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

Vol. 148 WASHINGTON, WEDNESDAY, MARCH 13, 2002 No. 28 House of Representatives The House met at 10 a.m. and was THE JOURNAL marks and include extraneous mate- called to order by the Speaker pro tem- The SPEAKER pro tempore. The rial.) pore (Mr. SIMPSON). Chair has examined the Journal of the Mr. COBLE. Mr. Speaker, it is my f last day’s proceedings and announces pleasure to welcome as our guest chap- to the House his approval thereof. lain today, Chaplain Bryan Finch of DESIGNATION OF THE SPEAKER the Olde Yorke Chapel, U.S. Coast PRO TEMPORE Pursuant to clause 1, rule I, the Jour- nal stands approved. Guard Training Center, Yorktown, Vir- The SPEAKER pro tempore laid be- Mr. MCNULTY. Mr. Speaker, pursu- ginia. I would also like to thank Chap- fore the House the following commu- ant to clause 1, rule I, I demand a vote lain Finch for his thoughtful and in- nication from the Speaker: on agreeing to the Speaker’s approval spiring invocation. WASHINGTON, DC, of the Journal. Chaplain Finch is joined today by his March 13, 2002. The SPEAKER pro tempore. The wife and Captain John Gentile, who is I hereby appoint the Honorable MICHAEL K. the Commanding Officer of the Train- SIMPSON to act as Speaker pro tempore on question is on the Speaker’s approval of the Journal. ing Center. this day. Mr. Speaker, I came to know the J. DENNIS HASTERT, The question was taken; and the Speaker of the House of Representatives. Speaker pro tempore announced that chaplain last fall when the chief petty officers in the Tidewater, the York- f the ayes appeared to have it. town area, invited me to be their guest PRAYER Mr. MCNULTY. Mr. Speaker, I object to the vote on the ground that a speaker for their annual gala. A great The Reverend Bryan K. Finch, Chap- quorum is not present and make the time was had by all. At that time the lain, U.S. Coast Guard Training Center, point of order that a quorum is not Chaplain expressed interest in joining Yorktown, Virginia, offered the fol- present. us up here. Chaplain Finch is an ordained South- lowing prayer: The SPEAKER pro tempore. Pursu- ern Baptist pastor, a graduate of La- O Lord, we commend the interest of ant to clause 8, rule XX, further pro- Grange College in LaGrange, Georgia. our dearest country to the protection ceedings on this question will be post- He earned a Master of Divinity at of Your Almighty hand, especially in poned. Southwestern Baptist Theological this day of new challenges and threats. The point of no quorum is considered Seminary in Fort Worth, Texas, and Guide our leaders and this Congress to withdrawn. move with vigilance toward the tests also obtained a Masters of Theology in ahead, and let them look beyond mere f Culture and Religion at Princeton mortal understanding and seek wisdom PLEDGE OF ALLEGIANCE Theological Seminary in Princeton, and guidance from above. For what is New Jersey. decided here shall not remain here, but The SPEAKER pro tempore. Will the Chaplain Finch also has a distin- will impact the cause of freedom and gentleman from New York (Mr. guished military career, having served those who love liberty across this MCNULTY) come forward and lead the in both the Army and Navy. Upon grad- world. House in the Pledge of Allegiance. uation from high school, he enlisted in Impress upon our hearts the summa- Mr. MCNULTY led the Pledge of Alle- the U.S. Navy for 4 years. Chaplain tion of all the commands, ‘‘To love the giance as follows: Finch then went on to pursue his col- Lord our God, and to love our neighbor I pledge allegiance to the Flag of the lege seminary degrees and, upon com- as ourselves.’’ United States of America, and to the Repub- pletion, joined the Army where he Pour this truth into each heart in lic for which it stands, one nation under God, served as Chaplain of the First Bat- order that we may serve You and this indivisible, with liberty and justice for all. talion, Sixth Infantry in Vilseck, Ger- country as servants of justice and f many. mercy. He later received an interservice O Lord, these who have the mighty WELCOME TO CHAPLAIN BRYAN transfer to the U.S. Navy and was com- task of superintending hope and peace FINCH OF OLDE YORKE CHAPEL, missioned in the Navy on January 7, and freedom in this land and in distant U.S. COAST GUARD TRAINING 1991. countries, I commit them into Thy CENTER Presently, Chaplain Finch is assigned holy keeping. (Mr. COBLE asked and was given per- to the U.S. Coast Guard Training Cen- In God’s holy name this day we pray. mission to address the House for 1 ter in Yorktown, Virginia, where he Amen. minute and to revise and extend his re- has served as Chaplain since June, 2000.

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 03:02 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.000 pfrm01 PsN: H13PT1 H836 CONGRESSIONAL RECORD — HOUSE March 13, 2002 Mr. Speaker, I would be remiss if I RAISING AWARENESS FOR THE Mr. Speaker, join me in helping bring did not mention one of Chaplain ERADICATION OF HIV/AIDS AND Ludwig Koons and all American chil- Finch’s most noteworthy contributions TUBERCULOSIS dren home. was his service on the Chaplain Emer- (Ms. ROS-LEHTINEN asked and was f gency Response Team which was acti- given permission to address the House CALLING FOR THE IMMEDIATE RE- vated to assist in the aftermath of the for 1 minute and to revise and extend TURN OF LIEUTENANT COM- events of September 11. Along with her remarks.) MANDER JOHN SPEICHER Chaplain Finch, there were 30-plus Ms. ROS-LEHTINEN. Mr. Speaker, (Mr. PITTS asked and was given per- other Navy chaplains assigned to Coast one-third of the world, including 15 Guard units who assisted in this effort, mission to address the House for 1 million Americans, are infected with minute and to revise and extend his re- and at this time, I would like to submit tuberculosis. My State of Florida ranks their names for inclusion in the marks.) among the top four in tuberculosis Mr. PITTS. Mr. Speaker, we learned RECORD in recognition of their signifi- cases every year. Tuberculosis is the cant contribution, as well. this week that there are credible re- leading killer among people infected ports that Saddam Hussein has been Mr. Speaker, again, I want to extend with HIV/AIDS, and both remain public a cordial welcome to Chaplain Bryan holding an American Navy pilot for the health concerns that we must continue last 10 years. Lieutenant Commander Finch for being here today. His pres- to address. Scott Speicher was shot down over Iraq ence and blessing on this House means This year, in conjunction with the during the Gulf War, and he has never so much to me and the thousands of Miami-Dade County Health Depart- been accounted for. Now, intelligence young men and women who proudly ment, the Florida Department of sources are saying Saddam Hussein wear Coast Guard blue. Health, the South Florida American captured him and has been holding him CHAPLAINS WHO SERVED WITH THE CERT AT Lung Association, and the Global prisoner ever since. THE WORLD TRADE CENTER Health Council and many other public Mr. Speaker, we know that Saddam CPT Leroy Gilbert, Chaplain of the Coast health organizations, I am promoting a Hussein does not follow the rules of Guard, USCG HQ, Washington, DC. forum entitled ‘‘When HIV and TB Col- peace or war. The world knows that he CPT Thomas Murphy, USCG Academy, lide: A World TB Day Event.’’ This con- is a tyrant who murders his own peo- New London, CT. ference will explore how unique part- ple, and we know that he has repeat- CPT Ronald Swafford, USCG Pacific Area, Alameda, CA. nerships between government, faith- edly invaded his neighbors. Now it CPT Peter Larsen, U.S. Naval Reserve based groups, and community-based or- seems he may be secretly imprisoning Chaplain. ganizations can together help combat an American officer. CDR Wilbur Douglass, USCG Atlantic the deadly combination between HIV/ To be clear, we do not know yet if Area/Fifth CG District, Portsmouth, VA. AIDS and tuberculosis that threatens this is true, but if it is, Saddam Hus- CDR Deborah Jetter, USCG RELSUP 106 the health and well-being of our com- sein needs to return our pilot to us im- (District Nine). munities. I urge my colleagues to help mediately. If he does not, the Govern- CDR Douglas Waite, Deputy Chaplain of raise awareness on these diseases both ment of Iraq will have to pay the con- the Coast Guard, Washington, DC. globally and locally, and to continue sequences, and I do not need to point CDR Derek Ross, USCG Training Center, working until they are eradicated from out that those consequences will be se- Cape May, NJ. CDR Lawrence Greenslit, USCG District our world. vere. Seven, Miami, FL. f f CDR Steven Brown, USCG District Nine, BRINGING ABDUCTED AMERICAN PRAYING FOR A SAFE RETURN Cleveland, OH. FOR MIRANDA GADDIS AND ASH- CDR Richard Carrington, U.S. Naval Re- CHILDREN HOME LEY POND serve Chaplain. (Mr. LAMPSON asked and was given (Ms. HOOLEY of Oregon asked and CDR Michael Doyle, U.S. Naval Reserve permission to address the House for 1 Chaplain. was given permission to address the minute.) LCDR Rondall Brown, USCG Air Station, House for 1 minute.) Cape Code, MA. Mr. LAMPSON. Mr. Speaker, I con- Ms. HOOLEY of Oregon. Mr. Speaker, LCDR Thomasina Yuille, USCG District tinue today with my story of Ludwig I come before the House today to alert One, Boston, MA. Koons. Last week, we left off with Jeff those who may be watching in Oregon LCDR William Brown, USCG District Koons finding his son abandoned by his and across the Nation to the tragic dis- Eight, New Orleans, LA. mother and left in a dangerous and por- LCDR James Jensen, USCG RELSUP 106 appearance of two young teenagers nographic environment. Mr. Koons from my district. (District Thirteen). took Ludwig from this environment LCDR Gregory Todd, USCG Activities New Miranda Gaddis and Ashley Pond, and returned with him to New York both 13 years of age, students at Gar- York, Staten Island, NY. City where he immediately initiated LCDR Manuel Biadog, USCG Training Cen- diner Middle School in Oregon City and ter, Petaluma, CA. divorce and custody proceedings in the teammates on the school dance team, LCDR Bryan Finch, USCG Training Cen- Supreme Court of New York. have been recently reported missing. ter, Yorktown, VA. His ex-wife filed an appearance Ashley disappeared January 9, and LCDR Phillip Lee, USCG RELSUP 106 (Dis- through counsel, and the parties agreed Miranda vanished last Friday, March 8. trict Eight). on joint custody of Ludwig. The agree- Both were last seen by their mothers LCDR Thomas Hall, USCG GANTSEC, San ment prohibited either party from re- early in the morning as they left their Juan, PR. moving the child from New York until homes at the Newell Village Creek LCDR Brian Haley, USCG Academy, New a final ruling on the divorce. Both par- apartments to catch the bus to school London, Ct. ties agreed to be accompanied by a LCDR Dennis Boyle, USCG Air Station, on South Beavercreek Road. Cape Code, MA. bodyguard outside the home to ensure The FBI has recently stated that LT Keith Shuley, USCG Training Center, that Ludwig remain in New York City. Ashley and Miranda’s disappearances Petaluma, CA. The Supreme Court of New York or- appear to be related and that foul play LT Thomas Walcott, USCG Group, Mil- dered ratification of the parties’ agree- may be involved. waukee, WI. ment, ruling that the parties were pro- If anyone has any information re- LT Steven Bartell, USCG RELSUP 106 hibited from removing Ludwig from garding Ashley or Miranda’s where- (District One). the jurisdiction until further court abouts, please contact your local FBI LT James Finely, USCG Training Center, order. offices or the Oregon City Police De- Yorktown, VA. Well, Mr. Speaker, Ilona Staller ig- partment. LT Alan Andraeas, USCG Air Station, Borinquen, PR. nored that court order and on June 9, Our thoughts and prayers are with LT Peter Rosa, USCG Group, St. Peters- 1994 abducted Ludwig to Italy. Neither the families of these girls and law en- burg, FL. the United States Government nor the forcement as they continue to work LT Douglas Vrieland, USCG Group, Italian Government is working to help tirelessly for the safe return of these Charleston, SC. solve this problem. girls.

VerDate 11-MAY-2000 02:18 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.003 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H837 FEDERAL BUDGET MUST REFLECT b 1015 SOCIAL SECURITY AND THE NEW PRIORITIES BUDGET REPUBLICAN LEADERSHIP RE- (Mr. RODRIGUEZ asked and was (Mr. GIBBONS asked and was given FUSES TO SCHEDULE DEBATE permission to address the House for 1 given permission to address the House ON FUTURE OF SOCIAL SECU- for 1 minute and to revise and extend minute and to revise and extend his re- RITY marks.) his remarks.) (Mr. ALLEN asked and was given Mr. RODRIGUEZ. Mr. Speaker, So- Mr. GIBBONS. Mr. Speaker, last permission to address the House for 1 cial Security has been a successful pro- Monday this Nation recognized the 6- minute and to revise and extend his re- gram that has lifted millions of the Na- month anniversary of the terrorist at- marks.) tion’s seniors out of poverty. Our sen- tacks which claimed the lives of thou- Mr. ALLEN. Mr. Speaker, I rise iors are facing a dilemma, one that sands of innocent Americans. Now, as a today to express my disappointment threatens their security and trust as Nation, we are in the middle of a war that the Republican leadership refuses they reach their retirement years. to root out the culprits of the Sep- to schedule a debate on the future of We must fight to preserve our Social tember 11 attacks and to rid the world Social Security. They appear unwilling Security trust fund and honor our com- of terrorism. Our mission is not only even to schedule or to bring up the mitment to our seniors. The Presi- right and necessary, but it is also mas- plan introduced by their own majority dent’s budget does not honor this com- sive and challenging. Like a runner, leader. mitment to our seniors, and, in turn, this is not a sprint, but a marathon. Perhaps it is because that plan calls fails all Americans. Terrorist cells exist in countries for benefit cuts, substantial benefit Now is the time for us to focus on a around the world, and as a result, our cuts for many Americans, including long-term budget plan that will not work will not be limited to just Af- disabled Americans. Perhaps it is be- only help recover the economy, but ghanistan. Consequently, as our budget cause creating private accounts will also help recover and make sure that process begins, we must provide the cost more than $1 trillion in transition our Social Security trust fund is kept critical resources our military and in- costs; and perhaps it is because the intact, returning us to an era where we telligence communities need to win the plan exposes beneficiaries to unneces- can protect our Social Security and war against terrorism. sary risks for unlikely rewards. protect our seniors, and even strength- This is a new world, Mr. Speaker, I welcome the opportunity to debate en the Social Security trust fund. that we are now living in; we are living the future of Social Security, but the We need to recommit to the idea that with new threats, and our Federal Republican leadership so far refuses. Social Security surplus dollars are for budget must reflect our new priorities. Perhaps it is because, if they do, their Social Security, and paying down our plan will be rejected by the American national debt is something that we all f people. need to do. We also are aware of the fact that the f President has also appointed a com- COMMISSION ON BLACK MEN AND mittee, and we know that when one BOYS IMPORTANCE OF FAKED MISSILE stacks a committee, that every single (Ms. NORTON asked and was given DEFENSE TESTS member on this committee was for the permission to address the House for 1 (Ms. MCKINNEY asked and was given purpose of privatizing Social Security. minute and to revise and extend her re- permission to address the House for 1 They had no other motive but to do marks.) minute and to revise and extend her re- that. Every single one of them on that marks.) committee had that one intention. Ms. NORTON. Mr. Speaker, as we Mr. Speaker, it is our responsibility move toward welfare reform, I want to Ms. MCKINNEY. Mr. Speaker, the GAO recently released a report out- to make sure we protect our seniors report an extraordinary standing- and future generations. room-only hearing by our Commission lining the ways in which the Pentagon on Black Men and Boys here in the Dis- and its contractors fudged the results f of a missile defense test in 1997. The re- trict last night. I established this 12- THE JOURNAL man commission after noting serious port found that missile test results challenges facing black men about a were fabricated by excluding negative The SPEAKER pro tempore (Mr. year ago; just as by focusing on women test data, ignoring sensor malfunc- SIMPSON). Pursuant to clause 8, rule and children, we made good progress. tions, and by delaying the disclosure of XX, the pending business is the ques- undeniable errors. All this is now irrel- tion of agreeing to the Speaker’s ap- The problems of black men are deep: evant, the Pentagon concludes, because proval of the Journal of the last day’s 6 percent of the population, 50 percent the system used in that test has not proceedings. of inmates in jail, half of all HIV cases. been used in 4 years. The question is on the Speaker’s ap- The devastating effect has been on the Well, Mr. Speaker, I disagree. The proval of the Journal. African American family. fact that these test books were cooked The question was taken; and the This began with a flight of jobs, man- could not be more important. The Speaker pro tempore announced that ufacturing jobs, from the African President has asked Congress to match the ayes appeared to have it. American community, replaced by an last year’s $8 billion-plus missile de- Mr. RODRIGUEZ. Mr. Speaker, I ob- underground economy and an under- fense appropriation and has formally ject to the vote on the ground that a ground culture. We have to do some- issued his intention for the United quorum is not present and make the thing about those jobs. States to pull out of the ABM treaty. point of order that a quorum is not The lead witness last night was Dar- Yet the Pentagon recently canceled the present. rell Green, the legendary football star supposedly important Navy missile de- The SPEAKER pro tempore. Evi- who started his own foundation to as- fense system due to cost overruns of 65 dently a quorum is not present. sist youth and who spoke about man- percent, and more recent missile de- The Sergeant at Arms will notify ab- hood and about his own policy work. fense tests were found to have been sent Members. fixed by the use of GPS location bea- The vote was taken by electronic de- The commission is drawing its own cons. vice, and there were—yeas 355, nays 45, action plan that the city has said it Mr. Speaker, the CBO has estimated answered ‘‘present’’ 1, not voting 33, as will carry out. that a working missile defense system follows: I am grateful to the minority staff of will cost another $64 billion by 2015, [Roll No. 54] the Committee on Government Reform, and the United States has been work- YEAS—355 which is working with me to translate ing on this since World War II and it Abercrombie Allen Baca the commission’s work nationally to still does not work. We do not need to Ackerman Andrews Bachus benefit other districts. give the Pentagon one more dollar. Akin Armey Baker

VerDate 11-MAY-2000 04:33 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.005 pfrm01 PsN: H13PT1 H838 CONGRESSIONAL RECORD — HOUSE March 13, 2002 Baldacci Gallegly Matsui Skelton Taylor (NC) Watkins (OK) bill are waived. General debate shall be con- Baldwin Ganske McCarthy (MO) Smith (MI) Terry Watson (CA) fined to the bill and shall not exceed one Barcia Gekas McCarthy (NY) Smith (NJ) Thomas Watt (NC) hour equally divided and controlled by the Barr Gephardt McCollum Smith (TX) Thornberry Watts (OK) chairman and ranking minority member of Bartlett Gibbons McCrery Smith (WA) Thune Waxman Bass Gilchrest McGovern Snyder Thurman Weiner the Committee on the Judiciary. After gen- Becerra Gillmor McHugh Solis Tiahrt Weldon (FL) eral debate the bill shall be considered for Bereuter Gilman McInnis Souder Tierney Weldon (PA) amendment under the five-minute rule. It Berkley Gonzalez McIntyre Spratt Toomey Wexler shall be in order to consider as an original Berman Goode McKeon Stearns Towns Whitfield bill for the purpose of amendment under the Berry Goodlatte McKinney Stenholm Turner Wilson (NM) five-minute rule the amendment in the na- Biggert Gordon Meehan Stump Upton Wilson (SC) ture of a substitute recommended by the Bilirakis Goss Meek (FL) Sununu Velazquez Wolf Sweeney Vitter Woolsey Committee on the Judiciary now printed in Bishop Graham Meeks (NY) the bill. The committee amendment in the Blumenauer Granger Mica Tanner Walden Wu Blunt Graves Millender- Tauscher Walsh Wynn nature of a substitute shall be considered as Boehlert Green (TX) McDonald Tauzin Wamp read. No amendment to the committee amendment in the nature of a substitute Boehner Green (WI) Miller, Dan NAYS—45 Bonilla Greenwood Miller, Gary shall be in order except those printed in the Bonior Grucci Miller, Jeff Aderholt Kucinich Schaffer report of the Committee on Rules accom- Bono Gutierrez Mink Baird Larsen (WA) Schakowsky panying this resolution. Each such amend- Boozman Hall (OH) Mollohan Borski Latham Stark ment may be offered only in the order print- Boswell Hall (TX) Moran (VA) Brady (PA) LoBiondo Strickland Capuano Matheson Stupak ed in the report, may be offered only by a Boucher Hansen Morella Member designated in the report, shall be Boyd Harman Murtha Costello McDermott Taylor (MS) Brady (TX) Hart Myrick Crane McNulty Thompson (CA) considered as read, shall be debatable for the Brown (FL) Hastings (FL) Nadler DeFazio Miller, George Thompson (MS) time specified in the report equally divided Brown (OH) Hastings (WA) Napolitano English Moore Tiberi and controlled by the proponent and an op- Brown (SC) Hayes Neal Filner Moran (KS) Udall (CO) ponent, shall not be subject to amendment, Bryant Hayworth Nethercutt Gutknecht Pallone Udall (NM) and shall not be subject to a demand for divi- Burr Herger Ney Hefley Peterson (MN) Visclosky sion of the question in the House or in the Callahan Hill Northup Hilliard Platts Waters Hinchey Ramstad Weller Committee of the Whole. All points of order Calvert Hilleary Norwood against such amendments are waived. At the Camp Hobson Nussle Hulshof Sabo Wicker conclusion of consideration of the bill for Cannon Hoeffel Obey ANSWERED ‘‘PRESENT’’—1 Cantor Hoekstra Olver amendment the Committee shall rise and re- Capito Holden Osborne Tancredo port the bill to the House with such amend- Capps Holt Ose NOT VOTING—33 ments as may have been adopted. Any Mem- Cardin Honda Otter ber may demand a separate vote in the Carson (IN) Hooley Owens Ballenger Ehrlich Oxley House on any amendment adopted in the Carson (OK) Horn Pascrell Barrett Eshoo Quinn Committee of the Whole to the bill or to the Barton Hinojosa Rothman Castle Hostettler Pastor committee amendment in the nature of a Chabot Houghton Paul Bentsen Hunter Rush Chambliss Hoyer Payne Blagojevich Jackson-Lee Shaw substitute. The previous question shall be Clay Hyde Pelosi Burton (TX) Slaughter considered as ordered on the bill and amend- Clayton Inslee Pence Buyer Johnson, Sam Sullivan ments thereto to final passage without inter- Clement Isakson Peterson (PA) Cooksey King (NY) Traficant vening motion except one motion to recom- Clyburn Israel Petri Coyne LaHood Young (AK) mit with or without instructions. Coble Issa Phelps Cubin Menendez Young (FL) Collins Istook Pickering Davis (IL) Oberstar b 1045 Combest Jackson (IL) Pitts DeLay Ortiz The SPEAKER pro tempore (Mr. Condit Jefferson Pombo 1043 Conyers Jenkins Pomeroy b SIMPSON). The gentlewoman from Ohio Cox John Portman So the Journal was approved. (Ms. PRYCE) is recognized for 1 hour. Cramer Johnson (CT) Price (NC) Ms. PRYCE of Ohio. Mr. Speaker, for Crenshaw Johnson (IL) Pryce (OH) The result of the vote was announced Crowley Johnson, E. B. Putnam as above recorded. purposes of debate only, I yield the cus- Culberson Jones (NC) Radanovich f tomary 30 minutes to my friend, the Cummings Jones (OH) Rahall gentleman from Texas (Mr. FROST), the Cunningham Kanjorski Rangel PROVIDING FOR CONSIDERATION Davis (CA) Kaptur Regula ranking member of the Committee on Davis (FL) Keller Rehberg OF H.R. 2341, CLASS ACTION Rules, pending which I yield myself Davis, Jo Ann Kelly Reyes FAIRNESS ACT OF 2002 such time as I may consume. During Davis, Tom Kennedy (MN) Reynolds consideration of this resolution, all Deal Kennedy (RI) Riley Ms. PRYCE of Ohio. Mr. Speaker, by DeGette Kerns Rivers direction of the Committee on Rules, I time yielded is for the purpose of de- Delahunt Kildee Rodriguez call up House Resolution 367 and ask bate only. DeLauro Kilpatrick Roemer for its immediate consideration. Mr. Speaker, House Resolution 367 is DeMint Kind (WI) Rogers (KY) Deutsch Kingston Rogers (MI) The Clerk read the resolution, as fol- a structured rule providing for the con- Diaz-Balart Kirk Rohrabacher lows: sideration of H.R. 2341, the Class Ac- Dicks Kleczka Ros-Lehtinen H. RES. 367 tion Fairness Act of 2002. The rule pro- Dingell Knollenberg Ross vides 1 hour of general debate, equally Doggett Kolbe Roukema Resolved, That at any time after the adop- Dooley LaFalce Roybal-Allard tion of this resolution the Speaker may, pur- divided and controlled between the Doolittle Lampson Royce suant to clause 2(b) of rule XVIII, declare the chairman and ranking minority mem- Doyle Langevin Ryan (WI) House resolved into the Committee of the ber of the Committee on the Judiciary. Dreier Lantos Ryun (KS) Whole House on the state of the Union for Duncan Larson (CT) Sanchez It provides that the amendment in the Dunn LaTourette Sanders consideration of the bill (H.R. 2341) to amend nature of a substitute recommended by Edwards Leach Sandlin the procedures that apply to consideration of the Committee on the Judiciary now Ehlers Lee Sawyer interstate class actions to assure fairer out- printed in the bill be considered as an Emerson Levin Saxton comes for class members and defendants, to Engel Lewis (CA) Schiff outlaw certain practices that provide inad- original bill for the purpose of amend- Etheridge Lewis (GA) Schrock equate settlements for class members, to as- ment. Evans Lewis (KY) Scott sure that attorneys do not receive a dis- The rule makes in order only those Everett Linder Sensenbrenner amendments printed in the Committee Farr Lipinski Serrano proportionate amount of settlements at the Fattah Lofgren Sessions expense of class members, to provide for on Rules report accompanying the res- Ferguson Lowey Shadegg clearer and simpler information in class ac- olution. Each amendment may be of- Flake Lucas (KY) Shays tion settlement notices, to assure prompt fered only in the order printed, may be Fletcher Lucas (OK) Sherman consideration of interstate class actions, to Foley Luther Sherwood offered only by a Member designated in amend title 28, United States Code, to allow the report, shall be debatable for 20 Forbes Lynch Shimkus the application of the principles of Federal Ford Maloney (CT) Shows diversity jurisdiction to interstate class ac- minutes equally divided and controlled Fossella Maloney (NY) Shuster by the proponent and an opponent, and Frank Manzullo Simmons tions, and for other purposes. The first read- Frelinghuysen Markey Simpson ing of the bill shall be dispensed with. All shall not be subject to amendment or Frost Mascara Skeen points of order against consideration of the demand for division of the question.

VerDate 11-MAY-2000 02:18 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.001 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H839 The rule waives all points of order received coupons for free boxes of ce- those thousands of Enron employees against consideration of the bill and real. and those thousands of Enron share- waives all points of order against such Now, while these examples may seem holders to bring a class action lawsuit. amendments. extreme, and they are extreme, they I have a difficult time understanding Finally, the rule provides one motion are sadly and rapidly becoming the their timing. to recommit with or without instruc- normal. This is an aspect of our civil I understand their interest in this tions. justice system that is in very sore need issue. It has been brought up before. I would like to take a moment to of reform. Class action filings in State But now we have this situation where clarify for my colleagues that while courts have increased 1,000 percent executives of Enron were telling their this is a structured rule, our com- over the past 10 years. That is an in- employees what a good deal it was to mittee, the Committee on Rules, did credible jump. invest in their company’s stock at the make in order every amendment sub- As noted in an editorial in The Wash- same time that those executives were mitted to us on this legislation. The ington Post, way last August, ‘‘We secretly selling their stock. And so we rule simply incorporates some time must inject the world of class actions have a class of people, a class of em- confines, equally applied to all the with more accountability to real cli- ployees, thousands of employees who amendments, in order to provide some ents and with some consequence to have lost their life savings; and yet my level of certainty and order during con- lawyers who file frivolous claims.’’ friends on the other side of the aisle sideration of this legislation on the This bill does just that by curbing the would say, well, this is the very mo- House floor. abuse of class actions while preserving ment that we are going to make it Mr. Speaker, the history of the judi- the right of the truly injured to bring more difficult for you to seek class re- cial process has established it as a sys- meritorious class action suits. lief. It is a very peculiar sense of tim- tem that, in most instances, employs Specifically, this legislation would ing. fairness and balance in the rendering of preserve the intent of article III of our It is an interesting bill. It is impor- justice. As one of the many tools of the constitution by allowing large, inter- tant that the American people very judicial system, the class action law- state class actions to be removed to clearly understand what this bill, H.R. suit, in its ideal form, shares these Federal Court when appropriate, there- 2341, the so-called Class Action Fair- characteristics. The class action suit is by creating greater uniformity in con- ness Act, would do. It is not, as some meant to give the many who may have sidering these cases and allowing claim, a small procedural change. It the same claim against the same de- greater consolidation of claims. Impor- will not, as some have suggested, curb fendant an efficient way to have their tantly, this would mean those cases lawsuit abuse. In fact, there is no sta- grievances consolidated into a unified that affect individuals across the Na- tistical evidence of a class action cri- and magnified voice. tion could be decided by courts that sis. Unfortunately, some people, for Mr. Speaker, as used by public inter- represent the Nation as a whole and their own political purposes, have est organizations and truly interested not just one particular State picked by made a career out of hyping anecdotal groups of individuals, class action law- a trial lawyer. stories of unbelievable lawsuits. The suits can be effective in remedying At the same time, this legislation truth is these rare abuses have been ap- wrongs, curbing dangerous misconduct, protects individuals in class actions propriately handled by State legisla- or encouraging better enforcement of through the Consumer Class Action tures and State supreme courts. laws. However, the reality of the class Bill of Rights. This bill of rights re- action lawsuit is far, far from the ideal. quires that notices sent to class mem- So what will this bill do? In a nut- Today, this procedural device is often bers be simple and intelligible. It also shell, it will drastically tilt the justice employed in frivolous suits designed to ensures that victorious plaintiffs do system in favor of big corporations and force businesses into quick and often not suffer a net loss because of attor- their executives and against the indi- unwarranted settlements while deny- neys fees. It prevents geographic dis- viduals they sometimes harm. That ing those truly wronged of any mean- crimination against certain class mem- may not be the intent of its supporters, ingful recourse. This abuse can stunt bers, and it prohibits disproportionate but that will be its effect. And, Mr. economic growth. It can stunt job cre- awards from going to classes’ rep- Speaker, that is just plain wrong. ation. And, ironically, these frivolous resentatives. Mr. Speaker, it is really unbelievable suits can clog the very courts that they Mr. Speaker, our judicial system and to me. I am frankly astounded, as I are being heard in, making it more dif- the judges and attorneys that serve mentioned earlier, that Republicans ficult to bring the valid litigation that within it do noble and important work. have made protecting big corporate the class action tools are meant to fa- I am a past attorney and a past judge, wrongdoers their priority right now. cilitate. so I can say that with some assurance. After all, at this very moment Con- Perhaps worst of all, the abuse of But it is the job of this Congress to gress is still trying to figure out how class actions often rewards attorneys make sure that the procedural tools Enron executives managed to devastate and certain plaintiffs while leaving given to those in the judicial system the life savings of thousands of its em- larger segments of the class with little are not misused to the point that they ployees and shareholders. Mr. Speaker, real remedy. In one instance, a State frustrate their very purpose. This bill America has just witnessed the worst court approved a class action settle- creates important reforms that will re- corporate robbery in history, and now ment in a case brought by account duce abuse and protect individuals. Republican leaders are pushing a bill to holders against a bank in which the I urge support for this legislation and protect big corporate wrongdoers. Do plaintiffs’ attorneys received over $8 for this fair and balanced rule. they really want to make it easier for million in fees while 700,000 class mem- Mr. Speaker, I reserve the balance of people to do the type things that ex- bers, the plaintiffs, only received about my time. ecutives at Enron reportedly did? $10 each. Mr. FROST. Mr. Speaker, I yield my- Mr. Speaker, there are plenty of addi- Even worse, those 700,000 class mem- self such time as I may consume. tional reasons to vote against this bill. bers each had up to $100 deducted from Mr. Speaker, my friends on the other By federalizing class actions, it tram- their accounts to pay the legal fees side of the aisle have a very peculiar ples on the authority of State courts, owed by the bank under the settle- sense of timing. Here we have this which is pretty peculiar coming from a ment. As a result, most of the class problem with Enron. We have thou- Republican Party that preaches the members ended up with a net loss as a sands of Enron employees who lost gospel of States’ rights on almost result of litigation designed to protect their life savings investing in 401(k)s, every other issue. And it will further their interest. and we have thousands, perhaps hun- clog Federal courts that are already In another class action filed against dreds of thousands, of Enron’s share- overwhelmed by the large number of General Mills, an additive was added to holders who lost a lot of money in criminal drug cases. So it is no surprise Cheerios, a very popular cereal. The Enron stock; and yet my friends on the that both Federal and State judiciaries settlement directed $2 million to the other side of the aisle take this very have consistently opposed efforts to lawyers, while the class members each moment to make it more difficult for Federalize class actions.

VerDate 11-MAY-2000 03:41 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.009 pfrm01 PsN: H13PT1 H840 CONGRESSIONAL RECORD — HOUSE March 13, 2002 But the real losers under this bill are gentleman from Texas’ constituents in islation, ‘‘reflects less on the merits as ordinary Americans for whom the jus- the State of Texas would be denied a proposal than on the grip that trial tice system is the only protection having an opportunity to have it heard lawyers have on many Democrats.’’ against big corporate wrongdoers. It is in that court; whereas with this legis- So I urge my colleagues on the other people like the thousands of Americans lation, if it were brought in a State side to join the many who will join us who lost their life savings at Enron and court where it was inappropriate to be in rejecting the idea that somehow we the 800 people who were injured and the brought, it could be easily removed to have to have a continuation of a sim- 271 who were killed on defective Fire- Federal court. This is not about Enron. ply bad Federal procedural rule that stone tires. This bill would actually What this is really about is fairness would allow these cases to be brought make it harder for them to hold those to American consumers. Let me give into Federal court when all we are try- corporate wrongdoers accountable. you some examples. ing to do is to correct a very serious This Congress should be fighting for Here is a case. This case shows what problem of abuse. those Americans, not protecting the the trial lawyers received, $2 million in How does the abuse occur? The plain- corporate wrongdoers that harmed attorneys’ fees, and the plaintiffs that tiffs’ attorneys, and they are good at- them. they were representing, they got a cou- torneys, they choose the jurisdiction in Mr. Speaker, we appreciate that this pon. A coupon for what? A box of this country that they think best suits rule makes in order all of the amend- Cheerios. their likelihood of success in the case. ments that were submitted to the Com- Here is another one. In this case, the That happens in every lawsuit. But in mittee on Rules. That does not, in fact, plaintiffs’ attorneys received $100,000 in class action lawsuits involving hun- change the fact, Mr. Speaker, that this attorneys’ fees and the plaintiffs got dreds of thousands or millions of plain- is a bad bill. three golf balls. tiffs, they can choose from 4,000 dif- Mr. Speaker, I reserve the balance of It gets better. In this particular case, ferent jurisdictions in the country, and my time. the plaintiffs’ attorneys, the trial law- a handful of jurisdictions over and over yers, received $4 million in attorneys’ and over again get the cases brought b 1100 fees and the plaintiffs each got a check there because those judges are known Ms. PRYCE of Ohio. Mr. Speaker, I for 33 cents. In case you cannot see the to certify these classes far more read- must say that this bill was discussed at amount on this check, we blew it up for ily than anybody else. Allowing re- length in the Committee on Rules yes- you. There it is: 33 cents. That is what moval of the case by either the plain- terday, and I am not sure, maybe my the plaintiffs got while their attorneys tiffs or the defendants to Federal court friend from Texas was not present, but got $4 million. There is a catch to it, will end this abuse because you will I believe he was, because it is incred- though, for those desiring 33 cents be- have a more uniform, more standard ible to me that he is making these cause in order to get the 33 cents, they application of what it takes to certify statements. It was pointed out at great had to mail back in their acceptance of a class. length that the Enron case is already the settlement offer, which cost them I urge my colleagues to support this in Federal court. This has nothing to 34 cents. So actually they came up a rule and to support the underlying leg- do with Enron. Indeed, Mr. Speaker, se- penny short in this particular class ac- islation. curities litigation is carved out en- tion lawsuit abuse. Mr. FROST. Mr. Speaker, I yield 1 tirely by this legislation. It would not It goes on. Here is a settlement of a minute to the gentleman from Michi- cover Enron. case against an airline that gave the gan (Mr. CONYERS). Mr. CONYERS. Mr. Speaker, I would Mr. Speaker, I yield such time as he class members a $25 coupon. That just like to ask my good friend, who is may consume to the distinguished gen- sounds pretty good. It is $25. It is bet- on the Committee on the Judiciary, tleman from Virginia (Mr. GOODLATTE), ter than 33 cents, but it is conditioned the gentleman from Virginia (Mr. the author of this legislation, to fur- upon their purchasing an additional GOODLATTE), who is himself an ex-trial ther bring some light to this subject. airline ticket for $250 or more. In other lawyer, what is his solution to this hor- Mr. GOODLATTE. Mr. Speaker, I words, it is a coupon for a 10 percent rible problem of trial lawyers making thank the gentlewoman for yielding reduction in your next airline ticket. time. I want to compliment her and the too much money? What did the attorneys get? $16 mil- I would like to yield to the gen- other members of the Committee on lion. tleman from Virginia (Mr. GOODLATTE), Rules for fashioning a very fine and This one is the best of all. A Bank of very fair rule to debate this important a former trial lawyer himself. Boston settlement over disputed ac- I will repeat the question. What is piece of litigation reform. counting practices produced $8.5 mil- the Republican solution to this hor- I was pleased to hear the gentleman lion in attorneys’ fees. Later, the rible practice that has allowed trial from Texas acknowledge the fairness of plaintiffs’ attorneys in the case sued lawyers, like you used to be, from reap- the rule, so I encourage all of my col- their own clients, the class members, ing these incredible profits? leagues to support the rule when it for an additional $25 million in attor- I yield to the gentleman from Vir- comes up for a vote. But I would like to neys’ fees, and the class members were ginia. address the other issue the gentleman required to pay $80 each for a settle- Mr. GOODLATTE. For better or for raised, and, that is to somehow try to ment that netted the attorneys $8.5 worse, if the gentleman would yield, I associate this with Enron. million. have to say that I never enjoyed such Enron’s class action lawsuit is al- This is not a Republican effort for re- remuneration for the work that I did. ready in Federal court. The fact of the form. There are plenty of folks on both Mr. CONYERS. You did not like prac- matter is, it is in Federal court be- sides of the aisle here who support this, ticing as a trial lawyer. It was not fun. cause the plaintiffs in that case chose including those who subscribe to this Mr. GOODLATTE. I did not handle to bring it there because it involves distinguished publication, the Wash- class action lawsuits, but I will tell Federal questions and because it will ington Post, where they said that the you that the measure of a good lawsuit be a better place to handle class action lawyers cash in while the clients get is not how much work the attorneys lawsuits because our Federal courts are coupons for product upgrades. put into it relative to what they re- designed to hear cases from plaintiffs ‘‘It’s a bad system, one that irration- ceive, but whether they accomplish and defendants from a multitude of ju- ally taxes companies in a fashion all anything for their clients. And when risdictions. but unrelated to the harm their prod- they get a coupon for Cheerios, they But the Enron case could have been ucts do and that provides nothing re- are accomplishing nothing in exchange brought in a State court in, say, Illi- sembling justice to victims of actual for the large fees they receive. nois where there might be a few Enron corporate misconduct.’’ Mr. CONYERS. I thank the gen- employees. It would not be appropriate So, as a result of that which appeared tleman for explaining to me what his for it to be heard there, but if it were on March 9, this past Saturday, the solution is to the problem of trial law- brought there under diversity of juris- Post has endorsed this legislation. The yers making too much money. diction and there were no means to re- Post went on to say, ‘‘That it is con- Mr. FROST. Mr. Speaker, I yield my- move it to Federal court, all of the troversial at all,’’ referring to this leg- self 1 minute.

VerDate 11-MAY-2000 02:18 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.010 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H841 My colleagues on the other side want mittee on Rules for yielding me this b 1115 to say no, no, no, no, this is not about time. Frankly, this bill is a bailout for cor- Enron. Explain that to the thousands Mr. Speaker, I strongly support H.R. porate wrongdoers, and that makes me of Enron employees who lost their life 2341, the Class Action Fairness Act of sick. savings in their 401(k)s and who would 2002. The current class action system Mr. Speaker, if passed, this bill will like to bring a civil fraud action makes it too easy for attorneys to make it easier for a significant number against executives at Enron in State bring suit not for the benefit and well- of corporations, not just Enron, where court in Harris County, Houston, being of class members, but for the at- no real class action has been filed yet, Texas. Explain that to them, please, if torneys’ own monetary gain. but Arthur Andersen, for example, this is not about Enron. For instance, when attorneys sued might not have as much to fear. We Mr. Speaker, I yield 2 minutes to the Southwestern Bell, which is a con- may never have even heard about the gentleman from California (Mr. stituent firm, alleging misrepresenta- problems with Firestone if this bill STARK). were law today. Monsanto, W.R. Grace, (Mr. STARK asked and was given tion of service plans, they made $4 mil- lion in fees while the class members re- all these corporations had to face the permission to revise and extend his re- public and face the music because of marks.) ceived only a $15 credit. A suit brought against Oracle sought no damages, but our Nation’s easy access to the court- Mr. STARK. Mr. Speaker, I under- house. This bill would have made it sig- stand what is behind this. I am not a resulted in $750,000 in attorneys’ fees and nothing for the plaintiffs. Unfortu- nificantly easier for these corporations lawyer, I will never be a judge, but this if this bill were law. is really the Republicans’ attempt to nately, these examples are not uncom- mon. This bill would federalize class action prevent themselves from being sued as lawsuits, plain and simple. You can a party under a class action under Congress should not stand by while take my word for it, or you can take RICO by the 42 million beneficiaries of lawyers shop around the country for a Chief Justice Rehnquist’s word for it, Medicare whose plan they are plotting judge who will render a favorable ver- the Federal courts are already over- to destroy. dict. This bill will give Federal courts worked and understaffed. This bill As we sit here today, the Committee jurisdiction over cases that involve ag- would only exacerbate this problem. on the Budget is giving the Republican gregate claims of at least $2 million State courts are the much preferred budget in the office building, and they and a plaintiff and defendant from dif- venue for these types of actions. We are going to tell you how they are ferent States. It also creates a class ac- have heard about problems in a couple going to give 1 year, $8 billion, to Medi- tion bill of rights that will require set- of States. The fact is, there really is no care. They have depleted the entire tlement notices to be written in plain crisis. Florida, California, Texas, and Medicare trust fund, and this 1 year, $8 English, prevent disproportionate at- New York all are able to handle their billion, is contingent on privatizing torneys’ fees from being awarded, and caseload without Federal intervention. Medicare, taking the President’s re- protect consumers from actually losing Certainly, if the four largest States in form, which is a voucher system, and money when there is a verdict in their the United States are not having these destroying Medicare, as the Repub- favor. problems, the other 46 can manage as licans are on record as wanting to do Mr. Speaker, we must not let a few well. time and time again, starting with lawyers get rich at the expense of Let me tell you some things. I heard Newt Gingrich. working families. I urge my colleagues So they have given us $8 billion, or the gentleman from Virginia (Mr. to support this bill. I thank the gen- $40 billion over 5 years, if we privatize GOODLATTE) a moment ago talk about a tleman from Virginia (Mr. GOODLATTE) the system. That is to cover a drug coupon. I cannot deny there are cases for offering this bill. benefit which ought to cost $70 billion where lawyers have made fees and cli- a year by any standards. That does not Mr. FROST. Mr. Speaker, I yield 4 ents have not received all of the rec- allow us to correct the inequity in phy- minutes to the gentleman from Florida ompense that my brothers and sisters sicians’ payments which costs $12 bil- (Mr. HASTINGS). on the other side would have them. But lion a year. This does not take care of Mr. HASTINGS of Florida. Mr. what about tobacco and all of the hospital inflation, children’s hospitals, Speaker, I thank the gentleman from money that all of the States have re- teaching hospitals, cancer centers, pre- Texas, the ranking member of the ceived? What about asbestos and black ventive screening. Committee on Rules, for yielding me lung? Where would we be if this were This is an obscene hoax on the Amer- this time. law today? Would we have seat belts in ican people. It is just one more indica- This bill is opposed by every major our automobiles, air bags, infant car tion of protecting the corporate inter- environmental organization, every seats, child proof medicine bottles, dis- ests and the corporate insurance com- major consumer product safety organi- ability access? All of those were class panies, for instance, who provide Medi- zation, and I wonder why that is? actions. I am heartened that the Committee care benefits from any class action. Mr. Speaker, it is no doubt trite to They will not let us have the Patients’ on Rules did make in order the Lofgren proclaim that the road to hell is paved amendment and several others, includ- Bill of Rights. The only way we have with good intentions. This bill is a per- now to enforce that is class actions in ing the amendment of my good friend, fect example of that aphorism. No the gentleman from Massachusetts a few cases. If we could have a Pa- Member of this Chamber needs to lec- tients’ Bill of Rights with the right to (Mr. FRANK). ture me about living in a culture of I want to make it very clear that I sue, that might not be necessary. lawsuits and about how the number of But one more case, protect the rich, recognize that we do not have all the lawsuits has spiraled out of control. I trample on the poor, do away with time this morning to talk about this am all too familiar with that, being a Medicare and Social Security, this is matter, but understand this: there was trial lawyer and being a trial judge. the Republicans’ plan; and this is one absolutely no consultation with Fed- more nail in the coffin of the Medicare Let me tell you something, this bill eral judges. And we talk all the time in beneficiaries. will do nothing but make things worse this body about unfunded mandates. Ms. PRYCE of Ohio. Mr. Speaker, I for our courts in this land, worse for Well, this bill was not scored by CBO, am pleased to yield 2 minutes to the our judges, and, most important, it will according to my Republican col- distinguished gentleman from Texas make things worse for the people who leagues; but CBO did say that there (Mr. SMITH), a member of the Com- need redress the most in our judicial would be increased administrative mittee on the Judiciary, who can get system. costs. Let me tell you what some of us back on course. This is a bill that is This bill does not make our litigious those increased administrative costs addressing lawsuit reform, not Medi- system better. Indeed, it makes it far will be: more court reporters, more care, not Enron. The gentleman from worse. The bill before us would make it translators, more clerks. And the im- Texas can help point that out. significantly more difficult for con- pact on the Federal judiciary, it is all Mr. SMITH of Texas. Mr. Speaker, I sumers to achieve relief from the most but outrageous for us to believe that thank the gentlewoman from the Com- outrageous corporate abuses. courts will not bog down. If we impact

VerDate 11-MAY-2000 03:41 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.012 pfrm01 PsN: H13PT1 H842 CONGRESSIONAL RECORD — HOUSE March 13, 2002 the civil litigation system in this coun- lawsuits filed in local courts. A class The Eleventh Circuit laid bare the try, then the linchpin of this country’s action is typically a big lawsuit, a harsh reality that out-of-state defend- economy will come undone. large lawsuit, often with hundreds or ants can now face in class action law- It is a terrible mistake for us to pro- even thousands of class members. In suits, where the thumb is put on the ceed in this manner, and I urge my col- fact, most of the Members in this scale of justice in advance. You, as an leagues to defeat this bill. Chamber and most of the people watch- individual citizen in America, as a Ms. PRYCE of Ohio. Mr. Speaker, I ing what is going on on this floor are party to one of these actions, can be am very pleased to yield such time as probably plaintiffs in lawsuits that dragged into a remote jurisdiction that he may consume to the distinguished they do not even know about, because often has little or no connection with gentleman from California (Mr. COX). it is so easy to claim, if you are a law- you, or indeed with any of the parties. Mr. COX. Mr. Speaker, I thank the yer, to represent a whole class of peo- Appearing in local courts, facing local gentlewoman for yielding me time. ple similarly situated to your cousin. judges and judges unlikely to treat you Mr. Speaker, I thank the preceding In these large class actions involving fairly, you know the outcome in ad- speaker for pointing out how urgent it people from all over America, there are vance. Almost certainly you will wind is for the Democrats in control of the often at issue the laws of many dif- up being forced to pay a large settle- other body to approve the some 100 ferent States. It is because of this that ment just to get out of this nightmare, judges that President Bush has nomi- a class action involving citizens of because you would not want to see it nated that are being held hostage to multiple States necessarily has signifi- through trial to the unfair result. politics. That is the reason that we cant interstate commerce implica- This is precisely the kind of injustice have some backlog in some of our tions, and as a result it is the quin- and local prejudice the Framers in- courts. tessential Federal case. tended to eliminate by explicitly The fairness bill which is on the floor No matter how many citizens from granting to the Federal courts diver- today is addressed to something much other States are involved, no matter sity jurisdiction over cases involving more discrete, and that is what is the how many States’ laws are involved, people, parties in multiple States, and proper role of the Federal courts and the law as it exists today places such laws of multiple States. This legisla- what is the proper role of the State strict limits on the right of a party to tion will restore the balance between courts. have his or her case removed to Fed- State and Federal courts and return to This bill is needed to restore to the eral Court that it is virtually impos- the Federal courts the jurisdiction over Federal courts the jurisdiction that the sible for an out-of-state party to do so. diversity indications that the Framers Framers of our Constitution gave to This has given rise to what is called intended. the Federal courts. It was the Framers in the lawyers parlance ‘‘forum shop- Now, I must say in closing that our ping.’’ If you were a clever lawyer, you that decided that when the parties to a State court system is a good system. It get to pick the one place in America case live in different States, multiple is a wonderful system for resolving a where you know you are going to win, States, when what is at issue in the variety of cases. The problem is not whether you are right or whether you case are the laws of multiple States, with the entire system of State courts; are wrong. Forum shopping has re- that that kind of jurisdiction, diversity but rather that some lawyers, a small sulted in a very small handful of local jurisdiction, so-called, is properly vest- number of amoral and unethical law- courts in such places as Madison Coun- ed in the Federal courts. yers on many occasions, get to pick ty, Illinois; Jefferson County, Texas; What we are hearing in opposition to not just State courts in general, not and Palm Beach County, Florida, mak- putting nationwide class actions in just the system, but the precise place ing law for an entire Nation. where they know they have control and Federal Court is a sort of reverse Fed- But this is not the only negative im- eralism; that somehow if multiple where they can win. pact of what I have called reverse Fed- The argument that has been made States are involved and parties from eralism. It is now openly recognized against this bill bears a heavy burden. multiple States are involved, that a that these local courts can and do har- People have stood up here and said hamlet in some county in America bor actual prejudice against out-of- that this would be bad for the Enron should make law for the whole coun- state defendants. This was acknowl- plaintiffs, even though, as we all know, try. edged by the Eleventh Circuit Court of the Enron plaintiffs chose a Federal The Framers gave us this jurisdic- Appeals in a recent opinion in which forum and this bill gives anyone the tion, diversity jurisdiction, to guard the court apologized to the out-of-state right to file in a State court or remove against local prejudice to make sure defendant for the current state of Fed- to a Federal court. that American citizens would not be eral law. They recognized that while People are saying that this tramples dragged to some unfamiliar venue no- they could not permit this action on the rights of State courts. I think I where near where they lived and forced under the current circumstances, have dealt fairly with that argument. to appear between a rock and a hard which we just described, the current I have heard it is going to protect the place, as it were, unable to argue their Federal law which makes removal so rich or that it is going to hurt environ- rights that they would have back home difficult, they could not permit this ac- mental cases. The burden that you bear or in a Federal jurisdiction, and know- tion to be heard in Federal Court, it in making that argument is that you ing the outcome in advance, that they ought to be in Federal Court. So they have to say that there is inherent prej- were going to be home-towned by local apologized to the defendant in the case udice against environmental issues in judges and juries. The Framers wanted for their anomalous ruling, returning a the Federal courts. You have to say to ensure that citizens would have con- large interstate class action lawsuit to that there is inherent prejudice accord- fidence in their judicial system by Alabama State court. ing to class in the Federal courts. I do eliminating this kind of local bias. The Eleventh Circuit recognized that not think any of you really believes The Framers reasoned that local it was sending these defendants back to that. All that this bill does is state prejudice could result in discrimina- a State court system that was going to that if multiple States are involved, tion against interstate commerce. As treat them, or at least had treated peo- you can be in the Federal system. you recall, in article I of the Constitu- ple similarly situated in the past, un- This bill is an affirmation of Fed- tion interstate commerce is a Federal fairly; that has produced in their words eralism and of the Founders’ intent. It responsibility, not a State responsi- ‘‘gigantic awards against out-of-state is the reason that the Washington Post bility. Of course, prejudice against peo- defendants.’’ so strongly supports this bill. In their ple from other States, prejudice The court quoted a newspaper article editorial what they have said is that against interstate commerce, they rec- noting that Alabama was ‘‘a State the lawyers cash in while the clients ognized would be highly detrimental to whose courts are among the most wide- get coupons for product upgrades. That the country. ly feared by corporate defendants.’’ is the kind of misrepresentation that We are here today precisely because Nonetheless, the Eleventh Circuit con- has occurred, as described by the the Framers intended to prevent what cluded there was nothing under current speakers that got up before me, in this is happening in our court system today Federal law that could be done about bad system that they describe, that ir- in the form of nationwide class action it. rationally taxes companies in a fashion

VerDate 11-MAY-2000 02:18 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.014 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H843 all but unrelated to the harm their do in local communities? This strips Do the words in litigation, Ford products do, and that provides nothing the authority of the State court to Pinto, fire-safe pajamas, asbestos, do resembling justice to victims of actual apply the State court’s own procedural those raise an issue? Those are not corporate misconduct. rules and the State court’s own proce- class actions, but those are lawsuits The Federal system is a good system dural laws. that have caused change, and class ac- for resolving cases. It is the ideal sys- This is a very, very serious 10th tions do the same. tem and the one that the Framers in- amendment question. It is unconstitu- I urge my colleagues to vote against tended for resolving complex cases in- tional. It is an effort by our friends on this legislation. volving citizens and parties of multiple the other side of the aisle to federalize Mr. FROST. Mr. Speaker, I yield 2 States and the laws of multiple States. State actions, and it is just wrong. minutes to the gentlewoman from Cali- I strongly urge my colleagues to ap- Our Federal courts are already over- fornia (Ms. PELOSI). prove not only this rule, but the legis- loaded. Right now, there are 68 judicial Ms. PELOSI. Mr. Speaker, I thank lation when it next comes to a vote, vacancies in the judiciary, 416 civil the gentleman for yielding me this and I predict it will pass with a big bi- cases pending, on average, as of 2001. time. partisan majority. The criminal trials, of course, get pref- Mr. Speaker, I rise in opposition to Mr. FROST. Mr. Speaker, I yield 1 erence; and every commentator has this bill because of its substance, which minute to the gentleman from Michi- said, this will move practically every I oppose, but also because of the very gan (Mr. CONYERS), the ranking mem- single class action in America into the fact that it is being brought up at a ber on the Committee on the Judiciary. Federal court. Our friends on the other time when we should be bringing up a Mr. CONYERS. Mr. Speaker, I thank side of the aisle want to federalize bill that the Democrats are asking to the gentleman for yielding me time. every action. be discharged to provide unemploy- Mr. Speaker, the gentleman from Now, let me tell my colleagues some- ment benefits and health benefits to thing about this ridiculous argument California (Mr. COX) is one of the best those people affected by the September lawyers in the House. I do not know if about forum shopping and trying to get 11 attacks. he was a trial lawyer or not. But I just preference. Let me give an example. In We lost no time in bailing out the my hometown of Marshall, Texas, if wanted to point out to him a couple of airline industries after the tragedy of one wants to file a class action in State cases. September 11, and that was something court, it is filed in the State district This discussion is not new in the Fed- we probably should have done. At the court. If one would like to file it in the eral judiciary. We have been trying to same time, in tandem with that, we Federal court, you move one block figure out when you get to State Court should have had legislation on this down the street and you file it in the and when you get to Federal Court for floor in order to help those workers Federal court in Marshall, Texas. who were left unemployed after that quite a while. So I want to refer the Trying to act like there is some big tragedy, but we did not. Here we are 6 gentleman, the gentleman has probably Federal procedure and big Federal law months later. seen this case before, Strawbridge v. that covers everything is absolutely Curtis, that was decided way back in Last week we passed legislation, not true. Remember, no matter what which was the very least we could do, 1806, dealing with how one has to have Federal court one files this in, the Fed- to extend unemployment benefits for complete diversity to bring a State law eral court is applying State law. The workers. But many, many people can- case into a Federal law case. Indeed, Federal court is applying State law. I not avail themselves of that benefit, they brought it up to date in another take offense to objections to State and the bill did nothing last week to case of which I hope the gentleman is courts and State law and State judges. aware, Schneider v. Harris, in 1969, Let me read something that one of address the issue of loss of health bene- where the court held that the court our friends in Congress said not long fits by America’s workers. should only consider the citizenship of ago about judges. He said, ‘‘I simply So, instead, I am asking our col- named plaintiffs for diversity purposes. say, the State judge went to the same leagues today to defeat the previous Mr. FROST. Mr. Speaker, I yield 4 law school, studied the same law, and question; and then that will allow minutes to the gentleman from Texas passed the same bar exam that the Democrats to bring a comprehensive (Mr. SANDLIN). Federal judge did. The only difference unemployment insurance bill to the Mr. SANDLIN. Mr. Speaker, I thank is, the Federal judge was better politi- floor, including health care for unem- the gentleman for yielding me time. cally connected and became a Federal ployed workers. Instead of passing Our friends on the other side know judge. But I would suggest when the anticonsumer class action legislation, that this issue is not about attorneys. judge raises his hand, State court or we should be bringing legislation to the It takes away rights of consumers, it Federal court, they swear to defend the floor to help unemployed workers. gives corporate wrongdoers additional U.S. Constitution; and it is wrong, it is It is not a question of Democrats and protections that they are not currently unfair to assume ipso facto that a Republicans deciding on how to help entitled to, and it strips the States of State judge is going to be less sensitive unemployed workers; it is a question of the States’ own laws and procedures. to the law, less scholarly in his or her whether we are going to fully help un- I think it is important to note that decision, than a Federal judge.’’ employed workers. The Democrats say neither the Federal judiciary nor the The gentleman from Illinois (Mr. yes, the Republicans say no. The Re- State judiciary has requested any of HYDE) made those statements. publicans say we want to use our time these changes. It is important that we make sure on the floor to pass legislation, and in that consumers have access to the this time of Enron, I mean it is so bra- b 1130 courts. It is important that they zen. No judge in America has written in choose, and it is important that we I am surprised that I am surprised, and asked for these questions. No orga- stick up for the United States Con- quite frankly, because usually I am not nization has asked for these changes, stitution for once, and we do not move surprised at anything in politics. But it no organization of judges at the State everything into the Federal system. is surprising that with all of the head- or Federal level. This is not a problem. Let me mention one other thing. Of- lines on Enron and Arthur Andersen This is an effort by our friends on the tentimes suits effect changes that are and the rest, that instead of helping other side of the aisle to create a solu- good. There has been a lot of talk workers put out of work, we are mak- tion to an imagined problem, and it is about coupons here. Sometimes those ing it harder for consumers to file class a poor solution at that. coupons are good. Sometimes they action suits. Also, this legislation strips powers change products. There are products on Mr. Speaker, I urge my colleagues to from our State courts. the market today that have increased vote to defeat the previous question. I would like to say, what happened to warnings as a result of suits that have Ms. PRYCE of Ohio. Mr. Speaker, I States’ rights? What happened to the been brought by consumers all across would just like to remind the gentle- issue of local control? What happened America, where they have been harmed woman from California that this House to what we hear time and time again by corporate America, but they cannot has passed health benefits twice. We about local people know best what to afford to have their own suits. have passed unemployment benefits,

VerDate 11-MAY-2000 02:34 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.016 pfrm01 PsN: H13PT1 H844 CONGRESSIONAL RECORD — HOUSE March 13, 2002 and it was signed into law actually last floor of this chamber, but I will do so arrived in Congress some 5 years ago, I weekend; I was at the signing cere- today. The Washington Post wrote in recollect very passionate rhetoric com- mony. This has been done. supporting the work of the Committee ing from the other side about States’ I do not know where she is coming on the Judiciary, that is on the floor rights and a new era in federalism. So from. This House has acted responsibly today, that under the current system, it is really ironic that this particular and we will continue to do that. ‘‘At settlement time, the lawyers cash week we are considering two bills that Mr. Speaker, I am very pleased to in while the clients get coupons for would send us off in an entirely dif- yield 3 minutes to the distinguished product upgrades. It is a bad system.’’ ferent direction. gentleman from Indiana (Mr. PENCE), a They went on to write, ‘‘This corrupt This bill, the so-called, and let me member of the Committee on the Judi- system is made possible to some degree suggest it is truly mislabeled, Class Ac- ciary. because of how difficult it is to yank tion Fairness Act, would remove thou- (Mr. PENCE asked and was given per- cases from State court and move them sands of class action suits from State mission to revise and extend his re- into the Federal system where judges courts to Federal courts; and a con- marks.) tend to examine them more skep- sequence of that would be that ordi- Mr. PENCE. Mr. Speaker, I thank the tically.’’ They point out the positives nary citizens and hurting American gentlewoman for yielding me this time in the provisions of this bill. families and consumers would be se- and for her masterful handling of this Mr. Speaker, I urge all of my col- verely disadvantaged against large cor- rule and the underlying debate. leagues to support the rule, to support porations. And that is why every con- I do rise as a member of the Com- the Class Action Fairness Act, and say sumer group in America is opposed to mittee on the Judiciary in strong sup- ‘‘yes’’ to hurting American families this bill. Every legitimate major con- port of the rule and of the underlying and litigants taking their stand in our sumer group is opposed to the bill. legislation, the Class Action Fairness best courts against the most powerful. Now, the other bill that is scheduled Act of 2002. Mr. FROST. Mr. Speaker, I yield 1 for tomorrow, the so-called ‘‘Two I believe as a new Member of this in- minute to the gentlewoman from Cali- Strikes and You’re Out Child Protec- stitution that whatever laws that we fornia (Ms. PELOSI). tion Act,’’ continues that relentless pass, they ought to ever and always be Ms. PELOSI. Mr. Speaker, I thank federalization of crime that has been judged by how they impact not the the gentleman for yielding me this roundly criticized by such conservative most prosperous or the most affluent time. icons as former Attorney General Ed in our country, but by how they impact I rise to respond to the question: ‘‘I Meese and the Chief Justice of the the least of these; how the laws in this do not know where she is coming from; United States Supreme Court, Mr. place impact the average, working, we have passed health benefits for Rehnquist. struggling American family. And in these workers over and over again.’’ I remember the Contract for America that, I agree with the sentiment ex- Where I am coming from is a meeting and, boy, suddenly it seems, oh, so long pressed by the gentlewoman from Cali- with James Dodrill, an unemployed ago, the Contract For America. Well, fornia that this institution should be worker whose health benefits expired according to the Judicial Conference, focused on the least of these and on last week at a time when his wife has the class action bill would overwhelm struggling Americans. been diagnosed with serious illness, Federal courts that are already stag- I just simply would offer that, today, James and his family, he and his wife gering under their current caseload. Of the least of these ought not to include and their three children. course, for the innocent victims of cor- doctors, lawyers, and corporate execu- James’s benefits ran out last week. porate misconduct, this would mean tives, but rather it ought to include ag- Under the current law, James would years of delay before they would get grieved families and hurting Ameri- have to spend over $7,000 a year to pay their day in court. cans like the employees of Enron or for his COBRA benefits. The legislation How many times have we heard on other litigants and plaintiffs in class in our discharge petition would help the floor of this House, ‘‘Justice de- action lawsuits who have been made pay for 75 percent of that and fund the layed is justice denied’’? the subject of a system that the Wash- States to pick up the other 25 percent, b 1145 ington Post called bad and called cor- so that unemployed workers can con- rupt in a recent March 9 editorial. tinue their health benefits with real Well, one might suppose that this Mr. Speaker, the father of the gen- health care benefits and would expand proposal was written by people who tleman from Oklahoma (Mr. WATTS) the number of people who fall into that favor a larger role for the Federal Gov- says the definition of a contingency fee category and include some workers ernment, but that is not the case. The is, if you lose, your lawyer does not get who were never eligible for COBRA to authors are the same individuals, and paid, but if you win, you do not get be included in Medicaid. let me quote the Washington Post, that paid. And regrettably, as we learned in It is a good discharge. I urge my col- referred to the proponents as ‘‘self-pro- recent examples debated on this House leagues to sign it. That is where I was claimed champions of State power.’’ Floor, $2.5 million in a class action coming from. One could also speculate that this lawsuit goes to the attorneys and the Ms. PRYCE of Ohio. Mr. Speaker, proposal was generated by people who litigants get a coupon for a box of would the gentlewoman yield to answer advocate a larger role for the Federal Cheerios. Another example: $4 million the question of whether she voted for judiciary; but again, that is not the in legal fees and 33-cent checks distrib- extending those health benefits? case. Some of the sponsors of this bill uted to hurting families, not even cov- Mr. FROST. Mr. Speaker, I believe regularly come to the well and rail ering the postage for turning in their the gentlewoman’s time has expired. against judicial activism by ‘‘unelected application to be members of the class. Ms. PRYCE of Ohio. Mr. Speaker, I Federal judges.’’ The benefits of the legislation on the was just curious as to whether the gen- Now, a while back, these same Mem- floor today are truly targeted to bene- tlewoman was in favor of her constitu- bers were on the floor attempting to fiting working and aggrieved Ameri- ents and voted as such when she had pass a bill, and I am sure some of the cans. Requiring that all class notices the opportunity. Members here remember it, called the and settlement notices be in plain Ms. PELOSI. Mr. Speaker, I would be Judicial Reform Act, which would have English is one of the requirements of pleased to answer on the gentle- prohibited Federal judges from order- this bill, and ensuring that attorneys’ woman’s time. ing a State or local government to fees in class actions are based on a rea- Mr. FROST. Mr. Speaker, I yield 6 obey Federal environmental protec- sonable percentage and provide protec- minutes to the gentleman from Massa- tion, civil rights, or other laws if doing tion against loss by class members. chusetts (Mr. DELAHUNT). so would cost the States any money. I rise today as a strong conservative Mr. DELAHUNT. Mr. Speaker, I Oh, if hypocrisy were a virtue. Member of this institution, and I must thank the gentleman for yielding me What that bill attempted to do was say to my colleagues that it is a rare this time. to strip the Federal courts of jurisdic- day that I ever thought that I would be I am really becoming more confused tion over violations of Federal law that quoting the Washington Post on the as I listen to this debate. When I first were indisputably within their power

VerDate 11-MAY-2000 02:34 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.019 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H845 and their sphere of authority. What State judges, these out-of-control lowing that date. Millions of Ameri- this bill ironically attempts to do is to State judges. I guess they are distrust- cans have lost their jobs, and many transfer to those same Federal courts ful of some members of their own more are expected to join the ranks of jurisdiction over violations of State party. the unemployed in the future. and local laws that have never been Mr. Speaker, I yield 2 minutes to the Job loss is not only the loss of a pay- within the scope of the Federal courts gentleman from Texas (Mr. SANDLIN). check. It usually means the loss of and their jurisdiction. Mr. SANDLIN. Mr. Speaker, I thank health insurance, as well. These people This is truly Alice in Wonderland: Up the gentleman for yielding to me. need relief immediately, and they will is down, and down is up. So much for Mr. Speaker, we have heard a lot get it from this bill. It is time for the federalism. So much for local control. about the Cheerios cases. Let us look House to do its work and pass legisla- Maybe it is too cynical to suggest at the facts. Basically, the consumers tion to help these people. that the reason for this about-face has had to throw away a box of Cheerios. Let me make clear that a ‘‘no’’ vote more to do with the financial interests They got back their Cheerios and were on the previous question will not stop of powerful American corporations made whole. consideration of the class action bill. A than concern for the appropriate divi- That is not what that litigation was ‘‘no’’ vote will allow the House to get sion of authority between Federal and about; it was about tainted food. The on with this much-needed legislation State courts. Maybe that is too cyn- pesticide applicator is now serving a 5- to provide health care assistance for ical. Because it certainly has nothing year prison sentence for, among other those Americans who have lost their to do with hurting American families, felonies, intentionally altering food jobs and their health insurance. nothing whatsoever. under the Federal Food, Drug, and Cos- However, a ‘‘yes’’ vote on the pre- In any event, Mr. Speaker, we come metic Act; knowing misuse of pes- vious question will prevent the House here today not to praise federalism but ticides under the Federal Insecticide, from taking up this worker-relief bill. to bury it. So its demise has been slow Fungicide, and Rodenticide Act, and Mr. Speaker, I urge a ‘‘no’’ vote on and agonizing, and I guess this bill other matters. the previous question, and I ask unani- mous consent that the text of the gives it the proper burial it does not The litigation is really between in- amendment be printed in the RECORD deserve. surance companies and big fees by in- Ms. PRYCE of Ohio. Mr. Speaker, I surance company lawyers. The policy- immediately before the vote on the yield 30 seconds to my good friend, the holders of the insurance company, its previous question. The SPEAKER pro tempore (Mr. gentleman from Virginia (Mr. GOOD- general liability insurance company, SIMPSON). Is there objection to the re- LATTE), the author of this legislation. denied a claim. They both asserted quest of the gentleman from Texas? Mr. GOODLATTE. Mr. Speaker, the that the loss was not covered; but if it There was no objection. gentleman from Massachusetts has was covered, it was covered by the The amendment referred to is as fol- turned federalism and States’ rights on other insurance company. lows: their heads. This bill is about pro- As a result, the pleadings have been At the end of the resolution add the fol- tecting the rights of States. It is abso- placed in the court’s vault. The name lowing new sections: lutely wrong in a nationwide class ac- of the parties, the insurance companies SEC. . Notwithstanding any other provi- tion lawsuit for one party to be able to and the parties, have been removed sion in this resolution, immediately after pick one State court judge in one State from the pleadings, and even from the disposition of the bill H.R. 2341, the Speaker and have them come in and have them docket. shall declare the House resolved into the decide the law of the other 49 States; More amazing, both parties in that Committee of the Whole House on the state of the Union for consideration of the bill plus, this bill gives complete discretion litigation were given pseudo names. (H.R. 3341) to provide a short-term enhanced to the trial judge to remand to the The name of that suit has been re- safety net for Americans losing their jobs State courts those cases that the judge named ABC v. DEF. That is not litiga- and to provide our Nation’s economy with a feels are truly State court matters, and tion among class members; that is not necessary boost. The first reading of the bill State court matters that are exclu- fees by class attorneys. That is litiga- shall be dispensed with. All points of order sively in one jurisdiction cannot be re- tion between insurance companies and against consideration of the bill are waived. moved. This is not about States’ rights big fees by insurance defense attor- General debate shall be confined to the bill unless Members look at it from our neys. and shall not exceed one hour equally di- If Members want to have true limits, vided and controlled by the chairman and standpoint. ranking minority member of the Committee Mr. FROST. Mr. Speaker, I yield 30 limit that. Limit the fees charged by on Ways and Means. After general debate the seconds to the gentleman from Massa- the insurance defense attorneys. Limit bill shall be considered for amendment under chusetts (Mr. DELAHUNT). litigation among corporations. Do not the five-minute rule. The bill shall be consid- Mr. DELAHUNT. Now I am really take away rights from consumers in ered as read. At the conclusion of consider- confused, Mr. Speaker, maybe the gen- America. Do not give additional pro- ation of the bill for amendment the Com- tleman from Texas can explain to me tections to corporate wrongdoers. mittee shall rise and report the bill to the why the National Council of State Leg- The problem is right there in the House with such amendments as may have islatures have registered their opposi- Cheerios case, but they did not identify been adopted. The previous question shall be considered as ordered on the bill and amend- tion to this bill. Maybe they have given the right problem. ments thereto to final passage without inter- up on the 10th amendment, also. Mr. FROST. Mr. Speaker, I yield my- vening motion except one motion to recom- Mr. FROST. Mr. Speaker, I yield my- self the balance of my time. mit with or without instructions. self 1 minute. Mr. Speaker, if the previous question SEC. . If the Committee of the Whole rises Mr. Speaker, again, as I mentioned is defeated, I will offer an amendment and reports that it has come to no resolution earlier, I find this all somewhat puz- to the rule. My amendment will pro- on the bill H.R. 2341 or H.R. 3341, then on the zling. My friends on the other side rail vide that immediately after the House next legislative day the House shall, imme- against these State judges. They think passes the class action bill, it will take diately after the third daily order of business under clause 1 of rule XIV, resolve into the these State judges are out of control. up the Putting Americans First Act, Committee of the Whole for further consider- In my State of Texas, we elect our which will provide meaningful health ation of that bill. State judges. In our largest county, care relief for unemployed workers. Ms. PRYCE of Ohio. Mr. Speaker, I Harris County, they are all Repub- My amendment provides that the bill yield myself the balance of my time. licans. In our second largest county, will be considered under an open I have to say that I agree with some Dallas County, they are all Repub- amendment process so that all Mem- of the points made today. licans. In Tarrant County, where Fort bers will be able to fully debate and I agree with my friend, the gen- Worth is located, they are all Repub- offer amendments to this critical bill. tleman from Texas (Mr. FROST), that licans. Every member of our State su- Mr. Speaker, this week marked the we should be providing health care for preme court, who is also elected, is a 6th-month anniversary of the tragic unemployed workers. That is why most Republican. events of September 11. Our economy people on this side of the aisle voted to I do not understand what the Mem- was already in decline before the event, do that at least twice over the last few bers on the other side have to fear from and became even more troubled fol- weeks.

VerDate 11-MAY-2000 02:34 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.022 pfrm01 PsN: H13PT1 H846 CONGRESSIONAL RECORD — HOUSE March 13, 2002 I also agree that there is a huge va- Hart Mica Shadegg Roemer Skelton Towns Hastings (WA) Miller, Dan Shaw Ross Slaughter Turner cancy rate on our Federal bench. I urge Hayes Miller, Gary Shays Rothman Smith (WA) Udall (CO) my friends to urge their friends in the Hayworth Miller, Jeff Sherwood Roybal-Allard Snyder Udall (NM) other body to get their work done and Hefley Moran (KS) Shimkus Rush Solis Velazquez act on these nominees. Herger Moran (VA) Shuster Sabo Spratt Visclosky Hilleary Morella Simmons Sanchez Stark Waters I agree that there was greed at Hobson Myrick Simpson Sanders Strickland Watson (CA) Enron. This makes our point, Mr. Hoekstra Nethercutt Skeen Sandlin Stupak Watt (NC) Speaker. Together, three top company Horn Ney Smith (MI) Sawyer Tanner Waxman Hostettler Northup Smith (NJ) Schakowsky Tauscher Weiner executives are accused of bilking Houghton Nussle Smith (TX) Schiff Taylor (MS) Wexler shareholders of $198 million. Hulshof Osborne Souder Scott Thompson (CA) Woolsey Yet, for all the alleged greed, the Hunter Ose Stearns Serrano Thompson (MS) Wu wrongdoing of these three executives is Hyde Otter Stenholm Sherman Thurman Wynn Isakson Oxley Stump Shows Tierney far outweighed by what the lawyers Issa Paul Sullivan stand to reap. According to news re- Istook Pence Sununu NOT VOTING—15 ports, Arthur Andersen made a preemp- Jenkins Peterson (PA) Sweeney Barrett Cubin Norwood tive settlement offer to Enron share- Johnson (CT) Petri Tancredo Barton Davis (IL) Ortiz Johnson (IL) Pickering Tauzin Bentsen Eshoo Radanovich holders in the amount of $750 million. Johnson, Sam Pitts Taylor (NC) Blagojevich Graham Traficant At the standard 32 percent contingency Jones (NC) Platts Terry Burton Hinojosa Young (FL) fee, this would work out to a $225 mil- Keller Pombo Thomas Kelly Portman Thornberry b 1219 lion share of that sum going to the Kennedy (MN) Pryce (OH) Thune Ms. SLAUGHTER, and Messrs. lawyers. That truly is bilking the Kerns Putnam Tiahrt shareholders. King (NY) Quinn Tiberi FORD, PASCRELL, NEAL of Massa- Mr. Speaker, I just want to thank my Kingston Ramstad Toomey chusetts, RUSH, and Mr. DAVIS of Kirk Regula Upton Florida changed their vote from ‘‘yea’’ colleague, the gentleman from Virginia Knollenberg Rehberg Vitter to ‘‘nay.’’ (Mr. GOODLATTE), for all his hard work Kolbe Reynolds Walden and dedication to reforming our civil LaHood Riley Walsh So the previous question was ordered. Latham Rogers (KY) Wamp justice system to work for the parties The result of the vote was announced LaTourette Rogers (MI) Watkins (OK) as above recorded. and not for the lawyers. Leach Rohrabacher Watts (OK) Mr. Speaker, I yield back the balance Lewis (CA) Ros-Lehtinen Weldon (FL) The SPEAKER pro tempore (Mr. Weldon (PA) of my time, and I move the previous Lewis (KY) Roukema SIMPSON). The question is on the reso- Linder Royce Weller lution. question on the resolution. Whitfield LoBiondo Ryan (WI) The resolution was agreed to. The SPEAKER pro tempore. The Lucas (OK) Ryun (KS) Wicker A motion to reconsider was laid on question is on ordering the previous Manzullo Saxton Wilson (NM) McCrery Schaffer Wilson (SC) the table. question. McHugh Schrock Wolf The question was taken; and the McInnis Sensenbrenner Young (AK) f Speaker pro tempore announced that McKeon Sessions MESSAGES FROM THE PRESIDENT the ayes appeared to have it. NAYS—198 Messages in writing from the Presi- Mr. FROST. Mr. Speaker, I object to Abercrombie Etheridge Lofgren dent of the United States were commu- the vote on the ground that a quorum Ackerman Evans Lowey nicated to the House by Ms. Wanda is not present and make the point of Allen Farr Lucas (KY) Evans, one of his secretaries. order that a quorum is not present. Andrews Fattah Luther f The SPEAKER pro tempore. Evi- Baca Filner Lynch Baird Ford Maloney (CT) dently a quorum is not present. Baldacci Frank Maloney (NY) CONTINUATION OF NATIONAL Pursuant to clause 9 of rule XX, the Baldwin Frost Markey EMERGENCY WITH RESPECT TO Chair will reduce to 5 minutes the min- Barcia Gephardt Mascara IRAN—MESSAGE FROM THE Becerra Gonzalez Matheson PRESIDENT OF THE UNITED imum time for electronic voting, if or- Berkley Gordon Matsui dered, on the question of adoption of Berman Green (TX) McCarthy (MO) STATES (H. DOC. NO. 107–197) the resolution. Berry Gutierrez McCarthy (NY) The SPEAKER pro tempore laid be- The Sergeant at Arms will notify ab- Bishop Harman McCollum Blumenauer Hastings (FL) McDermott fore the House the following message sent Members. Bonior Hill McGovern from the President of the United The vote was taken by electronic de- Borski Hilliard McIntyre States; which was read and, together vice, and there were—yeas 221, nays Boswell Hinchey McKinney Brady (PA) Hoeffel McNulty with the accompanying papers, referred 198, not voting 15, as follows: Brown (FL) Holden Meehan to the Committee on International Re- [Roll No. 55] Brown (OH) Holt Meek (FL) lations and ordered to be printed: Capps Honda Meeks (NY) YEAS—221 Capuano Hooley Menendez To the Congress of the United States: Aderholt Cannon English Cardin Hoyer Millender- Section 202(d) of the National Emer- Akin Cantor Everett Carson (IN) Inslee McDonald gencies Act (50 U.S.C. 1622(d)) provides Armey Capito Ferguson Carson (OK) Israel Miller, George Bachus Castle Flake Clay Jackson (IL) Mink for the automatic termination of a na- Baker Chabot Fletcher Clayton Jackson-Lee Mollohan tional emergency unless, prior to the Ballenger Chambliss Foley Clement (TX) Moore anniversary date of its declaration, the Barr Coble Forbes Clyburn Jefferson Murtha President publishes in the Federal Reg- Bartlett Collins Fossella Condit John Nadler Bass Combest Frelinghuysen Conyers Johnson, E.B. Napolitano ister and transmits to the Congress a Bereuter Cooksey Gallegly Costello Jones (OH) Neal notice stating that the emergency is to Biggert Cox Ganske Coyne Kanjorski Oberstar continue in effect beyond the anniver- Bilirakis Crane Gekas Cramer Kaptur Obey Blunt Crenshaw Gibbons Crowley Kennedy (RI) Olver sary date. In accordance with this pro- Boehlert Culberson Gilchrest Cummings Kildee Owens vision, I have sent the enclosed notice, Boehner Cunningham Gillmor Davis (CA) Kilpatrick Pallone stating that the Iran emergency is to Bonilla Davis, Jo Ann Gilman Davis (FL) Kind (WI) Pascrell continue in effect beyond March 15, Bono Davis, Tom Goode DeFazio Kleczka Pastor Boozman Deal Goodlatte DeGette Kucinich Payne 2002, to the Federal Register for publica- Boucher DeLay Goss Delahunt LaFalce Pelosi tion. The most recent notice con- Boyd DeMint Granger DeLauro Lampson Peterson (MN) tinuing this emergency was published Brady (TX) Diaz-Balart Graves Deutsch Langevin Phelps Brown (SC) Doolittle Green (WI) Dicks Lantos Pomeroy in the Federal Register on March 14, 2001 Bryant Dreier Greenwood Dingell Larsen (WA) Price (NC) (66 Fed. Reg. 15013). Burr Duncan Grucci Doggett Larson (CT) Rahall The crisis between the United States Buyer Dunn Gutknecht Dooley Lee Rangel and Iran constituted by the actions and Callahan Ehlers Hall (OH) Doyle Levin Reyes Calvert Ehrlich Hall (TX) Edwards Lewis (GA) Rivers policies of the Government of Iran, in- Camp Emerson Hansen Engel Lipinski Rodriguez cluding its support for international

VerDate 11-MAY-2000 02:34 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.047 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H847 terrorism, efforts to undermine Middle notices, to assure prompt consideration State courthouse in the hopes of a rub- East peace, and acquisition of weapons of interstate class actions, to amend ber stamp settlement. Too often these of mass destruction and the means to title 28, United States Code, to allow settlements result in millions of dol- deliver them, that led to the declara- the application of the principles of lars of attorneys’ fees and a mere pit- tion of a national emergency on March Federal diversity jurisdiction to inter- tance or coupons for class members in 15, 1995, has not been resolved. These state class actions, and for other pur- exchange for an agreement not to sue actions and policies are contrary to the poses, with Mr. LINDER in the chair. in the future. interests of the United States in the re- The Clerk read the title of the bill. While these class actions serve no gion and pose a continuing unusual and The CHAIRMAN. Pursuant to the public policy or benefit to class mem- extraordinary threat to the national rule, the bill is considered as having bers, they are an enormous windfall for security, foreign policy, and economy been read the first time. their attorneys. In addition, because of the United States. For these rea- Under the rule, the gentleman from most State and Federal procedural sons, I have determined that it is nec- Wisconsin (Mr. SENSENBRENNER) and rules require the class members affirm- essary to continue the national emer- the gentleman from Michigan (Mr. atively opt out of the lawsuit, there gency declared with respect to Iran and CONYERS) each will control 30 minutes. are many instances where people are maintain in force comprehensive sanc- The Chair recognizes the gentleman dragged into class actions and do not tions against Iran to respond to this from Wisconsin (Mr. SENSENBRENNER). know how to get out. The only avail- threat. Mr. SENSENBRENNER. Mr. Chair- able advice is supposedly contained in GEORGE W. BUSH. man, I yield myself such time as I may extremely complicated class action no- THE WHITE HOUSE, March 13, 2002. consume. tices. Mr. Chairman, this system does f Mr. Chairman, I rise in strong sup- not protect the interests of class mem- port of H.R. 2341, the Class Action Fair- bers. PERIODIC REPORT ON NATIONAL ness Act of 2002. Last August, The While case after case demonstrates EMERGENCY WITH RESPECT TO Washington Post Editorial Board wrote how greedy attorneys use abusive class IRAN—MESSAGE FROM THE that ‘‘no portion of the American civil action settlements to game the system PRESIDENT OF THE UNITED justice system is more of a mess than at the expense of their clients, this bill STATES (H. DOC. NO. 107–188) the world of class actions. None is in provides long-needed protections to The SPEAKER pro tempore laid be- more desperate need of policymakers’ prevent this from happening in the fu- fore the House the following message attention.’’ ture. A consumer class action bill of from the President of the United Mr. Chairman, the Post almost got it rights would prohibit the payment of States; which was read and, together right, except that the world of class ac- bounties to class representatives, bar with the accompanying papers, referred tion litigation is not a mess, it is a the approval of unreasonable net-loss to the Committee on International Re- joke. The examples speak for them- settlements, and establish a plain- lations and ordered to be printed: selves: English requirement for settlement no- To the Congress of the United States: An airline price-fixing settlement tices which clarify class members’ As required by section 401(c) of the produced $16 million in attorneys’ fees rights. Additionally, H.R. 2341 would National Emergencies Act, 50 U.S.C. that only provided a $25 credit for class require greater scrutiny of coupon set- 1641(c), section 204(c) of the Inter- members, if they purchased an addi- tlements and settlements involving national Emergency Economic Powers tional airline ticket for more than $250. out-of-state class members. Act, 50 U.S.C. 1703(c), and section 505(c) The Bank of Boston accounting set- With the filing of State court class of the International Security and De- tlement, which resulted in $8.5 million actions having increased a thousand velopment Cooperation Act of 1985, 22 in attorneys’ fees but actually cost percent over the last 10 years, the cur- U.S.C. 2349aa–9(c), I transmit herewith class members around $80 apiece. And rent system has transformed certain a 6-month periodic report prepared by if that was not bad enough, the plain- State courts into the epicenter for my Administration on the national tiffs’ attorneys in this settlement actu- class action abuse. It is widely known emergency with respect to Iran that ally sued the class members for an ad- that there are a handful of State courts was declared in Executive Order 12957 ditional $25 million. notorious for processing even the most of March 15, 1995. In Mississippi, an asbestos settle- speculative of class actions. These GEORGE W. BUSH. ment rewarded class members from courts end up rendering judgments THE WHITE HOUSE, March 13, 2002. Mississippi as much as 18 times more that make national law and bind peo- than class members from other States. f ple from all 50 States. This is exactly In another case, a class action settle- what diversity jurisdiction in our Fed- CLASS ACTION FAIRNESS ACT OF ment against Cheerios over food addi- eral courts was intended to prevent. 2002 tives produced $2 million in attorneys’ The bill would rectify this situation The SPEAKER pro tempore. Pursu- fees and class members only received by updating antiquated Federal juris- ant to House Resolution 367 and rule coupons for more Cheerios. dictional rules and providing our Fed- XVIII, the Chair declares the House in While these settlements are a dis- eral courts with jurisdiction over large the Committee of the Whole House on grace to the American legal system, interstate class actions. Currently, the the State of the Union for the consider- H.R. 2341 takes important steps to re- Federal Rules provide Federal court ju- ation of the bill, H.R. 2341. store its dignity. First, it would imple- risdiction for disputes dealing with ment necessary safeguards against Federal laws and disputes based upon b 1220 these and other unwieldy settlements complete diversity. That means that IN THE COMMITTEE OF THE WHOLE that give lawyers millions of dollars in all plaintiffs and defendants are resi- Accordingly, the House resolved fees and individual class members a dents of different States and that every itself into the Committee of the Whole small fraction of any settlement or plaintiff’s claim is valued at $75,000 or House on the State of the Union for the award. Secondly, it would expand Fed- more. As a result, Federal courts have consideration of the bill (H.R. 2341) to eral diversity jurisdiction over inter- jurisdiction over lawsuits between peo- amend the procedures that apply to state class actions to help curb the se- ple from two different States for just consideration of interstate class ac- rious abuses that continue to take an over $75,000 but do not have jurisdic- tions to assure fairer outcomes for enormous toll on our society. tion for national class actions worth class members and defendants, to out- A quick examination of the class ac- billions of dollars. Instead, these mas- law certain practices that provide inad- tion world reveals that the scales of sive lawsuits are being processed in equate settlements for class members, justice are unable to balance the inter- various county courts throughout the to assure that attorneys do not receive ests of class action lawyers and their country. a disproportionate amount of settle- clients. Currently, attorneys lump The bill establishes a new minimal ments at the expense of class members, thousands and sometimes millions of diversity standard for class actions, re- to provide for clearer and simpler in- speculative claims into one class ac- quiring that any plaintiff and any de- formation in class action settlement tion and then race to any available fendant are residents of different

VerDate 11-MAY-2000 02:34 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.008 pfrm01 PsN: H13PT1 H848 CONGRESSIONAL RECORD — HOUSE March 13, 2002 States and that the aggregate of all renders virtually any controversy sub- changes’’ will do great damage to claims is at least $2 million. While the ject to certification as a class action. groups of consumers who, in trying to bill does not require that all interstate In such an environment, defendants bring action against corporate defend- class actions be filed in Federal court, and even plaintiff class members are ants, would be forced either to bring those that do satisfy this minimal di- routinely denied their range of normal individual suits or to remove them- versity requirement may be removed to rights as there is a rush to certify selves to a Federal docket for reasons Federal court. However, the bill also classes and then a rush to settle the that are not quite clear to most of us excludes class actions dealing with one cases. that are not happy about the bill. State, that are against a State, or con- Plaintiffs suffer a range of horrors. In Some of these notions are not in the sist of less than 100 class members, and order to prevent removal of the case to public interest. all securities and corporate governance Federal court, the amount sued for is I hope that, first of all, everybody litigation. sometimes kept artificially below the voting on this bill will not think that Mr. Chairman, the Federal court is $75,000 Federal jurisdictional amount this is a consumer-supported bill. It is where these cases belong. The Federal even if individual plaintiffs would be opposed by consumer organizations and courts are equipped and practiced in entitled to recover more. would clearly be damaging to con- handling complex, interstate cases, un- In another effort to avoid removal to sumers trying to get into the court. like many of the county courts that Federal court, the class action com- PUBLIC CITIZEN, have been the source of rampant class plaint will sometimes not assert Fed- Washington, DC, March 5, 2002. eral causes of action that could legiti- Hon. JAMES SENSENBRENNER, action abuse. In addition, Federal Hon. JOHN CONYERS, Jr., courts are trained to balance various mately be raised, denying plaintiffs an Committee on the Judiciary, House of Rep- State laws in similar complex legisla- opportunity for these Federal claims to resentatives, Washington, DC. tion. This Congress has already en- be heard. Re H.R. 2341, Class Action Fairness Act. dorsed this notion when it designated a Sometimes in the settlement of these DEAR CHAIRMAN SENSENBRENNER AND RANK- single Federal district court to resolve cases, the plaintiffs get coupons while ING MEMBER CONYERS: We are writing to all litigation relating to the September their lawyers receive millions. And in comment on H.R. 2341 relating to class ac- 11 attacks and possible future litiga- at least one case, the plaintiff class tions. This bill would give the federal courts tion under the terrorism reinsurance members at the end of the settlement jurisdiction over most class action lawsuits, had a debit of $91 posted to their mort- and add a ‘‘Consumer Bill of Rights’’ for legislation. members of a class. Finally, Mr. Chairman, it is impor- gage escrow account while their law- Public Citizen has a long history of work- tant to note that the cost of class ac- yers received $8.5 million for their ing to make class actions fairer and more tion abuses are not limited to the par- services. The plaintiffs had a net loss beneficial to plaintiffs. We have participated ties of these settlements. They are because of the suit. They were worse in nearly forty cases to advocate for more shared by the American consumer. Be- off after the class action than before it equitable settlement terms for consumers, oppose excessive attorneys fees, and ensure cause potential liability of a class ac- was filed. Our legislation addresses these prob- that the class action vehicle is not weak- tion is so enormous and unpredictable ened. For the reasons stated in our testi- under the current system, most defend- lems by permitting cases that are truly mony on an earlier version of this bill, which ants are willing to settle regardless of national in scope to be removed to the is attached, we strongly oppose this bill. We the merit. The cost is then passed off Federal courts even if the diversity of ask that you include these comments and to the consumer in the form of higher citizenship requirements of current law our earlier testimony in the hearing record. prices for goods and services. This bur- are not strictly met. Instead, we look THE IMPORTANCE OF CLASS ACTIONS dens the American economy and cre- to the center of gravity of the case. Proponents of this bill have expressed con- ates unneeded threats against Amer- The target of these cases is usually a cerns that businesses are being unfairly tar- ica’s ingenuity. large out-of-State corporation. The geted by class action litigation. We recog- nize that most businesses are working hard Also, Mr. Chairman, these lawsuits plaintiffs are usually consumers who reside in many States. These cases are to provide good products to American con- pose a threat to the security of Amer- sumers. But the fact is that many of the ica’s retirement plans. While class ac- national in character and our bill business enterprises that are being sued are tion liability can be enormous, news of would permit removal to Federal court really no different from the old-fashioned these lawsuits on Wall Street can drive even if a local defendant has been sued flim-flam men, taking the corporate guise down a particular stock by as much as for the purpose of destroying complete for the legitimacy it bestows, and also for its 8 to 10 points in a day. For someone de- diversity of citizenship. insulation from liability. This is illustrated best by the tremendous pending upon a steady return on their Our reform is truly modest. The pro- cedural remedy it contains narrowly problem of predatory lending. There are invested retirement plan, this drop lenders who pay bribes and kickbacks to should be extremely alarming. addresses a broad procedural abuse. I mortgage brokers, to induce them to sell out am pleased this afternoon to urge its 1230 their clients and sign them up for higher b passage by the House. rather than lower interest rate loans. There The bottom line is that H.R. 2341 is a Mr. CONYERS. Mr. Chairman, I yield are mortgage companies accepting kick- common-sense approach to promote myself such time as I may consume. backs from overpriced title insurance com- national litigation efficiency and fair- My friend from Virginia has sug- panies. There is also nickel-and-dime chis- ness to all potential plaintiffs. I urge gested, I thought I heard him say that eling, turning $85 recording fees into $100 re- cording fees, $325 appraisal fees into $500 ap- my colleagues to support this legisla- this is a consumer-friendly piece of leg- praisal fees, and the like. There are $10,000 tion. islation. In the interest of all the Mem- credit life insurance policies being packed on Mr. Chairman, I reserve the balance bers knowing about the objections to to loans, which have little if any value to the of my time. this bill, I bring to them communica- consumer. The defendants in most class ac- Mr. CONYERS. Mr. Chairman, I yield tions from the Consumer Federation of tions are not acting like legitimate busi- 3 minutes to the gentleman from Vir- America, which urges that we oppose nesses, but are simply fast-buck artists and ginia (Mr. BOUCHER), although he is not the measure, indicating that this bill con men. In other cases, the businesses are legiti- opposed to the action but supports this will create numerous barriers to par- mate and are trying to provide valuable serv- bill, and we on this side do not. ticipating in class actions by permit- ices, but corner-cutting or overreaching has (Mr. BOUCHER asked and was given ting defendants to remove most State prevailed. These problems may be caused by permission to revise and extend his re- class action suits to Federal court and ambitious individual managers, a bean- marks.) will clog the already-crowded Federal counter mentality, a chainsaw-CEO, Mr. BOUCHER. Mr. Chairman, I court system. groupthink, or just plain greed. As the Enron thank the gentleman from Michigan In addition, we have a letter from scandal has demonstrated, in some cases you for yielding me this time. Public Citizen sent to myself and the find that the moral compass has failed. In many of these cases, it is only the class Cases that are truly national in scope gentleman from Wisconsin (Mr. SEN- action lawsuit that can protect the victim. are being filed as State class actions SENBRENNER) which writes to comment In some instances, the amount of money sto- before certain judges who employ an about the importance of class actions len is too small on a per-person basis to sup- almost ‘‘anything goes’’ approach that and how these so-called ‘‘procedural port an individual lawsuit; in others, there

VerDate 11-MAY-2000 02:34 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.072 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H849 are vulnerable, unsophisticated consumers, over ‘‘refund anticipation loans.’’ The attor- As an organization that vigorously opposes who are unable to recognize that they have neys intervening to stop the settlement al- abusive class action settlements, we can been fleeced. The class action device permits lege that the plaintiff’s attorneys accepted a only conclude from H.R. 2341 that the busi- aggregation of cases and a more efficient dis- mere $25 million in return for releasing a na- ness community wants this legislation not position of claims. tionwide class’ claims worth a billion dol- to end such practices, but because they per- FEDERALISM AND CLASS ACTIONS lars. We have no way of knowing the actual ceive an advantage to defending class ac- tions in federal court. We urge you not to When Congress perceives a problem in an value of the claims, but the incident leaves one important question unanswered: If it is move forward with this bill. area that is traditionally handled by state Sincerely, and local government, it has five legislative true that federal judges are more likely to JOAN CLAYBROOK, options. You can provide (1) grants or (2) give close scrutiny to settlements, why did the defendants choose to settle a federal President, Public Cit- technical assistance to state and local gov- izen. ernments to help them solve the problem; (3) court case rather than one of six identical state court cases? If the premises underlying FRANK CLEMENTE, you can exercise concurrent jurisdiction; (4) Director, Public Citi- you can mandate state and local compliance this bill are correct, shouldn’t they have set- tled one of the state court cases instead? The zen’s Congress with your standards; or (5) you can pre-empt Watch. state law with federal law. fact that the federal judge here had law Obviously, as you move down this list, you clerks did not deter this settlement. Mr. Chairman, I reserve the balance Moreover, we note also that the RAND In- are usurping local control to increasingly of my time. stitute’s report was very clear in finding no greater degrees. So it seems odd that here, Mr. SENSENBRENNER. Mr. Chair- empirical evidence to support the argument broad federal preemption has been the first man, I yield 4 minutes to the gen- that federal judges are better able to manage impulse, rather than the last resort, of those tleman from Virginia (Mr. GOODLATTE) class actions than state judges. Public Citi- who suggest that class action changes are zen’s own experience shows that federal who is the author of the bill. needed. judges can err just as often in approving abu- Mr. GOODLATTE. Mr. Chairman, I We believe that this issue calls for the sive settlements. thank the gentleman from Wisconsin least onerous federal intervention, for a PROCEDURAL CHANGES for yielding me this time and for his number of reasons. leadership in bringing this legislation First, proponents of the legislation have H.R. 2341 also contains several ‘‘Consumer argued that some rural counties in a few Bill of Rights’’ provisions. Some of these forward. states have become magnets for class actions ideas have merit and some plainly do not. I was pleased to introduce this legis- and invite abuse. If that is the case, the ap- However, we believe Congress should refrain lation along with the gentleman from propriate response is at the state level, not from making adjustments to Rule 23 and Virginia (Mr. BOUCHER). This much- in Washington. Responding to due process leave such changes to the federal judiciary’s needed bipartisan legislation corrects a and forum shopping concerns expressed by Advisory Committee on Civil Rules. The serious flaw in our Federal jurisdiction corporate defendants, the Alabama Supreme Rules Advisory Committee consists of statutes. At present, those statutes for- Court acted to abolish the practice of ex judges, academics, and practicing lawyers bid our Federal courts from hearing parte certifications of class actions. We are who are among the nation’s top experts on most interstate class actions, the law- civil procedure. Pursuant to the Rules Ena- confident that any local problems will be re- suits that involve more money and solved by state governments. bling Act, the Advisory Committee is em- Second, the basic premise behind the bill, powered to review the current rules, study touch more Americans than virtually that federal judges are ‘‘better equipped’’ to problems, and propose amendments. The Ad- any other litigation pending in our monitor cases (to quote Senator Grassley) visory Committee solicits and carefully con- legal system. and ‘‘likely to give closer scrutiny’’ to set- siders input from the bar and from interest Class actions of national importance tlements (in the words of Senator Kohl) is groups in formulating changes. should be heard in Federal court by a untrue. Class actions have been the subject of their Federal judge, not by a State or county With regard to the ‘‘better equipped’’ prop- attention in recent months, and they are court judge in one region of the coun- osition, it is argued that federal judges have currently considering extensive changes to try. Why? Because the plaintiffs’ attor- more ‘‘complex litigation experience’’ than Rule 23. We respect the expertise that the neys choose from a very select number state judges. In fact, less than 1 percent of Congress and its Judiciary Committees have on civil procedure matters. Nonetheless, we of courts around the country where the the federal courts’ caseload is class actions. judges are known to be very favorable Moreover, of the 2,393 class actions filed in feel that these contentious issues are best re- the entire federal system in 2000, only 321 in- solved outside the heated political process. to class action lawsuits. volved state law claims. The vast majority of FINDING A SOLUTION Let me cite on example of a class ac- the cases involved uniquely federal law ques- Sound congressional policymaking must tion horror story. After being named in tions, such as securities, civil rights, or anti- take account of the advantages and dis- 23 class action lawsuits, Blockbuster trust. Only 105 of the cases involved con- advantages of our federal system. Achieving agreed to provide class members with sumer fraud-type claims, which are the good federalism means understanding the only $1-off coupons, buy-one-get-one- mainstay of state court class actions. That’s competing values of local control and na- free coupons and free Blockbuster Fa- about one consumer fraud claim per federal tional uniformity, and striking the appro- vorites video rentals. Attorneys are re- district, not per judge. If a federal judge has priate balance between these values in indi- ported to receive around $9.2 million in experience with this sort of class action, it is vidual policy areas. attorneys’ fees. probably because he or she was a state court Unfortunately, the dispersion of authority Cheerios, the gentleman from Wis- judge before elevation to the federal bench. among 50 states can sometimes create per- The authors of this bill acknowledge that verse incentives. The reverse-auction phe- consin mentioned this recently, with- certain state court judges have expertise in nomenon in overlapping class actions is an out any allegation of any harm to any particular areas—the bill makes an excep- example of this. Narrowly tailored federal of the plaintiffs in the case related to tion for corporate governance cases to be legislation could fix this problem without the ingredients of a box of Cheerios, heard in Delaware. We believe that expertise upsetting the delicate state/national balance the case was settled. For what? The op- among state judges is not limited to Dela- by bringing most state class actions into fed- portunity for the customers to go out ware chancery judges. The state court bench eral court. But that in no way resembles the and get another box of Cheerios while in Arizona is perhaps the most innovative in legislation that the sponsors of H.R. 2341 their attorneys got $2 million. the nation, and has been at the forefront of have proposed. This is one of my favorites. In this reforms that have spread to other states and Another avenue to explore is RAND’s sug- to the federal system. In responding to hor- gestion that one way to improve judicial case against Chase Manhattan Bank, ror stories from a few rural counties, this scrutiny would be to allow judges to seek as- the trial lawyers took $4 million in at- bill could take cases away from well-quali- sistance from neutral experts and auditors to torneys’ fees and the plaintiffs in the fied state judges in places like Phoenix or assess the value of settlements. Congress case got, you can read it here, 33 cents. Chicago. could use its spending power to assist judges, If you cannot read it, we will blow it up As to the claim that federal judges would both state and federal, by increasing the re- for you, 33 cents, while the plaintiffs’ do a better job scrutinizing class action set- sources available to them to manage class attorneys got $4 million in attorneys’ tlements, we believe that is, unfortunately, actions. A grant program through which in- fees. What does that amount to? not true. A number of attorneys have alleged dividual courts could secure funding for neu- There is a catch actually for getting that a federal judge in Chicago recently ap- tral experts and special masters would exem- proved an unfair ‘‘reverse auction’’ settle- plify cooperative, rather than coercive fed- your 33 cents. Because it took a 34-cent ment, whereby defendants settled with plain- eralism. Such a program could be adminis- postage stamp to mail in the accept- tiffs’ firm that accepted the least benefits tered by the Justice Department, the Na- ance of the settlement. So actually you for the class members. This case involved tional Center for State Courts, or the Ad- came up a penny short. But the trial competing state and federal class actions ministrative Office of the U.S. Courts. lawyers did not. 4 million bucks.

VerDate 11-MAY-2000 03:52 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.021 pfrm01 PsN: H13PT1 H850 CONGRESSIONAL RECORD — HOUSE March 13, 2002 The Washington Post has it exactly ployees, those who are trying to recon- York. If you had some far-reaching op- right: ‘‘Having invented a client, the struct Enron know one thing: Cor- portunity for some person by chance to lawyers also get to choose a court. porate responsibility is a key element either have moved to another State Under the current absurd rules, na- to moving this country forward and re- and then you put it in Federal court, tional class actions can be filed in just investing, if you will, reestablishing you are, therefore, denying equity, if about any court in the country. The our faith in the corporate structure you will, and the use of common law. lawyers cash in while the clients get here in America. We do not have that This is a bad legislative initiative. I coupons for product upgrades. It is a now. would ask my colleagues to defeat this, bad system, one that irrationally taxes What is so insulting by this legisla- but I would ask them to likewise con- companies in a fashion all but unre- tion is that this legislation will move a sider our amendments that we will lated to the harm their products do and class action lawsuit from the State offer. that provides nothing resembling jus- courts on the basis of partial diversity. Mr. Chairman, Chairman SENSENBRENNER tice to victims of actual corporate mis- That means that we could have 400 and Ranking Member CONYERS. I oppose this conduct.’’ Texans in the local State court, famili- legislation, H.R. 2341, for several policy rea- The Rocky Mountain News put it arity, the ability to access the court, sons. even more to the point: and one person from Chicago, Illinois, My colleagues on the other side of the aisle ‘‘Your lawyers have one more sur- and we have to go into the Federal have always held that States should be given prise for you after they bring these court. the opportunity to decide for their own citizens suits. You aren’t eligible for the full Everyone knows that the Federal what is best for them—keep the Federal gov- settlement unless you also agree to courts are far more burdensome with ernment out of their business as much as pos- spend some of your own money on their rules, far more complex and far sible. But H.R. 2341 goes against Republican those stores’ products.’’ That is exactly more difficult for those plaintiffs who philosophy and broadens Federal jurisdiction what happened in the Blockbuster case. have less resources to be able to access over state class action lawsuits. In fact, it is That is exactly what happened in the justice. And so I am a little shocked clear that in light of events such as asbestos, airline case where the plaintiffs got a and surprised when this Congress has the Love Canal, and tobacco disasters, and $25 coupon against a more-than-$250 had any number of hearings on cor- now, Enron, this bill benefits, not consumers, airline ticket. porate irresponsibility, and now we but large corporate interests. In other words, you must reward the bring to the floor of the House, on a Class actions were initially created in state company that supposedly swindled you fast track, legislation that will not courts based on equity and common law. in order for it to be punished. It makes help. They permit one or more parties to file a com- absolutely no sense except to the trial When we who oppose this bill simply plaint on behalf of themselves and all other lawyer taking a very large attorney’s asked for information, data, to show us people who are ‘‘similarly situated’’ (suffering fee. that we are log-jamming the courts, no from the same problem). A class action is The Washington Post sums it all up one could provide that. I can assure often used when a large number of people with this statement: you our overburdened Federal courts have comparable claims. They are an efficient ‘‘That it is controversial at all re- with empty seats all across the coun- means of seeking justice for a large group of flects less on its merit,’’ referring to try, drug cases beyond their ability to people. this legislation, ‘‘as a proposal than on handle, cannot handle any more legis- Class actions to help bring justice for many the grip that the trial lawyers have on lation. people—the innocent victims. Historically, many Democrats.’’ This does not make any sense. That class actions were brought against huge cor- I am pleased that many Democrats means those plaintiffs who are in des- porate giants who impact a large percentage are going to vote for this legislation. I perate need of accessing the justice of the population. would invite the rest of them to come system will be standing on a bus line Take asbestos. They used it on ceilings of over and join us to make sure that we waiting and waiting and waiting and gyms and classrooms where our children resolve this inequity where trial law- waiting to get into Federal courts. played and learned. It is of no fault of our chil- yers receive millions of dollars and I would simply argue that we under- dren that they unknowingly contracted cancer. American families receive pennies. stand what these courts and class ac- Someone should be held accountable for That is what this legislation is all tions are supposed to do. We also real- causing irreparable damage, and death, to about. It is designed to make sure that ize that my colleagues on the other these innocent victims. the most complex litigation in the side of the aisle have been large and The paradoxical similarity in all of these country is brought in the court where strong proponents that the State class actions is that the corporate giant was it belongs. should be given the opportunity to de- unaware that their actions could cause cancer. Vote for this legislation. cide for their own citizens what is best Evidence during litigation showed that the to- Mr. CONYERS. Mr. Chairman, I am for them, keep the Federal Government bacco giants were aware that nicotine was ad- pleased to yield 31⁄2 minutes to the dis- out of their business as much as pos- dictive and caused cancer. tinguished gentlewoman from Texas sible. It is no different with Enron. The loyal em- (Ms. JACKSON-LEE), a member of the But H.R. 2341 goes against Repub- ployees of Enron that were terminated lost Committee on the Judiciary. lican philosophy and broadens Federal their life savings, their retirement, their child’s (Ms. JACKSON-LEE of Texas asked jurisdiction over State class action college tuition, their second honeymoon, their and was given permission to revise and lawsuits. In fact, it is clear that in first home. Top executives were aware alleg- extend her remarks.) light of events such as asbestos, the edly of their spiraling financial situation and Ms. JACKSON-LEE of Texas. Mr. Love Canal and tobacco disasters, and yet misrepresented themselves, or had their Chairman, I thank the distinguished now Enron, this bill benefits not con- accounting firm do so, to their stockholders— gentleman for yielding me this time. sumers but large corporate interests. their employees. I would offer to say to my good friend I would ask my colleagues and I The allegedly barred these employees from and colleague from Virginia, if we would ask this House, let us pause for selling their shares, while at the same time, al- wanted to address the question of at- a moment and understand the message lowing only top executives to sell any shares torneys’ fees, then why do we not legis- that we are sending to America. Amer- they wanted to. Enron gave out tens of thou- late an attorney’s fee bill on the floor ica now wants corporate responsibility, sands of retention bonuses, while also termi- of the House? That is not what this leg- and we are not doing that. nating the ‘‘rank and file’’. islation is all about. We might have Class actions were initially created I know this because these victims are my some common agreement that there in State courts, based on equity and constituents and I have heard their stories and needs to be some equity in how we as- common law. They permit one or more accounts. If these accounts are true, these sess a formula in those instances. parties to file a complaint on behalf of people have been robbed of savings that they This is clearly a knock against cor- themselves and all other people who were entitled to. porate responsibility. Coming from are similarly situated suffering from A favorable vote on H.R. 2341 would take Houston, Texas, I can assure you, ex- the same problem. Love Canal was ba- away the means by which innocent victims of Enron employees, existing Enron em- sically neighbors who lived in New corporate giants can find justice.

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\K13MR7.033 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H851 As a threshold matter, I believe that before must even prove the defendant’s ‘‘state of been an 8 percent decrease in the num- even considering legislation, Congress should mind,’’ such as fraud or deception, to be in- ber of cases pending in Federal district insist on receiving objective and comprehen- cluded in the initial complaint. courts nationwide. sive data justifying such a dramatic intrusion To meet this criteria is virtually impossible in Meanwhile, civil filings in State trial into state court prerogatives. This legislation most instances that the plaintiff is able to pro- courts have increased 28 percent since potentially damages federal and state court vide this information prior to discovery. If the 1984. In most jurisdictions, each new systems. Expanding federal class action juris- pleading requirements are not met, the judge State court judge is assigned an aver- diction to include most state class actions, as is required to dismiss the plaintiff’s complaint. age of between 1,000 and 2,000 new cases H.R. 2341 does, will certainly result in a sig- Additionally, consumers under H.R. 2341 every year. In contrast, Federal court nificantly increase in the already overtaxed can be expected to have a far more com- judges are assigned an average of fewer workload of our federal courts. For example, it plicated and time consuming problem in trying than 500 cases every year. is no surprise that the 68 judicial vacancies to certify class actions in the federal court sys- I would submit that the opponents of that existed as of February 2, 2002 contrib- tem. Fourteen states, representing some 29% this bill and those who argue about uted to the average federal district court judge of the nation’s population, have adopted dif- Federal caseloads ought to get busy docket backlog of 416 pending civil cases. It ferent criteria for class action rules than Rule and help those approve Federal judges is because of these and other workload prob- 23 of the federal rules of civil procedure. who are waiting. There are over 100 lems that Chief Justice Rehnquist took the im- Consumers may also be disadvantaged by waiting at the moment. That rep- portant step of criticizing Congress for taking the vague terms used in the legislation, such resents about 10 percent of the case- actions which have exacerbated the courts’ as ‘‘substantial majority’’ of plaintiffs, ‘‘primary loads that could be handled in Federal workload problem. defendants,’’ and claims ‘‘primarily’’ governed Court. So on one side, the caseload is too H.R. 2341 also has the ability to significantly by a state’s laws, as they are entirely new and heavy; on the other side, we are not ap- impact state courts. This is because in cases undefined phrases with no precedent in the proving, we are holding up, Federal where the federal court chooses not to certify United States Code or the case law. judges who could help with that case- the state class action, the bill prohibits the Mr. Chairman, this bill is plagued with prob- load. states from using class actions to resolve the lems that cheat consumers of their rights What this has become, as has been underlying state causes of action. under law and under the Constitution. I op- mentioned before, is a racket involving It is important to recall the context in which pose it, and I urge my colleagues to joining invent a client, choose a court, brow- this legislation arises—a class action has been me. beat a company into compliance and filed in state court involving numerous state b 1245 settlement, and then watch the money law claims, each of which if filed separately Mr. SENSENBRENNER. Mr. Chair- roll in. We need to stop this. would not be subject to federal jurisdiction (ei- Mr. Chairman, I would urge my col- ther because the parties are not considered to man, I yield myself 1 minute. Unfortunately, my colleague, the leagues to support the bill. be diverse or the amount in controversy for Mr. CONYERS. Mr. Chairman, I yield gentlewoman from Texas (Ms. JACK- each claim does not exceed $75,000). 30 seconds to the gentlewoman from SON-LEE), has missed the boat on a lot H.R. 2341 also has the potential to raise se- Texas (Ms. JACKSON-LEE). of the points. First of all, I wonder how rious constitutional issues. For one, it unilater- Ms. JACKSON-LEE of Texas. Mr. her Texas constituents would feel if the ally strips the state courts of their ability to use Chairman, I thank the gentleman for Enron class action lawsuit was filed in the class action procedural device to resolve yielding me time. state law disputes. The courts have previously the Mississippi court that acted like Mr. Chairman, let me say to my dis- indicated that efforts by Congress to dictate the hometown umpire in one class ac- tinguished colleague from Wisconsin such state court procedures implicate impor- tion suit and gave residents of Mis- that the question that he raises does tant Tenth Amendment federalism issues and sissippi who are members of the class not give credence to the fact that the should be avoided. The Supreme court has al- 18 times more recompense than resi- plaintiffs chose where they wanted to ready made clear that state courts are con- dents of other States? I think she file their cases. This legislation bars stitutionally required to provide due process would be the first one to come into this individuals from making the choice as and other fairness protections to the parties in Congress and say that that is an out- to whether or not they are in State class action cases. rage and that we ought to provide the court, because if there is partial diver- It is also important to note that as fears of protection of the Federal court for peo- sity, they are forced to go into Federal local court prejudice have subsided and con- ple who live outside of Mississippi. This courts, which undermines those indi- cerns about diverting federal courts from their bill does that. viduals’ access to justice. core responsibilities increased, the policy trend Secondly, the plaintiffs in the Enron Mr. CONYERS. Mr. Chairman, I yield in recent years has been towards limiting fed- class action lawsuit chose Federal myself such time as I may consume. eral diversity jurisdiction. Court to file their class action law- Mr. Chairman, for the benefit of my Thirdly, as the legislation is currently written, suits. What is the beef? distinguished chairman, the gentleman it assumes a defendant will be automatically Thirdly, because Enron has filed for from Wisconsin (Mr. SENSENBRENNER), subject to prejudice in any state where the bankruptcy, all claims against Enron who referred to the infamous airline corporation is not formally incorporated (typi- are heard in the Federal Bankruptcy cases where the plaintiffs were given cally Delaware) or maintains its principal place Court under the constitutional provi- airline coupons, and he illustrates this of business. In so doing, it can be said the bill sion that the Congress adopts a bank- as really something that is not good, ignores the fact that many large businesses ruptcy law. that we should not do it, that occurred have a substantial commercial presence in Mr. Chairman, I yield 11⁄2 minutes to in a Federal Court. That was a Federal more than one state through factories, busi- the gentleman from Arizona (Mr. district court case that the gentleman ness facilities or employees. FLAKE). I think is trying to use as an argument H.R. 2341 adversely impacts the ability of Mr. FLAKE. Mr. Chairman, I thank against keeping the law the same way consumers and other victims to acquire com- the gentleman for yielding me time. that it is. pensation in cases concerning extensive dam- Mr. Chairman, a lot of Mr. SENSENBRENNER. Mr. Chair- ages. The bill possess the potential to force disinformation is being spread about man, will the gentleman yield? state class actions into federal courts resulting this bill. We heard a bit of it just a Mr. CONYERS. I yield to the gen- in expensive litigation and allowing defendants minute ago when the opponents talked tleman from Wisconsin. to potentially compel plaintiffs to travel dis- about Federal caseload and how that Mr. SENSENBRENNER. The gen- tances to participate in court proceedings. would be increased too much. Well, let tleman from Michigan knows that Essentially, the extensive pleading require- us look at the numbers, and we find a there are several features of the bill. ments of the federal court will virtually make it different story. One involves jurisdiction on where impossible for individuals to bring a class ac- According to the administrative of- cases can be filed and removal of cases tions case. For example, under the bill, individ- fice of the U.S. Courts and the 1998 filed in State court. But there are uals are required to plead with particularity the Court Statistics Project, last year only other provisions that require increased nature of the injuries suffered by class mem- 2,393 class actions were filed in Federal judicial scrutiny of coupon settle- bers in their initial complaints. The plaintiff district courts. Since 1997, there has ments. That would call into play when

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.023 pfrm01 PsN: H13PT1 H852 CONGRESSIONAL RECORD — HOUSE March 13, 2002 you get a coupon to buy more of the the case, somebody from the outside, a large number of people. Unfortunately, product or service that is sold by the member of the class, comes and hijacks there are too many lawyers who have corporation that did it to you. that case and moves it to a Federal abused this tool for their own mone- Mr. CONYERS. Mr. Chairman, I am court. tary profit. pleased to yield 5 minutes to the dis- There is something to me that is ba- Our current system allows cases of tinguished gentleman from North Caro- sically unfair about that. That is what national importance to be heard in lina (Mr. WATT). this bill will allow to happen, one of local courts and allows abuses to take Mr. WATT of North Carolina. Mr. those abuses that I am talking about. place unchecked because of something Chairman, I thank the gentleman for The second point I want to make is called diversity jurisdiction. The yielding me time. that the proponents of this bill are the Framers of the Constitution created di- Mr. Chairman, it is always great to same people who in 1994, 1995, I guess, versity jurisdiction to allow large come to the floor and engage in a de- when they came riding into Congress multi-state lawsuits to be heard in bate with members of the Committee and took the majority, came in talking Federal court. However, when they on the Judiciary, because all of them about that they supported the notion drafted statutes in the 1790s to imple- were good lawyers before they came to of removing things from the Federal ment it, no one foresaw class action Congress, so you know that they will level and returning them to the local lawsuits. No one ever could have try to build their case in the way that level. Decentralized government, they guessed that large multi-state suits they would litigate a case if they were said they believed in. The whole sys- would have been heard in local courts in court, and they will sometimes tem of federalism was in jeopardy, they and it was certainly not their intention fudge the facts and obfuscate and do said, and we needed to return power to to create such a situation so vulnerable whatever is necessary to prove a point. the States. to abuse. We have had a lot of that happening al- So, now, why are we on the floor H.R. 2341, this bill, simply corrects ready. today with a group of people saying to this problem and rationalizes the sys- The gentleman from Virginia (Mr. me, well, this is inefficient and this is tem by updating the law. Class actions GOODLATTE), of course, knows that one too time consuming? of national importance, affecting peo- of the purposes for class action suits is Well, democracy is inefficient and ple all over the country, should be that sometimes the amount that an in- time consuming. Federalism is ineffi- heard in Federal court by a Federal dividual member of the class would cient and time consuming. But we have judge, not by a State or county court gain from that suit is so small that he decided in our Constitution that some judge in one region of the country. No or she cannot afford to litigate it with- things should be done at the State one can rationally say that a large na- out the benefit of putting that claim level and some things should be done at tional class action belongs in local with other claims of other people who the Federal level, and just because we courts. are similarly situated, so the gen- find it convenient to bring something The Washington Post, not the Wash- tleman has done a great job of making into Federal court should not be the ington Times, the Washington Post it appear that the lawyers in the cases rationale on which we do that. said it best in this weekend’s editorial. got disproportionate amounts of money I think the same people who are out It said: ‘‘Nowhere is the need for civil to the members of the class. there giving lip service to States’ justice reform greater than in the high What the gentleman did not tell you rights should not be in here talking stakes arena of class actions where ir- in each of these cases was the total about let us take the whole field of tort rational rules have allowed trial law- amount that was going to the class law and federalize it and put it in the yers to enrich themselves . . . without members in each one of those cases, Federal courts. benefit to the lawyers’ supposed cli- whether they were litigated in State Mr. SENSENBRENNER. Mr. Chair- ents.’’ court or Federal court, and that is the man, I yield myself 30 seconds. primary reason that you have class ac- Mr. Chairman, one of the most in- Clearly there is a serious crisis in our tions. triguing documents, legal documents, court system. Some counties have seen I want to point out a couple of that has arisen in the American con- an increase of over 1,000 percent, be- things. I want to acknowledge that tinent was the Constitution of the Con- cause once a local court shows a will- there are abuses in the class action federacy, which was basically based on ingness to ignore its own State’s rules system, and anybody who gets up here the whole notion of States’ rights. It and constitutional due process, that and tells you that there are not abuses allowed States through their legisla- court and judge becomes a magnet for in the class action system probably tive bodies to nullify decisions made by many national class actions. does not know anything about liti- the Federal courts and their effect Cases heard in State courts have sky- gating cases. The real question, within their boundaries, and even to rocketed, where Federal cases have though, is will this bill eliminate those remove Federal officials like Federal only gone up by about 8 percent. So abuses, or will this bill make it pos- judges and postmasters and the like. that addresses the argument that there sible for other abuses to take place Listening to the gentleman from is not enough time or docket space in that are worse than the abuses that are North Carolina, I think he would have Federal courts. Federal court is where taking place now? I would submit that done quite well in their Congress. these cases belong, because the trial this bill will not eliminate abuses, and Mr. Chairman, I yield 4 minutes to lawyers can have these cases heard in a that the bill will, in fact, add to the the gentleman from Virginia (Mr. hand-picked court the way it works number of abuses in the system. MORAN). now. The one abuse that I think is first Mr. MORAN of Virginia. Mr. Chair- There is gaming of the diversity rules and foremost I talked about in 1999 man, I thank the chairman for yielding to keep these cases in State court just when we first had this bill on the floor. me time and bringing this bill to the by finding one retail outlet or point of This is not the first time this bill has floor, because I was the original spon- sale and one customer in one State. been here. This is the way I described sor of this bill; and I am very appre- That does not make sense. With over it back then. ciative of our colleagues, the gen- 9,000 State and county courts and 50 I practiced law for a number of years tleman from Virginia (Mr. BOUCHER) States to choose from, there is inevi- before I ever got to Congress, and I and the gentleman from Virginia (Mr. tably at least one court that will cer- raised this basic fairness argument. If a GOODLATTE), who have gotten this out tify a class, even in the most egregious plaintiff is injured, he goes and hires a of committee to the floor, because it is class action suits. lawyer. That lawyer cultivates, re- a good bill; and it should be passed, and Actually, it occurs in courts where searches, puts together the case, de- it should be passed in a bipartisan fash- judges are invariably elected; and, cides where the appropriate place to ion. frankly, they are elected with a sub- litigate that case is, spends months The class action device is an impor- stantial amount of trial lawyers’ finan- and months preparing for the case; and tant part of our legal system that al- cial and political support. That is one then, 2 days before he is getting ready lows wrongdoers to be held accountable of the biggest problems we are facing. to go in and start the real processing of for harm they have inflicted upon a These abusive suits brought in hand-

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.037 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H853 picked courts do not compensate vic- ponents. I will give them everything As to the case load, more than 12 per- tims; they do not encourage more re- they are asking for. I will give the pro- cent of our Federal judges are awaiting sponsible corporate behavior. And they ponents everything that they ask for in appointment in the other body right are paid for by consumers with higher this bill, save and except for one thing, now. Help us get our colleagues in the costs of goods and services. and that is moving it to the Federal Senate to appoint President Bush’s system. I will not have a taker. I will b 1300 nominees, and we will easily have the not have a taker, because what this is ability to handle these cases in the ju- Simply put, our current system all about is not giving individual liti- risdiction that was actually created in which governs class actions too often gants choice. What this is all about is our Constitution in article 3 for the works for no one except the lawyers. getting it into the Federal court sys- very purpose of handling diversity Most plaintiffs only get coupons to as- tem. cases, disputes among folks from many sist them in buying more of the prod- This is not a class action bill, this is different States. uct which caused the injury in the first a class inaction bill. It is designed, its It is wrong to allow the current sys- place, and that is if they are lucky. true motive is to stall, is to obstruct tem to persist where the plaintiffs’ at- When the Bank of Boston was sued in and to delay all class actions, regard- torney can choose from more than 4,000 a southern state for their delay in post- less of merit, regardless of merit. jurisdictions in the country, and what- ing mortgage escrow accounts, the at- Do we have abuses? Of course we do. ever judge they know is the most fa- torneys were awarded $8 million, while But the alternative, the alternative vored judge gets the case; and then no- all their clients got was $9; and then that they seek here today in this House body has the option to have it heard in their clients got a bill for $91 for the is not a step forward, it is not a posi- a fair and neutral court. That is what lawyers’ fees, and many of the clients tive improvement. It sets us back. this legislation is all about. were not even notified that they were Are our State courts more efficient Mr. CONYERS. Mr. Chairman, I yield plaintiffs in the case. Unbelievable. than Federal courts? I am here to say myself 1 minute before yielding to the This abuse has to be stopped and this yes. What I hear from my Federal gentleman from Washington. is the best vehicle for stopping it. That judges is, Charlie, please do not fed- Mr. Chairman, sometimes we have to is why I urge that it be passed, and it eralize everything out there. You are look to see where the interest is in ought to be passed in a bipartisan fash- doing it on the criminal side, and you these bills. Are the consumer organiza- ion. This is moderate, needed reform. It want to do it on the civil side. You can- tions supporting this legislation? An- not do it. should not be a partisan issue. swer: No. The certification process in most Mr. CONYERS. Mr. Chairman, I am Is the Firestone Corporation sup- State courts, the majority of the State pleased to yield 4 minutes to the gen- porting this legislation? Answer: Yes. courts, and I know that my colleagues tleman from Texas (Mr. GONZALEZ), Is Monsanto supporting this legisla- cite the aberrations and the abuses; himself a judge, a former judge, and a tion? Answer: Yes. but where do I find them citing those former lawyer as well. Is W.R. Grace Corporation supporting cases in the State court where we have Mr. GONZALEZ. Mr. Chairman, I this legislation? Answer: Yes. State district court judges that are re- thank the gentleman from the great Are the tobacco companies sup- sponsible, mature, and deliberative in State of Michigan for yielding me this porting this legislation, all of them? classifying? I myself had the great time. Answer: Yes. privilege of having class action law- Having been a State district court Are the asbestos people, Johns Man- suits filed in my district court, and I judge, I think I can appreciate some of ville formerly, supporting this legisla- the facts and some of the arguments know how we handled them in Texas. What happened to States’ rights? tion? Answer: Yes. that are being advanced today. The im- What I say is, let us work together. Let Are the mining companies, the re- portance of it is that hopefully I will be us come up with something where sults of the black lung class action able to distinguish fact from fiction. maybe it can be adopted on a State cases, supporting this legislation? An- I do want to address some comments level addressing the abuses that we all swer: Yes. made earlier about the rising numbers agree exist in today’s system. But what Are the Pintos, the airbag cases? An- of civil actions, class actions, and oth- my colleagues propose is basically swer: Yes. erwise in the State courts. That is his- doing away with the class action law- All the corporations are supporting torical, that is tradition. The truth is suit. That is the end result of the pro- this. But I am being told by my friends that the Federal courts on the civil posed legislation. on the other side that this is a con- side handle a mere fraction of the liti- My colleagues are assuming, and sumer-friendly bill. gation that is going on out there in the wrongly, that the quantity and quality Mr. Chairman, I yield 3 minutes to civil courts throughout the United of the Federal judiciary is superior to the distinguished gentleman from States. They do not handle as many the State courts; and if my colleagues Washington (Mr. INSLEE). cases as the traffic court in San Anto- want to go out there and talk in a con- (Mr. INSLEE asked and was given nio handles throughout the whole fidential manner with all of the trial permission to revise and extend his re- United States, all the Federal system. attorneys, they will tell us what is marks.) We have to look at those numbers as to going on out there in the system. Mr. INSLEE. Mr. Chairman, it takes what they are really doing out there. All I will say is, this is ill-advised, it real chutzpah to bring this bill at this They are overburdened. They have to is ill-proposed, and it is not a workable time. It takes real chutzpah, after we give precedence and priority to crimi- alternative. have thousands of Enron employees nal cases. Do we see a Federal court Mr. SENSENBRENNER. Mr. Chair- having lost their life savings, to bring that is designated civil in nature and man, I yield 1 minute to the gentleman a bill to diminish the rights of Ameri- only handles a civil docket? But we see from Virginia (Mr. GOODLATTE). cans to be compensated for their losses. that at the State level, day in and day Mr. GOODLATTE. Mr. Chairman, I It takes chutzpah to bring a bill to the out, because they are specialized, rec- thank the gentleman for yielding me floor of the House at this time to the ognizing the efficiency that it lends to this time. benefit of the Ken Lays and the Mr. a civil court system. I would say to the gentleman from Skillings of the world. Judicial appointments. Of course we Texas that he has mischaracterized Now, think about the timing of this. should fill all vacancies in a most de- this legislation. This legislation cre- Think about the timing of this. liberate and efficient manner, but not ates the kind of choice that he is talk- The very first bill that comes to the with just any judge. ing about, because right now if a plain- floor of the House after Enron takes We complain of abuses. How we stop tiff or a defendant wants to have these the life savings away from Americans the abuses is to make sure that we cases heard in Federal court, they can- is to make it easier for people to do have qualified and fair individuals to not be heard in Federal court simply that and harder for people to get com- fill those judicial roles. because of a Federal rule, even though pensation when it happens to them. I will tell my colleagues, as an oppo- these are the most complex cases in Now, before we go home for spring nent, this is what I will give the pro- the country. break, when we go home and talk to

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.040 pfrm01 PsN: H13PT1 H854 CONGRESSIONAL RECORD — HOUSE March 13, 2002 our constituents and they ask us, Joe, of the laws of a State in which such 15,000 shareholders were left holding Mr. Congressman, What did you do corporation or business enterprise is worthless stock certificates. They had about the Enron situation, I do not incorporated or organized. So every- been artificially inflating profits. Does think the first thing we should say is, thing that the gentleman from Wash- that sound familiar? Does that sound We made it hard for Americans to get ington has said relating to Enron is like Enron? I can tell the Members compensation for their losses. simply not true under the terms of the this, when they say it walks like a In fact, that is what this is about, be- bill. duck and quacks like a duck, it is a cause when we strip away the verbiage Now, finally, that would be the case duck. When they say it is not about and the philosophical language that we if Enron were not in bankruptcy. Be- Enron, it is not about Enron, it is not have all sincerely engaged in here cause they are in bankruptcy, all about Enron, it is about Enron. today, this is about one thing. Some claims are presented to the Federal They want to put all of America, ev- people who have been burned because bankruptcy court. eryone watching us today and everyone they got caught with their hands in the Mr. Chairman, I would say to the on this floor, in the same position that cookie jar in class action litigation gentleman from Washington, please they have put Enron. They want to tie want to make it harder for Americans read the bill. our hands, not give us access to the to bring class action litigation. That is Mr. CONYERS. Mr. Chairman, I yield court, not let us go to State court, not what this is about because they know a 3 minutes to the gentleman from Texas use the State law, not use the State simple thing. The Federal courts do (Mr. SANDLIN). procedure. They say everyone in Amer- Mr. SANDLIN. Mr. Chairman, our not have room for any more class ac- ica has to be in the position that the friends on the other side have had some tion litigation. They will go to the end Enron pensioners and employees and pretty charts, but they have had some of the line. This simply will result in stockholders are in. That is what they very misleading stories. making it more difficult for people to want to do. Let us talk about the effects of class Support States’ rights, use State law, have their cases get a day in court. actions and how it helps normal Ameri- If my colleagues do not believe me, use State procedure. Let us remember cans. A class action in Texas forced listen to Chief Justice Rehnquist who that, and protect consumers against Turn of the Century Adventure, Inc., said, and this is in 1998: ‘‘I also criticize wrongdoing corporations. and Travelbridge International, Inc, to Congress and the President for their Mr. SENSENBRENNER. Mr. Chair- stop defrauding consumers. If we want propensity to enact more and more leg- man, I yield myself 15 seconds. to talk about coupons, let us talk Mr. Chairman, this bill does not take islation which brings more and more about the coupons that they gave away a cause of action that any mem- cases into the Federal court system. folks, giving thousands of dollars in ber of a class has. All of the class ac- This criticism received virtually no coupons in return for false discount tion suits that the gentleman from public attention. If Congress enacts promises. It took a class action suit to Texas has talked about could still be and the President signs new laws al- cure that. filed and litigated, but litigated fairly. lowing more cases to be brought into My friend from Washington brought Mr. Chairman, I yield 3 minutes to the Federal courts, just filling the va- up the suit against Foodmaker, Inc. the gentleman from California (Mr. cancies will not be enough. We will Three children died and 500 people were COX). need additional judgeships.’’ injured as a result of eating E. coli. It Mr. COX. Mr. Chairman, I thank the The fact of the matter is, as the pro- took a class action suit to take care of gentleman for yielding time to me. ponents of the bill and those who advo- that. Mr. Chairman, this debate is difficult cate this bill know very well, there is a Are we are going to complain about to understand for me because on the pipeline that is this big in our Federal attorneys’ fees all day? Is that what we one hand people are talking about put- court system. Now we want to take are going to talk about in class action? ting multistate claims with plaintiffs cases out of State courts and try to Why do we not complain about all over the country into the form that jam it through a pipeline with that Beech-Nut? Do we know what those the Founding Fathers described in arti- pipeline getting no bigger, they will folks did? They sold sugar water la- cle III of the Constitution, a Federal not go. They will not go. That is why beled as pure apple juice for infants. form; and on the other hand, people are this bill has sought the support of They gave it to parents and parents all saying that class actions help normal those like Jack-in-the-Box Corporation across America fed it to their children Americans, class actions are good, and who served E. coli with their ham- as nutrition. It took a class action to class actions can bring about good re- burgers, the result of which was a make that corporation back down and sults. Those two things are hardly in- young girl and many hundreds in the say, We are going to sell you apple compatible. State of Washington ending up with juice if we charge you for apple juice. What we are talking about is making kidney damage. They used the State sure that class actions, which involve courts class action for compensation. b 1315 the whole country and not just local Now, I do not think I should go home Native Americans in San Juan Coun- issues, are resolved in the jurisdiction and tell them that we are reducing our ty, Utah, 52 percent of the residents that the Framers had in mind, Federal ability to have a fair day in court in there were Native Americans. None jurisdiction in a Federal court. our State courts. For that reason, we served on juries from 1932 to 1960. It We do not have a problem in this should reject this. took a class action to make people Congress, I do not believe, in appre- Mr. SENSENBRENNER. Mr. Chair- stand up for the Constitution of the ciating the work that our State courts man, I yield myself 1 minute. United States and get them access to do. Indeed, one prolific source of the I deeply regret my friend from Wash- the courts. people who serve on the Federal bench ington has not read the bill. This bill How about promoting account- is the State courts themselves. has nothing to do with Enron, and it ability? A group of homeless students The problem is not with State courts; specifically states that claims like the and their parents brought a class ac- the problem is with lawyers trying to Enron claim are not covered by the dif- tion suit against the Chicago Board of manipulate the system who pick not fering jurisdictional provisions of this. Education and the Illinois State Board the State court system but a particular The Enron claim involves tax law, Fed- of Education because the defendants place, a particular forum, where they eral tax law where the jurisdiction is in turned away homeless children from shop for where they know, because of the Federal courts. It involves securi- the Chicago public school system be- their connections with that particular ties law, Federal securities law where cause they could not show proof of per- forum, that they can put their thumb the jurisdiction is in the Federal manent residency. Twelve thousand on the scale of justice and they can courts. homeless students in Chicago were de- skew the result so the facts and the On page 14 of the amendment in the nied schooling. It took a class action to evidence and the law do not matter. nature of a substitute, this bill’s juris- cure that, and we are going to com- The leading treatise on Federal civil dictional aspect is exempt from the in- plain about pennies? procedure has declared that the cur- ternal affairs or governance of a cor- It took a class action when UDC rent rules for deciding when admit- poration that arises under or by virtue Homes filed for bankruptcy in 1995 and tedly nationwide class actions are

VerDate 11-MAY-2000 03:52 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.045 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H855 heard in Federal court make no sense: But several of the employees in the Well, it is very difficult for my ‘‘The traditional principles in this area Enron case, if they were suing Mr. Lay, friends on the other side of the aisle to have evolved haphazardly and with lit- affectionately known as ‘‘Kenny boy’’ claim to be for working people, for con- tle reasoning. They serve no apparent in some parts of the government, for sumers, with this kind of action. This policy.’’ breach of an employment contract, really tells who they really are and An 11th circuit case recently had the they would be brought, under this bill, who they care about. judge apologizing to litigants because into Federal court. We need that, do we Mr. SENSENBRENNER. Mr. Chair- they could not have a Federal forum not? I do not think so, and I thank the man, I yield 11⁄2 minutes to the gen- because the rules as presently written gentlewoman for yielding to me. tleman from Michigan (Mr. ROGERS). for diversity are so easily defeated by Ms. WATERS. Mr. Chairman, I yield Mr. ROGERS of Michigan. Mr. Chair- lawyers trying to manipulate the sys- myself the balance of my time. man, I thank the chairman for his tem. Mr. Chairman, I beg to differ with great work, and I thank the gentleman Judge John Nangel, who was for the gentleman from Wisconsin (Chair- from Virginia (Mr. GOODLATTE) for a many years the Chair of the Federal man SENSENBRENNER). This has every- great bill. I think it finally brings jus- Judicial Panel on Multidistrict Litiga- thing to do with Enron. tice back to the American people. We tion, said this: ‘‘Plaintiffs’ attorneys As a matter of fact, I think the are hearing a lot about judges, lawyers, are increasingly filing nationwide class American public must know and under- technicalities, which is exactly why I actions in various State courts, care- stand the difference between this side think we have the problem of litigation fully crafting language . . . to avoid of the aisle and that side of the aisle. in America as it stands now. . . . the Federal courts. Existing Fed- We are about the business of protecting As simply as I can put it, something eral precedent . . . [permits] this prac- consumers, and we are about the busi- we all experience when Americans get tice . . . although most of these cases ness of allowing the average person to to the end of the roll of toilet paper, . . . will be disposed of through ‘cou- have their day in court. they find aggravation. When our This bill would make it more dif- pon’ or paper settlements,’’ that is, friends, the trial lawyers, get to the ficult. It would put obstacles in the through extortion, at settlements at end of the roll of toilet paper, they find way. It would send class action law- which the lawyers are paid to go away a pot of gold. suits to the Federal court, which are What am I talking about, Mr. Chair- and the plaintiffs in the case, in most overjammed. We do not have enough man? There is a class action suit in cases who have never even met the law- judges there. We have the big drug California that is suing because there yers, get sent pennies on the dollar. cases there. These cases would be back- is a roll of premium toilet paper that In an opinion by Judge Anthony logged, and they know it. They are cre- only has 340 sheets as opposed to the Scirica, the chairman of the Federal ating obstacles to people getting their regular that has 400. That is not jus- Judicial Conference’s Standing Com- fair day in court. tice. Justice is fairness. Justice is mittee on Rules and Procedure, the Members heard some of the cases re- logic. Justice is a case heard by a jury U.S. Court of Appeals for the Third Cir- ferred to, where class action lawsuits of one’s peers. cuit observed that ‘‘national (inter- are the only way people can get any Do not let what happens in California state) class actions are the paradigm justice. Let me remind Members of just cost my constituents in Michigan more for Federal diversity jurisdiction. . . .’’ a few of them. money for everyday living expenses. That is what the Federal courts are As a matter of fact, the average per- Because what happens here, Mr. Chair- telling us; that is what the Federal ju- son would not be able to go into court man, is that Cheerios go up and milk diciary is telling us. and get any justice against Enron. It goes up and toilet paper goes up. Former Solicitor General Walter would only be through class action Enron will get its day in court, and Dellinger, someone who most Demo- lawsuits. the people who are abused by Enron crats, I would think, would be happy to Remember Firestone? They know- will get their day in court. Let us stand learn from, testified before the Com- ingly sold defective tires, where tread united about this. Let us stand for that mittee on the Judiciary: ‘‘If Congress separation caused more than 800 inju- fairness and that justice. Let us stand were to start over and write a new Fed- ries and 271 deaths. They failed to re- for a court system that will represent eral diversity statute, interstate class call and replace defective tires in a all Americans, when it comes to asking actions would be the first kind of timely manner. me and my family and my neighbor’s cases’’ that we would put within that What about Monsanto? They hid 40 family and the working families of diversity jurisdiction. years’ worth of dumping of toxic PCBs, Michigan to pay more for the goods This is good for litigants, good for de- mercury, lead, and mustard gas in An- they need to survive. fendants, good for plaintiffs, good for niston, Alabama. They continued The people who make out in this, Mr. fairness, good for America, and good dumping toxic chemicals even after Chairman, are the trial lawyers. Let us for the American consumers, which is dangers were known. stand up for justice. Let us stand up for why The Washington Post has sup- It goes on and on and on. Without families. Let us pass this bill. ported it: ‘‘That it is controversial re- class action lawsuits brought in State Mr. SENSENBRENNER. Mr. Chair- flects less on its merit as a proposal courts, we would never be able to get man, I yield myself the balance of my than on the grip that trial lawyers at this kind of injustice. time. have on many Democrats.’’ I do not be- People on the other side said do not Mr. Chairman, there has been an lieve that would be true, and I think charge them with wanting to protect awful lot of hyperbole that is floating many Democrats will support this leg- big corporations when they have done around this Chamber from those who islation. something bad, but they speak for are opposed to this legislation. Mr. CONYERS. Mr. Chairman, I am themselves. They speak for themselves First of all, the legislation does not pleased to yield the balance of my time with this bill. What they are saying is, diminish any cause of action that any- to the gentlewoman from California Poor consumers, working class people, body may have, either as an individual (Ms. WATERS). we know you cannot afford to hire a or member of a class. So if they have a Ms. WATERS. Mr. Chairman, I thank lawyer. We know the only way you can cause of action and the right to sue the gentleman for yielding time to me. get some justice is through class ac- now, if this bill becomes law, they will Mr. CONYERS. Mr. Chairman, will tion, but we are going to make it still have that cause of action and that the gentlewoman yield? tougher for you. We are going to make right to sue. So what is the beef? Ms. WATERS. I yield to the gen- it more difficult for you. We are going What this bill does do is it provides tleman from Michigan. to send you to the Federal courts, be- fairness. I think the biggest example of Mr. CONYERS. Mr. Chairman, I cause you will never get there. how unfair the State court system can know Enron is not a nice word to bring As a matter of fact, people may go in be involves the Mississippi case that up on the floor with our conservative the State courts under this bill and has been referred to several times pre- friends. I raise the name Enron reluc- find out in the middle of the trial that viously, where the hometown judge in tantly, because it is offensive to some it is going to be sent to the Federal Mississippi approved a class action set- of our colleagues. court, another big obstruction. tlement that gave Mississippi residents

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.049 pfrm01 PsN: H13PT1 H856 CONGRESSIONAL RECORD — HOUSE March 13, 2002 as much as 18 times more than resi- any one policyholder to bring suit on his or her er, but the leadership of this body had made dents of other States. That is what the own. But through a class action lawsuit, all it a priority! Federal court diversity citizenship ju- policyholders were able to be protected At a time when our armed forces are de- risdiction that was put into the Con- against this practice. fending this country across the ocean, when stitution was designed to prevent. This case would have never seen the light millions of Americans are out of work, and This bill changes the way diversity is of day if the bill before us today were the law when we face serious threats to Social Secu- defined so that the abuses that the of land. This legislation will take money out of rity and Medicare, it is amazing to me that this Framers were concerned about in 1787 people’s pockets and will make consumers body would decide to address the issue of can be prevented in class action law- even more vulnerable to abuses by HMOs. class action ‘‘fairness’’ instead of addressing suits that they never thought would For the sake of everyone who relies on health the most serious issues facing this country. I ever arise in this country. So that is care insurance please join me in opposing this urge my colleagues to join me in opposing this what we are dealing with here. ill-conceived piece of legislation. bill and ask that this body move forward in ad- What we are dealing with here also is Mr. KNOLLENBERG. Mr. Chairman, I rise in dressing real problems. a better way of having the courts re- strong support of H.R. 2431, the Class Action Mrs. CAPITO. Mr. Chairman, today I rise in view the fairness of noncash settle- Fairness Act of 2002. support of H.R. 2341, the Class Action Fair- ments. We have heard an awful lot I do so because this bill represents common ness Act of 2002. This legislation will stream- about the coupons, where people end up sense reforms that will make our civil justice line our judicial system, making it more con- having to buy the same product of the system simpler and fairer while curtailing the sistent, fair and efficient. company that injured them, or the abusive and frivolous lawsuits that cost us so First, H.R. 2341 will cut down on and dis- same service of the company that in- much. courage so-called forum shopping, where trial jured them. Lawsuit abuse is a serious problem. I attorneys file lawsuits based on which state’s It seems to me that if somebody in- should know—back when I was running my in- law is most favorable to their claim. This prac- jured me enough to go to court and file surance company, lawsuit abuse was one of tice results in a small handful of state courts, a lawsuit and try it, if I won my law- the principal reasons that insurance premiums whose laws are most favorable to plaintiffs, suit, I ought not to be forced to go kept rising each year. And that rise has not exerting their jurisdiction over other states and back to the same company that caused stopped. creating precedent for entire national indus- the problem to begin with. This bill And we do not just pay for lawsuit abuse tries across the Nation. provides for increased scrutiny to pro- through higher insurance premiums. We pay Second, there’s the issues of fairness. We tect consumers against that. for it through higher health care costs, higher all have heard stories of lawsuit abuse. There Mr. Chairman, I think that the hy- prices for consumer items, higher taxes, and are the so-called ‘‘coupon settlements,’’ where perbole we are hearing from the people fewer jobs. In fact, according to a study by the class action members receive coupons from a who are opposed to this bill really is Public Policy Institute in New York, people in sued business while the attorneys reel in mil- designed to try to get the attention of my home state of Michigan pay a hidden law- lions. You get a coupon, and they get a for- this body and the American public suit tax of $574 per year. I know many fami- tune! In fact, many business are coerced into away from what is in the bill. lies who could put that money to good use, settling meritless claims, believing their de- but cannot. fense is too costly to litigate. b 1330 Not all lawsuits are abusive, but I believe This system cannot be allowed to go on. All I would ask while we continue de- there are reforms that can be made that will There are too many small business out there, bating this bill and the amendments is protect the rights of businesses and con- surviving on thin margins as it is. And there for the opponents to read the bill, be- sumers alike. Today’s bill strikes that balance. are too many class action members, people cause most of the complaints that they When the federal government acts, it too who have been wronged, who deserve com- have are really not present in this leg- often does so to detriment of our economy. pensation, but watch their attorneys take the islation. The Class Action Fairness Act is an excellent lion’s share of the award. Ms. SCHAKOWSKY. Mr. Chairman, I rise in chance for us to remove some of the drag on Finally, Congress needs to pass real class strong opposition to H.R. 2341, the ‘‘Class Ac- our economy by curtailing costly, abusive law- action reform because it will make our federal tion Fairness Act.’’ The Republican sponsors suits. courts more efficient. Class action lawsuit fil- of this legislation falsely claim that it will rein I urge all my colleagues to support this leg- ings have increased by 1,000 percent over the in ‘‘frivolous lawsuits.’’ This bill is not about islation and return the legal system to the indi- past decade. Businesses and consumers need lawyers and lawyers’ fees; it is about whether viduals who it is supposed to benefit—the av- protection from these runaway lawsuits and consumers will have legal rights when cor- erage American. frivolous cases that clutter the courts. This porate wrongdoing, dangerous practices or Mr. UDALL of New Mexico. Mr. Chairman, I backlog of excessive suits hurts the economy faulty products injure them. This bill would rise today in opposition to final passage of by closing down businesses and costing peo- take away legal rights that consumers need. H.R. 2341, laughingly called the Class Action ple their jobs. Class action lawsuits are one of the few pro- Fairness Act. I say ‘‘laughingly’’ because there Remember, it is the consumer who has to tections consumers have against corporate is nothing fair about this bill, unless your idea ultimately pay for these transferred liability fraud and abuse. of fair means changing the tort system to ben- costs to businesses. It comes out of the pock- In fact, anyone who wants to lower the cost efit corporate polluters, monopolistic enter- ets of hard working men and women when of health care for consumers should oppose prises, and irresponsible groups at the ex- someone decides that they want to take the this bill. Class action suits are an important pense of everyday Americans. If enacted, this local business for a ride. tool for health care consumers who have been bill will change the rules to make it easier than Mr. Chairman, let’s restore the true intent of forced to pay exorbitant prices for prescription ever for corporations to move important class the Constitution and allow federal courts to drugs and medical bills. For example, in Iowa, action lawsuits from state courts—the courts hear large interstate class action lawsuits. It is Blue Cross/Blue Shield negotiated ‘‘secret dis- that are most in touch with and responsible to the right thing to do so that we can protect counts’’ with hospitals and providers but our constitutents—to federal courts. While this class action members and businesses from charged the full amount to consumers, pock- change may not sound like a very big change unscrupulous trial lawyers. We owe it to our eting the difference. Many policyholders ended at first, the impact will actually be enormous. citizens, our country and our economy. up paying 10 to 20 percent more than they Every corporate defender in this country Mr. ISSA. Mr. Chairman, I rise in support of should have. knows that federal courts are the most desir- H.R. 2341, ‘‘The Class Action Fairness Act of In response, three state court class action able venue in which to try class action cases 2002.’’ I thank Congressman BOB GOODLATTE, lawsuits were filed against Blue Cross/Blue because federal court rules disadvantage author of this bill, House Judiciary Committee Shield. Eventually Blue Cross/Blue Shield plaintiffs and ordinary citizens. As they attempt Chairman JAMES SENSENBRENNER and the Ju- agreed to pay $14.6 million to settle the to defend their wealthy clients, corporate law- diciary Committee staff for their leadership on claims. The tens of thousands of consumers yers try every trick in the book to have impor- this bill. affected by the lawsuit received reimburse- tant cases moved from local courts to federal Class action lawsuits serve a very important ments for all claims over $50. Since the settle- courts, and this bill will only make their job role, but the legal system is being com- ment agreement, Blue Cross has changed its easier! I cannot imagine why we would want promised because attorneys have been the billing practices to lower the cost for con- to make the enormous challenges faced by benefactors of class action lawsuit settle- sumers. The money lost was not enough for the plaintiffs in class actions cases even hard- ments, not the plaintiffs. These lawsuits should

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\K13MR7.078 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H857 be weighed on their own merits. The decision Sec. 2. Findings and purposes. ‘‘CHAPTER 114—CLASS ACTIONS to file in a certain state or region should not Sec. 3. Consumer class action bill of rights and ‘‘Sec. be based on the possibility of the courts hav- improved procedures for interstate ‘‘1711. Judicial scrutiny of coupon and other class actions. noncash settlements. ing favorable attitudes toward certifying class Sec. 4. Federal district court jurisdiction of action suits against out-of-state corporations. ‘‘1712. Protection against loss by class members. interstate class actions. ‘‘1713. Protection against discrimination based Many times, attorneys find a topic or angle for Sec. 5. Removal of interstate class actions to on geographic location. a class action lawsuit and then begin to seek Federal district court. ‘‘1714. Prohibition on the payment of bounties. plaintiffs, sometimes in a different region than Sec. 6. Appeals of class action certification or- ‘‘1715. Clearer and simpler settlement informa- where the problem occurred. When they reg- ders. tion. ister a large number of plaintiffs, the lawyers Sec. 7. Effective date. ‘‘1716. Definitions. file a class action suit in a favorable state SEC. 2. FINDINGS AND PURPOSES. ‘‘§ 1711. Judicial scrutiny of coupon and other (a) FINDINGS.—The Congress finds as follows: noncash settlements forum and modify the case so that it will be (1) Class action lawsuits are an important and exempt from federal jurisdiction. These attor- valuable part of our legal system when they per- ‘‘The court may approve a proposed settle- neys then are not beholden to any one indi- mit the fair and efficient resolution of legitimate ment under which the class members would re- vidual, allowing them to broker a settlement claims of numerous parties by allowing the ceive noncash benefits or would otherwise be re- that provides minimal benefits to the class claims to be aggregated into a single action quired to expend funds in order to obtain part or all of the proposed benefits only after a hear- members, but may reward the attorneys hand- against a defendant that has allegedly caused harm. ing to determine whether, and making a written somely. Additionally, lawyers in other states finding that, the settlement is fair, reasonable, can bring forward an identical ‘‘copy cat’’ law- (2) Over the past decade, there have been abuses of the class action device that have and adequate for class members. suit, forcing companies to defend the same harmed class members with legitimate claims ‘‘§ 1712. Protection against loss by class mem- case in another court, with potentially different and defendants that have acted responsibly, bers results. Ultimately, the cost is passed on to and that have thereby undermined public re- ‘‘The court may approve a proposed settle- consumers in the form of higher prices for spect for our judicial system. ment under which any class member is obligated their products. (3) Class members have been harmed by a to pay sums to class counsel that would result in H.R. 2341 brings fairness to the class action number of actions taken by plaintiffs’ lawyers, a net loss to the class member only if the court arena by providing a federal forum for out-of- which provide little or no benefit to class mem- makes a written finding that nonmonetary bene- state defendants and out-of-state plaintiff class bers as a whole, including— fits to the class member outweigh the monetary (A) plaintiffs’ lawyers receiving large fees, loss. members. Instead of having plaintiffs in mul- while class members are left with coupons or tiple states bring forward the same lawsuit. ‘‘§ 1713. Protection against discrimination other awards of little or no value; based on geographic location This bill will only allow one lawsuit and it must (B) unjustified rewards being made to certain be handled at the federal level. It emphasizes plaintiffs at the expense of other class members; ‘‘The court may not approve a proposed settle- ment that provides for the payment of greater efficiency by ensuring only one bite at the and (C) the publication of confusing notices that sums to some class members than to others solely apple. The current system has judges from on the basis that the class members to whom the one state deciding the fate of plaintiffs from prevent class members from being able to fully understand and effectively exercise their rights. greater sums are to be paid are located in closer other states, and binding them to whatever de- (4) Through the use of artful pleading, plain- geographic proximity to the court. cision the judge brings down or the lawyers tiffs are able to avoid litigating class actions in ‘‘§ 1714. Prohibition on the payment of boun- reach in a settlement. This legislation will pro- Federal court, forcing businesses and other or- ties vide the plaintiff an opportunity for settlements ganizations to defend interstate class action ‘‘(a) IN GENERAL.—The court may not approve that benefit them. lawsuits in county and State courts where— a proposed settlement that provides for the pay- H.R. 2341 protects the rights of the plaintiffs (A) the lawyers, rather than the claimants, ment of a greater share of the award to a class or class members with inclusion of a Con- are likely to receive the maximum benefit; representative serving on behalf of a class, on sumer Class Action Bill of Rights. It will begin (B) less scrutiny may be given to the merits of the basis of the formula for distribution to all the case; and to address reform on an issue and at a time other class members, than that awarded to the (C) defendants are effectively forced into set- other class members. where numbers of class action suits have sky- tlements, in order to avoid the possibility of ‘‘(b) RULE OF CONSTRUCTION.—The limitation rocketed. huge judgments that could destabilize their com- in subsection (a) shall not be construed to pro- I thank you for the opportunity to speak on panies. hibit any payment approved by the court for this bill and I urge all my colleagues to vote (5) These abuses undermine our Federal sys- reasonable time or costs that a person was re- in favor of this legislation. tem and the intent of the framers of the Con- quired to expend in fulfilling his or her obliga- Mr. SENSENBRENNER. Mr. Chair- stitution in creating diversity jurisdiction, in tions as a class representative. that county and State courts are— man, I yield back the balance of my ‘‘§ 1715. Clearer and simpler settlement infor- (A) handling interstate class actions that af- mation time. fect parties from many States; The CHAIRMAN pro tempore (Mr. (B) sometimes acting in ways that dem- ‘‘(a) PLAIN ENGLISH REQUIREMENTS.—Any SWEENEY). All time for general debate onstrate bias against out-of-State defendants; court with jurisdiction over a plaintiff class ac- has expired. and tion shall require that any written notice con- Pursuant to the rule, the amendment (C) making judgments that impose their view cerning a proposed settlement of the class action in the nature of a substitute printed in of the law on other States and bind the rights provided to the class through the mail or publi- the bill shall be considered as an origi- of the residents of those States. cation in printed media contain— ‘‘(1) at the beginning of such notice, a state- nal bill for the purpose of amendment (6) Abusive interstate class actions have harmed society as a whole by forcing innocent ment in 18-point Times New Roman type or under the 5-minute rule and shall be parties to settle cases rather than risk a huge other functionally similar type, stating ‘LEGAL considered read. judgment by a local jury, thereby costing con- NOTICE: YOU ARE A PLAINTIFF IN A CLASS The text of the committee amend- sumers billions of dollars in increased costs to ACTION LAWSUIT AND YOUR LEGAL ment in the nature of a substitute is as pay for forced settlements and excessive judg- RIGHTS ARE AFFECTED BY THE SETTLE- follows: ments. MENT DESCRIBED IN THIS NOTICE.’; and ‘‘(2) a short summary written in plain, easily H.R. 2341 (b) PURPOSES.—The purposes of this Act are— (1) to assure fair and prompt recoveries for understood language, describing— Be it enacted by the Senate and House of Rep- class members with legitimate claims; ‘‘(A) the subject matter of the class action; resentatives of the United States of America in (2) to protect responsible companies and other ‘‘(B) the members of the class; Congress assembled, institutions against interstate class actions in ‘‘(C) the legal consequences of being a member SECTION 1. SHORT TITLE; REFERENCE; TABLE OF State courts; of the class; CONTENTS. (3) to restore the intent of the framers of the ‘‘(D) if the notice is informing class members (a) SHORT TITLE.—This Act may be cited as Constitution by providing for Federal court con- of a proposed settlement agreement— the ‘‘Class Action Fairness Act of 2002’’. sideration of interstate class actions; and ‘‘(i) the benefits that will accrue to the class (b) REFERENCE.—Whenever in this Act ref- (4) to benefit society by encouraging innova- due to the settlement; erence is made to an amendment to, or repeal of, tion and lowering consumer prices. ‘‘(ii) the rights that class members will lose or a section or other provision, the reference shall SEC. 3. CONSUMER CLASS ACTION BILL OF waive through the settlement; be considered to be made to a section or other RIGHTS AND IMPROVED PROCE- ‘‘(iii) obligations that will be imposed on the provision of title 28, United States Code. DURES FOR INTERSTATE CLASS AC- defendants by the settlement; (c) TABLE OF CONTENTS.—The table of con- TIONS. ‘‘(iv) the dollar amount of any attorney’s fee tents for this Act is as follows: (a) IN GENERAL.—Part V is amended by insert- class counsel will be seeking, or if not possible, Sec. 1. Short title; reference; table of contents. ing after chapter 113 the following: a good faith estimate of the dollar amount of

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 6333 E:\CR\FM\A13MR7.026 pfrm01 PsN: H13PT1 H858 CONGRESSIONAL RECORD — HOUSE March 13, 2002 any attorney’s fee class counsel will be seeking; in controversy exceeds the sum or value of wise a class action as defined in paragraph and $2,000,000, exclusive of interest and costs, and is (1)(B) of this subsection shall nevertheless be ‘‘(v) an explanation of how any attorney’s fee a class action in which— deemed a class action if— will be calculated and funded; and ‘‘(A) any member of a class of plaintiffs is a ‘‘(A) the named plaintiff purports to act for ‘‘(E) any other material matter. citizen of a State different from any defendant; the interests of its members (who are not named ‘‘(b) TABULAR FORMAT.—Any court with juris- ‘‘(B) any member of a class of plaintiffs is a parties to the action) or for the interests of the diction over a plaintiff class action shall require foreign state or a citizen or subject of a foreign general public, seeks a remedy of damages, res- that the information described in subsection state and any defendant is a citizen of a State; titution, disgorgement, or any other form of (a)— or monetary relief, and is not a State attorney gen- ‘‘(1) be placed in a conspicuous and prominent ‘‘(C) any member of a class of plaintiffs is a eral; or location on the notice; citizen of a State and any defendant is a foreign ‘‘(B) monetary relief claims in the action are ‘‘(2) contain clear and concise headings for state or a citizen or subject of a foreign state. proposed to be tried jointly in any respect with each item of information; and ‘‘(3) Paragraph (2) shall not apply to any civil the claims of 100 or more other persons on the ‘‘(3) provide a clear and concise form for stat- action in which— ground that the claims involve common ques- ing each item of information required to be dis- ‘‘(A)(i) the substantial majority of the mem- tions of law or fact. closed under each heading. bers of the proposed plaintiff class and the pri- In any such case, the persons who allegedly ‘‘(c) TELEVISION OR RADIO NOTICE.—Any no- mary defendants are citizens of the State in were injured shall be treated as members of a tice provided through television or radio (in- which the action was originally filed; and proposed plaintiff class and the monetary relief cluding transmissions by cable or satellite) to in- ‘‘(ii) the claims asserted therein will be gov- that is sought shall be treated as the claims of form the class members in a class action of the erned primarily by the laws of the State in individual class members. The provisions of right of each member to be excluded from the which the action was originally filed; paragraphs (3) and (6) of this subsection and class action or a proposed settlement of the class ‘‘(B) the primary defendants are States, State subsections (b)(2) and (d) of section 1453 shall action, if such right exists, shall, in plain, easily officials, or other governmental entities against not apply to civil actions described under sub- understood language— whom the district court may be foreclosed from paragraph (A). The provisions of paragraph (6) ‘‘(1) describe the persons who may potentially ordering relief; or of this subsection, and subsections (b)(2) and (d) become class members in the class action; and ‘‘(C) the number of proposed plaintiff class of section 1453 shall not apply to civil actions ‘‘(2) explain that the failure of a class member members is less than 100. described under subparagraph (B).’’. to exercise his or her right to be excluded from ‘‘(4) In any class action, the claims of the in- (b) CONFORMING AMENDMENTS.— a class action will result in the person’s inclu- dividual class members shall be aggregated to (1) Section 1335(a)(1) is amended by inserting sion in the class action or settlement. determine whether the matter in controversy ex- ‘‘(a) or (d)’’ after ‘‘1332’’. ‘‘§ 1716. Definitions ceeds the sum or value of $2,000,000, exclusive of (2) Section 1603(b)(3) is amended by striking interest and costs. ‘‘(d)’’ and inserting ‘‘(e)’’. ‘‘In this chapter— ‘‘(5) This subsection shall apply to any class SEC. 5. REMOVAL OF INTERSTATE CLASS AC- ‘‘(1) CLASS ACTION.—The term ‘class action’ action before or after the entry of a class certifi- TIONS TO FEDERAL DISTRICT means any civil action filed in a district court of cation order by the court with respect to that COURT. the United States pursuant to rule 23 of the action. (a) IN GENERAL.—Chapter 89 is amended by Federal Rules of Civil Procedure or any civil ac- ‘‘(6)(A) A district court shall dismiss any civil adding after section 1452 the following: tion that is removed to a district court of the action that is subject to the jurisdiction of the United States that was originally filed pursuant ‘‘§ 1453. Removal of class actions court solely under this subsection if the court ‘‘(a) DEFINITIONS.—In this section, the terms to a State statute or rule of judicial procedure determines the action may not proceed as a class authorizing an action to be brought by one or ‘class’, ‘class action’, ‘class certification order’, action based on a failure to satisfy the require- and ‘class member’ have the meanings given more representatives on behalf of a class. ments of rule 23 of the Federal Rules of Civil ‘‘(2) CLASS COUNSEL.—The term ‘class counsel’ these terms in section 1332(d)(1). Procedure. ‘‘(b) IN GENERAL.—A class action may be re- means the persons who serve as the attorneys ‘‘(B) Nothing in subparagraph (A) shall pro- for the class members in a proposed or certified moved to a district court of the United States in hibit plaintiffs from filing an amended class ac- accordance with this chapter, without regard to class action. tion in Federal court or filing an action in State ‘‘(3) CLASS MEMBERS.—The term ‘class mem- whether any defendant is a citizen of the State court, except that any such action filed in State in which the action is brought, except that such bers’ means the persons who fall within the def- court may be removed to the appropriate district inition of the proposed or certified class in a action may be removed— court if it is an action of which the district ‘‘(1) by any defendant without the consent of class action. courts of the United States have original juris- ‘‘(4) PLAINTIFF CLASS ACTION.—The term all defendants; or diction. ‘‘(2) by any plaintiff class member who is not ‘plaintiff class action’ means a class action in ‘‘(C) In any action that is dismissed under which class members are plaintiffs. a named or representative class member without this paragraph and is filed by any of the origi- the consent of all members of such class. ‘‘(5) PROPOSED SETTLEMENT.—The term ‘pro- nal named plaintiffs therein in the same State ‘‘(c) WHEN REMOVABLE.—This section shall posed settlement’ means an agreement that re- court venue in which the dismissed action was apply to any class action before or after the solves claims in a class action, that is subject to originally filed, the limitations periods on all re- entry of a class certification order in the action, court approval and that, if approved, would be asserted claims shall be deemed tolled for the pe- except that a plaintiff class member who is not binding on the class members.’’. riod during which the dismissed class action was a named or representative class member of the (b) TECHNICAL AND CONFORMING AMEND- pending. The limitations periods on any claims action may not seek removal of the action before MENT.—The table of chapters for part V is that were asserted in a class action dismissed an order certifying a class of which the plaintiff amended by inserting after the item relating to under this paragraph that are subsequently as- is a class member has been entered. chapter 113 the following: serted in an individual action shall be deemed ‘‘(d) PROCEDURE FOR REMOVAL.—The provi- ‘‘114. Class Actions ...... 1711’’. tolled for the period during which the dismissed sions of section 1446 relating to a defendant re- SEC. 4. FEDERAL DISTRICT COURT JURISDICTION action was pending. moving a case shall apply to a plaintiff remov- OF INTERSTATE CLASS ACTIONS. ‘‘(7) Paragraph (2) shall not apply to any ing a case under this section, except that in the (a) APPLICATION OF FEDERAL DIVERSITY JU- class action brought by shareholders that solely application of subsection (b) of such section the RISDICTION.—Section 1332 is amended— involves a claim that relates to— requirement relating to the 30-day filing period (1) by redesignating subsection (d) as sub- ‘‘(A) a claim concerning a covered security as shall be met if a plaintiff class member files no- section (e); and defined under section 16(f)(3) of the Securities tice of removal within 30 days after receipt by (2) by inserting after subsection (c) the fol- Act of 1933 and section 28(f)(5)(E) of the Securi- such class member, through service or otherwise, lowing: ties Exchange Act of 1934; of the initial written notice of the class action. ‘‘(d)(1) In this subsection— ‘‘(B) the internal affairs or governance of a ‘‘(e) REVIEW OF ORDERS REMANDING CLASS ‘‘(A) the term ‘class’ means all of the class corporation or other form of business enterprise ACTIONS TO STATE COURTS.—The provisions of members in a class action; and arises under or by virtue of the laws of the section 1447 shall apply to any removal of a case ‘‘(B) the term ‘class action’ means any civil State in which such corporation or business en- under this section, except that, notwithstanding action filed pursuant to rule 23 of the Federal terprise is incorporated or organized; or the provisions of section 1447(d), an order re- Rules of Civil Procedure or similar State statute ‘‘(C) the rights, duties (including fiduciary manding a class action to the State court from or rule of judicial procedure authorizing an ac- duties), and obligations relating to or created by which it was removed shall be reviewable by ap- tion to be brought by one or more representative or pursuant to any security (as defined under peal or otherwise. persons on behalf of a class; section 2(a)(1) of the Securities Act of 1933 and ‘‘(f) EXCEPTION.—This section shall not apply ‘‘(C) the term ‘class certification order’ means the regulations issued thereunder). to any class action brought by shareholders that an order issued by a court approving the treat- ‘‘(8) For purposes of this subsection and sec- solely involves— ment of a civil action as a class action; and tion 1453 of this title, an unincorporated asso- ‘‘(1) a claim concerning a covered security as ‘‘(D) the term ‘class members’ means the per- ciation shall be deemed to be a citizen of the defined under section 16(f)(3) of the Securities sons who fall within the definition of the pro- State where it has its principal place of business Act of 1933 and section 28(f)(5)(E) of the Securi- posed or certified class in a class action. and the State under whose laws it is organized. ties Exchange Act of 1934; ‘‘(2) The district courts shall have original ju- ‘‘(9) For purposes of this section and section ‘‘(2) a claim that relates to the internal affairs risdiction of any civil action in which the matter 1453 of this title, a civil action that is not other- or governance of a corporation or other form of

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 6333 E:\CR\FM\A13MR7.010 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H859 business enterprise and arises under or by virtue est in maintaining the confidentiality of settlements of class action lawsuits—informa- of the laws of the State in which such corpora- such information. tion that would protect the health and safety of tion or business enterprise is incorporated or or- Page 6, in the matter preceding line 1, others. ganized; or strike the item relating to section 1716 and I have been concerned for a number of insert the following: ‘‘(3) a claim that relates to the rights, duties years about agreements to seal the informa- (including fiduciary duties), and obligations re- ‘‘1716. Sunshine in court records. tion about settlements of lawsuits that affect lating to or created by or pursuant to any secu- ‘‘1717. Definitions.’’. rity (as defined under section 2(a)(1) of the Se- public health and safety. MODIFICATION TO AMENDMENT NO. 2 OFFERED More often than not, a class action suit is curities Act of 1933 and the regulations issued BY MR. NADLER filed because a number of people have been thereunder).’’. Mr. NADLER: Mr. Chairman, I ask (b) REMOVAL LIMITATION.—Section 1446(b) is harmed by the actions of a large corporation. amended in the second sentence by inserting unanimous consent to modify the They come together to seek to recover dam- ‘‘(a)’’ after ‘‘section 1332’’. amendment and further request that ages by providing that a company behaved in (c) TECHNICAL AND CONFORMING AMEND- such modification be considered as a way that resulted in foreseeable harm to MENTS.—The table of sections for chapter 89 is read. public health and safety. Often, the company amended by adding after the item relating to The CHAIRMAN pro tempore. Is settles the lawsuit, pays the people it harmed section 1452 the following: there objection to the request of the who sued, and then tells them to be quite. But ‘‘1453. Removal of class actions.’’. gentleman from New York? the company may never change its dangerous SEC. 6. APPEALS OF CLASS ACTION CERTIFI- There was no objection. CATION ORDERS. practices. They simply regard the lawsuits as The text of the amendment, as modi- the cost of doing business, and ignore the un- (a) IN GENERAL.—Section 1292(a) is amended fied, is as follows: by inserting after paragraph (3) the following: derlying problem. Since the companies force ‘‘(4) Orders of the district courts of the United Page 10, insert the following after line 4 the plaintiffs never to discuss the problems States granting or denying class certification and redesignate the succeeding section ac- with anyone else, more people end up getting under rule 23 of the Federal Rules of Civil Pro- cordingly: hurt by the companies. This is reprehensible. cedure, if notice of appeal is filed within 10 days ‘‘§ 1716. Sunshine in court records The Firestone Tire situation is a case in after entry of the order.’’. ‘‘No order, opinion, or record of the court point. One of the main reasons why there was (b) DISCOVERY STAY.—All discovery and other in the adjudication of a class action, includ- not timely public disclosure of the dangers of proceedings shall be stayed during the pendency ing a record obtained through discovery, Firestone tires is because Firestone insisted of any appeal taken pursuant to the amendment whether or not formally filed with the court, made by subsection (a), unless the court finds may be sealed or subjected to a protective on a series of gag orders when settling prod- upon the motion of any party that specific dis- order unless the court makes a finding of uct liability lawsuits. covery is necessary to preserve evidence or to fact— An article in the September 25, 2000, edi- prevent undue prejudice to that party. ‘‘(1) that the sealing or protective order is tion of the Legal Times points out that: SEC. 7. EFFECTIVE DATE. narrowly tailored, consistent with the pro- One of the principal roadblocks to timely The amendments made by this Act shall apply tection of public health and safety, and is in public disclosure of the danger of Firestone to any civil action commenced on or after the the public interest; and tires has been a series of gag orders the com- date of the enactment of this Act. ‘‘(2) if the action by the court would pre- pany insisted on as a condition of settling product liability lawsuits in the early 1990s. The CHAIRMAN pro tempore. No vent the disclosure of information, that dis- closing the information is clearly out- Simply put, Firestone made a calculated amendment to that amendment is in weighed by a specific and substantial inter- determination that they would compensate order except those printed in House Re- est in maintaining the confidentiality of victims so long as the plaintiffs agreed not port 107–375. Each amendment may be such information. to share their stories with other victims or offered only in the order printed in the Page 6, in the matter preceding line 7, the public. Congress was given the oppor- report, by a Member designated in the strike the item relating to section 1716 and tunity to address this very problem in 1995 insert the following: when an amendment was offered that would report, shall be considered read, shall prevent such gag orders if the public safety be debatable for the time specified in ‘‘1716. Sunshine in court records. ‘‘1717. Definitions.’’. need outweighed the privacy interests of the the report, equally divided and con- litigants. Unfortunately, the amendment trolled by the proponent and an oppo- The CHAIRMAN pro tempore. Pursu- was defeated, with opponents arguing that nent, shall not be subject to amend- ant to House Resolution 367, the gen- the information was proprietary information ment, and shall not be subject to a de- tleman from New York (Mr. Nadler) that does not belong in the public domain. mand for division of the question. and a Member opposed each will con- The reality is that the release of such infor- The Chair has been informed that trol 10 minutes. mation in the Firestone case 7 or 8 years ago Amendment No. 1 will not be offered. The Chair recognizes the gentleman potentially could have saved scores of human It is now in order to consider Amend- from New York (Mr. NADLER). lives. We can’t blame the people who settled ment No. 2 printed in House Report Mr. NADLER. Mr. Chairman, I yield their case for recovering damages and agree- 107–375. myself such time as I may consume. ing to the gag orders as a condition of getting I am pleased to offer this amendment AMENDMENT NO. 2 OFFERED BY MR. NADLER the money. But as a result, the public is kept along with the gentleman from Massa- Mr. NADLER. Mr. Chairman, I offer in the dark, and many more people are in- chusetts (Mr. DELAHUNT) and the gen- an amendment. jured. This should not happen again. The CHAIRMAN pro tempore. The tlewoman from Texas (Ms. EDDIE BER- It is important for the people to be aware of Clerk will designate the amendment. NICE JOHNSON). the health and safety hazards that may exist The text of the amendment is as fol- Mr. SENSENBRENNER. Mr. Chair- so that other people can make informed lows: man, will the gentleman yield? choices about their lives, and, I might add, so Mr. NADLER. I yield to the gen- that public agencies, perhaps, can crack down Amendment No. 2 offered by Mr. NADLER: tleman from Wisconsin. Page 9, insert the following after line 20 on such dangers. To often critical information and redesignate the succeeding section ac- Mr. SENSENBRENNER. Mr. Chair- is sealed from the public and other people cordingly: man, I think this is a very constructive may be harmed as a result. ‘‘§ 1716. Sunshine in court records amendment, and we are pleased to sup- Let me add that this amendment is very rea- port it. ‘‘No order, opinion, or record of the court sonably drafted. The amendment is written in in the adjudication of a class action, includ- Mr. NADLER. Mr. Chairman, in that such a way that the judge must make a find- ing a record obtained through discovery, case, let me never take yes for an an- ing of fact where a gag order is requested. If whether or not formally filed with the court, swer. I appreciate the comments of the the judge finds that the privacy interest is may be sealed or subjected to a protective gentleman, and I urge everyone to vote broader than the public interest, then the order unless the court makes a finding of for it and I suppose, aside from saying judge must issue the gag order. If the judge fact— that this deals with the question of finds that the public interest in the health and ‘‘(1) that the sealing or protective order is shielding records in settlements. safety outweighs the primary interests as- narrowly tailored, consistent with the pro- Mr. Chairman, I am pleased to offer this serted, the judge may not issue the gag order. tection of public health and safety, and is in the public interest; and amendment with the gentleman from Massa- The judge also has to make sure the gag ‘‘(2) if the action by the court would pre- chusetts, Mr. DELAHUNT and gentlewoman order is drafted as tightly as possible. This will vent the disclosure of information, that dis- from Texas, Ms. JOHNSON. prevent the unnecessary disclosure of con- closing the information is clearly out- Mr. Chairman, this amendment is designed fidential information, but will not allow the seal- weighed by a specific and substantial inter- to prevent the sealing of information regarding ing of information that may harm the public.

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 E:\CR\FM\A13MR7.010 pfrm01 PsN: H13PT1 H860 CONGRESSIONAL RECORD — HOUSE March 13, 2002 When it comes to health and safety, public Well, let’s exercise our collective conscience modified, offered by the gentleman access to class action lawsuit materials is ab- and do the right thing. Let’s remember those from New York (Mr. NADLER). solutely essential. I urge my colleagues to families, who were the victims of corporate se- The question was taken; and the support the Nadler/Delahunt/Johnson Amend- crecy and greed. It’s time to let the sunshine Chairman pro tempore announced that ment. in, before more innocent people are hurt. the ayes appeared to have it. Mr. KUCINICH. Mr. Chairman, today Con- Ms. EDDIE BERNICE JOHNSON of Texas. Mr. NADLER. Mr. Chairman, I de- gress is considering a bill to make it easier for Mr. Chairman, I urge members of this body mand a recorded vote. corporations to avoid compensating victims for who care about the health and safety of the The SPEAKER pro tempore. Pursu- injuries corporations and their products cause. public to support the Amendment I offer today ant to clause 6 of rule XVIII, further But current law is already heavily skewed to- with my colleagues Mr. DELAHUNT and Mr. proceedings on the amendment offered ward their interests, and the public health suf- NADLER. by the gentleman from New York (Mr. fers as a result. This amendment will require a judge to look NADLER) will be postponed. Case in point is the gag order on victims at the facts and determine whether the plain- It is now in order to consider Amend- who receive a settlement. Under current law, tiff’s interest in privacy outweigh the public’s ment No. 3 printed in House Report victims receiving compensation under a settle- need and right to know. Often plaintiffs who 107–375. ment of a class action suit can be required not find themselves in difficult circumstances will AMENDMENT NO. 3 OFFERED BY MR. CONYERS to disclose the dangers, evidence and admis- agree to seal documents in order to obtain a Mr. CONYERS. Mr. Chairman, I offer sions made by the corporate criminal as a settlement. These plaintiffs and their attorneys an amendment. condition of settlement. As a result, dangerous are looking out for their own interests. This is The CHAIRMAN pro tempore. Is the products remain on the market and able to do understandable. When faced with the prospect gentleman from Michigan (Mr. CON- harm to an unknowing public. of not obtaining a settlement or going along YERS) a designee of the gentlewoman In a society dedicated to safety and secu- with the defendant’s demands to seal the doc- from California (Ms. WATERS)? rity, there is no place for these gag orders. uments and forever keep them secret, few PARLIAMENTARY INQUIRY Safety and security cannot be realized with people will jeopardize their own recovery. And Mr. SENSENBRENNER. Mr. Chair- secrecy agreements. The Nadler/Delahunt/ that is why the interests of justice demand that man, parliamentary inquiry. Johnson amendment is narrowly drafted to a judge review these agreements. The parties The CHAIRMAN pro tempore. The clear the way for disclosure of information un- involved in the suit are consumed with pur- gentleman from Wisconsin will state earthed in settled class action cases that suing their own interests. Only a judge is re- it. would benefit the public health. quired to keep the public interests in mind and Mr. SENSENBRENNER. Mr. Chair- It is a fact that enforcing the Nation’s prod- to look down the road and determine what ef- man, I believe that the rule that was uct liability laws rests in part on citizen-suits fect secrecy will have on future litigants. Flor- adopted, House Resolution 367, requires brought as class actions. But prevention is ida, Texas and Washington all have rules pro- that amendments may be offered only worth a pound of cure. If we repeal the gag hibiting secrecy in cases involving defective by the Member designated in the report rule on evidence of dangerous products, we products. And several states, including Cali- and not by a designee. Am I correct? will make society a safer, more secure place fornia and Illinois, through their court rules re- The CHAIRMAN pro tempore. That is for the Nation’s citizens. Vote ‘‘yes’’ on Nadler. quire that a judge review any secrecy deal. not correct. A designee may offer the Mr. DELAHUNT. Mr. Chairman, I urge a Mr. Speaker, the public needs this protection amendment. ‘‘yes’’ vote on this amendment. and this body should not refuse to provide or- Mr. CONYERS. Mr. Chairman, I ask It is simple and straightforward. And it’s dinary people with the means to pursue justice unanimous consent to offer an amend- been well-presented and fully explained by in the courts of this land. ment and present it on behalf of the Let me just outline a few instances in which previous speakers. It outlaws a practice that gentlewoman from California (Ms. WA- these secret agreements have endangered the has cost the lives of hundreds, if not thou- TERS). public health and safety: sands, of Americans—the sealing of court The CHAIRMAN pro tempore. That My colleagues have discussed the Firestone records in class action settlements where the unanimous consent request is not in Tire case in which plaintiffs in over 50 cases order in the Committee of the Whole. health and safety of the public are at risk. all over the country were required to agree to And if you have any doubts about the con- Mr. CONYERS. Mr. Chairman, may I secret settlements before the problems with ask unanimous consent that we move sequences of this practice, just ask the fami- these tires finally came to light. We have all lies of those who lost loved ones who were to the next amendment and reserve the heard of the injuries that resulted from people opportunity to bring it up later? driving Ford Explorers outfitted with Firestone unwittingly continuing to drive on these defec- tires. At last count, 271 people had died. The CHAIRMAN pro tempore. That tive tires. request is also not in order in the Com- The company knew about the problem. But In 1999 alone, about 300 asbestos lawsuits mittee of the Whole. insisted on secrecy as a condition of settle- were settled for $200 million in Cook County ment. And just kept on selling those tires to an Illinois. That deal kept secret not only the dan- PARLIAMENTARY INQUIRY unsuspecting public who were unaware of the gers uncovered but also the exact number of Mr. SENSENBRENNER. Mr. Chair- danger. plaintiffs, their injuries and the amount re- man, parliamentary inquiry. In committee, the lead sponsor of the bill ceived by each. The CHAIRMAN pro tempore. The stated that publicizing the details of settlement In 2000, BP Amoco reached an out of court gentleman from Wisconsin. agreements would deter people from entering deal with one former employee and the es- Mr. SENSENBRENNER. Mr. Chair- into them. Let’s be clear. There is absolutely tates of four others, settling lawsuits that man, under the rule, which amendment no evidence to support that claim. claimed the five developed brain tumors as a may be offered now? And he further suggested that the amend- result of working at Amoco’s Naperville re- The CHAIRMAN pro tempore. Right ment would eliminate an effective negotiating search center. The company insisted that the now, Amendment No. 3 by the gentle- tool for plaintiffs. His concern for plaintiffs and amount it paid be kept secret. But two of the woman from California (Ms. WATERS) is hard-working American families is noble. But I settlements were revealed when a Judge in- in order. can’t quite believe that the U.S. Chamber of sisted that wrongful death benefits be made POINT OF ORDER Commerce and the National Association of public. Mr. CONYERS. Mr. Chairman, a Manufacturers, who support this bill, share Mr. Chairman, we must follow the lead of point of order. Can the gentlewoman that same concern. I believe that would be a Texas and several other states. We must as- from California (Ms. WATERS) offer her real stretch, Mr. Chairman. sure that the secrecy which has become so amendment at a later time? But even if it were true, I submit that the fashionable lately not overtake our judicial sys- The CHAIRMAN pro tempore. Only price of secrecy is too high if it costs a single tem and deny justice to ordinary people who by unanimous consent granted by the human life. have been harmed by the negligence of others House. That unanimous consent re- Consumers are entitled to know when there or defectively made products. I urge my col- quest is not in order in the Committee are dangerous and defective products on the leagues to support this amendment. in the Whole. Under the rule, amend- market. They are entitled to the information Mr. NADLER. Mr. Chairman, I yield ments only may be offered printed in that will protect them and their families from back the balance of my time. the report. the unconscionable conduct that we witnessed The CHAIRMAN pro tempore. The Mr. SENSENBRENNER. Mr. Chair- in the Firestone case. question is on the amendment, as man, I call for regular order.

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.013 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H861 The CHAIRMAN pro tempore. Is the The CHAIRMAN pro tempore. The that shreds documents, other parties gentleman from Michigan (Mr. CON- Clerk will designate the amendment. will never be able to use the documents YERS) a designee of the gentlewoman The text of the amendment is as fol- to prove their case. from California (Ms. WATERS)? lows: Under my amendment, any party Mr. CONYERS. Mr. Chairman, I am. Amendment No. 3 offered by Ms. WATERS: that withholds or destroys material re- The CHAIRMAN pro tempore. If the Page 9, insert the following after line 20 lated to a court discovery order would gentleman from Michigan (Mr. CON- and redesignate the succeeding section ac- be deemed to have admitted to any fact YERS) is a designee of the gentlewoman cordingly: relating to the discovery order. Before from California (Ms. WATERS), the gen- ‘‘§1716. Withholding or destruction of mate- that can happen, it would have to be tleman from Michigan is recognized to rial proven that the party did, in fact, de- offer Amendment No. 3. ‘‘If the court in a class action issues a dis- stroy or withhold those documents or Mr. CONYERS. Mr. Chairman, I offer covery order and a party to which the order that the party made a misrepresenta- Amendment No. 3. is directed withholds or destroys material tion as to their existence; but once The CHAIRMAN pro tempore. The subject to the order or makes a misrepresen- that has been proven, the party that Clerk will designate the amendment. tation with respect to the existence of such engaged in illegal activity would have The text of the amendment is as fol- material, such action by that party shall be deemed an admission of any fact with re- essentially admitted to the facts relat- lows: spect to which the order was issued. ing to the discovery order. That party Amendment No. 3 offered by Mr. CONYERS: Page 6, in the matter preceding line 1, would no longer have the option of ar- Page 9, insert the following after line 20 strike the item relating to section 1716 and guing that it did not do the facts al- and redesignate the succeeding section ac- insert the following: leged under that order. cordingly: ‘‘1716. Withholding or destruction of mate- Keep in mind that this amendment ‘‘§1716. Withholding or destruction of mate- rial. would not impact on the facts of the rial ‘‘1717. Definitions.’’. case. It only addresses the facts di- ‘‘If the court in a class action issues a dis- rectly related to the discovery order covery order and a party to which the order MODIFICATION TO AMENDMENT NO. 3 OFFERED BY MS. WATERS that was violated. is directed withholds or destroys material All this amendment does is to ask subject to the order or makes a misrepresen- Ms. WATERS. Mr. Chairman, I ask tation with respect to the existence of such unanimous consent to modify the that parties comply with court orders. material, such action by that party shall be amendment and further request that It says if they have broken the law by deemed an admission of any fact with re- such modification be considered as destroying or withholding evidence, spect to which the order was issued. read. then they cannot deny the allegations Page 6, in the matter preceding line 1, The CHAIRMAN pro tempore. Is under the discovery request; we are strike the item relating to section 1716 and there objection to the request of the going to rule that they are guilty with insert the following: regard to the information destroyed or ‘‘1716. Withholding or destruction of mate- gentlewoman from California? There was no objection. withheld. rial. This amendment provides a common- ‘‘1717. Definitions.’’. The text of Amendment No. 3, as modified, is as follows: sense approach to a very serious prob- PARLIAMENTARY INQUIRY lem. We should provide a strong dis- Mr. SENSENBRENNER. Mr. Chair- Page 10, insert the following after line 4 incentive to companies that think de- man, parliamentary inquiry. and redesignate the succeeding section ac- cordingly: stroying documents is a way to save The CHAIRMAN pro tempore. The their case. gentleman from Wisconsin will state ‘‘§1716. Withholding or destruction of mate- Mr. Chairman, I know that there are rial his inquiry. a lot of people who are tired of hearing Mr. SENSENBRENNER. Mr. Chair- ‘‘If the court in a class action issues a dis- covery order and a party to which the order about Enron, but Enron is not going to man, I have the text of House Resolu- go away. The collapse of Enron rep- tion 367 before me, and the relevant is directed withholds or destroys material subject to the order or makes a misrepresen- resents the largest corporate failure in part says each such amendment may be tation with respect to the existence of such American history. At its height, offered only in the order printed in the material, such action by that party shall be Enron’s total market capitalization report, may be offered only by a Mem- deemed an admission of any fact with re- was over $90 billion while today it ber designated in the report and shall spect to which the order was issued. trades at less than 25 cents a share. be divided and controlled by the pro- Page 6, in the matter preceding line 7, Enron’s collapse resulted in tens of bil- ponent and opponent. The words ‘‘or a strike the item relating to section 1716 and lions of losses for individual investors insert the following: designee’’ is not in the rule. It is not in and pension funds. the text of the summary provisions of ‘‘1716. Withholding or destruction of mate- Mr. Chairman, I am absolutely sur- the resolution in House Report 107–375, rial. prised that even with all of us knowing ‘‘1717. Definitions.’’. but is in a head note. and understanding what took place at The CHAIRMAN pro tempore. House The CHAIRMAN pro tempore. Pursu- Enron, and each day we continue to Resolution 367 says ‘‘a Member des- ant to House Resolution 367, the gen- learn more, I am surprised that we still ignated in the report’’ and House Re- tlewoman from California (Ms. WA- have efforts anywhere to try and pro- port 107–375 designate ‘‘the gentle- TERS) and a Member opposed each will tect our corporations that not only are woman from California (Ms. WATERS), control 10 minutes. involved in wrongdoing, such as Enron, or designee.’’ Under those cir- The Chair recognizes the gentle- but Enron has gone beyond wrong- cumstances, the gentleman from woman from California (Ms. WATERS). doing. It has tried to cover its tracks Michigan (Mr. CONYERS) is recognized Ms. WATERS. Mr. Chairman, I yield by shredding documents, and they did as a designee. myself such time as I may consume. not just shred, get caught and stop. Does the gentleman from Michigan My amendment seeks to prevent a After it was discovered that they were (Mr. CONYERS) wish to withdraw his of- disgraceful action taken by some de- shredding documents, they shredded fering of the amendment as the des- fendants. Specifically, it addresses the more documents. It is absolutely unbe- ignee of the gentlewoman from Cali- problems of withheld or shredded docu- lievable what we are learning about fornia? ments. We have recently heard allega- Enron. Mr. CONYERS. Mr. Chairman, I ask tions that Enron and Arthur Andersen We not only wish to protect our con- unanimous consent to withdraw the have engaged in document shredding. sumers against the Enrons and the amendment. Those documents were being sought by Global Crossings of the world and oth- The CHAIRMAN pro tempore. Is lawyers for the company’s former em- ers that we are going to find out about, there objection to the request of the ployees, by Members of Congress and we want to create statutes that will to gentleman from Michigan? by government investigators. help to shine the light on these cor- There was no objection. In any lawsuit involving shredded porations in every conceivable way. It AMENDMENT NO. 3 OFFERED BY MS. WATERS documents, the information those doc- goes beyond the need for transparency. Ms. WATERS. Mr. Chairman, I offer uments contain may be lost forever. So We still have those who would argue, Amendment No. 3. while a court may sanction a party and just a moment ago I was in our

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.057 pfrm01 PsN: H13PT1 H862 CONGRESSIONAL RECORD — HOUSE March 13, 2002 Committee on Financial Services faces; and literally, in the way they are the American legal system for a court where I had someone from American acting, they are daring us to do some- to have the authority to simply decide Enterprise arguing that we should not thing about it. facts without proof. The amendment of interfere, we should not try and create Mr. CONYERS. If the gentlewoman the gentlewoman from California (Ms. too many laws, we should allow the will continue to yield, I would ask her WATERS) proposes to do that. marketplace to work their will, correct if her amendment, then, would hold The gentlewoman’s amendment itself. them accountable and reinforce any ex- strikes at the heart of so many con- I am sorry, we cannot watch people isting remedies against shredding, stitutional protections intended to pro- be harmed. We cannot watch investors sanctions of the court, criminal pros- tect the rights of all Americans when harmed. We cannot watch pensioners ecution, and emphasizes this, in the they are brought before the court, and harmed and say, Well, Enron is going face of the arrogance that has been dis- it sticks the thumb on the scale of jus- to go down and that is the price they played in this case, and perhaps other tice against those rights that have will pay. cases that have not even come to light? been protected both by court rules and How many times do we have to watch Ms. WATERS. Mr. Chairman, the statutes, as well as the Constitution of consumers hurt? How many times do gentleman is absolutely correct. Every- the United States. we have to unveil the manipulations of body knows about the shredding that For that reason, and for that reason the greedy corporations of America took place in Enron. We have all the alone, it ought to be rejected. But I that will take advantage of anybody employees who said, yes, we did it; would like to talk about two things. that it has the opportunity to take ad- they told us to do it. And so what we The other side keeps on talking about vantage of? have here is such an admission and Enron, and we will confront that di- This business of shredding documents knowledge by so many people that with rectly. Enron is broke. No matter what should have us all outraged, but we do my amendment here they would not be comes out of the bankruptcy court, the not hear a chorus of voices coming able to get out from under the fact people that have lost money in their from those who are trying to protect that they absolutely committed the 401(k)s and had employment contracts Enron and the other corporations of shredding of the documents. ripped up and all of that are not going America who are manipulating their Mr. CONYERS. Well, Mr. Chairman, I to get very much money out of it. I consumers. What we hear is, Let us want to thank the gentlewoman on be- think that is a given. And that is a make a few new rules, not too many, half of many of us on the committee shame, and it is something that we are let us do something to let the Amer- for a very timely, appropriate, and going to have to get into in another ican public know we hear them, but let very sensible provision in the light of forum. But the law is quite clear that us not do too much. what has come to become common the destruction of subpoenaed docu- knowledge to everyone in the country ments is a criminal obstruction of jus- b 1345 now. tice, and this bill does not change that Well, I want to make sure that we Ms. WATERS. Reclaiming my time criminal statute. This bill does not pass laws in this Congress that will not once again, Mr. Chairman, the gen- deal with the criminal law in any re- only deal with the tricks of Enron and tleman is certainly welcome, and let spect whatsoever. the way that they created all of these me just say this to him. I believe that If people did do that destroying of phony and funny companies, but I also as we legislate in this Congress, we documents, as we have read that they want to deal with the accounting must take every opportunity to close did, they should be indicted and pros- firms. I want to make sure they are every loophole, shut every door, shut ecuted. And if the jury finds them never able again to receive consulting down every opportunity for any cor- guilty, they should go to jail and they fees from the same company that it is poration in America to ever do again should go to jail for a long time. But I supposed to be auditing; never able what Enron and what appears Global think they deserve a fair trial just like again to turn a blind eye to the prac- Crossing is doing and has done. everybody else who is accused of a tices of the corporation. I hate to repeat it because I know crime. Because they happen to be asso- We cannot do all of that in this legis- people do not want to keep hearing it, ciated with Enron or Arthur Andersen lation. This is about something else. but I know the stories of Enron em- really should not make any difference. But we have an opportunity here to do ployees who had paid into their 401(k)s. Because if we erode the right of a fair something about the shredding of docu- They only had $400,000 for their retire- trial to those defendants, we have set a ments. The shredding of documents ment to last them for the rest of their precedent that is going to bite the peo- shows intent, intent to hide something, lives. It is gone. It is gone. There is ple of this country and this Congress intent to make sure there is not a cer- nothing that anybody can say about us for years and years to come. The way tain kind of discovery. It is really being too involved, overlegislating, at- to keep the lid on Pandora’s box is to criminal on its face. The shredding of tempting to micromanage. There is reject the amendment of the gentle- documents by a major corporation in nothing that anybody can say that woman from California. the middle of a scandal, where they should keep us from using every oppor- Now, the second thing I would like to have declared this huge bankruptcy, tunity. bring up is let us run the wheel back cannot be left untouched. The CHAIRMAN pro tempore (Mr. about 31⁄2 or 4 years. There were certain Mr. CONYERS. Mr. Chairman, will SWEENEY). The time of the gentle- e-mails in the Clinton White House the gentlewoman yield? woman has expired. that were destroyed after having been Ms. WATERS. I yield to the gen- Mr. SENSENBRENNER. Mr. Chair- subpoenaed by the Committee on Gov- tleman from Michigan. man, I yield myself such time as I may ernment Reform. Now, under the Mr. CONYERS. Mr. Chairman, I consume, and I rise in opposition to the amendment of the gentlewoman from would ask the gentlewoman, is it not amendment. California, whatever the gentleman true that in the Enron case that the Mr. Chairman, I rise in opposition to from Indiana (Mr. BURTON), the chair- shredding was flagrant and outrageous this amendment because it confuses man of the Committee on Government in the sense that even after they were discovery orders with factual evidence Reform, thought he was looking for discovered shredding, they continued and appears to give the court discre- would have been admitted as evidence to shred? tion to admit unproven facts into evi- and as fact and could not be im- Ms. WATERS. Reclaiming my time, dence. This not only undermines the peached, even though the destroyed e- Mr. Chairman, that is absolutely cor- bill but it undermines the very notion mails might have had nothing to do rect; and that is what is so outrageous of a fair trial that our judicial system with what he put in his subpoena. That about it all. They started shredding is based upon. is the type of Pandora’s box that this early, they continued shredding, and There are rules for a fair trial: the misdrafted amendment is opening up. even after it was discovered, they right to confront your accuser, a right And I think my friends on the other shredded some more. to a jury in some instances, and a rule side of the aisle, including the gentle- So what they have done is to flaunt that allows both sides to discover in- woman from California and the gen- their criminal activity in all of our formation. But there is no precedent in tleman from Michigan, who were most

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.061 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H863 eloquent in their defense of the former The amendment says if documents for debate on amendment No. 3 has ex- President, regardless of what the facts subject to a discovery order are de- pired. were, would have really talked about stroyed or withheld such action shall The question is on the amendment, how unfair a Waters provision would be deemed an admission of any fact as modified, offered by the gentle- have been relating to those destroyed with respect to which the order was woman from California (Ms. WATERS). e-mails. So I think that if it would issued. The problem is that discovery The question was taken; and the have been bad as it applied to former orders normally are not issued with re- Chairman pro tempore announced that President Clinton, it is bad if it applies spect to facts. The orders normally say the noes appeared to have it. to Enron or anybody else. We should that certain categories of documents Mr. CONYERS. Mr. Chairman, I de- not open up the Pandora’s box. should be retained or produced. mand a recorded vote, and pending Mr. Chairman, I yield 2 minutes to For example, the order may say that, I make the point of order that a the gentleman from Utah (Mr. CAN- produce all letters sent between person quorum is not present. NON). A and person B; or the order may say The CHAIRMAN pro tempore. Pursu- Mr. CANNON. Mr. Chairman, I thank preserve all documents regarding sub- ant to clause 6 of rule XVIII, further the gentleman for yielding me this ject X. Thus, the punch line to this proceedings on the amendment offered time, and I rise in opposition to this amendment does not make any sense. by the gentlewoman from California amendment. It is frivolous. Its premise If a party withheld a letter sent be- (Ms. WATERS) will be postponed. is that courts cannot or do not have tween person A and person B, what fact The point of no quorum is considered the power to sanction wrongdoing by would be admitted? And if a party de- withdrawn. parties in discovery or that the system stroyed a document regarding subject b 1400 itself does not prosecute crimes when X, what facts would be admitted? they occur in our court system. In sum, the amendment is fatally The CHAIRMAN pro tempore (Mr. But, Mr. Chairman, the Democrats flawed because it bears no relationship SWEENEY). It is now in order to con- have talked today about Enron. They to how civil discovery really works. sider amendment No. 4 printed in have talked about prescription drug Second, and perhaps more importantly, House Report 107–375. benefits, they have talked about apple the amendment would actually disrupt AMENDMENT NO. 4 OFFERED BY MR. KELLER juice, tires and the environment. Our and water down existing rules that Mr. KELLER. Mr. Chairman, I offer friend from Texas even raised my con- apply to the destruction or withholding an amendment. stituents in San Juan County, Utah. of documents in the discovery process. The CHAIRMAN pro tempore. The Yes, each of these cases presents ter- Federal Rule of Civil Procedure 37 al- Clerk will designate the amendment. rible tragedies committed by one party ready provides for an array of sanc- The text of the amendment is as fol- against a group of others. But this de- tions if a party destroys or withholds lows: bate is not about whether the plaintiffs documents. The court may order that Amendment No. 4 offered by Mr. KELLER: Page 9, insert the following after line 20 in each of these cases is entitled to sue certain facts be admitted. The court and redesignate the succeeding section ac- or even entitled to seek class action may order that a party may not intro- cordingly: status. I have heard no one in this duce certain defensive evidence at ‘‘§ 1716. Disclosure of attorney’s fees Chamber calling for doing away with trial. The court may order that mone- ‘‘Any court with jurisdiction over a plain- class action lawsuits. This debate is tary sanctions be paid. And most im- tiff class action shall require that, if there is about where the cases are heard, Fed- portantly, the court may order a de- a settlement of the class action or a judg- eral or State court, and that is it. fault judgment. The court may issue an ment for the plaintiffs, the attorneys for the When our friends on the other side of order that the party that disobeyed a plaintiffs shall disclose to each plaintiff— the aisle talk about Enron, prescrip- discovery order loses the entire case ‘‘(1) at the time when any payment or tion drugs, truck tires, the environ- and must pay the plaintiffs what they other award is transmitted to the plaintiff in ment, or my constituents in San Juan requested. accordance with the settlement of judgment, or County, what they are doing is to There is a considerable risk that ‘‘(2) in a case in which no such payment or change the subject. Make no mistake, courts would view this amendment as award is made to a plaintiff, at the time they do not want to talk about multi- replacing this very tough rule 37 in the when notice of the final settlement or judg- million dollar awards for trial lawyers context of class actions. The amend- ment is transmitted to such plaintiff, while Americans get coupons in the ment only requires admissions. Rule 37 the full amount of the attorney’s fees mail. authorizes a court to impose much charged by the attorneys for services ren- It is not often I agree with The Wash- more serious penalties. Thus, this dered in the action. ington Post editorial page, but today I amendment likely would substantially Page 6, in the matter preceding line 1, do. The current system is obscene. weaken existing law in addressing and strike the item relating to section 1716 and Trial lawyers take advantage, the lit- correcting discovery abuses in the con- insert the following: text of class actions. ‘‘1716. Disclosure of attorney’s fees. tle guys get taken to the cleaners, and ‘‘1717. Definitions.’’. consumers ultimately pay the price in Rule 37 is a preferable approach to the form of higher prices. discovery abuse issues because it AMENDMENT NO. 4, AS MODIFIED, OFFERED BY This legislation deserves everyone’s awards various levels of sanctions that MR. KELLER support. I encourage a vote against may be imposed depending upon the se- Mr. KELLER. Mr. Chairman, I ask this amendment and for H.R. 2341. riousness of discovery abuse. Not every unanimous consent to modify the Mr. SENSENBRENNER. Mr. Chair- document destruction or withholding amendment and further request that man, how much time do I have remain- situation is the same, and rule 37 al- such modification be considered as ing? lows courts to impose even stronger read. The CHAIRMAN pro tempore. The sanctions than this amendment, if the The CHAIRMAN pro tempore. Is gentleman from Wisconsin has 31⁄2 min- circumstances warrant. there objection to the request of the utes. The chairman of the Committee on gentleman from Florida? Mr. SENSENBRENNER. Mr. Chair- the Judiciary is exactly right. If we There was no objection. man, I yield the balance of my time to allow a person making an allegation The text of the amendment, as modi- the gentleman from Virginia (Mr. and then demanding a production of fied, is as follows: GOODLATTE). documents to be deemed to have prov- Amendment No. 4, as modified, offered by Mr. GOODLATTE. Mr. Chairman, I en their point; that whatever they al- Mr. KELLER: Page 10, insert the following after line 4 thank the gentleman for yielding me lege was in those documents to have and redesignate the succeeding section ac- this time. been what that party alleged, a serious cordingly: There are two major problems with misjustice will occur and abuses will ‘‘§ 1716. Disclosure of attorney’s fees this amendment, which I strongly op- crop up all throughout our legal sys- ‘‘Any court with jurisdiction over a plain- pose and which is not well thought out. tem. This is a bad approach and I urge tiff class action shall require that, if there is First, it betrays a serious misunder- my colleagues to oppose it. a settlement of the class action or a judg- standing about how discovery works in The CHAIRMAN pro tempore. The ment for the plaintiffs, the attorneys for the civil litigation. gentleman’s time has expired. All time plaintiffs shall disclose to each plaintiff—

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.080 pfrm01 PsN: H13PT1 H864 CONGRESSIONAL RECORD — HOUSE March 13, 2002 ‘‘(1) at the time when any payment or The CHAIRMAN pro tempore. Does recommendations from experts on how other award is transmitted to the plaintiff in the gentleman from Texas rise in oppo- best to ensure that they are fair and accordance with the settlement of judgment, sition? reasonable. Let us not put the cart be- or Mr. SANDLIN. Mr. Chairman, I rise fore the horse. Let us not make change ‘‘(2) in a case in which no such payment or award is made to a plaintiff, at the time in opposition. and then do a study. If we want to see when notice of the final settlement or judg- The CHAIRMAN pro tempore. The if fees are fair, if they are equitable, if ment is transmitted to such plaintiff, gentleman from Texas is recognized for they are based upon the law, let us do the full amount of the attorney’s fees 10 minutes. the study and see what the study says; charged by the attorneys for services ren- Mr. SANDLIN. Mr. Chairman, I yield then we can look at the changes. dered in the action. myself such time as I may consume. The change should be applicable to Page 6, in the matter preceding line 7, Everyone is interested in fairness. the plaintiffs, the change should be ap- strike the item relating to section 1716 and Everyone is interested in transparency. plicable to the defendants. I think the insert the following: I think no one has any opposition to gentlewoman from Pennsylvania’s ap- ‘‘1716. Disclosure of attorney’s fees. making sure that both sides in the liti- proach would better ensure that we are ‘‘1717. Definitions.’’. gation and the court know about the addressing the real problems. The CHAIRMAN pro tempore. Pursu- amount of attorneys’ fees, and that is I urge my colleagues to defeat this ant to House Resolution 367, the gen- fine. amendment. If you want to review at- tleman from Florida (Mr. KELLER) and But this amendment is one-sided, Mr. torneys’ fees on both sides, then sup- a Member opposed each will control 10 Chairman, because this amendment re- port HART, support the study. But do minutes. quires only that the plaintiffs’ attor- not support one-sided legislation and The Chair recognizes the gentleman ney reveal the amount of fees to the then have the nerve to get up here and from Florida (Mr. KELLER). clients. That is fair to neither the put the word ‘‘fairness’’ in the name of Mr. KELLER. Mr. Chairman, I yield plaintiffs nor the defendants. the bill. We know there is nothing fair myself such time as I may consume. Also, our friends on the other side of about this bill. Mr. Chairman, this is a straight- the aisle forget to note that courts al- Mr. Chairman, I reserve the balance forward amendment relating to the dis- ready review fees with a long laundry of my time. closure of attorneys’ fees. Simply put, list of issues and criteria such as time The CHAIRMAN pro tempore. The if there is a settlement or a judgment and labor involved, novelty and dif- Chair would note that the gentleman for the plaintiffs in a class action suit, ficulty of the questions, skill requisite from Texas is not a member of the the plaintiffs’ attorneys shall be re- to perform the employment, the cus- committee. Therefore, the gentleman quired to disclose to their own clients tomary fees and things such as that. So from Florida has the right to close. Mr. KELLER. Mr. Chairman, I yield 3 the full amount of the attorneys’ fees our position is that what is good for minutes to the gentleman from Vir- they are charging. the goose is good for the gander. If we Why is this necessary? Too often, ginia (Mr. GOODLATTE). want to have transparency and we Mr. GOODLATTE. Mr. Chairman, I lawyers cash in while the client gets a want to know what the fees are, let us coupon or a de minimis cash payment. thank the gentleman from Florida for talk about the fees on both sides so ev- yielding me this time. I commend him For example, in a class action suit eryone knows where we are. against General Mills over a food addi- for offering this amendment and I I wonder if the gentleman from Flor- strongly support it. Let me tell you tive in Cheerios cereal, lawyers were ida would be willing to consider requir- why. paid $2 million in fees while their cli- ing equal treatment for both sides, re- To the gentleman from Texas, the ents received a coupon for a free box of quire the disclosure of fees for both de- plaintiffs in a class action lawsuit do cereal. In a class action lawsuit against fense attorneys and plaintiffs’ attor- not pay the defendants’ attorneys’ fees, Chase Manhattan Bank, the lawyers neys. but they sure do in some class actions. reached a settlement which provided REQUEST TO OFFER MODIFICATION TO How about the Bank of Boston settle- the lawyers with $3.6 million in attor- AMENDMENT NO. 4 ment? Would it not have been a good neys’ fees and provided their clients Mr. SANDLIN. Mr. Chairman, I ask idea for all the plaintiffs in that case if with 33 cents each. unanimous consent that the Keller they knew, after the attorneys in the In another settlement agreement amendment be amended by inserting case were paid $8.5 million in attor- reached last year with Blockbuster, the the words ‘‘and the defendants’’ after neys’ fees, that the members of the trial lawyers received $9.25 million in ‘‘plaintiffs’’ in line 5 of the amend- class would then be sued by their own attorneys’ fees and their clients got ment. attorneys to pay $25 million more? two free movie rentals and $1-off cou- The CHAIRMAN pro tempore. The Would that not have been a useful pons. Chair only would recognize that unani- thing for the plaintiffs to have had in In a Texas class action suit against mous-consent request to make a modi- that case, when they decide whether or two auto insurance companies, the law- fication if it was made by the amend- not they want to support this par- yer who filed the suit got $8 million in ment’s sponsor himself. ticular proposed settlement of the attorneys’ fees. The policyholders got Mr. SANDLIN. Mr. Chairman, as I class? $5.50. said before, this amendment is one- Or how about the plaintiffs in the In a class action suit brought against sided and unfair. If the other side was airline case where the attorneys re- manufacturers of computer monitors, really interested in letting consumers ceived $16 million in fees, and the the trial lawyers settled the case for $6 and the court and the public know plaintiffs themselves received coupons million in attorneys’ fees for them- about fees, the other side would say the for $25 off a $250 or more airline flight, selves and $6 for their clients. The list defense should reveal the fees that the in other words, a 10 percent reduction? literally goes on and on. defense attorneys are charging, too. Many of those plaintiffs may have said This amendment simply brings some That is fair. That is equitable. They the attorneys are getting $16 million much-needed sunlight to this situation know it. and I am getting a coupon, no, I do not by requiring attorneys to disclose their The change I offered to this amend- want that settlement. They ought to own fees. It does not tell them how ment, which was rejected by the gen- know that ahead of time. much to charge, how little to charge, tleman from Florida, would have cor- How about the case against the Na- but whatever they charge they are rected that inequality. I would support tional Football League, where the at- going to have to disclose to their cli- a fair and equitable disclosure of all at- torneys received $3.7 million and the ents. torneys’ fees, and those on the other subscribers got somewhere between $8 I ask my colleagues to vote ‘‘yes’’ on side would not. and $20? Maybe they would like that, the Keller amendment and vote ‘‘yes’’ I would note that later today the maybe they would not, but they ought on final passage of the Class Action gentlewoman from Pennsylvania (Ms. to know ahead of time before they vote Fairness bill. HART) will offer an amendment to com- on the settlement. Mr. Chairman, I reserve the balance mission a study to look at, among How about the Blockbuster case? of my time. other things, attorneys’ fees and get Twenty-three class action lawsuits in

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.028 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H865 which the class members got dollar-off stark difference. They get those bills So thanks a lot for public disclosure. coupons and buy-one-get-one-free cou- on an hourly basis every month. They This is a very helpful amendment in pons; and the attorneys are estimated, know precisely what they are being trying to get what we call the venge- we do not know for sure because we do charged and how much the attorneys ance of the ex-trial lawyers in Congress not have this disclosure requirement, make. It is the poor guy who gets the on their former profession. are estimated to get $9.2 million in at- Cheerios coupon and then sees the at- b 1415 torneys’ fees. I think disclosure would torney get several million dollars who be good in that case as well. is a little bit upset. And he is the one Mr. KELLER. Mr. Chairman, I yield And then, of course, my favorite who needs some sunlight here; there al- myself such time as I may consume. Mr. Chairman, I was asked several again, this case where, against Chase ready is sunlight on the other side. questions and really did not get a Manhattan Bank, the attorneys get $4 Mr. Chairman, I reserve the balance chance to respond to them, but I will million in fees and the plaintiffs get a of my time. go ahead and respond to them now. check for 33 cents. But, of course, I re- Mr. SANDLIN. Mr. Chairman, I yield mind you again they had to mail in I was asked are you aware you al- such time as he may consume to the ready have this identical language in that acceptance, so it cost them 34 gentleman from Michigan (Mr. CON- cents to mail it in to get their 33 cents. section 1715? First, I would make the YERS), the ranking member. point if the language really were there, I bet people who knew that the attor- Mr. CONYERS. Mr. Chairman, I neys in this case were getting $4 mil- then the gentleman, of course, would would like to ask my friend on the have no objection to this amendment, lion would not vote to get a penny off committee, the author of the amend- which is what the net result of that is. which he obviously does, so that is a ment, the gentleman from Florida (Mr. little bit of a supercilious argument. Again, that is the actual check from KELLER). Is he not aware of the fact Chase Manhattan Bank. They cut all Second, having looked directly at that in most of these settlements, the section 1715, I can say that language is these checks. It cost 33 cents apiece to court requires that the amounts of re- issue the check plus more than that to not there. There is language talking covery or payment to the lawyers is re- about on the front end providing notice mail the checks to the plaintiffs. The vealed in the settlement? attorneys, of course, their check is $4 to members of the class as to a perspec- Mr. KELLER. If the gentleman will tive amount of payment. My amend- million and I think if the plaintiffs yield, I am aware that if that is the knew that, they would vote against ment deals with the actual payment case, then he should have no objection that the attorney has received after these settlements. They would let the to my amendment. court know, do not approve a settle- there has been a judgment or a settle- Mr. CONYERS. Is he aware or is he ment. So it is distinctly different and ment where all we get is a 33-cent not? check and the plaintiffs’ attorneys get is worthy of support. Mr. KELLER. I am aware that a lot Mr. Chairman, I reserve the balance a $4 million fee. of people who are members of the class I urge my colleagues to support this of my time. are shocked and appalled to find out. very good amendment. Mr. SANDLIN. Mr. Chairman, I yield Mr. CONYERS. I know they are Mr. SANDLIN. Mr. Chairman, I yield myself such time as I may consume. myself such time as I may consume. shocked, but are you aware? You know Mr. Chairman, as was indicated by The statement from our last speaker that, do you not? my friend, the gentleman from Michi- shows a gross misunderstanding of Mr. KELLER. I am not aware of that gan, fees are already revealed in settle- these suits and the way the fees are most of the time. ments. Fees are a matter of public paid. He indicated that the plaintiffs do Mr. CONYERS. You do not know record; and they are approved, the fees, not pay the attorneys. They fail to rec- that. by the court based upon certain cri- ognize that there is only so much I thank the gentleman very much. He teria that has been set out and is of money in these suits. is not aware of it. long standing approval by the courts. What are the defendants scared of? Mr. KELLER. I am aware of the op- There are two basic methods, the per- What are the Enrons of the world try- posite. centage method and the load star ing to hide? What are the accounting Mr. CONYERS. Just a moment, sir. I method. They have many of the same firms trying to hide? What do the am not yielding you any more time. elements; but they consider things, chemical manufacturers want to hide Mr. KELLER. You asked me a ques- such as an evaluation of the number of from the public? Why will they not ac- tion. hours worked, benefits secured, the na- cept fair and reasonable disclosure of Mr. CONYERS. Now that we do un- ture and complexity of the issues in- the fees charged by defense counsel? derstand that this is revealed fre- volved, the amount of money or value That is because defense counsel is quently in the court, even though the of property, the extent of the respon- charging $750 an hour, $500 an hour, gentleman did not know it before, the sibilities assumed by the attorney, or $450 an hour, countless hours with courts make this matter public. that the attorney lost employment as a scores of attorneys, most of them not The other thing is, and this is a ques- result of being employed in this case, doing any work. tion I am going to yield to you on. Are novelty and difficulty of the questions, If we are going to have transparency, you aware that in section 1715 of this time limitations, experience, reputa- if you are really interested in good bill that there is the same provision tion and ability of counsel, undesir- public policy, if you really want to that you are now offering as an amend- ability of the case, awards in similar know how much fees are being paid, ment? cases and customary fees. you should stand up there and do the I yield to the gentleman. That is the general rundown. Those right thing and say, we agree that the Mr. KELLER. To answer your first things are considered by the court and defense should reveal and show how question? fees are placed against that standard much the defense is getting in addition Mr. CONYERS. Just answer this one, when they are approved, and that is to what the plaintiffs are getting. please. Are you aware or are you not? placed in the approval. Mr. Chairman, I reserve the balance You are not. Then I suggest you look Now, true enough, attorneys do get of my time. at section 1715, and you will see that fees and do get paid; but our friends on Mr. KELLER. Mr. Chairman, I yield this request that you are making, as the other side do not want the defense myself such time as I may consume. one-sided as it is, is already in the bill to reveal that. Why not? What are they The gentleman from Texas says, well, that I guess you are supporting; and so scared of? What are they hiding? An- let us have the defense attorneys re- it is redundant. swer me why the defense will not do it. veal how much they are charging. I am impressed by the fact that de- In one case, Food Maker, Inc., as we What he does not point out is that the fense attorneys’ fees are not to be re- heard today, killed three people. The class members themselves in this vealed, but plaintiffs’ attorneys’ fees attorneys got paid in a class action, plaintiffs’ suit are bound to class ac- are to be revealed, giving up yet an- and they got paid under the criteria tions unless they affirmatively opt out. other secret of the practice, namely, that I read to you. Defendants, in contrast, actually hire that defense lawyers frequently get far In another case, a sulfuric acid com- and fire their attorneys. There is a more than plaintiffs’ lawyers. pound leaked from a car in a General

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.069 pfrm01 PsN: H13PT1 H866 CONGRESSIONAL RECORD — HOUSE March 13, 2002 Chemicals Richmond, California, plant; nothing to do with the merit or lack of ment No. 5 so that the page numbers 24,000 people sought medical treatment. merit or any particular class action. It comport with the report this morning. The attorneys were paid, and they were has nothing to do with how much they The CHAIRMAN pro tempore. The paid based upon this criteria. can charge. It simply relates to disclo- Clerk will report the amendment, as There was another case where we had sure of attorney fees, shedding some modified. $50 million to a class of 3,500 people liv- sunlight on the situation. The Clerk read as follows: ing near a pesticide plant contami- The second thing we have heard is Amendment No. 5, as modified, offered by nated in New Orleans. The amount paid this language of the Keller amendment Ms. LOFGREN: to each plaintiff depended on the years is already in the bill. Well, it is not in Page 15, line 15, strike ‘‘if—’’ and all that they lived in the area, the extent of ex- the bill; but even if it were, then so be follows through page 16, line 2, and insert the posure, whether they owned their land, it. That would be great news. Vote for following: ‘‘if monetary relief claims in the what illnesses arose, did they increase final passage. action are proposed to be tried jointly in any respect with the claims of 100 or more other in severity, all reasonable things. The The third thing we hear is, well, de- persons on the ground that the claims in- attorneys were paid. They were paid fense attorneys should be required to volve common questions of law or fact.’’. based on the criteria approved by the tell their clients how much they Page 16, line 6, strike ‘‘The’’ and all that court and by the law. charge. In fact, they do. In fact, de- follows through ‘‘subparagraph (A).’’ on line Lawyers recently filed assault in New fense attorneys, unlike the poor people 9. Jersey on behalf of by diabetics who in the class, actually hire and fire their Page 16, line 12, strike ‘‘subparagraph (B)’’ used the prescription drug Rezulin to attorneys. They get a monthly state- and insert ‘‘this paragraph’’. lower blood sugar levels. It was mar- ment as to how much they are being Ms. LOFGREN (during the reading). keted as safe, but later it was showed charged. There already is full disclo- Mr. Chairman, I ask unanimous con- that it caused severe liver damage, sure on that side. So there is a clear sent that the modification be consid- liver failure or death in 100 cases. It distinction. ered as read and printed in the RECORD. was shown the manufacturer know- Mr. Chairman, I urge my colleagues The CHAIRMAN pro tempore. Is ingly concealed facts about the dangers to vote ‘‘yes’’ on the Keller amend- there objection to the request of the of the drug from the consumers and the ment. Let us bring some much-needed gentlewoman from California? FDA in order to increase sales and sunlight to this situation to require at- There was no objection. make more money. They reached a set- torneys to disclose their fees. The CHAIRMAN pro tempore. With- tlement, and, you know what? The at- Mr. KELLER. Mr. Chairman, I yield out objection, the modification is torneys were paid, as they should have back the balance of my time. agreed to. been, based upon the criteria approved The CHAIRMAN pro tempore (Mr. There was no objection. by the law. SWEENEY). The question is on the The CHAIRMAN pro tempore. Pursu- It is transparent, it is clear. Every- amendment, as modified, offered by the ant to House Resolution 367, the gen- one knows what the plaintiff gets. Ev- gentleman from Florida (Mr. KELLER). tlewoman from California (Ms. eryone knows what they are paid. And The amendment, as modified, was LOFGREN) and a Member opposed each the people here that are hiding some- agreed to. will control 10 minutes. thing are over on that side of the aisle WITHDRAWAL OF REQUEST FOR RECORDED VOTE The Chair recognizes the gentle- that say we refuse to let you know ON AMENDMENT NO. 2, AS MODIFIED, OFFERED woman from California (Ms. LOFGREN). BY MR. NADLER what defense gets; we refuse to let you Ms. LOFGREN. Mr. Chairman, I yield Mr. NADLER. Mr. Chairman, earlier know what the insurance lawyers are myself such time as I may consume. I asked for a recorded vote on amend- paid; we refuse to let you know what Mr. Chairman, there is no doubt that ment No. 2, as modified. I ask unani- corporate America’s attorneys get there have been problems in the area of mous consent to withdraw that re- paid, because it would offend people class action lawsuits. We have heard quest. such as Enron. some reference to those problems here The CHAIRMAN pro tempore. With- If you want to protect corporate today, and certainly the Committee on out objection, the recorded vote re- wrongdoers, you need to just get up the Judiciary heard testimony about quested by the gentleman from New there and say it and say that is what some of the issues that do need to be York (Mr. NADLER) on amendment No. we are doing, because there is no ex- addressed. 2, as modified, is withdrawn. cuse to say it should be transparent on However, the fact that there are There was no objection. one side but not transparent on the problems with coupon settlements does The CHAIRMAN pro tempore. The not mean that we can adopt any old other. If you want to be fair, be fair; amendment is agreed to pursuant to stand up, be fair about it. If you want thing as a remedy. In fact, this bill has the voice vote taken earlier today. some flaws, and the amendment before to be partisan, if you want to protect It is now in order to consider amend- the body now is a very important corporate wrongdoers, just get up there ment No. 5 printed in House Report amendment because it cures one of and say it, because that is exactly 107–375. what you are doing. those flaws. AMENDMENT NO. 5 OFFERED BY MS. LOFGREN Mr. Chairman, I yield back the bal- This is an amendment that is very Ms. LOFGREN. Mr. Chairman, I offer ance of my time. important for local prosecutors. H.R. an amendment. Mr. KELLER. Mr. Chairman, I yield 2341, oddly enough, prevents district The CHAIRMAN pro tempore. The myself such time as I may consume. attorneys from taking civil actions to Clerk will designate the amendment. Mr. Chairman, this is a straight- benefit the public under the guise of The text of the amendment is as fol- forward amendment. We are just shed- ‘‘class action reform.’’ lows: ding some sunlight on the situation This provision of the bill is opposed Amendment No. 5 offered by Ms. LOFGREN: and requiring that the plaintiffs’ attor- Page 15, line 6, strike ‘‘if—’’ and all that by the California District Attorneys’ neys tell their clients the full amount follows through line 17 and insert the fol- Association, and that is because this of fees they are charging. It is as sim- lowing: ‘‘if monetary relief claims in the ac- provision of the bill is not limited to ple as that. We are not saying how tion are proposed to be tried jointly in any consumer protection class actions much they can charge, how little they respect with the claims of 100 or more other brought by plaintiff attorneys. It has a can charge, just shed some sunlight on persons on the ground that the claims in- far-more reaching effect. It federalizes the situation. volve common questions of law or fact.’’. any State cause of action that is We have heard three principal objec- Page 15, line 21, strike ‘‘The’’ and all that brought on behalf of the general public. follows through ‘‘subparagraph (A).’’ on line tions to this amendment. First, we 24. California, like many other States, hear that some class actions may have Page 16, line 2, strike ‘‘subparagraph (B)’’ has enacted strong antitrust laws that merit, and you hear about the Enron and insert ‘‘this paragraph’’. prohibit unfair combinations and un- case. Well, I agree. I think the Enron MODIFICATION OF AMENDMENT NO. 5 OFFERED lawful restraints of trade, and Califor- class action probably does have merit BY MS. LOFGREN nians have chosen to allow their dis- and probably think there are other Ms. LOFGREN. Mr. Chairman, I ask trict attorneys, in addition to the class actions that have merit. This has unanimous consent to modify amend- State attorney general, to enforce

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.081 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H867 these laws in State courts. This bill SENSENBRENNER) rise in opposition to torney general actions in a State like would usurp California’s choice with an the amendment? mine that does not allow them will end expansive definition of ‘‘class action’’ Mr. SENSENBRENNER. I do, Mr. up having the case litigated in a court that includes any case brought on be- Chairman. that might be thousands of miles away half of the general public. The CHAIRMAN pro tempore. The from where we live and would have the The Federal Government should not gentleman is recognized for 10 minutes. hometown bias. Mr. SENSENBRENNER. Mr. Chair- force a local prosecutor to try State b 1430 antitrust lawsuits in Federal court. man, I yield myself such time as I may Nor should the Federal Government consume. That is not what this bill should be force local prosecutors to comply with Mr. Chairman, I rise in strong opposi- about, and that is why I hope this Federal class certification require- tion to this amendment, which effec- amendment will be defeated. Mr. Chairman, I reserve the balance ments that they likely cannot comply tively excludes private attorney gen- eral claims from the provisions of H.R. of my time. with, and if they fail to comply, their Ms. LOFGREN. Mr. Chairman, I yield cases will be dismissed and very likely 2341. Allowing citizens to use private myself 45 seconds to note that in the they will not be able to refile in State Providian case I mentioned where the rights of actions as a class is an enor- court. district attorney in San Francisco pur- mous loophole in this law that can be This bill would have a chilling effect sued a remedy for the citizens, the pub- easily accessed and lead to continued on State and local antitrust law en- lic, the people in San Francisco, ob- abuses in local courts, even in Cali- forcement, as well as consumer protec- taining a $300 million benefit for con- fornia. tion actions in the civil side that are sumers, there was incomplete diversity Now, let me say when we are talking undertaken by district attorneys. and it was not removed because one of about diversity jurisdiction as estab- The ability to bring these suits is a the subsidiary defendants was from out lished in the Constitution, we are talk- powerful tool for local district attor- of State. However, under this act, that ing about claims between plaintiffs in neys, many of whom, including in my action would have to be removed and different States and defendants in dif- own county of Santa Clara, have set up would have to be dismissed, because ferent States, so if all the plaintiffs consumer protection units. In fact, one rule 23 relative to class actions cannot lived in California and the defendant such unit in the San Francisco District possibly be complied with by district was living in California, there would be Attorney’s Office successfully settled a attorneys acting on behalf of the peo- major consumer protection action no Federal diversity jurisdiction what- ple, and I think that this is a very against Providian Financial Corpora- soever and the case would be tried in stealthy way to eliminate jurisdiction tion that netted $300 million for con- the California court. of district attorneys and city attorneys However, the Federal courts were in- sumers. acting in their civil capacity on the tended by the Framers in diversity ju- I would note that in addition to part of the people. I would urge that risdiction to get away from having a standing up for consumers, local dis- this amendment be adopted to cure State court be the hometown umpire trict attorneys can also generate rev- this fatal defect. enue for local government in their very and thus favoring litigants from the Mr. Chairman, I reserve the balance modest fees that do not match the fees State where the court sat. So if I had a of my time. that we have heard talked about on claim and were potentially a member Mr. SENSENBRENNER. Mr. Chair- this floor. of a class as a citizen of the State of man, I yield such time as he may con- Now, some have asked me, how can Wisconsin, I really would not appre- sume to the gentleman from Virginia this bill do what I have described? I ciate very much one of these private (Mr. GOODLATTE). would simply direct Members to page attorney general actions litigating my Mr. GOODLATTE. Mr. Chairman, I 15 of the bill where class action is de- claim in a California court which is thank the gentleman for yielding me fined in this way: ‘‘The named plaintiff 1,500 miles away from my State. I this time. I too oppose this amend- purports to act for the interests of its would end up having my rights liti- ment. members (who are not named parties to gated and my remedies extinguished as A rose by any other name would the action) or for the interests of the a citizen of Wisconsin in a court that I smell as sweet; a class action by any general public, seeking a remedy of might not think I would get a fair trial other name is still a class action. This damages, restitution, disgorgement, or in. legislation is designed to treat all simi- any other form of monetary relief, and Now, under H.R. 2341, I, as a citizen lar types of actions similarly, and it is is not a State attorney general.’’ of Wisconsin, if I were a defendant in totally unfair to place parties in other Well, I think the drafters of the bill this action, would have the right to re- States at the mercy of those who would have understood that State attorneys move the case into a Federal court and have an exception to this rule that if it general bring civil actions. They just even the playing field. were brought by a local prosecutor or apparently have not understood that Mr. Chairman, I think we ought to other attorney, that they would then district attorneys and city attorneys realize that every case that arises be able to keep these cases in State can bring those same kinds of actions. under diversity jurisdiction arises court. It does not make any sense at all to under State law. Cases that arise under As to the concern raised by the gen- force those district attorneys into Fed- Federal law jurisdiction, the jurisdic- tlewoman regarding the bringing of eral court, where they are going to tion is in the Federal courts, and they these actions in Federal court, no, they then be asked to comply with rule 23, can automatically be removed simply do not have to be moved to Federal and the district attorneys will not be because a Federal question is posed. So court; and if they are, the Federal able to comply with rule 23 because diversity jurisdiction applies where no court judge has wide latitude to re- they are not bringing a class action Federal question is posed, but you have mand cases to State court where the lawsuit, and, then, according to the plaintiffs and defendants who live in judge finds that an inequity would re- bill, their lawsuits made on behalf of different States and are citizens of dif- sult or where it would be better to the people, most mandatory, will be ferent States. bring that case in State court in the dismissed. Now, I think that in order to protect first place. So this amendment offered by myself the nonresident litigants, there ought So there is no reason to draw a dis- and the gentleman from California (Mr. to be a procedure to remove those tinction. There are many, many class SCHIFF), a former prosecutor in Cali- types of private attorney general class action lawsuits that can and should be fornia, would remedy this serious de- action claims into Federal court. The heard in the State courts. If they meet fect in the bill. bill provides that procedure. The gen- the criteria of the law, they should do I urge its adoption. tlewoman from California wants to it. Mr. Chairman, I reserve the balance eliminate that procedure, and that This bill is simply designed to make of my time. means that those of us who happen to sure that cases that otherwise could be The CHAIRMAN pro tempore. Does be either plaintiffs in a class action or brought in Federal court because of di- the gentleman from Wisconsin (Mr. a defendant in one of these private at- versity of jurisdiction can indeed be

VerDate 11-MAY-2000 02:39 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.102 pfrm01 PsN: H13PT1 H868 CONGRESSIONAL RECORD — HOUSE March 13, 2002 brought for that reason and not bogged that basically says that these large, ney in Santa Clara County. He was down under a $75,000 per plaintiff limi- out-of-state companies that want to stunned to see this provision and ada- tation, which in so many, many of take advantage of the good economic mantly opposes it. He put me in touch these class actions involving peanuts, environment in California and sell with the California State Attorneys being the amount of the settlement for goods and products and services to General Association. They could not the plaintiffs, could not be brought in Californians, to take advantage of that believe that this provision would be Federal court and, instead, gets forum should be somehow immune, be proposed; and they were absolutely brought in that favorite jurisdiction, able to remove from California courts, amazed that it would seriously be con- whether it is in California or any other maybe remove from California com- sidered, that their divisions that act in State. This levels the playing field and pletely, any action that consumers behalf of the people would essentially makes sure that all of these actions are might bring or a private attorney gen- be shut down because they could never treated fairly and equally. There is no eral might bring on their behalf. That comply with rule 23. reason to make a distinction for this simply is not right. Please, support this amendment and type of action. A rose by any other name is a rose, cure this serious problem in the bill. Mr. Chairman, I would encourage my and the rose of federalism supports this Mr. SENSENBRENNER. Mr. Chair- colleagues to oppose this amendment. amendment. I urge an ‘‘aye’’ vote. man, I yield myself the balance of my Mr. SENSENBRENNER. Mr. Chair- Ms. LOFGREN. Mr. Chairman, I yield time. man, I reserve the balance of my time. 11⁄2 minutes to the gentleman from Mr. Chairman, the reason there is an Ms. LOFGREN. Mr. Chairman, I yield Michigan (Mr. CONYERS), the ranking exemption for State attorneys general 2 minutes to the gentleman from Cali- member of the full committee. in this bill is because the State attor- fornia (Mr. SCHIFF). Mr. CONYERS. Mr. Chairman, I want ney general is the chief law enforce- Mr. SCHIFF. Mr. Chairman, I rise in to compliment the gentlewoman from ment officer of the State. In most support of the amendment proposed by California (Ms. LOFGREN) on this States, the attorney general is an the gentlewoman from California (Ms. amendment because the State of elected official. LOFGREN). Michigan has precisely the same provi- Now, if the attorney general is not The gentleman who just spoke sion as the State of California. doing his job, then it is up to the voters quoted that a rose by any other name The gentleman from California (Mr. to choose a new attorney general in the is still a rose, and I would like to talk SCHIFF) and the gentlewoman from next election. But just because attor- about one of those roses that we talk California (Ms. LOFGREN) have ex- neys general might not be able to do about frequently in this House, and plained it perfectly. I just had a Com- their job is no reason why we should that is the rose of federalism, that is mittee on the Judiciary staffer, Scott empower a whole host of other people the rose of State rights. Because State Deutchman, call the attorney general, to file pseudo class actions, which is rights and deferring to the legislatures Jennifer M. Granholm, in Michigan to what the amendment of the gentle- of the 50 States is as pure and as beau- confirm with her before I made the woman from California seeks to do. tiful as a rose, both in this context, as statement in support of the Lofgren Now, again, diversity jurisdiction in- it is in so many other contexts that our provision that the Michigan attorney terprets State law. Federal questions colleagues remind us of from time to general is totally supportive and is are automatically removable to Fed- time. stunned by the notion that anything in eral court. The reason the Framers put What does that mean in the case of our laws, our procedures here would re- diversity jurisdiction into the Con- this amendment? It means that when a quire her or citizens to go into a Fed- stitution was to prevent a State judge legislature like that in California eral court to seek a remedy that is from being a hometown umpire to the passes a law to protect the consumers uniquely available to them under State prejudice against citizens of other of that State by empowering individ- procedures. States who happen to be litigants. uals to act as private attorneys gen- So I am very pleased to indicate that So very simply, what we do in this eral, rather than simply expanding the our attorneys general and like those of bill is to provide a better way of pro- attorney general’s office and hiring California are totally in support of the tecting litigants who come from other more and more attorneys general, Cali- Lofgren amendment. I hope that the States. For that reason, I would urge fornia has chosen to protect consumers Members will appreciate the signifi- that this amendment be rejected. by empowering individuals to act as cance of this provision. Mr. SENSENBRENNER. Mr. Chair- the attorney general when the attor- Ms. LOFGREN. Mr. Chairman, do I man, I yield back the balance of my ney general lacks the resources to do have the right to close? time. it. Maybe the case is too small to im- The CHAIRMAN pro tempore (Mr. The CHAIRMAN pro tempore. The pose upon the attorney general, so pri- SWEENEY). The gentleman from Wis- question is on the amendment, as vate citizens can bring these actions to consin (Mr. SENSENBRENNER) has the modified, offered by the gentlewoman protect their rights. right to close. The gentlewoman from from California. This is exactly what the States are California has 11⁄4 minutes remaining. The question was taken; and the supposed to do; they are supposed to Ms. LOFGREN. Mr. Chairman, I yield Chairman pro tempore announced that innovate. They are supposed to use new myself the remaining time. the noes appeared to have it. methods of attacking old problems. So I have heard the comments that the Ms. LOFGREN. Mr. Chairman, I de- California has used this new method of provision in the bill is fine because it is mand a recorded vote. private attorneys general to attack un- diversity jurisdiction, and I just do not The CHAIRMAN pro tempore. Pursu- fair business practices. buy that argument. I will tell my col- ant to clause 6 of rule XVIII, further What is the Congress doing in this leagues why. proceedings on the amendment offered bill right now by opposing this amend- Take a look at the provision that by the gentlewoman from California ment? It is saying that, well, we are creates sort of class action coverage for (Ms. LOFGREN) will be postponed. fine with federalism, we are fine with the actions of district attorneys, our It is now in order to consider Amend- State rights except when the rights are local prosecutors. It specifically ex- ment No. 6 printed in House report 107– about protecting consumers; except empts State attorneys general. So the 375. when we do not like the direction argument my colleagues are making AMENDMENT NO. 6 OFFERED BY MR. CONYERS where the State may be headed. that these cases need to be brought and Mr. CONYERS. Mr. Chairman, I offer I served in the California legislature heard in Federal court when there is an amendment. for 4 years. We have very strong con- diversity of any sort at all does not The CHAIRMAN pro tempore. The sumer protections. Large corporations wash if we are exempting the State at- Clerk will designate the amendment. that do business in California, they torneys general from the provisions of The text of the amendment is as fol- take advantage of those protections in these consumer protection actions. lows: a positive way. They take advantage of I called yesterday, I was ill last week Amendment No. 6 offered by Mr. CONYERS: all of the benefits of California law, and I wish I had called him before yes- Page 16, line 2, strike the quotation marks and we should not pass a bill today terday, but I called the district attor- and second period.

VerDate 11-MAY-2000 04:08 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.088 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H869 Page 16, insert the following after line 2: where our domestic United States cor- Mr. GOODLATTE. Mr. Chairman, I ‘‘(10)(A) For purposes of this subsection porations reincorporate at an office yield myself such time as I may con- and section 1453 of this title, a foreign cor- somewhere abroad, out of the United sume. poration which acquires a domestic corpora- States, for the purpose of, one, avoid- Mr. Chairman, I rise in strong opposi- tion in a corporate repatriation transaction ing United States taxes; and, two, tion to this amendment. This is a red shall be treated as being incorporated in the State under whose laws the acquired domes- avoiding legal liability. herring if there ever was one. There is tic corporation was organized. Now, in the 6 months of our fight nothing in this legislation that has ‘‘(B) In this paragraph, the term ‘corporate against terrorism at home or abroad, it anything to do with the tax liability of repatriation transaction’ means any trans- would seem to me the last thing that corporations that may have been action in which— we should be doing would be to pass moved offshore. To raise it in this class ‘‘(i) a foreign corporation acquires substan- legislation which would in any way aid, action lawsuit is a big mistake. It tially all of the properties held by a domestic help, or assist what I would call these would provide more jurisdiction over corporation; corporate tax traitors. larger cases to State courts and under- ‘‘(ii) shareholders of the domestic corpora- With increasing frequency, there are mine our effort to allow Federal courts tion, upon such acquisition, are the bene- U.S. companies setting up shell compa- jurisdiction over large, interstate class ficial owners of securities in the foreign cor- nies in places like Bermuda, and the poration that are entitled to 50 percent or actions, the very point of bringing this more of the votes on any issue requiring company continues to be owned by legislation forward. The most complex shareholder approval; and United States shareholders, continues cases should be heard in the courts de- ‘‘(iii) the foreign corporation does not have to operate in the United States and do signed to hear them: the Federal substantial business activities (when com- business in the USA and all its loca- courts. pared to the total business activities of the tions. The only difference is that the Attempting to redefine the home corporate affiliated group) in the foreign new foreign company escapes substan- base of a corporation just for the pur- country in which the foreign corporation is tial tax liability and, under the provi- poses of class action lawsuits will not organized.’’. sions of this bill, could more easily affect any other lawsuits brought AMENDMENT NO. 6, AS MODIFIED, OFFERED BY avoid legal liability in State class ac- against the corporation. It certainly MR. CONYERS tion cases. will not affect their tax liability. If Mr. CONYERS. Mr. Chairman, I ask b 1445 this amendment is about tax loopholes, unanimous consent to modify the The actions of these companies are a then that is something that should be amendment, and I further request that dealt with by the Committee on Ways such modification be considered as slap in the face to every citizen who works hard and pays their taxes in this and Means. read. This amendment is intended to pre- The CHAIRMAN pro tempore. Is country. Our amendment responds to this egregious behavior by treating the vent nationwide, even international, there objection to the request of the class actions having national implica- gentleman from Michigan? former United States companies as a domestic corporation for class action tions then plaintiffs from many States There was no objection. from being heard in Federal court. The text of amendment No. 6, as purposes. Now, apologists for these financial The premise of H.R. 2341 is to allow modified, is as follows: outlaws may attempt to argue that our Federal courts to resolve these large Page 16, line 12, strike the quotation amendment may not be necessary be- class actions in a balanced and fair marks and second period. cause the bill only deals with national way. That is why the Founding Fathers Page 16, insert the following after line 12: created article III courts, to resolve ‘‘(10)(A) For purposes of this subsection class actions. But, Mr. Chairman, noth- ing could be further from the truth. Federal questions and issues of a wide and section 1453 of this title, a foreign cor- degree of diversity. That is what class poration which acquires a domestic corpora- Under this bill, actions involving State consumer protection laws actions are by their very nature. tion in a corporate repatriation transaction The fact of the matter is that a dis- shall be treated as being incorporated in the brought by residents who all reside in State under whose laws the acquired domes- one State could be removable to a Fed- pute between two individuals from dif- tic corporation was organized. eral court simply because the financial ferent States for slightly more than ‘‘(B) In this paragraph, the term ‘corporate outlaws tried to abscond from the $75,000 can be resolved by a Federal repatriation transaction’ means any trans- State. This is not a national class ac- court, but with a national class action action in which— tion. This is a State class action that worth billions of dollars, in the case of ‘‘(i) a foreign corporation acquires substan- belongs in a State court, the fact that this amendment a foreign corporation, tially all of the properties held by a domestic the case cannot be heard in Federal corporation; a financial corporate outlaw engaged in a sham transaction should be irrele- court. That is wrong. ‘‘(ii) shareholders of the domestic corpora- I urge my colleagues to oppose this tion, upon such acquisition, are the bene- vant as far as the legal liability in ficial owners of securities in the foreign cor- these cases would be concerned. amendment. It is something that would poration that are entitled to 50 percent or So the bottom line is simple: as pres- give State courts jurisdiction over more of the votes on any issue requiring ently written, the bill gives a liability cases that involve U.S. companies that shareholder approval; and windfall to these foreign tax evaders. have been purchased by foreign compa- ‘‘(iii) the foreign corporation does not have Today we have an opportunity to send nies. These are generally large, nation- substantial business activities (when com- a message that it is wrong to pretend wide lawsuits that we are talking pared to the total business activities of the about. They are precisely the kind of corporate affiliated group) in the foreign one is a U.S. corporation when one is incorporated in Bermuda. It is wrong cases that should be brought and heard country in which the foreign corporation is in Federal court. organized.’’. to seek the benefits of corporate citi- zenship without responsibility. It is I urge my colleagues to oppose the The CHAIRMAN pro tempore. Pursu- amendment. ant to House Resolution 367, the gen- wrong to engage in sham offshore transactions which leave hard-working Mr. Chairman, I reserve the balance tleman from Michigan (Mr. CONYERS) United States citizens paying more of my time. and a Member opposed each will con- taxes because they are paying less. Mr. CONYERS. Mr. Chairman, I am trol 10 minutes. Mr. Chairman, I urge support for this pleased to yield 2 minutes to the gen- The Chair recognizes the gentleman Conyers-Jackson-Lee-Neal amendment. tleman from Massachusetts (Mr. from Michigan (Mr. CONYERS). Mr. Chairman, I reserve the balance NEAL), who has worked on this subject Mr. CONYERS. Mr. Chairman, I yield of my time. matter for many years. myself such time as I may consume. The CHAIRMAN pro tempore (Mr. Mr. NEAL of Massachusetts. Mr. Mr. Chairman, I begin by hoping that SWEENEY). Does any Member rise in op- Chairman, I thank the gentleman from this amendment may be accepted; but position? Michigan (Mr. CONYERS) for yielding moving on, I would describe the amend- Mr. GOODLATTE. Mr. Chairman, I time to me and certainly acknowledge ment to my colleagues. claim the time in opposition. some of the questions that have been This is an amendment designed to The CHAIRMAN pro tempore. The raised by a former constituent of mine, help adjust the problem that is hap- gentleman from Virginia (Mr. GOOD- the gentleman from Virginia (Mr. pening with increasing frequency LATTE) is recognized for 10 minutes. GOODLATTE).

VerDate 11-MAY-2000 04:08 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.032 pfrm01 PsN: H13PT1 H870 CONGRESSIONAL RECORD — HOUSE March 13, 2002 But I want to call attention to this Colorado (Mr. MCINNIS) would merge Mr. GOODLATTE. Mr. Chairman, issue. The gentleman from Colorado his bill with my bill. We are only 5 per- will the gentleman yield? (Mr. MCINNIS) is sitting on the floor, as cent different. Mr. MCINNIS. I yield to the gen- well. I know that he has filed similar Mr. MCINNIS. Mr. Chairman, as the tleman from Virginia. legislation to the bill that I filed last first in order of number, we will take Mr. GOODLATTE. Mr. Chairman, week. the gentleman on our bill. would the gentleman from Colorado Let me, if I can, Mr. Chairman, out- Mr. Chairman, the point is, we agree (Mr. MCINNIS) agree that not only is line the nexus of this problem. Last on the substance of the abuse that is this not the right place to do this, but week the Defense Department an- taking place out there, and we want to this amendment does not cure the nounced that the U.S. was sending close the loophole. This is not the bill problem that the gentleman is talking military advisers to Yemen, the Phil- to close the hole. This is not the Com- about? It has nothing to do with chang- ippines, and Georgia, in the former mittee on Ways and Means, and this is ing the tax laws of these corporations. USSR. This is going to be expensive, not the Committee on Ways and Mr. MCINNIS. Reclaiming my time, but we acknowledge it is a necessary Means’ bill. Mr. Chairman, the gentleman from Vir- defensive action. What has happened here is they put ginia is absolutely correct. This does And as we prosecute this war on ter- this amendment out, I think, simply to not accomplish what the intent behind rorism, Mr. Chairman, one U.S. cor- express our disdain, properly express it may be, and the proper discussion poration next week will vote on wheth- our disdain with what is going on out that is taking place here really will er or not to leave the United States there and with what some of the cor- take place in great detail in front of solely to avoid U.S. income taxes, porations are doing, including Stanley the Committee on Ways and Means taxes which our constituents and I will Tool Corporation and some others that with both of our bills, and I urge that have to pay more of to fund this war I think ought to be held publicly ac- is where we move it back to and get on against evil. countable. with the business at hand. Today I am urging the Members to In fact, I would say to the gentleman Mr. CONYERS. Mr. Chairman, I yield support a commonsense amendment from Massachusetts, I was at a dinner such time as she may consume to the telling these corporate expatriates, last weekend with several hundred gentlewoman from Texas (Ms. JACK- these financial deceivers, that they blue-collar workers, mechanics; and I SON-LEE), who is a cosponsor of the should not enjoy special legal protec- urged every one of them not to buy amendment. tions. This amendment is based on bi- Stanley tools as a result of what Stan- (Ms. JACKSON-LEE of Texas asked partisan legislation that surely at ley Tool Corporation is attempting to and was given permission to revise and some point is going to see the light of do. While our American young people extend her remarks.) day and make it to the floor of this fight overseas, we have these corpora- Mr. CONYERS. Mr. Chairman, will House. tions that enjoy the protection of this the gentlewoman yield? But, Mr. Chairman, one accountant, putting up a post office box in Ber- Ms. JACKSON-LEE of Texas. I yield a very aggressive accountant, I might muda. to the gentleman from Michigan. add, advised her clients just 3 months This simply has nothing to do with Mr. CONYERS. Mr. Chairman, I just ago to sneak out of the United States; it. This amendment deals with diver- wanted to go back to the comments of just leave in the dark of night to avoid sity. This amendment deals with stand- the gentleman from Colorado (Mr. paying American income taxes. The ing. To try and link, to make that leap, MCINNIS), who I more frequently see on Treasury Department just stated 2 we are not making the link. So the Special Orders at night in my home weeks ago: ‘‘We are seeing a marked in- issue is right and the platform is than I do on the floor. I am happy to crease in the size and frequency of find he and I in agreement. these transactions.’’ For a mere $27,000, wrong. Mr. CONYERS. Mr. Chairman, will But he asked the question, will this a corporate expatriate can rent a post the gentleman yield? amendment accomplish what we say it office box offshore and avoid $40 mil- Mr. MCINNIS. I yield to the gen- will. Well, we have talked with the lion in Federal income taxes. If individuals were doing this, the tleman from Michigan. American Law Division, and they agree American people would be outraged. As Mr. CONYERS. Mr. Chairman, I just that, in its current form, the measure our Senate colleague from Iowa, the want to compliment the gentleman on offers new abilities, this bill, to remove ranking Republican on the Finance his support for the theory behind this. cases to Federal court for companies I would just point out to him that es- Committee, said last week, it is a slap that engage in corporate repatriation caping legal liability is not a function in the face to individual taxpayers who transactions that are not available of any other committee but the Com- bear the brunt of the total Federal tax under present law. mittee on the Judiciary. So we are not burden when the business community So, in other words, the only place we trying to get to the tax prosecution, buys into these deals. Support this can stop this is in the Committee on sir. We are just getting to those who amendment today denying a liability the Judiciary in terms of this jurisdic- are escaping, to escape the kind of ju- windfall to these corporations that tional opportunism. risdiction of class action suits. Ms. JACKSON-LEE of Texas. Mr. shelve the Stars and Stripes to simply Mr. MCINNIS. Reclaiming my time Chairman, I thank the gentleman for save on the bottom line. Mr. GOODLATTE. Mr. Chairman, it very quickly, Mr. Chairman, I am not yielding to me, and I would like to pur- is my pleasure to yield 3 minutes to trying to take jurisdiction from the sue the argument he just made. I think the gentleman from Colorado (Mr. gentleman’s committee, obviously. I that is the crux of the difference of disagree that this amendment is going opinion that we have in opposing this MCINNIS). Mr. MCINNIS. Mr. Chairman, I thank to do what the gentleman is saying it legislation but supporting this amend- the gentleman for yielding time to me. is going to do. I say that with all due ment. That is, where there is a benefit, First of all, I agree with the com- respect. I think this amendment out there has to be a burden. ments of the gentleman from Michigan there is simply to bring up this discus- I think that the Committee on the (Mr. CONYERS). I agree with most of the sion. Judiciary in this jurisdiction is frankly comments of the gentleman from Mas- We ought to have lots of discussion the appropriate place for this amend- sachusetts (Mr. NEAL). I think it would and public exposure, I say to the gen- ment to be placed, because what we are be beneficial, and we would ask the tleman from Massachusetts (Mr. suggesting is that if one is absconding gentleman to merge his bill with our NEAL), on what is going on out there. It from the United States, absconding bill. is wrong. But this is not the platform from paying taxes, then one should not Mr. NEAL of Massachusetts. Mr. to do it. This amendment does not ac- have the benefit of going into the Fed- Chairman, will the gentleman yield? complish what the sponsors say it will eral courts where they will be able to, Mr. MCINNIS. I yield to the gen- as far as the legal corporation for in essence, block petitioners who are in tleman from Massachusetts. standing in class suits and diversity. I a class action litigation. Mr. NEAL of Massachusetts. Mr. think it is a good discussion, wrong We are opposed to this particular leg- Chairman, perhaps the gentleman from place. islation because it does undermine

VerDate 11-MAY-2000 04:08 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.104 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H871 class actions that have been successful As the saying goes, ‘‘death and taxes are of this amendment is to discourage in State courts. Let me cite an exam- the only guarantees in life’’. You and I could companies from moving their parent ple: Foodmaker, Inc., the parent com- never avoid paying taxes, but we try to mini- entities offshore, to turn them into for- pany of Jack-in-the-Box restaurants, mize them to the best of our ability. The same eign corporations in order to achieve agreed to pay $14 million in a class ac- philosophy applies to companies. tax advantages. Thus, although this tion settlement in Washington. The However, there is a growing trend in this amendment does not seek to derail en- class included 500 people, mostly chil- country where American companies are incor- actment of the core provision of the dren, who became sick early in 1993 porating Bermuda, or other countries that do bill, that is, the provisions expanding after eating undercooked hamburgers not have income taxes, to avoid paying taxes Federal diversity jurisdiction over tainted with e. Coli bacteria. altogether while maintaining the benefits and interstate class actions, it would pre- The victims suffered from a wide security of doing business in the United clude companies owned by foreign or range of illnesses, from more benign States. But these companies don’t actually re- offshore companies from exercising sicknesses to those that required kid- locate to Bermuda. Rather, they are a Ber- that change. ney dialysis. Three children died. The muda corporation only on paper. This effort to establish tax policy settlement was approved on September But the tax benefits are profound. Tyco through procedural and jurisdictional 25, 1996, in King County, Washington International, a diversified manufacturer rules applicable to civil litigation is Superior Court. headquartered in New Hampshire but incor- truly bizarre, the ultimate non sequi- If, for example, this legislation was porated in Bermuda, saved more than $400 tur. in place, there is clear opportunity, million last year in taxes alone. And Stanley As stated by its authors, the purpose possibly if one of the plaintiffs had just Works, a Connecticut manufacturer for 159 of the amendment is to punish compa- moved over to Oregon or had been vis- years, will cut its tax bill by $30 million a year nies with offshore owners by forcing iting from Oregon, that case would to about $80 million. them to litigate class actions brought have been in a Federal court. Although it is a growing trend, some compa- against them in State court, while We are suggesting that if one ab- nies hesitate to incorporate in Bermuda be- companies that have U.S. parents may sconds from the United States in order cause of patriotism issues, especially after the remove their cases to Federal court not to pay taxes, if this legislation tragedies of September 11. But low and be- under the expanded Federal jurisdic- were to have passed, we do not believe hold, ‘‘profits trump patriotism’’. tion of provisions of this bill. they should have any right to the ben- Enron Corp had set up an estimated 2,800 Obviously, making this sort of dis- efit of moving the case, a class action to 3,000 ‘‘special purpose entities’’ (SPEs) in tinction among companies based on case, to the Federal courts. That is the an attempt to hid amounting debt and losses foreign ownership is a constitutionally crux of this. This is the bill that is and to avoid paying taxes. As a matter of fact, suspect policy, but equally important moving through the House now. is the fundamental premise of the Enron had not paid any income taxes in the I certainly appreciate the legislation amendment, that forcing parties to last five years. And due to the nature of these of the gentleman from Massachusetts litigate interstate class actions in transactions, and the fact that these SPEs (Mr. NEAL), and I want to support the State courts constitutes a sort of pun- were created as a separate entity from Enron, legislation. I appreciate his support. He ishment. is on the Committee on Ways and government officials have been unable to ac- Thus, although this amendment Means. quire more information to determine the extent should be defeated, it does suggest of liability. b 1500 agreement on the key predicate for Allowing companies who relocate to foreign H.R. 2341: State courts are not an ideal That bill can move of its own legs, countries simply to avoid paying taxes and still place for parties to litigate class ac- and we will support it, but this bill is benefit from class actions in a federal forum tions. moving, and we are only talking about would enable a defendant corporation to avoid This amendment should be defeated, legal liability, the inability to access accountability and result in the plaintiff class but this amendment should be remem- the Federal court, a benefit that one having a more difficult time seeking redress. bered as confirming the key reasons would secure if this legislation passed. Again, this amendment would attempt to why the overall bill, the fundamental We want to block that benefit because bring justice within the reach of the victims ag- provisions of H.R. 2341, should be en- we need to protect consumers on this. grieved by these corporate giants. I ask my acted. Let me just simply say, we are stand- colleagues to support this amendment. Let us not limit the choice that is in- ing here today to say to Americans, Mr. CONYERS. Mr. Chairman, I yield volved here where these cases can be who have just gone through a trau- back the balance of my time. considered. Let us make the Federal di- matic experience with the collapse of a The CHAIRMAN pro tempore (Mr. versity rules work. That is what this major corporation, that we are going SWEENEY). The gentleman from Vir- bill is about. That is what this amend- to smack them in the face and go ginia (Mr. GOODLATTE), who has the ment would defeat, and I urge my col- against the rights of consumers. We are right to close, has 4 minutes remain- leagues to oppose the amendment. also going to allow someone who ab- ing. Mr. Chairman, I yield back the bal- sconds to another island, another place Mr. GOODLATTE. Mr. Chairman, I ance of my time. to establish a foreign corporation, to yield myself the balance of the time. The CHAIRMAN pro tempore. The now not only access the Federal courts Mr. Chairman, frankly this amend- question is on the amendment, as and benefit from the presence of that ment is not just wrong, it does not modified, offered by the gentleman legislation, but also not pay taxes. make any sense at all. What the other from Michigan (Mr. CONYERS). This is a common-sense, good-sense side is proposing to do here will not The question was taken; and the consumer protection amendment, and I have the effect that they are sug- Chairman pro tempore announced that believe my colleagues, if they look at gesting. They are limiting the options the noes appeared to have it. it, will understand it is appropriately of those who would bring class action Mr. CONYERS. Mr. Chairman, I de- tracking this legislation which is under lawsuits against some of these corpora- mand a recorded vote. the jurisdiction of the Committee on tions that they refer to. The CHAIRMAN pro tempore. Pursu- the Judiciary, because we are pre- There are many instances now in ant to clause 6 of rule XVIII, further venting them from having a legal ben- which a case cannot be brought in Fed- proceedings on the amendment offered efit when they abscond from the United eral court because of this diversity rule by the gentleman from Michigan (Mr. States and desire not to pay taxes. which could be brought against those CONYERS) will be postponed. Thank you Mr. Chairman and Ranking corporations; in my State of Virginia, SEQUENTIAL VOTES POSTPONED IN COMMITTEE Member CONYERS. for example, a State that does not rec- OF THE WHOLE I am proud to join Mr. CONYERS in offering ognize class action lawsuits, so making The CHAIRMAN pro tempore. Pursu- the Conyers Jackson-Lee Neal amendment it easier to bring actions in Federal ant to clause 6 of rule XVIII pro- which would deny corporations who relocate court is not something that is going to ceedings will now resume on those to foreign countries simply to avoid paying in- harm these corporations whatsoever. amendments on which further pro- come taxes from enjoying the benefits of this As explained during the Committee ceedings were postponed in the fol- bill. on the Judiciary markup, the purpose lowing order: Amendment No. 3 offered

VerDate 11-MAY-2000 02:54 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.107 pfrm01 PsN: H13PT1 H872 CONGRESSIONAL RECORD — HOUSE March 13, 2002 by the gentlewoman from California Watt (NC) Weiner Woolsey and Mrs. THURMAN changed their Waxman Wexler Wynn (Ms. WATERS); Amendment No. 5 of- vote from ‘‘aye’’ to ‘‘no.’’ fered by the gentlewoman from Cali- NOES—251 Mr. TIERNEY changed his vote from fornia (Ms. LOFGREN); and Amendment Aderholt Graham Peterson (MN) ‘‘no’’ to ‘‘aye.’’ No. 6 offered by the gentleman from Akin Granger Peterson (PA) So the amendment was rejected. Allen Graves Petri Michigan (Mr. CONYERS). Armey Green (WI) Pickering The result of the vote was announced The Chair will reduce to 5 minutes Bachus Greenwood Pitts as above recorded. the time for any electronic vote after Baker Grucci Platts Stated for: Ballenger Gutknecht Pombo Ms. NAPOLITANO. Mr. Chairman, I the first vote in this series. Barr Hall (TX) Portman was in the Chamber intending to vote AMENDMENT NO. 3, AS MODIFIED, OFFERED BY Bartlett Hansen Pryce (OH) MS. WATERS Barton Hart Putnam ‘‘yes’’ on rollcall 56. Had I voted I Bass Hastings (WA) Quinn would have voted ‘‘aye’’ on rollcall 56. The CHAIRMAN pro tempore. The Bereuter Hayes Radanovich pending business is the demand for a Biggert Hayworth Ramstad ANNOUNCEMENT BY THE CHAIRMAN PRO recorded vote on Amendment No. 3, as Bilirakis Hefley Regula TEMPORE Blumenauer Herger Rehberg The CHAIRMAN pro tempore (Mr. modified, offered by the gentlewoman Blunt Hill Reynolds WEENEY from California (Ms. WATERS) on which Boehlert Hilleary Riley S ). Pursuant to clause 6 of rule further proceedings were postponed on Boehner Hobson Rogers (KY) XVIII, the Chair announces that he which the noes prevailed by voice vote. Bonilla Hoekstra Rogers (MI) will reduce to a minimum of 5 minutes Bono Holden Rohrabacher the period of time within which a vote The Clerk will redesignate the Boozman Hooley Ros-Lehtinen by electronic device will be taken on amendment. Boucher Horn Roukema Boyd Hostettler Royce each amendment on which the Chair The Clerk redesignated the amend- Brady (TX) Houghton Ryan (WI) has postponed further proceedings. ment. Brown (SC) Hulshof Ryun (KS) Bryant Hunter Sabo AMENDMENT NO. 5, AS MODIFIED, OFFERED BY RECORDED VOTE Burr Hyde Sanchez MS. LOFGREN The CHAIRMAN pro tempore. A re- Burton Isakson Saxton The CHAIRMAN pro tempore. The Buyer Issa Schaffer corded vote has been demanded. Callahan Istook Schrock pending business is the demand for a A recorded vote was ordered. Calvert Jenkins Sensenbrenner recorded vote on the amendment, as The vote was taken by electronic de- Camp John Sessions modified, offered by the gentlewoman Cannon Johnson (CT) Shadegg from California (Ms. LOFGREN) on vice, and there were—ayes 174, noes 251, Cantor Johnson (IL) Shaw not voting 9, as follows: Capito Johnson, Sam Shays which further proceedings were post- Castle Jones (NC) Sherwood poned and on which the noes prevailed [Roll No. 56] Chabot Keller Shimkus by voice vote. AYES—174 Chambliss Kelly Shuster Coble Kennedy (MN) Simmons The Clerk will redesignate the Abercrombie Gutierrez Moore Collins Kerns Simpson amendment. Ackerman Hall (OH) Moran (VA) Combest Kind (WI) Skeen The Clerk redesignated the amend- Andrews Harman Murtha Condit King (NY) Smith (MI) ment. Baca Hastings (FL) Nadler Cooksey Kingston Smith (NJ) Baird Hilliard Neal Cox Kirk Smith (TX) RECORDED VOTE Baldacci Hinchey Obey Cramer Kleczka Snyder The CHAIRMAN pro tempore. A re- Baldwin Hoeffel Olver Crane Knollenberg Souder Barcia Holt Ortiz Crenshaw Kolbe Stearns corded vote has been demanded. Becerra Honda Owens Cubin LaHood Stenholm A recorded vote was ordered. Berkley Hoyer Pallone Culberson Latham Stump Berman Inslee The CHAIRMAN pro tempore. This is Pascrell Cunningham LaTourette Sullivan a 5-minute vote. Berry Israel Pastor Davis (FL) Leach Sununu Bishop Jackson (IL) Payne Davis, Jo Ann Lewis (CA) Sweeney The vote was taken by electronic de- Bonior Jackson-Lee Pelosi Davis, Tom Lewis (KY) Tancredo vice, and there were—ayes 194, noes 231, Borski (TX) Phelps Deal Linder Tauscher Boswell Jefferson not voting 9, as follows: Pomeroy DeLay LoBiondo Tauzin Brady (PA) Johnson, E. B. Price (NC) DeMint Lofgren Taylor (MS) [Roll No. 57] Brown (FL) Jones (OH) Rahall Diaz-Balart Lucas (KY) Taylor (NC) Brown (OH) Kanjorski AYES—194 Rangel Dooley Lucas (OK) Terry Capps Kaptur Abercrombie Davis (FL) Inslee Reyes Doolittle Manzullo Thomas Capuano Kennedy (RI) Ackerman DeFazio Israel Rivers Dreier McCrery Thornberry Cardin Kildee Allen DeGette Jackson (IL) Rodriguez Duncan McHugh Thune Carson (IN) Kucinich Andrews Delahunt Jackson-Lee Roemer Dunn McInnis Thurman Carson (OK) LaFalce Baca DeLauro (TX) Ross Ehlers McKeon Tiahrt Clay Lampson Baird Deutsch Jefferson Rothman Ehrlich McNulty Tiberi Clayton Langevin Baldacci Dicks Johnson, E. B. Roybal-Allard Emerson Mica Toomey Clement Lantos English Miller, Dan Upton Baldwin Dingell Jones (OH) Clyburn Larsen (WA) Rush Barcia Doggett Kanjorski Sanders Everett Miller, Gary Vitter Conyers Larson (CT) Ferguson Miller, Jeff Walden Becerra Dooley Kaptur Costello Lee Sandlin Berkley Doyle Kennedy (RI) Sawyer Flake Mollohan Walsh Coyne Levin Fletcher Moran (KS) Wamp Berman Edwards Kildee Crowley Lewis (GA) Schakowsky Berry Engel Kind (WI) Schiff Foley Morella Watkins (OK) Cummings Lipinski Forbes Myrick Watts (OK) Bishop Etheridge Kleczka Davis (CA) Lowey Scott Blumenauer Evans Kucinich Serrano Fossella Nethercutt Weldon (FL) DeFazio Luther Frank Ney Weldon (PA) Bonior Farr LaFalce DeGette Lynch Sherman Borski Fattah Lampson Shows Frelinghuysen Northup Weller Delahunt Maloney (CT) Gallegly Norwood Whitfield Boswell Filner Langevin DeLauro Maloney (NY) Skelton Brady (PA) Ford Lantos Slaughter Ganske Nussle Wicker Deutsch Markey Gekas Oberstar Wilson (NM) Brown (FL) Frank Larsen (WA) Dicks Mascara Smith (WA) Brown (OH) Frost Larson (CT) Solis Gibbons Osborne Wilson (SC) Dingell Matheson Gilchrest Ose Wolf Capps Gephardt Lee Doggett Matsui Spratt Capuano Gilman Levin Stark Gillmor Otter Wu Doyle McCarthy (MO) Goode Oxley Young (AK) Cardin Gonzalez Lewis (GA) Edwards McCarthy (NY) Strickland Carson (IN) Gordon Lipinski Stupak Goodlatte Paul Young (FL) Engel McCollum Goss Pence Carson (OK) Green (TX) Lofgren Etheridge McDermott Tanner Clay Gutierrez Lowey Evans McGovern Thompson (CA) NOT VOTING—9 Clayton Hall (OH) Luther Farr McIntyre Thompson (MS) Clement Harman Lynch Barrett Davis (IL) Kilpatrick Fattah McKinney Tierney Clyburn Hastings (FL) Maloney (CT) Bentsen Eshoo Napolitano Filner Meehan Towns Condit Hill Maloney (NY) Blagojevich Hinojosa Traficant Ford Meek (FL) Turner Conyers Hilliard Markey Frost Meeks (NY) Udall (CO) Costello Hinchey Mascara Gephardt Menendez Udall (NM) b 1527 Coyne Hoeffel Matheson Gilman Millender- Velazquez Messrs. SKEEN, BOEHNER, GREEN- Cramer Holt Matsui Gonzalez McDonald Visclosky Crowley Honda McCarthy (MO) Gordon Miller, George Waters WOOD, EHLERS, HILL, BOOZMAN, Cummings Hooley McCarthy (NY) Green (TX) Mink Watson (CA) Ms. PRYCE of Ohio, Ms. GRANGER, Davis (CA) Hoyer McCollum

VerDate 11-MAY-2000 04:08 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.110 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H873 McDermott Payne Snyder Thomas Walden Weller Napolitano Rothman Stupak McGovern Phelps Solis Thornberry Walsh Whitfield Neal Roybal-Allard Tanner McIntyre Pomeroy Spratt Thune Wamp Wicker Oberstar Royce Tauscher McKinney Price (NC) Stark Tiahrt Waters Wilson (NM) Obey Rush Taylor (MS) McNulty Rahall Strickland Tiberi Watkins (OK) Wilson (SC) Olver Sabo Thompson (CA) Meehan Rangel Stupak Toomey Watts (OK) Wolf Ortiz Sanchez Thompson (MS) Meek (FL) Reyes Tanner Upton Weldon (FL) Young (AK) Owens Sanders Thurman Meeks (NY) Rivers Tauscher Vitter Weldon (PA) Young (FL) Pallone Sandlin Tierney Thompson (CA) Towns Menendez Rodriguez Pascrell Sawyer Millender- Roemer Thompson (MS) NOT VOTING—9 Turner Pastor Schakowsky McDonald Ross Thurman Udall (CO) Barrett Davis (IL) Kilpatrick Payne Schiff Miller, George Rothman Tierney Bentsen Eshoo Pelosi Udall (NM) Pelosi Scott Mink Roybal-Allard Towns Blagojevich Hinojosa Traficant Velazquez Mollohan Rush Turner Peterson (MN) Serrano Visclosky Moore Sabo Udall (CO) Phelps Sherman Waters Moran (VA) Sanchez Udall (NM) b 1536 Pomeroy Shows Watson (CA) Price (NC) Skelton Murtha Sanders Velazquez So the amendment, as modified, was Watt (NC) Nadler Sandlin Visclosky Rahall Slaughter Waxman Napolitano Sawyer Watson (CA) rejected. Rangel Smith (WA) Weiner Neal Schakowsky Watt (NC) The result of the vote was announced Reyes Snyder Wexler Oberstar Schiff Waxman as above recorded. Rivers Solis Woolsey Obey Scott Weiner Rodriguez Spratt Wu Olver Serrano Wexler AMENDMENT NO. 6, AS MODIFIED, OFFERED BY Roemer Stark Wynn Ortiz Sherman Woolsey MR. CONYERS Ross Strickland Owens Shows Wu The CHAIRMAN pro tempore. The Pallone Skelton Wynn NOES—223 Pascrell Slaughter pending business is the demand for a Pastor Smith (WA) recorded vote on amendment No. 6, as Aderholt Gillmor Oxley modified, offered by the gentleman Akin Goode Paul NOES—231 Armey Goodlatte Pence from Michigan (Mr. CONYERS) on which Bachus Goss Peterson (PA) Aderholt Ganske Miller, Jeff further proceedings were postponed and Baker Graham Petri Akin Gekas Moran (KS) on which the noes prevailed by voice Ballenger Granger Pickering Armey Gibbons Morella Barr Graves vote. Pitts Bachus Gilchrest Myrick Bartlett Green (WI) Platts Baker Gillmor Nethercutt The Clerk will designate the amend- Barton Greenwood Pombo Ballenger Goode Ney ment. Bass Grucci Portman Barr Goodlatte Northup Bereuter Gutknecht Pryce (OH) Bartlett Goss Norwood The Clerk designated the amend- Biggert Hall (TX) ment. Putnam Barton Graham Nussle Bilirakis Hansen Quinn Bass Granger Osborne RECORDED VOTE Blunt Hart Radanovich Bereuter Graves Ose Boehlert Hastings (WA) Ramstad Biggert Green (WI) The CHAIRMAN pro tempore. A re- Boehner Hayes Otter Regula Bilirakis Greenwood Oxley Bonilla Hayworth corded vote has been demanded. Rehberg Blunt Grucci Paul Bono Hefley A recorded vote was ordered. Reynolds Boehlert Gutknecht Pence Boozman Herger Riley Boehner Hall (TX) Peterson (MN) The CHAIRMAN pro tempore. This Boucher Hill Rogers (KY) Bonilla Hansen Peterson (PA) will be a 5-minute vote. Boyd Hilleary Rogers (MI) Bono Hart Petri Brady (TX) Hobson The vote was taken by electronic de- Rohrabacher Boozman Hastings (WA) Pickering vice, and there were—ayes 202, noes 223, Brown (SC) Hoekstra Boucher Hayes Pitts Bryant Horn Ros-Lehtinen Boyd Hayworth Platts not voting 9, as follows: Burr Hostettler Roukema Brady (TX) Hefley Pombo [Roll No. 58] Burton Houghton Ryan (WI) Brown (SC) Herger Portman Buyer Hulshof Ryun (KS) Bryant Hilleary Pryce (OH) AYES—202 Callahan Hyde Saxton Burr Hobson Putnam Abercrombie Doggett Kildee Calvert Isakson Schaffer Burton Hoekstra Quinn Ackerman Dooley Kind (WI) Camp Issa Schrock Buyer Holden Radanovich Allen Doyle Kleczka Cannon Jenkins Sensenbrenner Callahan Horn Ramstad Andrews Duncan Kucinich Cantor John Sessions Calvert Hostettler Regula Baca Edwards LaFalce Capito Johnson, Sam Shadegg Camp Houghton Rehberg Baird Engel Lampson Chabot Jones (NC) Shaw Cannon Hulshof Reynolds Baldacci Etheridge Langevin Chambliss Keller Shays Cantor Hunter Riley Baldwin Evans Lantos Coble Kelly Sherwood Capito Hyde Rogers (KY) Barcia Farr Larsen (WA) Collins Kennedy (MN) Shimkus Castle Isakson Rogers (MI) Becerra Fattah Larson (CT) Combest Kerns Shuster Chabot Issa Rohrabacher Berkley Filner Lee Cooksey King (NY) Simmons Chambliss Istook Ros-Lehtinen Berman Ford Levin Cox Kingston Simpson Coble Jenkins Roukema Berry Frank Lewis (GA) Cramer Kirk Skeen Collins John Royce Bishop Frost Lipinski Crane Knollenberg Smith (MI) Combest Johnson (CT) Ryan (WI) Blumenauer Gephardt Lofgren Crenshaw Kolbe Smith (NJ) Cooksey Johnson (IL) Ryun (KS) Bonior Gilman Lowey Cubin LaHood Smith (TX) Cox Johnson, Sam Saxton Borski Gonzalez Luther Culberson Latham Souder Crane Jones (NC) Schaffer Boswell Gordon Lynch Cunningham LaTourette Stearns Crenshaw Keller Schrock Brady (PA) Green (TX) Maloney (CT) Davis, Jo Ann Leach Stenholm Cubin Kelly Sensenbrenner Brown (FL) Gutierrez Maloney (NY) Davis, Tom Lewis (CA) Stump Culberson Kennedy (MN) Sessions Brown (OH) Hall (OH) Markey Deal Lewis (KY) Sullivan Cunningham Kerns Shadegg Capps Harman Mascara DeLay Linder Sununu Davis, Jo Ann King (NY) Shaw Capuano Hastings (FL) Matheson DeMint LoBiondo Sweeney Davis, Tom Kingston Cardin Hilliard Matsui Diaz-Balart Lucas (KY) Shays Tancredo Deal Kirk Sherwood Carson (IN) Hinchey McCarthy (MO) Dicks Lucas (OK) Tauzin DeLay Knollenberg Shimkus Carson (OK) Hoeffel McCarthy (NY) Doolittle Manzullo Taylor (NC) DeMint Kolbe Shuster Castle Holden McCollum Dreier McCrery Terry Diaz-Balart LaHood Simmons Clay Holt McDermott Dunn McHugh Thomas Doolittle Latham Simpson Clayton Honda McGovern Ehlers McInnis Thornberry Dreier LaTourette Skeen Clement Hooley McIntyre Ehrlich McKeon Duncan Leach Smith (MI) Clyburn Hoyer McKinney Emerson Mica Thune Dunn Lewis (CA) Smith (NJ) Condit Hunter McNulty English Miller, Dan Tiahrt Ehlers Lewis (KY) Smith (TX) Conyers Inslee Meehan Everett Miller, Gary Tiberi Ehrlich Linder Souder Costello Israel Meek (FL) Ferguson Miller, Jeff Toomey Emerson LoBiondo Stearns Coyne Jackson (IL) Meeks (NY) Flake Moran (KS) Upton English Lucas (KY) Stenholm Crowley Jackson-Lee Menendez Fletcher Morella Vitter Everett Lucas (OK) Stump Cummings (TX) Millender- Foley Myrick Walden Ferguson Manzullo Sullivan Davis (CA) Jefferson McDonald Forbes Nethercutt Walsh Flake McCrery Sununu Davis (FL) Johnson (CT) Miller, George Fossella Ney Wamp Fletcher McHugh Sweeney DeFazio Johnson (IL) Mink Frelinghuysen Northup Watkins (OK) Foley McInnis Tancredo DeGette Johnson, E. B. Mollohan Gallegly Norwood Watts (OK) Forbes McKeon Tauzin Delahunt Jones (OH) Moore Ganske Nussle Weldon (FL) Fossella Mica Taylor (MS) DeLauro Kanjorski Moran (VA) Gekas Osborne Weldon (PA) Frelinghuysen Miller, Dan Taylor (NC) Deutsch Kaptur Murtha Gibbons Ose Weller Gallegly Miller, Gary Terry Dingell Kennedy (RI) Nadler Gilchrest Otter Whitfield

VerDate 11-MAY-2000 02:54 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.035 pfrm01 PsN: H13PT1 H874 CONGRESSIONAL RECORD — HOUSE March 13, 2002 Wicker Wilson (SC) Young (AK) made better or in fact does not really first place the State class actions was Wilson (NM) Wolf Young (FL) speak to the interests of consumers are to go based on common law, common NOT VOTING—9 trying to do is to ensure that those sense, equity and fairness. To destroy Barrett Davis (IL) Istook who are fraudulent, those who mis- documents strikes at the very heart of Bentsen Eshoo Kilpatrick represent, those who would abscond the access of the little person to get in Blagojevich Hinojosa Traficant and not pay taxes, not have the benefit the courtroom. b 1544 of an action or legislation that is pro- This amendment would prohibit the removal So the amendment, as modified, was posed to be in the Class Action Fair- provision in Section 5 of this bill from applying rejected. ness Act. if a party to a class action suit destroys mate- The result of the vote was announced The amendment I offer today strikes rial relating to the subject matter of the class as above recorded. at the very heart of consumer protec- action, or makes a misrepresentation with re- tion. It strikes at the very heart of the spect to the existence of such materials. b 1545 ability of any litigant to go into court The destruction of documents, particularly in The CHAIRMAN pro tempore (Mr. with a fair opportunity to pursue their contemplation of litigation, is already a SHIMKUS). It is now in order to consider case. sanctionable act. Destroying such document amendment No. 7 printed in House Re- This amendment would prohibit the prohibits the discovery of truth and justice. If port 107–375. removal provision in section 5 of this a party participates in such activity, they bill from applying if a party to a class AMENDMENT NO. 7 OFFERED BY MS. JACKSON- should not have the benefit of removing a LEE OF TEXAS action suit destroys material relating class action suit to federal court jurisdiction Ms. JACKSON-LEE of Texas. Mr. to the subject matter of the class ac- where this bill makes it more difficult for the Chairman, I offer an amendment. tion or makes a misrepresentation class to be certified. Justice requires that The CHAIRMAN pro tempore. The with respect to the existence of such these parties remain under state jurisdiction Clerk will designate the amendment. materials. where the playing field will be more level. The destruction of documents, par- The text of the amendment is as fol- An example of this would be the collapse of ticularly in contemplation of litiga- lows: Enron Corporation, the Texas-based energy- tion, is already a sanctionable act. De- trading giant that was once America’s sev- Amendment No. 7 offered by Ms. JACKSON- stroying such documents prohibits the enth-biggest company, now undergoing Amer- LEE of Texas: discovery of truth and justice. If a Page 18, line 14, strike the quotation ica’s largest ever bankruptcy proceeding. party participates in such activity, marks and second period. Enron is based in my District—the 18th District they should not have the benefit of re- Page 18, insert the following after line 14: of Texas. moving a class action suit to Federal ‘‘(g) CERTAIN ACTIONS NOT REMOVABLE.—A Enron’s former accounting firm, Arthur An- party to a class action may not remove the court jurisdiction, where this bill dersen, in light of approaching litigation, orga- class action to a district court under this makes it more difficult for the class to nized the destruction of tons of Enron-related section if that party has been found by a be certified. Justice requires that these documents that may have been potentially court to have knowingly altered, destroyed, parties remain under State jurisdic- harmful and would have subjected Andersen mutilated, concealed, falsified, or made a tion, where the playing field will be false entry in, any record, document, or tan- to civil as well as criminal liability. more level. gible object in connection with that class ac- Mr. Chairman, this amendment seeks to not tion.’’. It is obvious that when you are try- ing to put together a massive class ac- give giant corporate defendants in a class ac- MODIFICATION OF AMENDMENT NO. 7 OFFERED tion case, there is nothing more tion lawsuit more benefits in defending their BY MS. JACKSON-LEE OF TEXAS daunting and devastating to your case suit. They have deep pockets for such ex- Ms. JACKSON-LEE of Texas. Mr. than losing, the destruction of, or mis- penses as legal fees, travel, expert witnesses, Chairman, I ask unanimous consent to representation over, documents. An ex- for which the class does not have. And we modify the amendment, and further re- ample of this would be the collapse of must maintain the spirit to which class action quest that such modification be consid- Enron, the Texas-based energy trading lawsuits were developed—to efficiently bring ered as read. giant, that once was America’s seventh justice to a large group of people victimized The CHAIRMAN pro tempore. Is largest company, now undergoing historically by corporate giants. there objection to the request of the America’s largest-ever bankruptcy. I ask my colleagues to support this amend- gentlewoman from Texas? On behalf of Enron employees, both ment. There was no objection. existing and those who are no longer Mr. Chairman, I reserve the balance The text of the amendment, as modi- Enron employees, the fact that there of my time. fied, is as follows: are documents that no longer exist un- The CHAIRMAN pro tempore. Does Amendment No. 7, as modified, offered by dermines probably the bankruptcy case the gentleman from Wisconsin (Mr. Ms. JACKSON-LEE of Texas: and any other matter that they would SENSENBRENNER) rise in opposition to Page 18, line 25, strike the quotation be pursuing. It is certainly a case that the amendment? marks and second period. Mr. SENSENBRENNER. I rise in op- Page 18, add the following after line 25: when you lose documents, you lose a part of your case. position to the amendment. ‘‘(g) CERTAIN ACTIONS NOT REMOVABLE.—A The CHAIRMAN pro tempore. The party to a class action may not remove the Mr. Chairman, this amendment seeks class action to a district court under this not to give giant corporate defendants gentleman from Wisconsin is recog- section if that party has been found by a in a class action lawsuit more benefits nized for 10 minutes. court to have knowingly altered, destroyed, in defending their suit. They have deep Mr. SENSENBRENNER. Mr. Chair- mutilated, concealed, falsified, or made a pockets for such expenses as legal fees, man, I yield myself such time as I may false entry in, any record, document, or tan- travel and expert witnesses, which the consume. gible object in connection with that class ac- class does not have. Mr. Chairman, if the civil and crimi- tion.’’. Again, how daunting it would be to nal law did not provide for sanctions The CHAIRMAN pro tempore. Pursu- find out that documents that you against those who deliberately destroy ant to House Resolution 367, the gen- might be able to secure no longer exist. documents, I believe that the argu- tlewoman from Texas (Ms. JACKSON- So the information has been retained ments of the gentlewoman from Texas LEE) and a Member opposed each will by the defendant; but you, the peti- would be valid. But they do. Adopting control 10 minutes. tioner in the class action, have no way the amendment that she proposes will The Chair recognizes the gentle- of accessing it. simply allow the trial lawyers to have woman from Texas (Ms. JACKSON-LEE). We must maintain the spirit to which another tool to game the system and to Ms. JACKSON-LEE of Texas. Mr. class action lawsuits were developed, prevent the removal of cases that real- Chairman, I yield myself such time as to efficiently bring justice to a large ly should be removed as a result of the I may consume. group of people victimized by histori- changes in the diversity of citizenship Mr. Chairman, we have before the cally large, giant, multiconglomerate requirements that are contained in this House today the Class Action Fairness corporations. bill. Act of 2002, and what those of us who In addition, Mr. Chairman, I might Let me point out that in many in- believe this legislation could either be say that the court of equity was the stances, the destruction of subpoenaed

VerDate 11-MAY-2000 02:54 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.037 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H875 documents is a criminal obstruction of mally issue orders requiring the preser- Mr. INSLEE. Mr. Chairman, reclaim- justice. The gentlewoman from Texas vation of documents at the outset of ing my time, I do not know the resi- keeps on bringing up the case of Enron. litigation of such cases. Thus any docu- dence. I cannot tell the gentleman off- There is a criminal investigation going ment-destruction risk is addressed by hand. But I can say this is subject to on whether Enron and Arthur Andersen such orders. So we do not need addi- your bill if it is a class action, and and other people who are involved in tional laws, civil laws, statutory laws therefore it is wrong. this obstructed justice by altering or or criminal laws, to protect against the Mr. SENSENBRENNER. Mr. Chair- destroying documents. I hope that that destruction and mutilation of docu- man, if the gentleman will yield fur- investigation is thorough, and, if there ments. ther, if they all live in Texas, the case is probable cause to believe that such The amendment of the gentlewoman is not removable because there is not misconduct happened, that the Justice from Texas merely gives the trial law- diversity. Department will seek indictment, pros- yers’ bar another tool to game the sys- Mr. INSLEE. Mr. Chairman, reclaim- ecute those who are responsible, the tem. It is unnecessary because of the ing my time, the point I bring to the jury will convict them, and I hope that other provisions of law and rule that I gentleman’s attention is this is exactly the judge sentences them to jail for a stated and should be rejected. the kind of case that is subject to re- long, long time, because destroying Mr. Chairman, I reserve the balance moval if there is diversity. They plead documents that are needed to fairly ad- of my time. fraud, they pled negligence; and under minister justice is something that can- Ms. JACKSON-LEE of Texas. Mr. your statute, you want to give them not be tolerated, and it goes to the Chairman, I yield myself 30 seconds. the right to get out of Texas into Fed- very heart of the ability of the courts Mr. Chairman, first of all, I totally eral court. We think that is wrong. to fairly mete out justice. We wish the agree with my chairman in that I hope Ms. JACKSON-LEE of Texas. Mr. gentlewoman were on the other side that all those who have misrepresented Chairman, I yield myself 10 seconds to when we were talking about that when and destroyed documents in the say that some the defendants in the President Clinton was accused of de- present ongoing protracted episode of case that the gentleman from Wash- stroying documents a few years ago. Enron and Arthur Andersen are in fact ington (Mr. INSLEE) was speaking of But on the civil side, there are plenty brought to justice. That we agree on. dealing with Enron are not from Texas. of sanctions that can be imposed by a With respect to my position on the Mr. Chairman, I yield 2 minutes to court if discovery is being thwarted, up Clinton documents, my amendment re- the distinguished gentleman from to and including the court ordering a sponds to that by indicating that it Texas (Mr. SANDLIN), a former State default judgment entered against a de- should be a court-determined destruc- district court judge in the State of fendant that destroys documents and tion of documents. That was not the Texas. completely obstructs the discovery case in the Clinton situation. Mr. SANDLIN. Mr. Chairman, in the that the Federal Rules of civil proce- So I would hope that we recognize law we have a doctrine called the dure allow. that if you are court determined to Mr. Chairman, I will tell you what ‘‘clean hands doctrine.’’ Courts express have destroyed documents, then you do will happen if the Jackson-Lee amend- it by saying he who seeks equity must not need the benefit of this legislation. ment becomes a part of this bill and do equity. Mr. Chairman, I yield 11⁄2 minutes to the bill becomes law, and that is there We have seen precious little equity the distinguished gentleman from will be repeated allegations of mis- today. First, our friends want to reveal Washington (Mr. INSLEE). plaintiffs’ fees and what they receive, conduct through the destruction of (Mr. INSLEE asked and was given documents. When an allegation is but when we ask to reveal the exorbi- permission to revise and extend his re- made, the court is going to have to tant fees of the corporate attorneys marks.) and insurance attorneys and defense hold a hearing on it and take testi- Mr. INSLEE. Mr. Chairman, we hope mony and make a determination on attorneys, they said no. that the first legislation passed in this whether removal can be thwarted be- I have got a question: What are you House in the post-Enron world should cause of the provision of the Jackson- hiding? What are you hiding? not be to make the world safer for Lee amendment. As a result, it ends up You said the recovery in Cheerios is Enron. being tried in the State court, because not enough. You forgot to tell us that My friend, the gentleman from Wis- the Federal court will not be able to the expensive litigation is between the consin (Mr. SENSENBRENNER), chal- determine whether or not a case is re- insurance companies. The defendants lenged me earlier when I said that this movable. have been indicted, tried and sent to Now, that is ridiculous. If this type could make the world safer for Enron. prison. of amendment was put into law, if Well, we just did a little bit of research You are outraged that the plaintiffs there was a civil action filed alleging a about that over the lunch hour and have received too little money in one civil rights violation in a State court found a case called Bullock v. Arthur case, but there is absolutely no outrage with a redneck judge anywhere in the Andersen, et al. It is a case in Wash- in your position when a major Amer- country, this game could be played to ington County, Texas. If it were to be ican company, Nestle, put sugar water prevent the Federal court from getting certified as a class action under this in bottles and sold it to American jurisdiction over it, and that would be legislation, the defendants, who in- mothers to give to children. You got no equally ridiculous in terms of thwart- clude some names Andrew Fastow, outrage in that, other than the attor- ing the administration of justice. Kenneth Lay and Jeffrey Skilling, neys got paid. Now, this bill, in section 1716(C)(2), would be given the privilege by your Well, surely, surely you can support provides that discovery should not pro- legislation to force this to be removed legislation that says if you destroy evi- ceed while a motion to dismiss an ac- to Federal court away from Wash- dence, if you commit a crime, if you do tion is pending and also during appeals ington County. things that you are not supposed to do, from class certification rulings. Now, that is exactly one of the rea- you do not get the benefit of the law. If But the bill flatly states that in sons why we think this is the wrong ap- you commit a crime, you do not have these circumstances, discovery shall proach. And even if you exempted clean hands. If you destroy evidence, proceed where necessary to preserve Enron in its entirety, Enron is an ex- you do not get the benefit of the legis- evidence and to prevent undue preju- ample of why we are going the wrong lation. Surely you can support some- dice. Thus the bill anticipates and way because of all the other companies thing as clean as that. deals with document destruction risk that potentially could be liable. 1600 and gives the Federal court the author- Mr. SENSENBRENNER. Mr. Chair- b ity to prevent documents that are nec- man, will the gentleman yield? Mr. SENSENBRENNER. Mr. Chair- essary to find out what the true facts Mr. INSLEE. I yield to the gen- man, I yield myself 15 seconds. are from being altered or mutilated or tleman from Wisconsin. Mr. Chairman, if the gentleman from destroyed. Mr. SENSENBRENNER. Mr. Chair- Texas was so interested in disclosing According to the Manual for Complex man, do the three gentlemen that the defendant’s fees, he could have gone to Litigation, third edition, courts nor- gentleman mentioned live in Texas? the Committee on Rules and asked

VerDate 11-MAY-2000 02:54 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.122 pfrm01 PsN: H13PT1 H876 CONGRESSIONAL RECORD — HOUSE March 13, 2002 them to make in order an amendment dure, and I do not know of other ones, ders is the spin machine running here for the disclosure of defendant’s fees. in which the law says in advance that in Washington today, spinning that He failed to do so, and that is why we because somebody did something else this bill to help some avoid responsi- are not considering this today under somewhere else unrelated to the issue bility has anything to do with helping the structured rule. of whether the case belongs in Federal American families. Get serious. Mr. Chairman, I yield such time as he court or State court would be prohib- The judges of the States of the may consume to the gentleman from ited from raising that issue. It is a United States, our State court judges, Virginia (Mr. GOODLATTE). matter of fairness for everybody in- have not asked for this. Our Federal Mr. GOODLATTE. Mr. Chairman, I volved, but that is particularly true of court judges, upon whom the burden thank the gentleman for yielding me the plaintiffs. will be placed of handling these cases, this time. I also strongly oppose this We are trying to create an environ- are already overburdened; they have amendment. ment here where cases can be heard in not asked for it. The National Con- This amendment is doing what those such a way that uniform fairness ap- ference of State Legislatures opposes offering amendments have already plies. If we start drawing distinctions it. This is the wrong thing to do at the done on two other occasions in this de- between domestic corporations and for- wrong time. It is being done only to bate so far, and that is to try to ob- eign corporations and somebody who protect wrongdoers like Enron and An- scure what this legislation is all about may have shredded documents for a dersen, and it ought to be rejected. with unrelated issues. Whether or not a good reason or for a bad reason and de- To aid even those who tear up docu- case is heard in Federal court or State ciding whether or not they can remove ments and give them additional rights court has nothing to do with whether cases to court, that is simply bad pub- in our courts is particularly out- or not documents have been destroyed. lic policy and should not be the meas- rageous. In the earlier debate with regard to ure upon which this bill is voted upon; I commend the gentlewoman for at- the Waters amendment, we pointed out and certainly this amendment should tempting to resolve this problem, and I all of the tools that are available to a be opposed. recommend her amendment. Federal court judge when documents Ms. JACKSON-LEE of Texas. Mr. Mr. SENSENBRENNER. Mr. Chair- are destroyed in a case. It could very Chairman, I am delighted to yield 21⁄2 man, how much time is remaining on well be much better that the case is in minutes to the distinguished gen- each side? Federal court rather than State court, tleman from Texas (Mr. DOGGETT), a The CHAIRMAN pro tempore (Mr. and we should not write law based upon former member of the Texas Supreme SHIMKUS). The gentleman from Wis- unrelated matters. Court. consin (Mr. SENSENBRENNER) has 11⁄2 That is exactly what has been offered Mr. DOGGETT. Mr. Chairman, I minutes remaining; the gentlewoman here repeatedly today to try to obfus- thank the gentlewoman for yielding me from Texas (Ms. JACKSON-LEE) has 1 cate the issue here, which is a very this time. minute remaining. simple one, and that is that our Fed- How truly typical it is, sad though it PARLIAMENTARY INQUIRY eral diversity rules are written in such is, that the first piece of legislation a way that the most complex litigation dealing with the Enron-Andersen fiasco Ms. JACKSON-LEE of Texas. Mr. in the country cannot get into the that our House Republican leadership Speaker, I have a parliamentary in- courts that were not designed to han- permits us to discuss here on the floor quiry. dle diversity cases and designed to han- of the United States Congress is a bill The CHAIRMAN pro tempore. The dle more complex litigation and de- designed to protect the wrongdoer and gentlewoman will state it. signed to consolidate class actions to place more burdens on the victims. Ms. JACKSON-LEE of Texas. As the brought in various parts of the country This is exactly the opposite of where proponent of the amendment, do I have related to the same issue. our priorities should be; yet that is the the right to close? When we create these artificial bar- approach that is taken with this piece The CHAIRMAN pro tempore. The riers to removing the case, we are not of legislation. Member on the committee opposing accomplishing justice for the plaintiff It is rather fundamental that a right the amendment has the right to close. or the defendant. Somebody in the case without a remedy, is rather meaning- Ms. JACKSON-LEE of Texas. I thank has to have the ability to remove the less. People do not choose to come to- the Chair. case to Federal court. What we say is gether in class actions because they The CHAIRMAN pro tempore. Does that any party in the case should be like to be in a class with many other the gentleman from Wisconsin wish to able to do that. If they have unclean people; they come together in class ac- close? hands, address that with the Rules of tions because often, that is the only Mr. SENSENBRENNER. The gen- Procedure that exist in the Federal way, given the complexities of our tleman does wish to close. Rules. legal system and the tremendous im- The CHAIRMAN pro tempore. The Ms. JACKSON-LEE of Texas. Mr. balance in power between one indi- Chair recognizes the gentlewoman from Chairman, will the gentleman yield? vidual who has been defrauded and one Texas (Ms. JACKSON-LEE). Mr. GOODLATTE. I yield to the gen- of the largest corporations in the Ms. JACKSON-LEE of Texas. Mr. tlewoman from Texas. world, to equalize the power. If they Chairman, I yield myself the remaining Ms. JACKSON-LEE of Texas. Mr. are working together in a class, they time, although I was hoping to hear Chairman, I appreciate the gentleman’s may have a chance, difficult as it may the distinguished chairman’s represen- argument. be, to equate in our courts of justice tation of the Cheerio box. The crux of these amendments that their rights against those who have But let me say this, in all sincerity: we have been offering on this legisla- wronged them. We have come into some very troubling tion is to talk about benefit and bur- All this bill is designed to do is to times in the litigation history of Amer- den. This amendment specifically says help those, who committed wrongs to ica. With Enron as a backdrop, and if the court has determined that docu- avoid responsibility for their wrong- Firestone that knowingly sold defec- ments have been destroyed, what we doing. This bill seeks to ensure that tive tires where tread separation are doing is undermining the plaintiffs’ wrongdoers are not held personally ac- caused more than 800 injuries, and case, which typically are little people countable for their misconduct, if they Monsanto, which hid 40 years’ worth of who have come together in a class ac- just took a little from everybody in- dumping toxic PCBs, there is great op- tion. stead of a great deal from a few. portunity for documents to be de- That defendant who has destroyed As for the importance of the gentle- stroyed, because people want to win. documents should not be allowed to woman’s amendment in the debate on The only opportunity for the little guy take the benefit of this legislation if it this particular bill, the only thing that to achieve victory sometimes is to or- passes. That is all we are saying. has been faster than those shredding ganize a class action. Mr. GOODLATTE. Mr. Chairman, re- machines shredding up the documents They have been successful in State claiming my time, there are a mul- of misconduct at Enron and Andersen, courts, but they cannot be successful titude of Federal Rules of Civil Proce- the only thing faster than those shred- under this legislation, nor can they be

VerDate 11-MAY-2000 03:54 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.128 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H877 successful when those will go know- The text of the amendment is as fol- would do that, and I still would, unlike ingly into the courthouse, who have de- lows: some of my colleagues here. stroyed documents, fraudulently mis- Amendment No. 8 offered by Mr. FRANK: When I read the bill, though, it be- represented and disadvantaged their Page 18, line 14, strike the quotation came clear that the bill does not sim- cases. marks and second period. ply say that certain class actions will This amendment will prevent that Page 18, insert the following after line 14: be tried in Federal court rather than kind of action, allowing those who ‘‘(g) PROCEDURE AFTER REMOVAL.—If, after State court; much of its attraction, I have been found to have destroyed doc- an action is removed under this section, the believe, to its proponents is that it will uments not to take advantage of this court determines that any aspect of the ac- make sure that certain potential class tion that is subject to its jurisdiction solely legislation. This is consumer protec- under the provisions of section 1332(d) may actions are never tried at all. That is tion legislation. I cannot imagine any not be maintained as a class action under the way the bill reads. of my colleagues that would not sup- Rule 23 of the Federal Rules of Civil Proce- If a class action is brought in State port this amendment. dure, the court shall remand all such aspects court, and under the liberalized re- I ask my colleagues to support the of the action to the State court from which moval procedures of this bill, it is then Jackson-Lee amendment. the action was removed. In such event, the removed to Federal court, and a Fed- Mr. SENSENBRENNER. Mr. Chair- State court may certify the action or any eral judge finds that he or she does not man, I yield myself the balance of the part thereof as a class action pursuant to the believe that it meets the requirements time. laws of that State, and such action may not for a Federal class action, it is dis- Mr. Chairman, I am really dis- be removed to Federal court unless it meets missed, in effect, with prejudice. That the requirements of section 1332(a).’’. appointed in the argument of the gen- is, it cannot ever again be tried as a tleman from Texas (Mr. DOGGETT), who MODIFICATION TO AMENDMENT NO. 8 OFFERED class action. If it was restarted in BY MR. FRANK is a distinguished former member of State court, it would go back again to Mr. FRANK. Mr. Chairman, I was in- the State Supreme Court, saying that Federal court, which would again dis- this has to do with Enron. Enron is in formed, and perhaps I should have been miss it, so that would be fruitless. An bankruptcy. Bankruptcy is a Federal paying closer attention, that there was individual case could obviously be law. The Federal bankruptcy court will some line number item alteration and brought. determine the rights of all people who I, therefore, in compliance with what So I have been asked if this is an have got claims against Enron, and has happened, ask unanimous consent amendment that guts the bill. I do not there is an automatic stake that is en- to modify the amendment, and I re- think it guts the bill. I think it does tered by the Federal court when a quest that the modification be consid- something of which I am generally bankruptcy is filed against proceeding ered as read. more in favor. I think it outs the bill. in any other court, State or Federal, The CHAIRMAN pro tempore. Is What it does is to say, let us stop pre- besides the bankruptcy court. there objection to the request of the tending to be something we are not. Now, I think what we are really get- gentleman from Massachusetts? Let us not claim simply to be a bill ting down to is, how are consumers There was no objection. that is about which jurisdiction tries being protected? I do not think most The text of Amendment No. 8, as the case. Let us be clear that its impe- consumers really care whether a class modified, is as follows: tus is to reduce the number of class ac- action suit is litigated in State court Page 18, line 25, strike the quotation tions, because people believe that some or Federal court; they care what kind marks and second period. States imprudently and improvidently of recompense they get, should the Page 18, insert the following after line 25: allow class actions and because some class action suit be resolved. ‘‘(g) PROCEDURE AFTER REMOVAL.—If, after Members in the majority, many of an action is removed under this section, the I have this box of Cheerios here, be- them, do not trust all of the State cause General Mills, which owns Cheer- court determines that any aspect of the ac- tion that is subject to its jurisdiction solely courts to honestly apply class action ios, was sued in a class action suit al- under the provisions of section 1332(d) may rules; they want to be able to go into leging that there were harmful addi- not be maintained as a class action under Federal court so the Federal court can, tives in Cheerios. When the case was Rule 23 of the Federal Rules of Civil Proce- in some cases, prevent the class action settled, what did all the members of dure, the court shall remand all such aspects from being maintained anyway. the class get? A coupon to buy another of the action to the State court from which Again, under the proposal that I ad- box of Cheerios. If Cheerios had food the action was removed. In such event, the vance in my amendment, if, in fact, the additives that were so damaging, that State court may certify the action or any case meets the criteria set forward in caused millions of dollars in lawyers’ part thereof as a class action pursuant to the this bill for removal, it is removed, and laws of that State, and such action may not fees to settle this suit out, then why be removed to Federal court unless it meets the Federal court can go forward with would the lawyers sign off to require the requirements of section 1332(a).’’. it. The only change I make is, the Fed- eral court does not have the option of people who wanted to cash in on their The CHAIRMAN pro tempore. Pursu- saying, this can never be tried as a settlement to eat more Cheerios? It ant to House Resolution 367, the gen- class action. does not make any sense. tleman from Massachusetts (Mr. The amendment ought to be rejected. So I hope the Members will adopt it. The CHAIRMAN pro tempore. The FRANK) and a Member opposed each Mr. Chairman, I reserve the balance question is on the amendment, as will control 10 minutes. of my time. modified, offered by the gentlewoman The Chair recognizes the gentleman Mr. SENSENBRENNER. Mr. Chair- from Massachusetts (Mr. FRANK). from Texas (Ms. JACKSON-LEE). man, I yield myself such time as I may The question was taken; and the Mr. FRANK. Mr. Chairman, I yield consume, and I rise in opposition to the Chairman pro tempore announced that myself such time as I may consume. amendment and claim the time in op- the noes appeared to have it. When I originally heard of this bill, I position. Ms. JACKSON-LEE of Texas. Mr. was inclined to be supportive. It was Mr. Chairman, this can be called the Chairman, I demand a recorded vote. described to me several years ago as a two-or-more-kicks-at-the-cat amend- The CHAIRMAN pro tempore. Pursu- bill that would more accurately deter- ment, because what the gentleman is ant to clause 6 of rule XVIII, further mine, in fact, whether a class action proposing is that when the Federal proceedings on the amendment offered was multistate or unistate in its real court refuses to certify a class, then it by the gentlewoman from Texas (Ms. focus. I was told, and I think there is goes back to State court and the State JACKSON-LEE) will be postponed. some accuracy, that the technical way court looks at it again and may certify It is now in order to consider Amend- in which the diversity rules operated a class. While most States have got ment No. 8 printed in House report 107– resulted in some class actions that class action rules similar to rule 23 of 375. really were national in scope being the Federal Rules of Civil Procedure, AMENDMENT NO. 8 OFFERED BY MR. FRANK tried in particular State courts when, they are not always uniformly applied, Mr. FRANK. Mr. Chairman, I offer an under our system of government, they and that is why there is all this forum amendment. would more appropriately be tried in shopping that is going around that has The CHAIRMAN pro tempore. The Federal court; and I thought that was caused this bill to come before the Clerk will designate the amendment. reasonable, and I supported a bill that House of Representatives today.

VerDate 11-MAY-2000 02:54 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.133 pfrm01 PsN: H13PT1 H878 CONGRESSIONAL RECORD — HOUSE March 13, 2002 b 1615 eralism who see a role for the Federal I urge my colleagues to oppose the So I think that we really should not courts and the State courts could, with amendment. allow two kicks at the cat. They can a straight face, promote this bill, Mr. FRANK. Mr. Chairman, I ask have their day in court. If the Federal which, in effect, preempts and sucks up unanimous consent to reclaim my court determines that the Federal all class action rights, forces them into time. rules do not allow for the certification Federal court, eliminates a State legis- The CHAIRMAN pro tempore. Is of a class, then we should not go back lature and a State judiciary’s ability to there objection to the request of the to square one and have the plaintiffs’ decide that, there are situations and gentleman from Massachusetts? lawyers shop around to a friendly State circumstances where we want a State There was no objection. judge that may very well certify that class action body of law to exist that Mr. FRANK. Mr. Chairman, I yield the class that is not allowed in the go beyond the Federal rule 23. 21⁄2 minutes to my colleague, the gen- Federal rules ends up getting certified I urge an ‘‘aye’’ vote for this amend- tleman from Massachusetts (Mr. MEE- and the trial ends up proceeding. ment. I think it is essential. With this HAN). So I think that everybody should amendment, this bill truly becomes an Mr. MEEHAN. Mr. Chairman, I rise have one day in court, not more than effort to get the true Federal class ac- in strong support of this amendment. one day in court. For that reason, I tion cases into Federal court and still Let us be clear: the vote on this would urge that the amendment be re- allows the States to decide if there are amendment will tell us whether this is jected. areas left out where they want to allow a bill aimed at giving Federal courts Mr. Chairman, I reserve the balance at least some jurisdiction so that the the chance to deal with class actions of my time. person can have his day in at least one that they currently cannot, or whether Mr. FRANK. Mr. Chairman, I yield court. this is a bill aimed at just shutting myself such time as I may consume. Mr. Chairman, I reserve the balance down all class actions. That is what Mr. Chairman, the very purpose of of my time. this is about. that amendment is to guarantee that Mr. SENSENBRENNER. Mr. Chair- Under this amendment, a class action as a class action you will get one day man, I yield 2 minutes to the gen- originally filed in State court could in court. Without that amendment, the tleman from Ohio (Mr. CHABOT). still be removed to Federal court. But bill gives no days in court. Mr. CHABOT. I thank the gentleman let us say that a Federal court will not Mr. Chairman, I ask unanimous con- for yielding time to me, Mr. Chairman. certify that class. That is where the sent that the gentleman from Cali- I rise in strong support of the bill and rubber meets the road. The failure to fornia (Mr. BERMAN) be allowed to con- in opposition to this particular amend- get class certification in Federal court trol the time. ment. It undermines the principles of does not mean that the suit lacks The CHAIRMAN pro tempore (Mr. H.R. 2341, which is that large interstate merit. It does not mean this case will SHIMKUS). Is there objection to the re- class actions should be allowed in Fed- be decided on the merits. It simply quest of the gentleman from Massachu- eral court because many State courts means it does not meet rule 23. setts? are not effectively processing these But the sponsors of this bill would There was no objection. lawsuits. shut down class actions right there, Mr. BERMAN. Mr. Chairman, I yield As chairman of the Subcommittee on just shut them all down, whether they myself 3 minutes. Mr. Chairman, just on the good the Constitution, I welcome the oppor- have merit or whether they do not, chairman’s last point, he wants to give tunity to address the criticism that saying that if it is refiled in State people a day in court. As the gen- this legislation would diminish State court, it gets shunted back out to the tleman from Massachusetts (Mr. court authority or otherwise offend Federal court that has already said it will not hear it. So what is the result? FRANK), the author of the amendment, basic federalism principles. just pointed out, without this amend- Opponents of this bill have suggested There is a merry-go-round that begins. ment, there is no day in court. They that removing a lawsuit filed in State It is nothing more than a merry-go- file their class action in State court, court to Federal court deprives the round. Justice is delayed, and then it is the defendants remove it to Federal State court of its right to decide mat- denied. court, the Federal court refuses to cer- ters of State law. But all State law- So this bill goes beyond giving Fed- tify it, remanding it back to the State based actions do not presumptively be- eral courts a chance to hear and use court, they pursue it in State court, long in State court. Federal diversity their powers to consolidate class ac- and they remove it again back to Fed- jurisdiction, established by no less tions that they currently cannot touch. eral court. They never get a chance to than the Framers of the United States It blocks class actions that were capa- try it. Constitution, allows State law-based ble of being certified under State law. If this bill is about trying to have claims to be moved from local courts This amendment would stop the merry- cases, legitimate Federal class action to Federal courts to ensure that all go-round by letting that class action, cases, heard in Federal court and not parties will be able to litigate on a sent back to State court, move forward in State courts, then the amendment level playing field and that interstate on the merits. does nothing to destroy the focus of commerce interests will be protected. There was a letter by a well-known this bill. Additionally, the expansion of diver- outside group in support of this bill in If this bill is about removing the sity included in the Class Action Fair- 1998. This is what the outside group ability of local judges, rather than Fed- ness Act is consistent with current di- said. I think it kind of gets to the meat eral judges, to give hometown kinds of versity laws, since it allows Federal of what we are talking about here: decisions and rulings, there is nothing courts to hear large cases which have ‘‘This bill would enable class action in this amendment that hurts this bill. interstate implications. By nature, suits filed in State courts to be moved It is only if one accepts, which I be- class actions fulfill these requirements. to Federal court, where such wasteful lieve is true, that the only purpose of Mr. Chairman, in most State law- lawsuits can easily be dismissed.’’ this bill is to eliminate any State or based class actions, the proposed class- That is what an outside group said. any of the 50 States’ ability to decide es encompass residents of multiple We should not let that happen. If this there are certain kinds of class actions States. Thus, the trial court, regard- is a bill about taking any kind of law- they want to hear that come outside less of whether it is a State or Federal suit and saying that they are all waste- the scope of rule 23, and that, in effect, court, must interpret and apply the ful and dismissing them early, then let this bill wipes out the right of all 50 laws of multiple jurisdictions. It is far us say that is what this is about. That States to make that decision, and de- more appropriate for a Federal court to is what the group said earlier. fines rule 23 in the Federal courts as interpret the laws of various States as This amendment allows the framers the only place to ever bring a class ac- opposed to having one State court dic- of the bill, the authors of the bill, to tion, that is the only reason to oppose tate the substantive laws of other get their way in terms of having Fed- this amendment. States. eral courts to deal with these, but lets It is hard for me to believe that For that and other reasons, I would the State courts hear these actions on States’ rights-loving adherents to fed- oppose this particular amendment, and the merits if they do not meet the

VerDate 11-MAY-2000 02:54 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.137 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H879 technical definition of a class action The amendment is a recipe for a con- b 1630 suit. tinuation of the status quo, and I urge The other example, trial lawyers get We should not let this happen. We that it not be accepted. over $100,000; the plaintiffs, four golf want to support this bill. This bill Mr. FRANK. Mr. Chairman, I yield balls. should not be about killing class ac- myself such time as I may consume. If my colleagues do not think that tion. Support this amendment. I thank the gentleman from Virginia that is abuse, then this amendment is Mr. SENSENBRENNER. Mr. Chair- for the honesty with which he acknowl- fine. If Members do, strike down the man, I yield 3 minutes to the gen- edged that the effect of the bill without amendment; do not vote for the amend- tleman from Virginia (Mr. BOUCHER). the amendment, and indeed the pur- ment because we need reform, and we (Mr. BOUCHER asked and was given pose, is to prevent many cases from need it now. permission to revise and extend his re- being class actions at all. Next example, where the attorneys marks.) I differ with one aspect of his argu- were awarded $4 million, what did the Mr. BOUCHER. Mr. Chairman, I ment when he said that some truly na- thank the gentleman from Wisconsin plaintiffs get? Thirty-three cents, only tional cases will then be, under my after they sent in for it, costing them for yielding time to me. amendment, brought to State court. Mr. Chairman, I will be brief in stat- 34 cents. So a net loss of one cent. No, I think that is not true. If they are If Members do not think there is at ing my opposition to this amendment. truly national and they truly represent If the amendment is adopted, the basic least a need for reform, vote for the a national class, they will be tried in reforms that we are seeking to achieve amendment. If Members agree that Federal court, because under this bill, simply will not be achieved. Some there is abuse, then they had better the Federal court can, under the terms cases simply should not be certified as vote for the amendment because it will of this bill, take the case from the class actions, either in the Federal or occur regardless otherwise. If it goes to State court if somebody moved it and the State courts. State court or Federal court, goes back Federal Rule of Civil Procedure 23 is try it in the Federal court. So we are to State court, we have the abuse narrowly drawn so as to protect the not saying that truly national ones again. It does not solve anything. rights of both plaintiffs and defendants cannot be done in Federal court. I urge my colleagues to vote against to traditional due process as their What this bill does is to say very the amendment. It is the only way re- rights are litigated. Under rule 23, simply, in modern slang, rule 23 rules. form will occur. Vote against the cases that are overly broad because of What it says is this: rule 23 of the Fed- amendment. If Members vote for the conflicting laws that establish the eral Rules of Civil Procedure describ- amendment, no reform occurs. If Mem- rights of individual class members, or ing class actions is now, by this bill, bers believe that we have fraudulent because of the factual differences in the rule for every State in America. No abuse as it stands, Members have to the circumstances of the plaintiffs, will State can deviate from rule 23, because vote against the amendment. not be certified as class actions. Only if you have a different description of If Members believe the situation, the through denial of certification can the what class action ought to be, then you status quo is fine, then certainly vote rights of the plaintiff class members be will lose to the Federal people. for the amendment. protected. Now, I find it particularly odd that The CHAIRMAN pro tempore (Mr. When cases are denied class action my friends who pretend to be for SHIMKUS). All time for debate has ex- status, all of the individual plaintiffs States’ rights, and excuse me, I do not pired. are then free to file their individual want to violate the rules, who assert The question is on the amendment, claims, no one is denied a right to re- that they are for States’ rights, now as modified, offered by the gentleman cover damages, and another class ac- want to say that rule 23 will preempt from Massachusetts (Mr. FRANK). tion can be instituted in State court if any State law to the contrary, because The question was taken; and the it is reconfigured to be a state-centered that is what this bill does. This bill Chairman pro tempore announced that class action. says the Federal standard for class ac- the noes appeared to have it. I want to stress that denial of class tion will be the standard to govern ev- Mr. FRANK. Mr. Chairman, I demand action status in Federal court when erywhere. a recorded vote. the case is removed does not mean an Mr. SENSENBRENNER. Mr. Chair- The CHAIRMAN pro tempore. Pursu- end to the litigation. It does not pre- man, I yield the balance of my time to ant to clause 6 of rule XVIII, further clude recovery by the plaintiffs, either the gentleman from Arizona (Mr. proceedings on the amendment, as in individual actions or in a reconfig- FLAKE). modified, offered by the gentleman ured class action proceeding. The CHAIRMAN pro tempore. The from Massachusetts will be postponed. But if the gentleman’s amendment is gentleman from Arizona (Mr. FLAKE) is It is now in order to consider Amend- adopted, any case which, because of its recognized for 31⁄2 minutes. ment No. 9 printed in House Report broad scope, cannot meet the require- Mr. FLAKE. Mr. Chairman, I thank 107–375. ments of Federal Rule 23, and therefore the gentleman for yielding time to me. AMENDMENT NO. 9 OFFERED BY MS. HART is dismissed as a class action in Fed- Mr. Chairman, what this boils down Ms. HART. Mr. Chairman, I offer an eral court, could then be certified as a to is if we believe there is a need for re- amendment. class action in State court from which form, it is with class action or not. If The CHAIRMAN pro tempore. The it was removed. The case would be free Members do not believe there is a need Clerk will designate the amendment. to proceed as a State class action, and for reform, then this amendment is The text of the amendment is as fol- no further removal to Federal court fine, because under this amendment we lows: would then be allowed. have no change at all. There is no re- Amendment No. 9 offered by Ms. HART: Under the amendment, the cases that form, because anything that goes to Page 19, insert the following after line 11 are truly national in scope would still the Federal court can come right back and redesignate the succeeding section ac- be heard in State court, and some to the State court, where the abuse oc- cordingly: States would continue to apply their curred in the first place. SEC. 7. REPORT ON CLASS ACTION SETTLE- MENTS. The examples of abuse are rampant often unique laws to govern the rights (a) IN GENERAL.—Not later than 12 months of plaintiffs who live in States that here. We have gone through them be- after the date of the enactment of this Act, have laws that would dictate that an fore, but it serves us well to go through the Judicial Conference of the United States, opposite result be reached. a few of them again. with the assistance of the Director of the This extraterritorial application of In this case, trial lawyers, $2 million; Federal Judicial Center and the Director of State law does serious damage to our the plaintiffs, a coupon for a box of the Administrative Office of the United traditional principles of federalism. It Cheerios. That kind of abuse, if allowed States Courts, shall prepare and transmit to is a kind of reverse federalism that by this amendment, would go up to the the Committees on the Judiciary of the Sen- ate and House of Representatives a report on should not continue. But under the Federal court. If the Federal court says class action settlements in the Federal amendment that is now pending, it under rule 23 it does not qualify as a courts. would continue. Our basic reform class action, it goes back to the State (b) CONTENT.—The report under subsection would not be achieved. court, where the abuse can occur again. (a) shall contain—

VerDate 11-MAY-2000 02:54 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.138 pfrm01 PsN: H13PT1 H880 CONGRESSIONAL RECORD — HOUSE March 13, 2002 (1) recommendations on the best practices tlewoman from Pennsylvania (Ms. ticularly through its Advisory Com- that courts can use to ensure that proposed HART) and a Member opposed each will mittee on Civil Rules, is already devot- class action settlements are fair to the class control 10 minutes. ing considerable time and energy to members whom the settlements are supposed The Chair recognizes the gentle- this important issue. The committee to benefit; (2) recommendations on the best practices woman from Pennsylvania (Ms. HART). has held public hearings already, they that courts can use to ensure that— Ms. HART. Mr. Chairman, I yield my- have conducted research, they have (A) the fees and expenses awarded to coun- self such time as I may consume. drafted and proposed civil rules amend- sel in connection with a class action settle- The editorial that many have re- ments, and these are all intended to ment appropriately reflect the extent to ferred to today that appeared in last bring more rationality to class settle- which counsel succeeded in obtaining full re- Saturday’s Washington Post sup- ments. dress for the injuries alleged and the time, porting the passage of H.R. 2341 did get I believe that we should applaud the expense, and risk that counsel devoted to the it right. Too often our current class ac- efforts of our Federal judges in this re- litigation; and tion system allows trial lawyers to en- (B) the class members on whose behalf the gard. Thus, I offer this amendment not settlement is proposed are the primary bene- rich themselves without benefiting to give our diligent Federal judges a ficiaries of the settlement; and those that those lawyers represent. new homework assignment, but rather (3) the actions that the Judicial Conference As presented, though, H.R. 2341 would I offer it to recognize their effort and of the United States has taken and intends have corrective influence on this prob- suggest that they continue their inves- to take toward having the Federal judiciary lem, particularly by allowing the re- tigation in this arena and encourage implement any or all of the recommenda- moval of more interstate class actions them to complete this project. tions contained in the report. from the State courts to the Federal Second, Mr. Chairman, I wish to em- (c) AUTHORITY OF FEDERAL COURTS.—Noth- courts. Empirical data indicate that ing in this section shall be construed to alter phasize this amendment would not di- the authority of the Federal courts to super- this problem of attorneys getting the rectly regulate attorneys’ fee awards. I vise attorney’s fees. biggest piece of class action settle- truly believe that the attorneys’ fees MODIFICATION OF AMENDMENT NO. 9 OFFERED ments is fundamentally a State court lie at the root of the key problems in BY MS. HART problem. Our Federal courts have done what the Washington Post editorial re- Ms. HART. Mr. Chairman, I ask a far better job of ensuring that that ferred to as the ‘‘sorry world of class unanimous consent to modify the does not happen. action litigation here in the United amendment and further request that Though I do support the bill in all its States.’’ I also recognize an effort by such modification be considered as respect, I would like to add one modest this body to regulate directly the read. piece to the legislation that I believe award of such fees could be very divi- The CHAIRMAN pro tempore. Is would aid in ensuring that these class sive. there objection to the request of the actions do benefit to serve the class The bill that we presently have be- gentlewoman from Pennsylvania? members, not just the attorneys. fore us is worthy of, and actually has, There was no objection. The amendment is a request by Con- healthy bipartisan support. So my pro- The text of the amendment, as modi- gress that the Judicial Conference of posal on the fees issue is a very limited fied, is as follows: the United States, our Federal judges, one. It would simply encourage the Page 19, insert the following after line 21 prepare for the House and Senate Com- completion of the work that our Fed- and redesignate the succeeding section ac- mittees on the Judiciary a report on eral judges have undertaken to develop cordingly: class action settlements. As envisioned best practices on this issue, all within SEC. 7. REPORT ON CLASS ACTION SETTLE- by my amendment, that report would the current framework of the attor- MENTS. have several parts. neys’ fee awards. (a) IN GENERAL.—Not later than 12 months First, it would contain the judges’ For all of these reasons, I urge my after the date of the enactment of this Act, recommendations on best practices colleagues to adopt the amendment. the Judicial Conference of the United States, that the court will use to ensure that Mr. SENSENBRENNER. Mr. Chair- with the assistance of the Director of the these proposed class action settlements Federal Judicial Center and the Director of man, will the gentlewoman yield? the Administrative Office of the United are fair to the class members, that is, Ms. HART. I yield to the gentleman States Courts, shall prepare and transmit to the plaintiffs. After all, these class from Wisconsin. the Committees on the Judiciary of the Sen- members are the people that the settle- Mr. SENSENBRENNER. Mr. Chair- ate and House of Representatives a report on ments are supposed to benefit, but as man, I think that this is a very con- class action settlements in the Federal we have seen, have not been benefiting. structive amendment, and I would urge courts. We need to find ways to make sure that the House to adopt it. (b) CONTENT.—The report under subsection they are not forgotten when their Ms. HART. Mr. Chairman, I reserve (a) shall contain— claims are being settled. the balance of my time. (1) recommendations on the best practices that courts can use to ensure that proposed Second, this report will contain rec- The CHAIRMAN pro tempore. Does class action settlements are fair to the class ommendations on best practices that any Member claim the time in opposi- members whom the settlements are supposed the courts would use first to ensure tion? to benefit; that attorneys’ fees in class settle- Ms. JACKSON-LEE of Texas. Mr. (2) recommendations on the best practices ments appropriately reflect the results Chairman, I rise in opposition to the that courts can use to ensure that— that the attorneys get for the class amendment. (A) the fees and expenses awarded to coun- members; and also the report would The CHAIRMAN pro tempore. The sel in connection with a class action settle- contain recommendations to ensure gentlewoman from Texas (Ms. JACK- ment appropriately reflect the extent to SON-LEE) is recognized. which counsel succeeded in obtaining full re- that class members, and not the law- dress for the injuries alleged and the time, yers, are the primary beneficiaries of a Ms. JACKSON-LEE of Texas. Mr. expense, and risk that counsel devoted to the settlement. Chairman, it is my pleasure to yield 41⁄2 litigation; and Finally, the report would indicate minutes to the distinguished gen- (B) the class members on whose behalf the the Judicial Conference’s plans for im- tleman from Massachusetts (Mr. MAR- settlement is proposed are the primary bene- plementing the good practices rec- KEY). ficiaries of the settlement; and ommendations. Mr. MARKEY. Mr. Chairman, I thank (3) the actions that the Judicial Conference I believe that the value of this the gentlewoman from Texas (Ms. of the United States has taken and intends amendment is obvious, Mr. Chairman, JACKSON-LEE) for yielding me the time. to take toward having the Federal judiciary implement any or all of the recommenda- but let me make two points about its There is kind of a breathtaking level tions contained in the report. purposes. of temerity that the Republicans are (c) AUTHORITY OF FEDERAL COURTS.—Noth- First, I want to stress that this engaging in today. As the Enron case ing in this section shall be construed to alter amendment is not intended in any way and many others hang over our coun- the authority of the Federal courts to super- to be an intrusion on the judicial try’s financial marketplace, as Arthur vise attorney’s fees. branch of our government. I offer this Andersen basically struggles for sur- The CHAIRMAN pro tempore. Pursu- amendment because I have been ad- vival of all of the fraudulent activity ant to House Resolution 367, the gen- vised that the Judicial Conference, par- that was perpetrated on investors, on

VerDate 11-MAY-2000 02:54 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.050 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H881 workers, on consumers across this we have to defeat this bill. It is ter- lican Act. Specifically, he was talk country, the Republican response to it rible. It says we cannot trust the about the Securities Litigation Reform is to bring out yet another bill that States, we cannot trust local courts, Act of 1995. will make it difficult for those ordi- we cannot give local people a chance to b 1645 nary investors and workers to bring decide whether or not local, fraudulent, suits against the big guys, the people big companies have hurt the investors First, it was not the 1995 Republican who play games with the books. and the workers in their community. Act. It was passed overwhelmingly by It is almost like there is no shame That is a vision of the past, not of Democrats and Republicans, including such well-known Democrats as the whatsoever, and I would almost under- the future. Defeat this bill. stand it if they kind of snuck this Ms. HART. Mr. Chairman, I yield 2 chairman of the Democratic National Committee, CHRIS DODD from Con- through in July or August when the minutes to the gentlewoman from Or- necticut, who supported this in the coast was clear on the Enron and Ar- egon (Ms. HOOLEY). Senate, in the other body; TED KEN- thur Andersen case, that had kind of Ms. HOOLEY of Oregon. Mr. Chair- NEDY, from the Member’s own State man, I rise today in complete support died down a little bit. who made these remarks; my own Sen- What they are doing today is putting of the idea behind my colleague from ator FEINSTEIN, and so on. And it was in place a dangerous anticonsumer, Pennsylvania’s amendment to H.R. supported by all these Democrats and anti-investor and antiworker piece of 2341. Republicans because it benefits the legislation. They are standing with the It seems perfectly logical to want to plaintiffs in these cases. Enrons of the world, the Arthur Ander- know exactly whether or not this legis- The Enron case is the best example. sens of the world against the consumer, lation is really needed by requesting a In the old days, before this law, the against the investors in our country, report on Federal class action settle- first plaintiff to file would have been and it is just incredible to me. ments. We need to know what we are able to pick who the lead plaintiff in However, remember, the first article doing. the case is and collusion between the of the Republican Contract with Amer- This report would include rec- lawyers and the favored class member ica back in 1995 was passing out on this ommendations on how to ensure settle- through bonus payments, which were floor the Private Securities Litigation ments are fair, that they are in the also outlawed in that legislation, re- Reform Act of 1995. Amongst other best interests of the plaintiffs, and that sulted in cents on the dollar. But now things, that is making it very difficult the expenses awarded to the lawyers the University of California Regents for people to sue Arthur Andersen right are appropriate. have been selected as the lead plaintiff now because they no longer have joint I end up asking myself, why are we in the Enron case, and they will be a and several liability. They only have considering this as an amendment? real lead plaintiff and stand up for the proportionate liability. Even as their Why not its own legislation? Why rights of all the plaintiffs. That is the auditors and consultants are together would we pass legislation and then kind of reform that both Democrats playing the game and keeping score, amend it with a requirement that we and Republicans supported. because of that 1995 Act it is hard to be told whether or not the legislation Mr. TAUZIN. Mr. Chairman, will the make them liable, and everyone knows was actually necessary in the first gentleman yield? that they were part of this game. place? That makes no sense. Mr. COX. I yield to the gentleman Today, we see the results of their fine I propose today that we work to- from Louisiana, the chairman of the handiwork. Just a few weeks ago, gether and pass this amendment as Committee on Energy and Commerce. Members may have read press reports stand-alone legislation and then revisit Mr. TAUZIN. Mr. Chairman, I thank about Arthur Andersen reaching a $217 this whole area of class action reform the gentleman for yielding to me. million settlement in a class action when we have the recommendations The Security Litigation Reform Act, lawsuit brought under State law in the from the report and can act accord- passed in 1995, was indeed passed by a State of Arizona against Arthur Ander- ingly. great overwhelming majority of the sen in connection with a fraud involv- To date, we have not been provided House and Senate Democrats and Re- ing a charity organization. According with comprehensive data justifying the publicans. It was the first class action reform, and it stopped the strike suits to the testimony delivered to the Com- changes proposed in this legislation. that were filed against American cor- mittee on the Judiciary at around the The report would give Congress a porations not to win judgments for same time the State class action was chance to really understand whether or fraud but just to shake them down. filed, a Federal class action was also not these reforms are even necessary. Ninety-five percent of those cases filed, same case, same facts, State I offer today to spearhead an effort in were being settled at 10 cents on the court, Federal court. this body to quickly adapt stand-alone dollar. They were shake-down lawsuits Guess what happened to the Federal legislation introduced by the gentle- designed to defraud the companies. class action. It was thrown out of court woman from Pennsylvania (Ms. HART) These class action lawsuits before the because the Republicans in 1995 that would require such a report. 1995 act were not real efforts to find changed the pleading standards in the Mr. CONYERS. Mr. Chairman, will fraud, and those reforms have indeed Federal securities laws to favor wrong- the gentlewoman yield? protected constituents across America. doers. So these poor people who have Ms. HOOLEY of Oregon. I yield to the The class action suit brought against been defrauded could not even get into gentleman from Michigan. Enron now is the best example. Where Federal court. Mr. CONYERS. Mr. Chairman, could there is real evidence of fraud, those What happens? We have a controlled we hold up this bill till we get the re- suits go forward. The strike suits, on experiment seeing what happens in port? the other hand, have ended; and they Federal and State court. The same peo- Ms. HOOLEY of Oregon. Mr. Chair- should have ended a long time ago. ple now go to the State court with the man, I would either withdraw this pro- That is good reform, just like this bill same case, same facts. In the State posal today so that, in fact, we could before us. court, the plaintiffs win. They can win. do this amendment as a stand-alone ANNOUNCEMENT BY THE CHAIRMAN PRO They do win. Same case, same events, bill. TEMPORE same facts. In Federal court, under the Ms. JACKSON-LEE of Texas. Mr. The CHAIRMAN pro tempore (Mr. 1995 Republican Act, wrongdoers are Chairman, I reserve the balance of my SHIMKUS). Members are reminded to protected. They cannot recover, they time. avoid inappropriate references, under are out $217 million. In the State Ms. HART. Mr. Chairman, I yield 2 House rules, to Members of the other courts, the plaintiffs won. The wrong- minutes to the gentleman from Cali- body. doers lost. fornia (Mr. COX). Ms. JACKSON-LEE of Texas. Mr. What is the Republican vision of the Mr. COX. Mr. Chairman, I thank the Chairman, may I inquire about how future? They now want to do that for author of this amendment for yielding much time I have remaining. all classes of all plaintiffs. They want me the time. The CHAIRMAN pro tempore. The to take the public’s legal rights away, One of the previous speakers referred gentlewoman from Texas (Ms. JACK- and that is what this bill would do. So to something he called the 1995 Repub- SON-LEE) has 51⁄2 minutes remaining,

VerDate 11-MAY-2000 04:10 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.144 pfrm01 PsN: H13PT1 H882 CONGRESSIONAL RECORD — HOUSE March 13, 2002 and the gentlewoman from Pennsyl- ponent of the amendment would have The Chair will reduce to 5 minutes vania (Ms. HART) has 11⁄2 minutes re- rather and would liked for this to be a the time for any electronic vote after maining. stand-alone amendment and leave the the first vote in this series. Ms. JACKSON-LEE of Texas. Mr. class action legislation off to the side. AMENDMENT NO. 7, AS MODIFIED, OFFERED BY Chairman, I yield 1 minute to the gen- Leave it where it is right now. Do not MS. JACKSON-LEE of texas tleman from Michigan (Mr. CONYERS), proceed with it. Let us get a study to The CHAIRMAN pro tempore. The the distinguished ranking member of find out if in fact there is a problem pending business is the demand for a the Committee on the Judiciary. with class actions in State courts recorded vote on amendment No. 7 of- Mr. CONYERS. Mr. Chairman, the versus Federal courts. fered by the gentlewoman from Texas distinguished chairman of the Com- I am confused about a study after the (Ms. JACKSON-LEE) on which further mittee on Energy and Commerce was fact. I believe those who oppose this proceedings were postponed and on talking about sham class action law- legislation have been asking repeatedly which the noes prevailed by voice vote. suits. I do not know which ones he was to be given the data to suggest there is The Clerk will redesignate the talking about, but he was not talking a premise for denying plaintiffs, that is amendment. about the Firestone case, the Monsanto the little guy, to get into State court. The Clerk redesignated the amend- case, the W.R. Grace case, all the to- In fact, Mr. Chairman, I will later sub- ment. bacco company cases, the asbestos mit for the RECORD letters from the RECORDED VOTE cases, the black lung case, air bags, Federal courts that absolutely oppose The CHAIRMAN pro tempore. A re- Pinto, and it goes on and on. the underlying legislation. None of those were sham lawsuits I am concerned that we would make corded vote has been demanded. settled at 10 cents on the dollar. And I light of the decisions in State courts A recorded vote was ordered. am sorry he is not here to further ex- when I have already noted for the The vote was taken by electronic de- plain which cases he had in mind. record the Foodmaker, Inc. case, the vice, and there were—ayes 177, noes 248, Ms. HART. Mr. Chairman, I yield my- parent company of the Jack-in-the- not voting 9, as follows: self the balance of my time. Box, where three children died and 500 [Roll No. 59] The debate, unfortunately, around people were part of a class. Most of AYES—177 this amendment has not really dealt these children were made sick by Abercrombie Hilliard Oberstar with this amendment. I would like to undercooked hamburgers. I believe this Ackerman Hinchey Obey clarify that this amendment has abso- case was in a State court. The settle- Andrews Hoeffel Olver Baca Holt Ortiz lutely nothing to do with Enron, Mr. ment was approved on September 25, Baird Honda Owens Chairman. 1996; and it was a reputable settlement Baldacci Hooley Pallone This amendment has to do with doing for people who had no other oppor- Baldwin Hoyer Pascrell what is right. It has to do with Con- Barcia Inslee Pastor tunity to address their grievances Becerra Israel Paul gress requesting facts, requesting the other than to go into Washington Su- Berkley Jackson (IL) Payne Judicial Conference to prepare a report perior Court in King County. Berman Jackson-Lee Pelosi for us, for the House and Senate Com- This legislation, Mr. Chairman, is Berry (TX) Phelps Bishop Jefferson Pomeroy mittees on the Judiciary, so that we one that does not protect the con- Bonior Johnson, E. B. Price (NC) know and we have better information sumers. The gentlewoman would do Borski Jones (OH) Rahall about class action settlements. well to have her amendment presented Boswell Kanjorski Rangel The report would contain rec- Brady (PA) Kaptur Reyes singly, standing alone, to provide us Brown (FL) Kennedy (RI) Rivers ommendations from the judges on best with the data so that we might make Brown (OH) Kildee Rodriguez practices to ensure that attorneys’ fees an intelligent decision not on behalf of Capps Kleczka Ross in class settlements actually reflect special interests but on behalf of the Capuano Kucinich Rothman Cardin LaFalce Roybal-Allard the results of those class actions, that consumers of America, the children Carson (IN) Lampson Rush is, that the attorneys get appropriate that died from the tainted hamburger Clay Langevin Sabo fees, the class action members, the at the Jack-in-the-Box, those impacted Clayton Lantos Sanchez plaintiffs, actually get a settlement in- Clement Larsen (WA) Sanders by asbestos, and those impacted by the Clyburn Larson (CT) Sandlin stead of 33 cents. Firestone tires. Those are the people Conyers Lee Sawyer It is a simple amendment that com- we should be trying to impact in this Costello Levin Schakowsky plements the work our Federal judges House today, particularly in light of Coyne Lewis (GA) Schiff Crowley Lipinski Scott have already begun. It urges them to the ups and downs that we have had in Cummings Lowey Serrano complete their report 12 months after corporate America over the last couple Davis (CA) Luther Sherman the bill is passed so that we will make of months. DeFazio Lynch Shows sure that we are not just paying lip I would ask my colleagues to recog- DeGette Maloney (CT) Slaughter Delahunt Maloney (NY) Smith (WA) service to our constituents who believe nize that this amendment may have a DeLauro Markey Solis that class actions have become a joke good underlying basis; but in fact, the Deutsch Mascara Spratt in this country. It is to make sure that question is why not have it do the job Dicks Matheson Stark Dingell Matsui Strickland class action lawsuits are real and real- without this legislation. I ask my col- Doggett McCarthy (MO) Stupak ly provide a real answer to the con- leagues to oppose the underlying legis- Doyle McCarthy (NY) Tanner cerns that were brought to the court. lation. Duncan McCollum Thompson (MS) Mr. Chairman, I urge adoption of the The CHAIRMAN pro tempore. The Edwards McDermott Tierney Engel McGovern Towns amendment. question is on the amendment, as Etheridge McIntyre Turner Ms. JACKSON-LEE of Texas. Mr. modified, offered by the gentlewoman Evans McKinney Udall (CO) Chairman, I yield myself such time as from Pennsylvania (Ms. HART). Farr Meehan Udall (NM) I may consume. The amendment, as modified, was Fattah Meek (FL) Velazquez Filner Meeks (NY) Visclosky I certainly attribute to the gentle- agreed to. Ford Menendez Waters woman from Pennsylvania her concern SEQUENTIAL VOTES POSTPONED IN COMMITTEE Frost Millender- Watson (CA) about the consumers, inasmuch as she OF THE WHOLE Gephardt McDonald Watt (NC) Gilman Miller, George Waxman has offered an amendment to deter- The CHAIRMAN pro tempore. Pursu- Gonzalez Mink Weiner mine the facts of how this legislation ant to clause 6 of rule XVIII, pro- Green (TX) Mollohan Wexler would impact those consumers or indi- ceedings will now resume on those Gutierrez Moore Woolsey viduals petitioning the courts. I would amendments on which further pro- Hall (OH) Nadler Wu Harman Napolitano Wynn have liked this amendment to precede ceedings were postponed in the fol- Hastings (FL) Neal the passage of this legislation. And, in lowing order: amendment No. 7 offered fact, in the discourse just had with the by the gentlewoman from Texas (Ms. NOES—248 gentleman from Michigan (Mr. CON- JACKSON-LEE) and amendment No. 8 of- Aderholt Bachus Bartlett Akin Baker Barton YERS) and a proponent of the amend- fered by the gentleman from Massachu- Allen Ballenger Bass ment, it was just noted that the pro- setts (Mr. FRANK). Armey Barr Bereuter

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Biggert Gutknecht Platts ANNOUNCEMENT BY THE CHAIRMAN PRO Sanchez Solis Udall (NM) Bilirakis Hall (TX) Pombo TEMPORE Sanders Spratt Velazquez Blumenauer Hansen Portman Sandlin Stark Visclosky Blunt Hart Pryce (OH) The CHAIRMAN pro tempore (Mr. Sawyer Strickland Watson (CA) Boehlert Hastings (WA) Putnam SHIMKUS). Pursuant to clause 6 of rule Schakowsky Stupak Watt (NC) Boehner Hayes Quinn XVIII, the Chair announces that he Schiff Tauscher Waxman Bonilla Hayworth Radanovich will reduce to a minimum of 5 minutes Scott Thompson (CA) Weiner Bono Hefley Ramstad Serrano Thompson (MS) Wexler Boozman Herger Regula the period of time within which a vote Sherman Thurman Woolsey Boucher Hill Rehberg by electronic device will be taken on Shows Tierney Wu Boyd Hilleary Reynolds the remaining amendment on which Skelton Towns Wynn Brady (TX) Hobson Riley the Chair postponed further pro- Slaughter Turner Brown (SC) Hoekstra Roemer Snyder Udall (CO) Bryant Holden Rogers (KY) ceedings. Burr Horn Rogers (MI) AMENDMENT NO. 8, AS MODIFIED, OFFERED BY Burton Hostettler Rohrabacher NOES—234 Buyer Houghton Ros-Lehtinen MR. FRANK Aderholt Graham Petri Callahan Hulshof Roukema The CHAIRMAN pro tempore. The Akin Granger Pickering Calvert Hunter Royce pending business is the demand for a Armey Graves Pitts Camp Hyde Ryan (WI) Bachus Green (WI) Platts Cannon Isakson Ryun (KS) recorded vote on amendment No. 8, as Baker Greenwood Pombo Cantor Issa Saxton modified, offered by the gentleman Ballenger Grucci Portman Capito Istook Schaffer from Massachusetts (Mr. FRANK), on Barr Gutknecht Pryce (OH) Carson (OK) Jenkins Schrock which further proceedings were post- Bartlett Hansen Putnam Castle John Sensenbrenner Barton Hart Quinn Chabot Johnson (CT) Sessions poned and on which the noes prevailed Bass Hastings (WA) Radanovich Chambliss Johnson (IL) Shadegg by voice vote. Bereuter Hayes Ramstad Coble Johnson, Sam Shaw The Clerk will redesignate the Biggert Hayworth Regula Collins Jones (NC) Shays Bilirakis Hefley Rehberg Combest Keller Sherwood amendment. Blunt Herger Reynolds Condit Kelly Shimkus The Clerk redesignated the amend- Boehlert Hilleary Riley Cooksey Kennedy (MN) Shuster ment. Boehner Hilliard Rogers (KY) Cox Kerns Simmons Bonilla Hobson Rogers (MI) Cramer Kind (WI) Simpson RECORDED VOTE Bono Hoekstra Rohrabacher Crane King (NY) Skeen The CHAIRMAN pro tempore. A re- Boozman Holden Ros-Lehtinen Crenshaw Kingston Skelton corded vote has been demanded. Boucher Horn Roukema Cubin Kirk Smith (MI) Boyd Hostettler Royce Culberson Knollenberg Smith (NJ) A recorded vote was ordered. Brady (TX) Houghton Ryan (WI) Cunningham Kolbe Smith (TX) The CHAIRMAN pro tempore. This Brown (SC) Hulshof Ryun (KS) Davis (FL) LaHood Snyder will be a 5-minute vote. Bryant Hunter Saxton Davis, Jo Ann Latham Souder Burr Hyde Schaffer Davis, Tom LaTourette Stearns The vote was taken by electronic de- Burton Isakson Schrock Deal Leach Stenholm vice, and there were—ayes 191, noes 234, Buyer Issa Sensenbrenner DeLay Lewis (CA) Stump not voting 9, as follows: Callahan Jenkins Sessions DeMint Lewis (KY) Sullivan Calvert John Shadegg Diaz-Balart Linder Sununu [Roll No. 60] Camp Johnson (CT) Shaw Dooley LoBiondo Sweeney AYES—191 Cantor Johnson (IL) Shays Doolittle Lofgren Tancredo Capito Johnson, Sam Sherwood Dreier Lucas (KY) Tauscher Abercrombie Farr Maloney (CT) Castle Jones (NC) Shimkus Dunn Lucas (OK) Tauzin Ackerman Fattah Maloney (NY) Chabot Keller Shuster Ehlers Manzullo Taylor (MS) Allen Filner Markey Chambliss Kelly Simmons Ehrlich McCrery Taylor (NC) Andrews Ford Mascara Coble Kennedy (MN) Simpson Emerson McHugh Terry Baca Frank Matheson Collins Kerns Skeen English McInnis Thomas Baird Frost Matsui Combest Kind (WI) Smith (MI) Everett McKeon Thompson (CA) Baldacci Gephardt McCarthy (MO) Cooksey King (NY) Smith (NJ) Ferguson McNulty Thornberry Baldwin Gilman McCarthy (NY) Cox Kingston Smith (TX) Flake Mica Thune Barcia Gonzalez McCollum Cramer Kirk Smith (WA) Fletcher Miller, Dan Thurman Becerra Gordon McDermott Crane Knollenberg Souder Foley Miller, Gary Tiahrt Berkley Green (TX) McGovern Crenshaw Kolbe Stearns Forbes Miller, Jeff Tiberi Berman Gutierrez McIntyre Cubin LaHood Stenholm Fossella Moran (KS) Toomey Berry Hall (OH) McKinney Culberson Latham Stump Frank Moran (VA) Upton Bishop Hall (TX) McNulty Cunningham LaTourette Sullivan Frelinghuysen Morella Vitter Blumenauer Harman Meehan Davis, Jo Ann Leach Sununu Gallegly Myrick Walden Bonior Hastings (FL) Meek (FL) Davis, Tom Lewis (CA) Sweeney Ganske Nethercutt Walsh Borski Hill Meeks (NY) Deal Lewis (KY) Tancredo Gekas Ney Wamp Boswell Hinchey Menendez DeLay Linder Tanner Gibbons Northup Watkins (OK) Brady (PA) Hoeffel Millender- DeMint LoBiondo Tauzin Gilchrest Norwood Watts (OK) Brown (FL) Holt McDonald Diaz-Balart Lucas (KY) Taylor (MS) Gillmor Nussle Weldon (FL) Brown (OH) Honda Miller, George Dooley Lucas (OK) Taylor (NC) Goode Osborne Weldon (PA) Cannon Hooley Mink Doolittle Manzullo Terry Goodlatte Ose Weller Capps Hoyer Mollohan Dreier McCrery Thomas Gordon Otter Whitfield Capuano Inslee Moore Duncan McHugh Thornberry Goss Oxley Wicker Cardin Israel Nadler Dunn McInnis Thune Graham Pence Wilson (NM) Carson (IN) Istook Napolitano Ehlers McKeon Tiahrt Granger Peterson (MN) Wilson (SC) Carson (OK) Jackson (IL) Neal Ehrlich Mica Tiberi Graves Peterson (PA) Wolf Clay Jackson-Lee Oberstar Emerson Miller, Dan Toomey Green (WI) Petri Young (AK) Clayton (TX) Obey English Miller, Gary Upton Greenwood Pickering Young (FL) Clement Jefferson Olver Everett Miller, Jeff Vitter Grucci Pitts Clyburn Johnson, E. B. Ortiz Ferguson Moran (KS) Walden Condit Jones (OH) Owens Flake Moran (VA) Walsh NOT VOTING—9 Conyers Kanjorski Pallone Fletcher Morella Wamp Costello Kaptur Pascrell Foley Myrick Waters Barrett Davis (IL) Kilpatrick Coyne Kennedy (RI) Pastor Forbes Nethercutt Watkins (OK) Bentsen Eshoo Murtha Crowley Kildee Payne Fossella Ney Watts (OK) Blagojevich Hinojosa Traficant Cummings Kleczka Pelosi Frelinghuysen Northup Weldon (FL) Davis (CA) Kucinich Peterson (MN) Gallegly Norwood Weldon (PA) Davis (FL) LaFalce Phelps b 1719 Ganske Nussle Weller DeFazio Lampson Pomeroy Gekas Osborne Whitfield DeGette Langevin Price (NC) Gibbons Ose Wicker Messrs. LEACH, SIMPSON and Delahunt Lantos Rahall Gilchrest Otter Wilson (NM) BASS, Mrs. JOHNSON of Connecticut DeLauro Larsen (WA) Rangel Gillmor Oxley Wilson (SC) and Mrs. BONO changed their vote Deutsch Larson (CT) Reyes Goode Paul Wolf Dicks Lee Rivers Goodlatte Pence Young (AK) from ‘‘aye’’ to ‘‘no.’’ Dingell Levin Rodriguez Goss Peterson (PA) Young (FL) So the amendment, as modified, was Doggett Lewis (GA) Roemer Doyle Lipinski Ross NOT VOTING—9 rejected. Edwards Lofgren Rothman Engel Lowey Roybal-Allard Barrett Davis (IL) Kilpatrick The result of the vote was announced Etheridge Luther Rush Bentsen Eshoo Murtha as above recorded. Evans Lynch Sabo Blagojevich Hinojosa Traficant

VerDate 11-MAY-2000 04:33 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.049 pfrm01 PsN: H13PT1 H884 CONGRESSIONAL RECORD — HOUSE March 13, 2002 b 1728 Mr. SANDLIN moves to recommit the bill terrorists based on the language of this H.R. 2341 to the Committee on the Judiciary motion. We have excluded terrorists. So the amendment, as modified, was with instructions that the Committee report rejected. The last thing we should be doing the same back to the House with the fol- today is anything that will make the The result of the vote was announced lowing amendment: as above recorded. Page 19, add the following after line 25: terrorists lives easier. Stated against: Any defendant who is a knowing partici- Let us vote yes on the motion, send Mr. CANNON. Mr. Chairman, on rollcall No. pant in any conspiracy to hijack any aircraft the bill back to committee, and let us 60, I inadvertently voted ‘‘aye’’ but I meant to or commit an act of terrorism shall not be fix this bill. vote ‘‘no.’’ entitled to remove a class action to federal Mr. SENSENBRENNER. Mr. Speak- The CHAIRMAN pro tempore. The court pursuant to section 1332(d) of title 28, er, I rise in opposition to the motion to as added by section 4 of this Act. question is on the committee amend- recommit. ment in the nature of a substitute, as The SPEAKER pro tempore. Pursu- Mr. Speaker, this is not the usual amended. ant to the rule, the gentleman from motion to recommit that this House The committee amendment in the Texas (Mr. SANDLIN) is recognized for 5 considers at the end of legislation. nature of a substitute, as amended, was minutes in support of his motion. Those motions direct the committee of agreed to. Mr. SANDLIN. Mr. Speaker, by mat- jurisdiction to report the legislation The CHAIRMAN pro tempore. Under ter of correction, retraction and addi- back to the House forthwith with an the rule, the Committee rises. tion, the reference is section 1332(d). amendment. The motion to recommit Accordingly, the Committee rose; Mr. Speaker, today’s debate has illus- of the gentleman from Texas omits the and the Speaker pro tempore (Mr. trated a number of very serious prob- word ‘‘forthwith,’’ and that means that GILCHREST) having assumed the chair, lems with the bill before us. By federal- if this motion is adopted, the bill will Mr. SHIMKUS, Chairman pro tempore of izing class actions, it would make it far go back to the Committee on the Judi- the Committee of the Whole House on more burdensome, expensive, and time- ciary and will come out sometime in the State of the Union, reported that consuming for groups of injured vic- the future to be brought up under an- that Committee, having had under con- tims to obtain access to justice and far other rule where the House will spend sideration the bill (H.R. 2341) to amend more difficult to protect our citizens another day listening to the same ar- the procedures that apply to consider- against violations of fraud, consumer guments that we have debated and re- ation of interstate class actions to as- health, safety, and environmental laws. jected repeatedly through the amend- sure fairer outcomes for class members The legislation goes so far as to pre- ment process. and defendants, to outlaw certain prac- vent State courts from considering So for that reason alone, the motion tices that provide inadequate settle- class actions which involve solely vio- to recommit should be rejected. ments for class members, to assure lations of State laws such as State con- Now, secondly, litigation resulting that attorneys do not receive a dis- sumer protection laws. In the post- from a massive terrorist attack is pre- proportionate amount of settlements Enron world, when we are trying to cisely the type of complex legislation at the expense of class members, to hold corporate wrongdoers accountable envisioned to be decided in our Federal provide for clearer and simpler infor- for their actions, this bill takes us in courts. That type of litigation involves mation in class action settlement no- exactly the wrong direction. multiple parties from different dis- tices, to assure prompt consideration The motion to recommit responds to tricts asserting multiple laws, but hav- of interstate class actions, to amend another very serious problem with this ing the same set of facts that the court title 28, United States Code, to allow legislation: the fact that it would per- will decide. the application of the principles of mit parties who engage in terrorism to The House has already dealt with Federal diversity jurisdiction to inter- remove a class action brought against this issue when, earlier last year, it state class actions, and for other pur- them in Federal court. As the bill is passed H.R. 860 by voice vote. This was poses, pursuant to House Resolution presently written, if a terrorist re- supported by Members on both sides of 367, he reported the bill back to the leased a nuclear device or an anthrax the aisle and unanimously reported by House with an amendment adopted by cloud, the harmed victims could very the Committee on the Judiciary. This the Committee of the Whole. well lose their ability to seek redress legislation is known as the multi- The SPEAKER pro tempore. Under as a class in their local State court. multi-multi bill, which is in direct re- the rule, the previous question is or- For example, if a class composed of sponse to air crash cases and multiple dered. mostly New Yorkers, but some citizens tort cases such as a terrorist attack, Is a separate vote demanded on any in New Jersey and Connecticut, want and it directs which Federal court amendment to the committee amend- to pursue a terrorist in New York State those types of cases can be consoli- ment in the nature of a substitute court, I believe they should have that dated in. So the House has already adopted by the Committee of the option. It is a matter of national secu- dealt with that issue. Whole? If not, the question is on the rity. This bill today prevents that. The amendment is unnecessary be- amendment. The language in the motion would cause it does not require the bill to be The amendment was agreed to. eliminate this problem by removing brought back forthwith. It is a sneaky The SPEAKER pro tempore. The terrorists from the party defendants way to attempt to kill the bill by refer- question is on the engrossment and whose rights are enhanced by the bill. ring it to the committee, and I would third reading. The language is based on the text of urge Members to oppose this motion The bill was ordered to be engrossed the airline bailout bill and the airport simply to get rid of this issue and to and read a third time, and was read the security bill we approved last fall. Any send it on its way to the other body. third time. defendant who is a knowing participant Mr. Speaker, I yield the balance of in any conspiracy to hijack any air- the time to the gentleman from Vir- 1730 b craft or commit terrorist acts should ginia (Mr. GOODLATTE). MOTION TO RECOMMIT OFFERED BY MR. SANDLIN not get the benefits of the bill. Mr. GOODLATTE. Mr. Speaker, I Mr. SANDLIN. Mr. Speaker, I offer a The bills we passed previously pro- thank the chairman of the Committee motion to recommit. vided for protections and limitations on the Judiciary for yielding me this The SPEAKER pro tempore (Mr. on liability to protect airlines, air- time, and for his leadership in moving GILCHREST). Is the gentleman opposed plane manufacturers, the City of New this legislation through the House. to the bill? York, and others, but we agreed on a This is a good, bipartisan bill. I was Mr. SANDLIN. Yes, Mr. Speaker, I bipartisan basis that nothing in the re- pleased to introduce it with the gen- am opposed to the bill in its present form should in any way assist terrorist tleman from Virginia (Mr. BOUCHER) form. defendants. We should do the same and the gentleman from Virginia (Mr. The SPEAKER pro tempore. The thing in this bill. MORAN). We need bipartisan support to Clerk will report the motion to recom- Let me repeat, since September 11, pass this legislation. mit. every single liability bill we have We have all day long from the oppo- The Clerk read as follows: passed has included an exclusion for nents of this bill seen obfuscation. This

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.152 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H885 bill is not about terrorists, it is not Boyd Jackson-Lee Pastor Keller Oxley Smith (MI) Brady (PA) (TX) Payne Kelly Paul Smith (NJ) about Enron, it is not about shredding Brown (FL) Jefferson Pelosi Kennedy (MN) Pence Smith (TX) documents; what it is about is good, Brown (OH) Johnson, E. B. Peterson (MN) Kerns Peterson (PA) Souder common-sense class action lawsuit re- Capps Jones (OH) Phelps Kind (WI) Petri Stearns form to end this kind of abuse, where Capuano Kanjorski Pomeroy King (NY) Pickering Stenholm Cardin Kaptur Price (NC) Kingston Pitts Stump the lawyers get $2 million in attorneys’ Carson (IN) Kennedy (RI) Rahall Kirk Platts Sullivan fees and the plaintiffs, the American Carson (OK) Kildee Rangel Knollenberg Pombo Sununu families, get a box of Cheerios. Clay Kleczka Reyes Kolbe Portman Sweeney It is about a case where the plaintiffs Clayton Kucinich Rivers LaHood Pryce (OH) Tancredo Clement LaFalce Rodriguez Latham Putnam Tanner get a $25 coupon off a $250 future plane Clyburn Lampson Roemer LaTourette Quinn Tauzin flight, a 10 percent reduction, and the Condit Langevin Ross Leach Radanovich Taylor (MS) attorneys get $16 million in attorneys’ Conyers Lantos Rothman Lewis (CA) Ramstad Taylor (NC) Costello Larsen (WA) Roybal-Allard Lewis (KY) Regula Terry fees. Coyne Larson (CT) Rush Linder Rehberg Thomas It is about this great case wherein Crowley Lee Sabo LoBiondo Reynolds Thornberry the Bank of Boston, the attorneys got Cummings Levin Sanchez Lucas (KY) Riley Thune Davis (CA) Lewis (GA) Sanders Lucas (OK) Rogers (KY) Tiahrt $8.5 million in fees and then sued, sued Davis (FL) Lipinski Sandlin Manzullo Rogers (MI) Tiberi their own clients for an additional $25 DeFazio Lofgren Sawyer McCrery Rohrabacher Toomey million. DeGette Lowey Schakowsky McHugh Ros-Lehtinen Upton It is about this Blockbuster case, 23 Delahunt Luther Schiff McInnis Roukema Vitter DeLauro Lynch Scott McKeon Royce Walden class action lawsuits settled for $1-off Deutsch Maloney (CT) Serrano Mica Ryan (WI) Walsh coupons; the attorneys got an esti- Dicks Maloney (NY) Sherman Miller, Dan Ryun (KS) Wamp mated $9.2 million in attorneys’ fees. Dingell Markey Shows Miller, Gary Saxton Watkins (OK) Doggett Mascara Skelton Miller, Jeff Schaffer Watts (OK) Here is my favorite one. The attor- Doyle Matheson Slaughter Moran (KS) Schrock Weldon (FL) neys got $4 million in their suit against Edwards Matsui Smith (WA) Moran (VA) Sensenbrenner Weldon (PA) Chase Manhattan Bank; the plaintiffs, Engel McCarthy (MO) Snyder Morella Sessions Weller including this plaintiff, 33 cents. But Etheridge McCarthy (NY) Solis Myrick Shadegg Whitfield Evans McCollum Spratt Nethercutt Shaw Wicker there is a catch to the 33 cents. There Farr McDermott Stark Ney Shays Wilson (NM) it is, 33 cents; the catch is that in order Fattah McGovern Strickland Northup Sherwood Wilson (SC) to accept the settlement, you had to Filner McIntyre Stupak Norwood Shimkus Wolf Ford McKinney Tauscher Nussle Shuster Young (AK) use a 34-cent stamp to send in the ac- Frank McNulty Thompson (CA) Osborne Simmons Young (FL) ceptance, and so you came out 1 penny Frost Meehan Thompson (MS) Ose Simpson short. Gephardt Meek (FL) Thurman Otter Skeen Our friends at the Washington Post Gonzalez Meeks (NY) Tierney Gordon Menendez Towns NOT VOTING—8 summed it up best when they said, Green (TX) Millender- Turner Barrett Eshoo Murtha Having invented a client, the lawyers Gutierrez McDonald Udall (CO) Blagojevich Hinojosa Traficant also get to choose a court. Under the Hall (OH) Miller, George Udall (NM) Davis (IL) Kilpatrick Harman Mink Velazquez current absurd rules, national class ac- Hastings (FL) Mollohan Visclosky tions can be filed in just about any Hill Moore Waters b 1802 court in the country. This bill changes Hilliard Nadler Watson (CA) So the motion to recommit was re- that. This bill treats American fami- Hinchey Napolitano Watt (NC) Hoeffel Neal Waxman jected. lies with more than pennies; it restores Holt Oberstar Weiner The result of the vote was announced integrity to our judicial system. Vote Honda Obey Wexler as above recorded. against this obfuscating motion to re- Hooley Olver Woolsey Hoyer Ortiz Wu The SPEAKER pro tempore (Mr. commit and for this good legislation. Inslee Owens Wynn GILCHREST). The question is on the pas- Again, the Washington Post: That it Israel Pallone sage of the bill. is controversial at all reflects less on Jackson (IL) Pascrell The question was taken; and the the merits of the proposal than on the NOES—235 Speaker pro tempore announced that grip that the trial lawyers have on the ayes appeared to have it. many Democrats. Aderholt Combest Gilman Akin Cooksey Goode Mr. SENSENBRENNER. Mr. Speak- The SPEAKER pro tempore. Without Armey Cox Goodlatte er, on that I demand the yeas and nays. objection, the previous question is or- Bachus Cramer Goss The yeas and nays were ordered. dered on the motion to recommit. Baker Crane Graham Ballenger Crenshaw Granger The SPEAKER pro tempore. This There was no objection. Barcia Cubin Graves will be a 5-minute vote. The SPEAKER pro tempore. The Barr Culberson Green (WI) The vote was taken by electronic de- question is on the motion to recommit. Bartlett Cunningham Greenwood vice, and there were—yeas 233, nays The question was taken; and the Barton Davis, Jo Ann Grucci Bass Davis, Tom Gutknecht 190, not voting 11, as follows: Speaker pro tempore announced that Bereuter Deal Hall (TX) [Roll No. 62] the noes appeared to have it. Biggert DeLay Hansen Bilirakis DeMint Hart YEAS—233 RECORDED VOTE Blunt Diaz-Balart Hastings (WA) Aderholt Bryant Davis, Jo Ann Mr. SANDLIN. Mr. Speaker, I de- Boehlert Dooley Hayes Akin Burr Davis, Tom mand a recorded vote. Boehner Doolittle Hayworth Armey Burton Deal A recorded vote was ordered. Bonilla Dreier Hefley Bachus Buyer DeLay Bono Duncan Herger Baker Callahan DeMint The SPEAKER pro tempore. Pursu- Boozman Dunn Hilleary Ballenger Calvert Dooley ant to clause 9 of rule XX, the Chair Boucher Ehlers Hobson Barcia Camp Doolittle will reduce to 5 minutes the minimum Brady (TX) Ehrlich Hoekstra Barr Cannon Dreier Brown (SC) Emerson Holden Bartlett Cantor Duncan time for any electronic vote on the Bryant English Horn Barton Capito Dunn question of passage. Burr Everett Hostettler Bass Castle Ehlers The vote was taken by electronic de- Burton Ferguson Houghton Bereuter Chabot Ehrlich vice, and there were—ayes 191, noes 235, Buyer Flake Hulshof Biggert Chambliss Emerson Callahan Fletcher Hunter Bilirakis Coble English not voting 8, as follows: Calvert Foley Hyde Blunt Collins Everett [Roll No. 61] Camp Forbes Isakson Boehlert Combest Ferguson Cannon Fossella Issa Boehner Cooksey Flake AYES—191 Cantor Frelinghuysen Istook Bonilla Cox Foley Abercrombie Baldacci Berry Capito Gallegly Jenkins Bono Cramer Forbes Ackerman Baldwin Bishop Castle Ganske John Boozman Crane Fossella Allen Becerra Blumenauer Chabot Gekas Johnson (CT) Boucher Crenshaw Frelinghuysen Andrews Bentsen Bonior Chambliss Gibbons Johnson (IL) Boyd Cubin Gallegly Baca Berkley Borski Coble Gilchrest Johnson, Sam Brady (TX) Culberson Ganske Baird Berman Boswell Collins Gillmor Jones (NC) Brown (SC) Cunningham Gekas

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.156 pfrm01 PsN: H13PT1 H886 CONGRESSIONAL RECORD — HOUSE March 13, 2002 Gibbons Leach Ryun (KS) Obey Roybal-Allard Tauscher my district on official business. On Gilchrest Lewis (CA) Saxton Olver Sabo Terry Gillmor Lewis (KY) Schaffer Ortiz Sanchez Thompson (CA) Rollcall No. 51, if I had been present, I Goode Linder Schrock Owens Sanders Thompson (MS) would have voted no. Goodlatte LoBiondo Sensenbrenner Pallone Sandlin Thurman On Rollcall No. 52, H.R. 3090, the eco- Gordon Lucas (KY) Sessions Pascrell Sawyer Tierney nomic stimulus package to increase Goss Lucas (OK) Shadegg Pastor Schakowsky Towns Graham Manzullo Shaw Payne Schiff Turner the unemployment benefits for laid-off Granger McCrery Shays Pelosi Scott Udall (CO) workers, I would have voted aye. Graves McHugh Sherwood Phelps Serrano Udall (NM) On March 12, 2002, Rollcall No. 53, Green (WI) McInnis Shimkus Pomeroy Sherman Velazquez H.R. 1885, Enhanced Border Security Greenwood McKeon Shuster Price (NC) Shows Visclosky Grucci Mica Simmons Rahall Skelton Waters and Visa Entry Reform Act of 2002, I Gutknecht Miller, Dan Simpson Rangel Slaughter Watson (CA) was unavoidably detained in my dis- Hall (TX) Miller, Gary Skeen Reyes Smith (WA) Watt (NC) trict. If I had been present, I would Hansen Miller, Jeff Smith (MI) Rivers Snyder Waxman Harman Moran (KS) Smith (NJ) Rodriguez Solis Weiner have voted aye. Hart Moran (VA) Smith (TX) Roemer Spratt Wexler Mr. Speaker, my final one, today, Hastings (WA) Morella Souder Ros-Lehtinen Stark Woolsey March 13, 2002, on Rollcall No. 54, the Hayes Myrick Stearns Ross Strickland Wu Journal vote, I was delayed because of Hayworth Nethercutt Stenholm Rothman Stupak Wynn Hefley Ney Stump air travel. I was coming from my dis- Herger Northup Sullivan NOT VOTING—11 trict. If I had been present, I would Hilleary Norwood Sununu Barrett Fattah Murtha have voted aye. Hobson Nussle Sweeney Blagojevich Fletcher Rush Hoekstra Osborne Tancredo Davis (IL) Hinojosa Traficant f Holden Ose Tanner Eshoo Kilpatrick Horn Otter Tauzin CUBANS SEEKING POLITICAL Hostettler Oxley Taylor (MS) b 1812 CHANGE Houghton Paul Taylor (NC) Hulshof Pence Thomas Ms. BROWN of Florida changed her (Mr. FLAKE asked and was given Hunter Peterson (MN) Thornberry vote from ‘‘yea’’ to ‘‘nay’’. permission to address the House for 1 Hyde Peterson (PA) Thune So the bill was passed. minute and to revise and extend his re- Isakson Petri Tiahrt Issa Pickering Tiberi The result of the vote was announced marks and include therein extraneous Istook Pitts Toomey as above recorded. material.) Jenkins Platts Upton A motion to reconsider was laid on Mr. FLAKE. Mr. Speaker, I rise John Pombo Vitter the table. Johnson (CT) Portman Walden today to talk about a remarkable event Johnson (IL) Pryce (OH) Walsh f that occurred last Thursday on the is- Johnson, Sam Putnam Wamp land of Cuba. According to Reuters, ‘‘In Jones (NC) Quinn Watkins (OK) PERSONAL EXPLANATION an apparently unprecedented move dur- Keller Radanovich Watts (OK) Kelly Ramstad Weldon (FL) Mr. KILPATRICK. Mr. Speaker, due to busi- ing Fidel Castro’s 43-year rule, a group Kennedy (MN) Regula Weldon (PA) ness in the District, I was unavoidably de- of dissidents says it has gathered 10,000 Kerns Rehberg Weller tained on Wednesday, March 13. Had I been signatures to ask the Cuban par- Kingston Reynolds Whitfield Kirk Riley Wicker present, I would have voted as follows on the liament for a referendum on political Knollenberg Rogers (KY) Wilson (NM) amendments to H.R. 2341, the Class Action reforms.’’ Kolbe Rogers (MI) Wilson (SC) Fairness Act: ‘‘aye’’ on the Waters Amend- ‘‘We are proposing a consultation LaHood Rohrabacher Wolf with the people so that they can decide Larson (CT) Roukema Young (AK) ment (Roll-call No. 56); ‘‘aye’’ on the Conyers Latham Royce Young (FL) Amendment (Roll-call No. 58); ‘‘aye’’ on the about change,’’ a leading moderate dis- LaTourette Ryan (WI) Jackson-Lee Amendment (Roll-call No. 59) sident, Oswaldo Paya, who is the main and ‘‘aye’’ on the Frank Amendment (Roll-call promoter of the so-called Varela NAYS—190 No. 60). Project, told Reuters late on Wednes- Abercrombie Diaz-Balart Kleczka Finally, I would have voted ‘‘aye’’ on the day. Ackerman Dicks Kucinich Allen Dingell LaFalce motion to recommit offered by Mr. SANDLIN The project, named for the pro-inde- Andrews Doggett Lampson (Roll-call No. 61) and ‘‘nay’’ on final passage pendence Catholic Priest Felix Varela, Baca Doyle Langevin of H.R. 2341 (Roll-call No. 61). is based on Article 88 of the Cuban con- Baird Edwards Lantos stitution, which says new legislation Baldacci Engel Larsen (WA) f Baldwin Etheridge Lee may be proposed by citizens if more Becerra Evans Levin GENERAL LEAVE than 10,000 voters support them. Bentsen Farr Lewis (GA) Mr. SENSENBRENNER. Mr. Speak- The proposed referendum, Paya says, Berkley Filner Lipinski Berman Ford Lofgren er, I ask unanimous consent that all would be on the need to guarantee Berry Frank Lowey Members may have 5 legislative days rights of freedom of expression and as- Bishop Frost Luther within which to revise and extend their sociation and amnesty for political Blumenauer Gephardt Lynch prisoners; more opportunities for pri- Bonior Gilman Maloney (CT) remarks and to include extraneous ma- Borski Gonzalez Maloney (NY) terial on H.R. 2341, the bill just passed. vate businesses; and new electoral law Boswell Green (TX) Markey The SPEAKER pro tempore. Is there and a general election. Brady (PA) Gutierrez Mascara objection to the request of the gen- Unfortunately, it is virtually certain Brown (FL) Hall (OH) Matheson Brown (OH) Hastings (FL) Matsui tleman from Wisconsin? that the National Assembly will reject Capps Hill McCarthy (MO) There was no objection. the referendum. Capuano Hilliard McCarthy (NY) Mr. Speaker, I include these two arti- f Cardin Hinchey McCollum cles and state for the RECORD that Carson (IN) Hoeffel McDermott Carson (OK) Holt McGovern REMOVAL OF NAME OF MEMBER these dissidents from Cuba deserve to Clay Honda McIntyre AS COSPONSOR OF H.R. 3694 be seen and heard. Clayton Hooley McKinney [From the Associated Press, Mar. 8, 2002] Clement Hoyer McNulty Mr. CALLAHAN. Mr. Speaker, I ask Clyburn Inslee Meehan unanimous consent to have my name CUBANS SEEKING POLITICAL CHANGE Condit Israel Meek (FL) removed as a cosponsor of H.R. 3694. (By Anita Snow) Conyers Jackson (IL) Meeks (NY) The SPEAKER pro tempore. Is there Costello Jackson-Lee Menendez HAVANA.—Cuban dissidents said Friday Coyne (TX) Millender- objection to the request of the gen- they have collected 10,000 signatures needed Crowley Jefferson McDonald tleman from Alabama? to force a referendum on overhauling the Cummings Johnson, E. B. Miller, George There was no objection. government, a move unprecedented in com- Davis (CA) Jones (OH) Mink munist Cuba. Davis (FL) Kanjorski Mollohan f Miguel Saludes of Cuba’s Christian Libera- DeFazio Kaptur Moore tion Movement said activists were checking DeGette Kennedy (RI) Nadler PERSONAL EXPLANATION Delahunt Kildee Napolitano the signatures to verify their authenticity. DeLauro Kind (WI) Neal Ms. JACKSON-LEE of Texas. Mr. The petition will then be delivered to Cuba’s Deutsch King (NY) Oberstar Speaker, on March 7 I had to return to National Assembly, he said.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.058 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H887 He would not say when activists expected the Western model and denies the existence not free trade. True free trade, by defi- to have the document ready. The proposed of political prisoners or repression of free- nition, takes place only in the absence referendum, known as the Varela Project, dom of expression. of government interference of any appears to be the first signature-gathering The signatures, gathered by activists kind, including tariffs. Government- effort to get this far under the government across the Caribbean island of 11 million in- of Fidel Castro (news—web sites), in power habitants over the last year, will be pre- managed trade means government, for 43 years. sented to the National Assembly in a few rather than competence in the market- The referendum would ask voters whether weeks, once all 10,000 signatures have been place, determines what industries and they think guarantees are needed to assure checked and ratified, Paya said. companies succeed or fail. the rights of free speech and association and ‘‘This has never been done before, it has no We have all heard about how these whether they support an amnesty for polit- precedent,’’ he added. ‘‘It shows Cubans not tariffs are needed to protect the jobs of ical prisoners. It would also call for new elec- only want changes, but also are ready to face American steelworkers, but we never toral laws and more opportunities for Cubans the risks to show they want changes.’’ Ac- hear about the jobs that will be lost or to run their own private businesses. cording to Paya, more than 100 small opposi- never created when the cost of steel Castro’s government has not commented tion groups have backed the initiative. How- publicly on the effort. Previous petition ef- ever, some prominent dissidents, such as rises 30 percent. We forget that tariffs forts have stalled in part because people Martha Beatriz Roque, do not support it, ar- are taxes and that imposing tariffs were afraid to sign, but in the decade since guing it is unrealistic to seek change within means raising taxes. Why is the admin- the collapse of the Soviet Union, the govern- a constitution designed by the Castro gov- istration raising taxes on American ment has shown slightly more tolerance for ernment. steel consumers? Apparently no one in opposition groups. Paya did not say what Varela Project the administration has read Henry The project is named for Father Felix backers will do if the initiative is rejected by Varela, a Roman Catholic priest who fought Hazlitt’s classic book ‘‘Economics in the National Assembly, something analysts One Lesson.’’ Professor Hazlitt’s funda- for the emancipation of slaves on the Carib- and diplomats think is virtually certain. bean island. The referendum was first men- ‘‘We are ready to keep demanding our mental lesson was simple: we must ex- tioned by the Christian Liberation Move- rights,’’ he said. amine economic policy by considering ment shortly after Pope John Paul (news— Over the four decades since the 1959 revolu- the long-term effects of any proposal web sites) II’s visit here in January 1998. tion, Cuba’s scattered and marginalized in- on all groups. The Cuban Commission for Human Rights ternal dissident movement has made little The administration, instead, chose to and Reconciliation and the Democratic Soli- headway against Castro’s grip on power. Cas- focus on the immediate effects of steel darity Party later joined the Christian Lib- tro again scathingly lambasted dissidents tariffs on one group, the domestic steel eration Movement in helping coordinate the this week, in a three-hour TV speech, as non- industry. In doing so, it chose to ignore signature-gathering drive. The groups have representative of the Cuban people and in- been gathering signatures across the island tent on helping Washington bring Cuba into basic economics for the sake of polit- since early last year. the U.S. ‘‘empire.’’ ical expediency. Now, I grant you that All three groups operate here without the this is hardly anything new in this approval of the government, which regularly f town, but it is important that we see characterizes its opponents as ‘‘counter-rev- SPECIAL ORDERS these tariffs as the political favors that olutionaries’’ and ‘‘mercenaries’’ for the U.S. they are. This has nothing to do with government and Cuban exiles. The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- fairness. The free market is fair. It CUBA DISSIDENTS SAY 10,000 SIGN uary 3, 2001, and under a previous order alone justly rewards the worthiest REFERENDUM APPEAL of the House, the following Members competitors. Tariffs reward the strong- (By Isabel Garcia-Zarza) will be recognized for 5 minutes each. est Washington lobbies. We should recognize that the cost of HAVANA (Reuters)—In an apparently un- f precedented move during President Fidel these tariffs will not only be borne by Castro’s 43-year rule, a group of dissidents The SPEAKER pro tempore. Under a American companies that import steel, says it has gathered 10,000 signatures to ask previous order of the House, the gen- such as those in the auto industry and the Cuban parliament for a referendum on tleman from New Jersey (Mr. PALLONE) building trades. The cost of these im- political reforms. is recognized for 5 minutes. port taxes will be borne by nearly all ‘‘We are proposing a consultation with the (Mr. PALLONE addressed the House. Americans, because steel is widely used people so they decide about change,’’ a lead- His remarks will appear hereafter in in the cars we drive and in the build- ing moderate dissident, Oswaldo Paya, who the Extensions of Remarks.) is the main promoter of the so-called Varela ings in which we live and work. We will Project, told Reuters late on Wednesday. f all pay, but the cost will be spread out The project, named for pro-independence and hidden, so no one complains. The Catholic priest Felix Varela (1788–1853), is STEEL PROTECTIONISM domestic steel industry, however, has based on article 88 of the Cuban constitution, The SPEAKER pro tempore. Under a complained; and it has the corporate which says new legislation may be proposed previous order of the House, the gen- and union power that scares politicians by citizens if more than 10,000 voters support tleman from Texas (Mr. PAUL) is recog- in Washington. So the administration them. The proposed referendum, Paya said, would nized for 5 minutes. moved to protect domestic steel inter- be on the need to guarantee the rights of free Mr. PAUL. Mr. Speaker, I am dis- ests, with an eye towards upcoming expression and association; an amnesty for heartened by the administration’s re- elections. It moved to help members political prisoners; more opportunities for cent decision to impose a 30 percent who represent steel-producing States. private business; a new electoral law; and a tariff on steel imports. This measure We hear a great deal of criticism of general election. will hurt far more Americans than it special interests and their stranglehold Havana, which scorns dissidents as will help, and it takes a step backward on Washington, but somehow when we ‘‘counter-revolutionary’’ pawns of a hostile toward the protectionist thinking that prop up an entire industry that has U.S. government and anti-Castro Cuban American groups, has publicly ignored the dominated Washington in decades past. failed to stay competitive, ‘‘we are pro- project. But Paya and others behind the Make no mistake about it, these tariffs tecting American workers.’’ What we campaign accused the government of mount- represent naked protectionism at its are really doing is taxing all Ameri- ing a strong campaign of ‘‘threats and perse- worst, a blatant disregard of any re- cans to keep some politically favored cution’’ to impede the gathering of signa- maining free market principles to gain corporations afloat. Some rank-and- tures and delivery of letters to authorities. the short-term favor of certain special file jobs may also be saved, but at what ‘‘Authorities are acting like gangsters,’’ interests. cost? Do steelworkers really have a said Paya, who has a long list of alleged right to demand Americans pay higher verbal and physical abuse against Varela b 1815 Project activists in the last year. taxes to save an industry that should These steel tariffs also make it quite be required to compete on its own? ‘GOVERNMENT AFRAID’—PAYA clear that the rhetoric about free trade If we are going to protect the steel ‘‘The government is afraid of this liber- in Washington is abandoned and re- industry with tariffs, why not other in- ating gesture, where a social vanguard is showing it has no fear. The government is placed with talk of ‘‘fair trade’’ when dustries? Does every industry that afraid when the people are not afraid,’’ he special interests make demands. What competes with imported goods have the added. Castro frequently says his one-party most Washington politicians really be- same claim for protection? We have communist system is more democratic than lieve in is government-managed trade, propped up the auto industry in the

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A13MR7.060 pfrm01 PsN: H13PT1 H888 CONGRESSIONAL RECORD — HOUSE March 13, 2002 past; now we are doing it for steel. So appear hereafter in the Extensions of cannot predict tomorrow, much less 10 who should be next in line? Virtually Remarks.) years. But we lost. What we suggested every American industry competes f was let us take half of that projected with at least some imports. The SPEAKER pro tempore. Under a surplus and pay down our national What happened to the wonderful har- previous order of the House, the gentle- debt. We were told we were in danger of mony that the WTO was supposed to woman from the District of Columbia paying it down too fast. That was bring to the global market? The admin- (Ms. NORTON) is recognized for 5 min- somewhat laughable to most of us, the istration has been roundly criticized utes. idea that you could pay down debt too since the steel decision was announced (Ms. NORTON addressed the House. fast, when you owed $5.6 trillion. last week, especially by our WTO Her remarks will appear hereafter in When we have an unfunded liability ‘‘partners.’’ The European Union is pre- the Extensions of Remarks.) in the Social Security trust fund of $22 paring to impose retaliatory sanctions trillion, we also proposed in our budget to protect its own steel industry. EU f The SPEAKER pro tempore. Under a plan that the first thing that we should Trade Commissioner Pascal Lamy has do as a body is fix Social Security and accused the U.S. of setting the stage previous order of the House, the gen- tleman from Maryland (Mr. CUMMINGS) Medicare; that we should deal with for a global trade war; and several those two problems first before we other steel producing nations, such as is recognized for 5 minutes. (Mr. CUMMINGS addressed the begin making any other decisions as to Japan and Russia, also have vowed to how much money we spend. Again, we fight the tariffs. Even British Prime House. His remarks will appear here- after in the Extensions of Remarks.) lost. We have not seriously addressed Minister Tony Blair, who has been a Social Security as of this moment, and tremendous supporter of the President f we will not do so until at least next since September 11, recently stated The SPEAKER pro tempore. Under a year. that the new American steel tariffs previous order of the House, the gen- were totally unjustified. tleman from New York (Mr. MEEKS) is But now we find, again contrary to The WTO was supposed to prevent all recognized for 5 minutes. what we were told a little over 1 year this squabbling, was it not? Those of us (Mr. MEEKS of New York addressed ago, that we were not going to need to who opposed U.S. membership in the the House. His remarks will appear increase our debt ceiling for at least 7 WTO were scolded as being out of hereafter in the Extensions of Re- more years; that in December, the Sec- touch, unwilling to see the promise of marks.) retary of the Treasury, Mr. O’Neill, a new global prosperity. What we are wrote and said we must increase our f debt ceiling and do it immediately by getting instead is increased hostility The SPEAKER pro tempore. Under a from our trading partners and threats $750 billion. Now, where are we to- previous order of the House, the gen- night? As of the close of business Fri- of economic sanctions from our WTO tleman from Illinois (Mr. LIPINSKI) is masters. This is what happens when we day, March 8, the debt subject to limit recognized for 5 minutes. stood at $5.924 trillion, leaving about let government- managed trade (Mr. LIPINSKI addressed the House. schemes pick winners and losers in the $26 billion of room left in our debt ceil- His remarks will appear hereafter in ing. global trading game. The truly deplor- the Extensions of Remarks.) able thing about all this is that the Now, what does this mean to the av- f WTO is touted as promoting free trade. erage layperson? It is kind of like a Mr. Speaker, it is always amazing to The SPEAKER pro tempore. Under a student going to their parents with a me that Washington gives so much lip previous order of the House, the gentle- $6,000 credit card bill. Of course the service to free trade while never adher- woman from Georgia (Ms. MCKINNEY) is parents will pay, because they do not ing to true free trade principles. Free recognized for 5 minutes. want the kids rating to be damaged trade really means freedom, the free- (Ms. MCKINNEY addressed the and probably their own, because they dom to buy and sell goods and services House. Her remarks will appear here- are responsible for their child; but they free from government interference. after in the Extensions of Remarks.) will work out an arrangement with Time and time again, history proves f that child that includes reducing his that tariffs do not work. Even some THE DEBT CEILING allowance, getting a part-time job, modern Keynesian economists have making promises for less partying, and The SPEAKER pro tempore. Under grudgingly begun to admit that free on and on. That is what concerns us the Speaker’s announced policy of Jan- markets allocate resources better than Blue Dogs and why we are here again uary 3, 2001, the gentleman from Texas centralized planning. Yet we cling to tonight. We are being asked to increase (Mr. STENHOLM) is recognized for 60 the idea that government needs to the debt ceiling by $750 billion without minutes as the designee of the minor- manage trade when it really needs to a plan, without a plan to deal with ity leader. get out of the way and let the market- these deficits that now have, in the Mr. STENHOLM. Mr. Speaker, today place determine the cost of goods. President’s budget, a projected raiding I want to take this time to continue a I sincerely hope that the administra- of the Social Security trust fund for discussion that we, the so-called Blue tion’s position on steel does not signal the next 10 years. Dog Democrats, the Blue Dog Coali- a willingness to resort to protec- tion, have been carrying on for the last We do not believe that is an accept- tionism whenever special interests 2 or 3 weeks talking about the urgency able game plan. We are prepared to make demands in the future. of this body in dealing with the debt support our President, and we are pre- f ceiling and dealing with our economic pared to work with our friends on the The SPEAKER pro tempore (Mr. game plan that has now pushed us once other side of the aisle on a new plan. SHUSTER). Under a previous order of again into a position of having to bor- But so far nothing has come forward. the House, the gentlewoman from Ohio row on the Social Security trust fund One would think that the budget that (Ms. KAPTUR) is recognized for 5 min- for the next 10 years. we are going to be having on the floor utes. Just a little bit of a reminder or a re- next week would address this. Instead, (Ms. KAPTUR addressed the House. fresher on everyone’s mind tonight. It we are told that we are not even going Her remarks will appear hereafter in was just 1 year ago that we were on to have a budget that is in balance the Extensions of Remarks.) this floor advocating a budget, an eco- anytime in the future. f nomic game plan for this country that We are being told now that this budg- The SPEAKER pro tempore. Under a was different from what the majority et that is going to be presented to us previous order of the House, the gentle- and the administration wished. The will be scored by OMB. The last time woman from Virginia (Mrs. JO ANN thing that we said was that this $5.6 we had a fight on the debt ceiling, one DAVIS) is recognized for 5 minutes. trillion was projected surpluses, and we of the things that we agreed to was (Mrs. JO ANN DAVIS of Virginia ad- emphasized projected. These were that we would use CBO. In fact, 1995, dressed the House. Her remarks will guesstimates. Most everyone agrees we the last time we had this difference of

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.168 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H889 opinion on how we raise the debt ceil- this country and conservative budg- cluded in a budget which projects defi- ing, 48 Democrats joined with the Re- eting and conservative spending. cits financed by borrowing from the publican majority to insist that Presi- Last year we were worried about pay- Social Security surplus for the next dent Clinton submit a plan that was ing off the debt too quickly. That decade and beyond. balanced under CBO numbers. seems long ago. What does it say now It avoids making difficult choices. It Now, I am saying to the leadership of that we are looking at raising the debt extends and expands existing tax cuts. this House, and we again would wel- limit in this country? It increases the long-term obligations come someone from the other side to The administration’s request to raise of this country. And it results in more come and join in this discussion to- the debt limit by $750 billion confirms borrowing, just what we do not need. night, we hope that the 148 Republicans the warnings of the Blue Dogs from Blue Dogs do not want to see the who voted for that legislation in 1995, last year, that it was dangerous to country in default on the debt, but we who are still in the House, will stay make long-term commitments to tax do not want to give out just a blank consistent and insist that before we cuts or new spending programs based check, a blank check with no plan, raise the debt ceiling that we have a on shaky projections of surpluses over with no budget, with no forethought. plan that gets us out of it. Is that un- a 10-year period. It is impossible to An increase in the debt limit must be reasonable? Does that not make sense? make those 10-year projections in your accompanied by a plan to put our fiscal If so, why are we now talking about home, in your business, and it is cer- house in order. doing the same thing that Secretary tainly impossible to make them in this What is wrong with asking for a Rubin did in 1995 that had the majority country. plan? What is wrong with asking for a threatening to impeach him? Now we Last year, the Blue Dogs proposed budget before we make these decisions? are talking about perhaps doing the taking the on-budget surplus and im- In 1997, a Member from the other side same thing, and now it is okay. mediately paying one-half of that of the aisle said, ‘‘We said from the be- Again, all we are saying tonight is available fund on the debt of this coun- ginning of this Congress that we want increasing the debt ceiling by $750 bil- try. To pay down the debt, we proposed to negotiate with the President, but we lion to borrow money for what? Now, taking one-quarter of that surplus and cannot negotiate with a President who let me point out very clearly, we sup- making it available for tax cuts for does not want to balance the budget. port the President’s request for addi- working families here in America, and We do not want to negotiate over tional funding for defense and are per- taking one-quarter of that surplus and whether to balance the budget or not; fectly willing to include that in any making that available for investment we want him to submit a budget that debt ceiling increase. If the President in areas such as agriculture, defense balances by CBO what he called for. We proposes to borrow the money rather and the education of our children. will negotiate with him in the param- than to pay for it, we are behind him, Instead, we enacted a budget con- eters within that balanced budget. But and that includes the domestic defense suming 100 percent of the projected if the President cannot submit one, as well as the foreign. That is not an surplus, not the surplus but the pro- how do we negotiate apples with or- item in dispute. jected surplus, we used risky and too- anges? You know, the saying goes, ‘If What is in dispute tonight is why rosy projections, and we left absolutely at first you don’t succeed, try, try should we increase the debt ceiling $750 no margin for error in our projections. again.’’’ billion without putting a plan in place We have things such as national emer- We agree with those statements. We to deal with it, just like the father and gencies, natural disasters, wars. We hope that the current President agrees son or father and daughter would cer- made no provisions for those changes. with those statements and that we can tainly do if it was in their household So we put ourselves on a course for hold the President and the administra- budget? I find most American people budget deficits once the circumstances tion to the same standard. It is cer- agree with that rationale. We are puz- changed and our projected surpluses tainly reasonable. We want to work zled why we are not having that bill on disappeared for a number of reasons. with the administration. the floor next week. The vote to raise the debt in part is We propose that in the interim, the Mr. Speaker, I ask unanimous con- an acknowledgment that we have bro- Congress pass a short-term debt limit sent that I be allowed to yield the bal- ken our pledge on Social Security, and increase equal to an amount that the ance of my time to the gentleman from the Social Security lockbox is now President tells us is needed to fight the Florida (Mr. BOYD), and that he be al- wide open; and we are going to leave it war. We want to listen to the President lowed to control that time. open to raid it time and time and time and support him in his efforts in fight- The SPEAKER pro tempore. Is there again unless we enact fiscally respon- ing terrorism and speak with one voice objection to the request of the gen- sible budgeting principles in this coun- when we leave the shores of the United tleman from Texas? try. States of America. So we want to pass There was no objection. The war and the recession represent short-term limits, that is, in an a part, but only a small part, of the amount that he tells us is needed; not b 1830 reason the debt limit needs to be in- that it is extravagant, but needed. We Mr. BOYD. Mr. Speaker, I thank the creased. We are willing to authorize want to continue the lawful govern- gentleman from Texas for filling in. debt to cover the cost of war. Our ment obligations and functions of the The gentleman from Texas has been a fighting men and fighting women United States Government. leader in this House for, I guess, 23, 24 across the world need every advantage, Any additional debt limit, other than years now on this issue of fiscal respon- every piece of equipment, every bit of those two things, fighting the war and sibility. One thing we know about him, technology, every bit of training that our obligations, must be passed and his message has always been con- is necessary to root out terrorism. But would be contingent upon successful sistent, that we ought to be willing to we are not willing to allow the govern- completion of a comprehensive and pay for those programs that we as a na- ment to continue on deficits as far as complete budget plan. That is fiscal tion want to have, have the govern- the eye can see without a budget, with- soundness. That is fiscal responsibility. ment fund, and we ought not to be in a out a plan, without any forethought. That is putting our house in order. We position of deficit spending and asking The last two increases in the debt need a budget. our children to pay for those programs limit came when Congress and the A long-term budget plan should rees- that we have. President were negotiating on a bipar- tablish a glide path for a balanced uni- I want to thank the gentleman from tisan basis to balance the budget. fied budget. We need to put everything Texas. Many of us were here in 1997, and that on the table to look at when we are Mr. Speaker, I want to call on an- led to the balanced budget agreement talking about the finances of this coun- other leader, the gentleman from Texas of 1997, a strong bipartisan effort. But try. We have to control spending and (Mr. SANDLIN). presently, instead of working with the include that in our long-term budget Mr. SANDLIN. I thank the gen- Congress to put the budget back on plan. And we have to ensure that we do tleman from Florida for yielding. Let track, the administration’s request for not continue to be the parents bor- us stand up for fiscal responsibility in an increase in the debt limit is in- rowing from our own children.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.177 pfrm01 PsN: H13PT1 H890 CONGRESSIONAL RECORD — HOUSE March 13, 2002 This will not be done overnight and means for the future. What does it come in the near future, when they do there are legitimate arguments about mean for the future? not expect to hear these kind of re- the fact that we could reach a critical As a former teacher, a father, and a ports, when we can, and we should, de- point before there is adequate time to grandfather, I have always tried my feat any kind of threat to our Social develop a plan and develop a budget best to do what is right for future gen- Security system. That is where we and approve a plan which meets the erations. We do not want our mistakes need to come down today. criteria. This is why we have proposed, to leave our children and our grand- I stand with my Blue Dog friends in as Blue Dogs, the short-term debt limit children in a mess that they cannot trying to raise the alarm for the ad- increase while the planning is going on. clean up. I do not want my grandson, ministration to consider the budget in Certainly, Blue Dogs do not want to Nolan, who just turned 4, to wonder these terms. threaten the United States’ credibility what his grandfather was doing when Mr. BOYD. I want to thank my friend or expose United States taxpayers to he served in Congress, when all this from Illinois for his thoughtful work risks associated with defaulting on the mess was created, or could have been and his leadership in our group, the debt. We do not believe in addressed. Blue Dog Democrats. brinksmanship. We do not believe in The administration says the publicly Next, I want to call on the gentleman political posturing. We believe in fiscal held debt would begin to gradually de- from Texas (Mr. TURNER) who serves in responsibility. We do not want the gov- cline again in 2005. Even if the debt our group, the Blue Dog Democrats, as ernment to continue to function and does start to decline and the govern- the cochair for policy. meet its lawful obligations in a risky ment does their part in beginning to Mr. TURNER. I thank the gentleman manner. And we absolutely refuse in pay it down, we still need to remember from Florida for yielding. I thank him every case to jeopardize our troops or the impact this is having on our sys- for his leadership tonight on the floor. our homeland security or undermine tem of Social Security. This is where It is good to see a good group of Blue the war effort in any way. our children are going to be impacted Dog Democrats here speaking out for However, we do not want to simply the most. fiscal responsibility. I know that each write a $750 billion blank check absent From my understanding, the total of us, in our own way, has fought long concrete actions and concrete plans to debt of our Nation is going to continue and hard to try to be sure that we have restore discipline and return to fiscally to increase. That is right. Even though a balanced budget here in Washington. responsible policies in this country. the administration suggests that the It only makes sense that the Federal If we want to address critical issues publicly held debt will begin to decline, Government manage its financial af- such as Social Security, prescription the fact is the total debt will continue fairs the same way that we all expect drugs, veterans’ benefits for those that to rise due to the fact that we have not our own households to be run. fought to defend the country, a true kept the commitment to save the So- b 1845 That is, if we have money cial Security trust fund surplus. and meaningful Patients’ Bill of coming in that we can spend or in- The President’s proposed budget does Rights, and education, we have to have vest or save, we make those nothing to solve the problem with the a firm financial foundation in this choices; but in the end, we make declining Social Security trust fund. In country. We need fiscal responsibility. sure we do not spend more than our We are willing to work on a short- fact, the proposed budget calls for tap- income. term debt limit increase. We are will- ping the Social Security trust fund for ing to do anything we can to encourage other government programs every year Washington, as we all know, spent the economy. All we are saying is, let over the next 10 years for a total of $1.5 more money than it had coming in for us please use proper planning. Let us trillion. 30 years; and finally, when several of us enact a budget just like every home In other words, over the next 10 here on the floor were first-term Mem- and business in America does. Let us years, the Social Security surplus will bers of this Congress, we cast the most get this country back on a path of fis- not be used for paying down the na- significant vote I think this Congress cal responsibility. tional debt, which would actually has cast in many years, and that is we Mr. BOYD. I want to thank the gen- strengthen Social Security’s long-term passed the Balanced Budget Act of 1997. tleman from Texas for his work on be- solvency. Not one Member of Congress Through that action, we had 3 years of half of this country. who ran for election ever varied from surpluses in the Federal budget. I would like now to recognize the that focus. They promised that that is Now, with the President’s new budget gentleman from Illinois (Mr. PHELPS), what we should do. Every campaign submitted to the Congress, we are back who represents a very large rural dis- speech, let me remind you, every one of into deficit spending, back into spend- trict. I think his people back home cer- you, as well as myself, gave our honor- ing more money than we take in every tainly understand about fiscal respon- able word that we would work toward year. sibility. this end. Now we abandon it. Some people may say, well, what is Mr. PHELPS. Mr. Speaker, I thank It is not a secret that our Nation’s wrong with deficit spending? Deficit the gentleman from Florida and my Social Security system is in trouble. It spending is bad for several reasons. It fellow Blue Dogs for their comments is up to us to do what we can do to look is bad because it passes debt that we and for giving me this opportunity to at the future and try to save the Social are creating by deficit spending on to speak out on such an important issue. Security trust fund. our children. It seems to me that if we It is good to know that Florida and Il- I completely understand and support are going to make wise decisions and if linois can kind of balance out the Tex- the need for spending what is necessary we are going to have fiscal responsi- ans that have come before us with to win the war on terrorism and ensure bility in Washington, we should not be their input, which is so valuable. the protection of my fellow Americans spending money and incurring debt All of us here this evening have cer- here at home. We must do that. We that our children are going to have to tain concerns with increasing the debt will. And we are doing that. We are pay for some day. But that is where we limit. Of course we do, because we are united and we will stand united on that are once again here in this Nation’s a group of Democrats who focus on front. However, we need to work to- Capital. being fiscally responsible. It is obvious gether on developing a plan that will Another reason that we should not that questions are going to be raised by fight the war on terrorism and will also engage in deficit spending is because it Treasury Secretary O’Neill’s request protect the Social Security trust fund simply creates larger debt, and larger that Congress increase the debt limit for the benefit of future generations. debt means we have greater interest to by $750 billion, especially since this re- We really do need to start thinking pay every year. What a waste, to be quest comes 7 years earlier than pre- about our children’s future. consuming so much of our Federal dicted when the budget was submitted We can do both. We can defeat ter- budget every year just paying interest. last year. As a fiscal conservative, this rorism; we can be prepared for home- A lot of people do not realize that the increase request makes me wonder not land security. But the security that is interest alone on the Federal debt runs only about the current fiscal condition most important to those who have in- almost $1 billion every day. I did not or state of our Nation, but what this vested their dollars for what might misstate that: $1 billion every day, just

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.179 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H891 to cover the interest on our national in fighting this war. We need to com- They are putting profit ahead of patri- debt, which is approaching $6 trillion. mit whatever resources are necessary otism. What a waste in resources. We could to win the war on terrorism. But the Let me share a quote from the New fund the President’s requested budget only people that are having to sacrifice York Times articles about these big increase for defense many times over if today in that war are those young men businesses that are fleeing for Bermuda we were not paying $1 billion a day in and women in uniform who are defend- in order to escape their fair share of interest on our Federal debt. ing our country tonight. The American corporate taxes. The New York Times Another reason it is wrong to deficit people need to be ready to sacrifice as said: ‘‘Becoming a company in Ber- spend is because when you are deficit well, and that means that we need to muda is a paper transaction, as easy as spending, you are raiding the Social pay the bills to fight that war, and not securing a mail drop there and paying Security trust fund. If any corporation pass those bills on to our children. some fees while keeping the working in America were to dip into the em- I again thank the gentleman from headquarters back in the United ployees’ retirement trust fund to cover Florida (Mr. BOYD) for his leadership States. Bermuda is charging Ingersoll- the business losses of that corporation, tonight, and I am proud to join with Rand just $27,653 a year for a move that those business executives would be my Blue Dog colleagues in standing up allows the company to avoid at least prosecuted. They would be indicted and for fiscal responsibility. $40 million annually in American cor- sent to prison. Mr. BOYD. Mr. Speaker, I want to porate taxes.’’ In Washington, we seem to be able to thank the gentleman from Texas, par- No wonder we are being asked to in- get by raiding the American people’s ticularly for his leadership in the Blue crease the debt ceiling. There are plen- retirement fund, Social Security. When Dog Democrats as the policy cochair. ty of other companies as well. we are deficit spending, we are taking It is his responsibility to work with The New York Times went on to say: Social Security payroll taxes and we our members to develop policy. I am ‘‘There is no official estimate of how are using it, not for Social Security, sure we will be seeing more from him much the Bermuda moves are costing but we are using it to run the rest of as this budget discussion unfolds. the government in tax revenues. The the government, and that is wrong. Mr. Speaker, next I want to yield to Bush administration is not trying to That breaks a promise, a covenant, the gentleman from New York (Mr. come up with one.’’ Now, according to the Wall Street that this government has with the ISRAEL), one of our newest members, Journal of March 1, finally the Treas- American people to protect Social Se- one of our Blue Puppies. ury Department has agreed to do a curity for this generation and for gen- Mr. ISRAEL. Mr. Speaker, I thank study. But we should not have had to erations to come. the gentleman from Florida for giving Finally, deficit spending is wrong be- me the honor of being the only member bring them in kicking and screaming cause when we increase the national of the New York congressional delega- all the way. This is common sense. They want us debt, which happens every time we run tion to have joined the congressional to raise the debt ceiling, to borrow an annual deficit in the Federal budg- Blue Dogs. I am proud of the work we from our children; but they were hesi- do and the agenda we advance for fiscal et, we undermine the public’s faith and tant to find out how much this cor- responsibility and budget responsi- confidence in the economy of the porate greed was costing the American bility. United States. taxpayer today. How big a debt can the United States Mr. Speaker, like any household and Mr. Speaker, I voted to deliver tax run before there is some crisis of inter- business in America, when the govern- relief to the families I represent. I national proportions? I do not have the ment’s revenues do not match its ex- voted to repeal the marriage penalty. I answer to that, but I know that $6 tril- penses, it faces some choices. It can cut voted to repeal the death tax. I voted lion in debt is an awful lot of debt to be spending, it can increase revenues, it to reduce marginal rates across the passing on to our children and grand- can borrow. board for working families. I was one of children; and I know paying $1 billion a The administration is telling the only a handful of Democrats in this day in interest is a waste of Federal American people we do not have Chamber to support the administra- taxpayer dollars, and I know that when enough money to meet our expenses. tion’s economic stimulus measures, be- the national debt increases, it means We need to spend $1 billion a month in cause working families and small busi- that the government is borrowing more Afghanistan. That is $1 billion a month nesses deserve that relief. and more of the available credit out we must spend. The administration is But this spring, over the next few there in the economy; and it has the ef- making the argument, an argument I weeks, those same working families fect of pushing up interest rates for all agree with, that we need to spend more and those same small businesses will of us. When interest rates go up, it on our national security. The adminis- sit around their dining room tables or costs the American family more to buy tration is making an argument that I meet with their local accountants and a new car on credit, to buy a home and agree with that we need to spend more struggle over their income taxes, and finance it through a home mortgage. It on our homeland security; and the ad- struggle over paying their fair share to costs more to borrow money to send ministration says in order to pay for support our military and to save Social your children to college. It costs more these critical necessities, we cannot Security and to help senior citizens money when you charge to your credit raid Social Security, we cannot in- who have been kicked out of the Medi- card. crease taxes, so we have to lift the debt care HMOs. And the people that I rep- Lower interest rates are good for the ceiling in order to meet those needs. resent, in Babylon and Huntington and American economy, and one way to get But there is another way, and it is a Islip and Smithtown, they do not have lower interest rates in the economy is much fairer way. Rather than finding the option of registering themselves in to be sure that the government, the revenues by borrowing money from our Bermuda in order to avoid their fair Federal Government, is not consuming children, let me suggest exactly where share of income taxes. That is not a a larger and larger share of the avail- the administration can find those reve- choice for them. They are simply told, able credit in our economy. nues to meet those expenses right now pay up, do your duty, support our For all of those reasons, deficit at this very moment: in Bermuda, in troops. spending is wrong. Common sense tells the Island of Bermuda, where the New Meanwhile, the biggest businesses in us that the Federal Government ought York Times reports that many Amer- America are shifting the tax burden to to be managed like our own house- ican corporations, big businesses, are them; and even worse, Mr. Speaker, the holds, our own businesses; and if we do paying nominal fees to register their biggest businesses in America, the irre- not do that, we are doing a disservice corporations all to avoid paying their sponsible ones who flee for that tax to the American people, and we are en- fair share of corporate taxes here in shelter in Bermuda, are shifting the cumbering our children with a debt the United States, to avoid paying burden to our children. that they may never be able to get out their fair share of the war against ter- Well, Mr. Speaker, I am pleased that from under. rorism, to avoid paying their fair share the Treasury Department has changed We believe as Blue Dog Democrats for senior citizens who are being its mind; and despite its earlier reti- that we need to support the President kicked out of their Medicare HMOs. cence, it is going to study the loss of

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.181 pfrm01 PsN: H13PT1 H892 CONGRESSIONAL RECORD — HOUSE March 13, 2002 revenues as a result of this Bermuda farther in debt we have gotten in the money for a guy from Mississippi, but tax shelter. But a study on a shelf can- past 12 months, because it really is that is $5 trillion less than it is now. not replace real action by this body. within all of us. One of the reasons this has been al- We need to stop companies who wrap I see it in my town meetings, when I lowed is that on a regular basis, Con- themselves in the American flag to sell walk the Wal-Marts and the KMarts gress has come to this floor, different their products and then strangle our and the hardware stores in my district, Presidents, both Democrats and Repub- budgets by registering themselves when I visit with shrimpers, or people licans, and have said, I need to borrow abroad, who escape their fair share. at the other end of the economic scale. just a little bit more, I need a little As the ranking member of the Com- It is just hard to believe that our Na- temporary fix to get this monkey off of mittee on Ways and Means said, ‘‘Sup- tion is now $6 trillion in debt. In fact, my back. Those are the temporary porting America is more than about last year at this very time the Presi- fixes, the accumulated problem that waiving the flag and saluting. It is dent of the United States and a lot of that has caused. about sharing the sacrifice.’’ folks in the media were running around Mr. President, I am not going to vote That is true of soldiers, citizens; and saying Washington is awash in money. to raise the debt limit. it should be true of big companies too. There are surpluses as far as the eye I also want to point out that one of Raise the debt ceiling? How about can see. the reported stories that is coming making sure that every big company in Well, apparently the people who said from this is that your Treasury chair- America does what every working fam- that, both inside and outside of govern- man is considering taking that money ily in America does, pay their fair ment, never took the time to look at from the trust funds. Let me remind share. Maybe then we will not have to this, because one year ago right now, the American people that for all of the mortgage the future of our children. our Nation was $5,735,859,380,573 in rhetoric, Democrats and Republicans, All we ask is fair play, all we ask is a debt. people inside the media and outside of fair share, and all we ask is a shared Unlike the previous speaker, I voted the media, with this so-called lockbox sacrifice at a time of war. against most of those proposals that for Social Security, and that is a line Mr. BOYD. Mr. Speaker, I thank the came up last year, because none of item on your taxes, that is taken out of gentleman from New York for his them paid for themselves and almost your taxes with the promise that it is thoughtful remarks. all of them would add to the debt. That going to be put aside for your Social Mr. Speaker, at this time I yield to was my gut conclusion. It turns out my Security benefits, there is no lockbox. the gentleman from Mississippi (Mr. gut conclusion was better than what- What there is, is somewhere an IOU TAYLOR), one of the leaders in this ever economists the President and that says that the United States of House on defense-military issues. He some others were calling on, because America owes the Social Security trust has a very unique perspective on this the amount of debt increase in just one fund $1.23 trillion. There is nothing whole notion of fiscal responsibility year, in the past 12 months, is there. and borrowing from the trust funds $267,593,636,009.87. If you look on your pay stub, you that belong to the American people. also pay Medicare taxes. Again, that is b 1900 Mr. TAYLOR of Mississippi. Mr. supposed to be set aside for your Medi- Speaker, I want to thank the gen- Now, most of this is because of the care benefits when you reach the prop- tleman from Florida and those of you tax breaks that were passed last year er age to receive them. It is supposed who are watching back home for the by Congress. Some of it is because of to be in a lockbox. The truth of the opportunity to talk about the Presi- the war in Afghanistan, but that is $1 matter is, if you were to open up that dent’s desire to raise the debt limit. billion a month. Mr. Speaker, $1 billion lockbox, you will find an IOU from the One of the most moving books I ever a month would be, since September United States for $256.3 billion. read was called ‘‘The Winds of War.’’ It about 6, $6 billion of this. The rest of it Then there is the Civil Servants Re- is a novel, but it talks about the events was increases in spending in the Presi- tirement Fund. Civil servants, con- leading up to World War II, the Amer- dent’s budget. trary to popular belief, do pay into ican participation in it. And let us remember, the President their own retirement. That money is One of the many things that is going got his budget. At the time it was pro- supposed to be set aside to do nothing on in this book is a family member of posed, Republicans controlled the but pay for their benefits when they re- the participants who is in a concentra- House, Republicans controlled the tire. If you found that box and opened tion camp, and he is thinking to him- other body; he got his budget. So it up, you would find an IOU for $532 self, how can it be that the Americans please do not come back and tell this billion. do not know that this is going on? We Member that, well, the reason we have Now, the reason I mention that one have smuggled information to America this big debt is because you guys spent in particular is that the Treasury Sec- showing the Jews and Gypsies and money that I did not want to spend. retary now says, Well, maybe we do not other people that the Nazi regime Mr. President, you got your budget. have to raise the debt limit if we just wanted to get rid of, that these hor- You got your tax breaks, you got your steal it from the Civil Service Retire- rible things are happening, and some- budget, and that is what you have ment System. It is just temporary. how the Americans are not responding. added to the debt with your numbers. The problem, Mr. O’Neill, with that The author called it ‘‘the will not to What really troubles me about that is, you have already taken $500 billion believe,’’ and I guess, to a certain ex- is, I am the father of three kids and out of that account. Where do you stop tent, it hits all of us, whether it is find- they are going to get stuck with that taking it? At what point does the ing out that a family member has been bill and until then, our Nation is going President come to this Congress with a diagnosed with a terminal illness, or to squander more money every day on budget that is balanced? At what time maybe your favorite football team lost interest on the national debt than we does this Congress pass a balanced to a team you did not think they could spend pursuing the war in Afghanistan. budget? possibly lose to. It costs us about $1 billion a month to About 6 years ago we passed a bal- I bring these numbers to the floor to- pursue the war in Afghanistan. It costs anced budget amendment to the Con- night that have been updated as of the us $1 billion a day to pay interest on stitution. It went to the other body and end of this month to show the Amer- that debt and much of it is a direct re- failed by one vote. You would think a ican people what I keep in my congres- sult of the budget from last year. That body that on a weekly basis is finding sional office. It is a constant reminder is the President’s part. new ways to spend money and driving sitting right by my desk as folks come Now, what is particularly troubling up the debt would try at least one more to me and say can you help us with this about this, if I were to bring these time in the past 6 years to pass a bal- tax break or can you help us with this numbers up from the 1st of January anced budget amendment to the Con- additional spending. It is a constant re- 1980, that would be a ‘‘1’’ and most of stitution. minder that I point to as different con- these would be zeroes. The first of Jan- I have recently signed on to the re- stituents come to visit me of just how uary, 1980, our Nation was $1 trillion in cent attempt by the gentleman from far in debt our Nation is, how much debt. Now, that is a heck of a lot of Arizona (Mr. BERRY) to do that, and I

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.182 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H893 hope that we will have a speedy vote on been ridiculed politically and other- you insisting that now, in spite of the this, Mr. Speaker, because I think this wise as being one of the three, but I fact that you argued, even to the point body should pass it. I think that the voted that way for a very, very impor- of bringing this government down, American people should know that tant reason, and that is consistency in which we did for weeks, shutting down that is how much we are in debt, that saying that we should now, the budget the Washington Monument, doing all of we are squandering over $1 billion a that we will debate next week, we the things that you felt were so impor- day on interest on that debt, and until should put ourselves back on track in tant, because you felt like the Presi- then, we are continuing to rob from balancing our Federal Government. dent, President Clinton, would not, did their Social Security trust fund, their Now, we got off track and, yes, part not, would refuse to bring a balanced Medicare trust fund, the Civil Service of it was the war, no question about budget plan to you. Retirement trust fund and the Military that. No one foresaw 9–11–01. One of the All we are saying tonight is, we are Retirees’ trust fund. reasons the Blue Dogs last year said, ready to join with you, but do not Mr. Speaker, that is why I am going Let us set aside that projected surplus, change the rules. The rules are that to vote against raising the debt limit. was because something might happen the Congressional Budget Office is the The other thing I am going to ask unforeseen. We were not prophetic. We official scorer. Do not change the rules the American people to do is check my just said it was good, prudent business and say OMB, and reduce the deficit facts. Last year when all of these peo- to set aside rather than expend it, and the debt by $40 million because ple were talking about the big sur- whether it be in tax cuts or in spend- OMB scores it differently. We agreed to pluses, did anyone ever tell you to ing. play by those rules. Let us stay con- check the facts? I would encourage, Mr. Speaker, it is interesting now, sistent. and I hope the camera can get this, be- and I am puzzled by this: In 1995, one of All we are asking again is, put up a cause this is where the Treasury re- our colleagues, the gentleman from plan. One unnamed staffer was quoted ports on a monthly basis just how Ohio (Mr. PORTMAN), in talking about, this last week on the other side of the broke our Nation is: at that time, a different President in aisle and was asked, are you going to http//www.publicdebt.treas.gov. the White House, he said, It is not okay present a balanced budget? Well, we are Look it up for yourselves. I have been to play games with the $30 billion in going to say we do, but it is really not. encouraging the American people to do payroll taxes that workers pay each That was an honest answer. this for the past year and not one of month that retirees rely on to finance We are so close to doing good things them has ever written me back and their benefit checks. for this country. We were there. We said, Taylor, you are wrong, because I The gentleman from Georgia (Mr. squandered it. Yes, the war was unpre- am right on this one. I am not right on KINGSTON) stood over here day after dictable; that is a part of it. The reces- everything, but I am sure as heck right day after day, and on this particular sion now, we are being told, was not on this one. nearly as deep as anyone thought, and So I want to thank the gentleman for day he said, Mr. Speaker, it seems un- I hope, just like I stood in this well 1 the opportunity to speak on this. If my believable to me that we are sitting year ago and said, when we argued colleagues would like a copy of this for here debating whether the President their offices, when folks come to see can tap into the Social Security trust against the economic game plan that you and tell you that we have all kinds fund and the Civil Service Retirement was put in place and we voted that way of money and we have a project that we fund. I find that it is almost unbeliev- and we sincerely believed it was wrong, just cannot live without, maybe my able that the Democratic Party, who and we said at that time, I said, I hope colleagues here this evening can say, has been using the senior citizens all I am wrong and I hope I get to eat the maybe we can live without it for just a over America as their own cheap pawn, biggest plate of crow in this town. And little while until we find the money to as their shield, to ram or resist any I know that had I been wrong, I would pay for it. kind of legislation that comes up, now have been served up, and I should have Mr. Speaker, I thank the gentleman they want to take the money out of the been. from Florida (Mr. BOYD) for this oppor- senior citizens’ trust fund. But tonight we simply come back be- tunity. That is exactly what is being con- fore this body with a message to our Mr. BOYD. Mr. Speaker, I want to templated by the majority party in leadership: We think balancing our thank the gentleman from Mississippi. this body as of tonight, doing what Federal budget, we think pay-go, pay- He always brings a very unique per- they condemned Secretary Rubin for ing for those new expenditures that we spective, and he always brings the doing. If it was wrong then, it is wrong need, makes good economic sense; and facts. As he says, they do not lie; they now. we think that every bill that comes be- really tell the story. Some of us are willing to do the right fore this House, new and over and I want to recognize at this time, Mr. thing. The right thing would be to in- above that which we passed in the Speaker, and yield to the gentleman crease the debt ceiling and do it clean. budget resolution that we are now op- from Texas (Mr. STENHOLM). That is the right thing to do. But just erating under for this year, that we Mr. STENHOLM. Mr. Speaker, I as was argued by our friends on the ought to give serious consideration to thank the gentleman for yielding. I other side in 1995, it is inconceivable paying for them or voting them down. wish my colleague from Mississippi did that anyone would vote to increase the That is what the three of us did last not have to leave the floor, but I want- debt ceiling without first putting in a week. Well, obviously three do not vote ed to point out that the thee of us, the plan that will get us back into balance down anything. gentleman from Mississippi (Mr. TAY- and take us out of the Social Security But here I have a real sincere, puz- LOR), the gentleman from Florida (Mr. trust fund. That is all we are asking, zling question. If we voted last week BOYD), and I were the three votes and we are willing to work in a bipar- and the President signed the stimulus against the stimulus package last tisan way to accomplish that goal. package that CBO has scored to in- week. The reason we voted no is that it We do not want to play games. It is crease our debt by $42 billion over 10 was not paid for. too important. The creditworthiness of years and $92 billion over the next 3, The gentleman from Mississippi (Mr. the United States of America is on the and the reason for the difference is, the TAYLOR) has been one of the most con- line. It is too important to play games. tax provisions make money in the out- sistent Members in this body over the But play games, we have in the past, years, projected; if we did that last last couple of years in doing what he and play games, it seems like the lead- week and it was signed into law, how showed us again tonight, and that is ership of this House are willing to do can you possibly leave that out of next recognizing that our debt is going up; again. week’s budget deliberations? and this is a debt that our children and They condemned us, and I was one of How can you possibly say that that grandchildren are going to have to pay, the 48 that stood up with you and 148 law that we passed that is going into and it should not be unreasonable to Republicans still in the House and effect that will increase our debt by $42 expect this body to deal with it. voted to increase the debt ceiling. I billion over the next 10 years, and the All we asked for in that bill last was there. Where are you tonight? 5-year budget will increase our debt by week, the three of us, and, boy, I have Where will you be next week? Why are $100 billion, how can you possibly come

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.185 pfrm01 PsN: H13PT1 H894 CONGRESSIONAL RECORD — HOUSE March 13, 2002 to this floor and just ignore it? I mean, children. Please do not continue to run Mr. Speaker, I thank the members of you talk about the Enronization of the up debt and spend the Social Security the Blue Dogs who have come here to- budget process. This is it. Shifting off- and Medicare trust funds, and force our night and spoken so eloquently and shore. Taking it off budget. Hiding it. children into a totally impossible fiscal succinctly on this issue. Well, we will be back next week to situation in this country 15 years from f talk about that. But tonight, I appre- now. THE PROBLEMS AND THE FUTURE ciate the gentleman yielding to me. Please do not do that. Work with us. OF SOCIAL SECURITY, AND THE The gentleman is a true leader of fiscal That is all we are asking. Sit down and COST OF DOING NOTHING responsibility in this body, and it is a work with us. Be honest, and give us a pleasure for me to join with the gen- plan so we do not destroy the future of The SPEAKER pro tempore (Mr. tleman day after day in proposing what our children and grandchildren. We FORBES). Under the Speaker’s an- we believe are some of the better solu- want to work with them, and it just nounced policy of January 3, 2001, the tions. does not make any sense what we are gentleman from Michigan (Mr. SMITH) doing. is recognized for 60 minutes as the des- b 1915 We took $5 trillion last spring, piled ignee of the majority leader. When one is in the minority, one it up in front of the United States Cap- Mr. SMITH of Michigan. Mr. Speak- loses. But every now and then, as we itol and burned it. Now we are acting er, following the presentation from the showed on the farm bill, if we work like that money is still there. We con- Blue Dogs, let me just say from our with the other side, we find that you tinue to spend the Social Security side of the aisle that the Blue Dogs can get bipartisanship. It was not by trust fund. We continue to spend the have come up with some good, thought- accident that we got 290 votes for the Medicare trust fund. We continue to ful ideas in terms of fiscal responsi- farm bill. That is what we ought to get borrow money to operate on, to pass bility. on the budget next week. But if they this debt on to our children and grand- I think we have to be careful about ignore us, they will not do so. If they children. It is not right. We should not not passing blame, and I would hope want to increase our Nation’s debt do it. If we were not building up more that as one of the three separate enti- without a new plan, count me out. debt, we would not need to raise the ties of government that our Founding Mr. BOYD. Mr. Speaker, I want to debt ceiling. It would not be necessary. Fathers set up, that we as a Congress thank the gentleman from Texas (Mr. So all we ask of them is, give us a would also take on some responsibility STENHOLM) for his leadership on the plan. Let us work with them. We all and not expect just that it is up to the budget issues. The Blue Dogs have want to do the right thing. administration to present us a plan of written a budget every year since I Mr. BOYD. Mr. Speaker, I thank the what is good for the future of this have been in the Congress. The first gentleman from Arkansas. country. We also have that responsi- year was 1997. That actually was the In closing, I just wanted to say that bility. year, as the Speaker may recall, that we are all aware, and I hope that the It seems to me, I say to the gen- the historic Balanced Budget Act, the viewers, our listeners, our constitu- tleman from Texas (Mr. STENHOLM), bipartisan act, was negotiated between ents, are aware that late last year the that if we are going to be honest with the Republican-controlled House and Treasury Secretary, Mr. O’Neill, for- the American people, if we think that mally requested that Congress increase our problems today are so important Senate and the Democratic administra- the statutory debt limit by $750 billion, that we have to borrow money that is tion. That plan was a wonderful plan from the current level of $5.9 trillion to in a sense a mortgage that our kids and that got us into balance, and now we $6.65 trillion. our grandkids are going to have to pay are headed in the opposite direction. Mr. Speaker, this request comes a back, then we should not do it by bor- Mr. Speaker, I yield to the gentleman full 7 years earlier than the adminis- rowing. from Arkansas (Mr. BERRY). tration had predicted when it presented If we think what we are spending Mr. BERRY. Mr. Speaker, I thank its budget 1 year ago. Again, I would money on today is so important, then the distinguished gentleman from Flor- say this budget, this debt limit in- we should increase taxes and not try to ida for the great job he has done in his crease, comes a full 7 years earlier than hoodwink the American people into leadership on budget matters and many was predicted by the administration thinking the size of this government is other things, and the courageous stand when it presented its budget to us 1 less costly than it really is by sort of that he takes, and also my distin- year ago. off on the side borrowing more money, guished colleague, the gentleman from Mr. Speaker, I tell my constituents where it is not quite as visible as Texas (Mr. STENHOLM). He has been back home every chance that I have to quickly in terms of the obligation that working on these issues for all the time speak to whatever group it is that we people have to eventually spend to he has been in this body, and we all ap- are the most fortunate and blessed peo- cover what we think is more important preciate his leadership. ple in the world. We live in the greatest today maybe than what our kids and The first thought that comes to my country in the world. We are the eco- grandkids are going to be facing 20 and mind is this time last year the Blue nomic leader of the world. We are the 30 years from now. Dog Coalition extended an opportunity richest country in the world. This I would just like to call on the gen- to the administration, and we said we country has 5 percent of the world’s tleman from Texas (Mr. STENHOLM) as wanted to work with them. We want to population and 25 percent of the we get into the Social Security debate, do the right thing. We want to have a world’s wealth. because he has been one of the leaders. balanced budget, and we want to have We are the military leader of the Before I do that, Mr. Speaker, I want tax cuts. We want to pay off the debt. world. All the other military hardware to remind everybody what we did in They sent the director of the Office of the countries, all the countries 1998. At that time, we promised that of Management and Budget to us. He around the world will not stack up to there was going to be a balanced budg- said, we really do not need you. We can the firepower that this Nation has at et by 2002, and we did that predicated do whatever we want to do. We are in its disposal. on an estimate that revenues in 2002 the majority, and we are going to pass We ought to be able to figure out a would be $1.4 trillion. Now, what hap- this budget. We are going to do it like plan to pay our bills. We ought not to pens to revenues, just in the most re- we want to do it. We will listen a little have to dip into the Social Security cent projections this year and 2002, are bit, but we have plenty of money. We trust fund to pay our operating bills. that revenues are going to be almost $2 have so much money that we are more That is all that we are asking this ad- trillion, so $600 billion more than we worried about paying off all of the debt ministration and the majority, the Re- anticipated in 1998 when we promised than we are what we are going to pass publican majority in the House, to do to have a balanced budget. on to our children, which is a great is to sit down with us and let us work Even if we take $40 billion out for the debt, it has turned out. together to develop a plan to get us tax cuts and another $30 billion out for I would beg the administration and back into balance with our Federal the war on terrorism, there is still $530 the Republican majority, please do not spending before we raise the debt ceil- billion that was increased spending do this to our children and grand- ing. rather than lost revenues.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.187 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H895 So part of the danger that we need to Mr. SMITH of Michigan. Mr. Speak- this body, but the main thing is to face up to is the propensity for Mem- er, I have heard the gentleman say start a dialogue; and that is why I ap- bers of Congress and the administra- many times that, look, 40 years from preciate my colleague inviting me to tion to start new programs, to spend now or 50 years from now or however be part of his dialogue tonight, and I more money, because it tends to make long we might live, to have those kids hope we can get more of this. We seem- us a little more popular. If we take the come to us and say, look at the in- ingly cannot get it done in the commit- pork barrel projects home, we would creased tax burden that you have put tees of jurisdiction. probably get on television cutting the on us because you did not do anything Mr. SMITH. Mr. Speaker, titles often ribbons, et cetera. back in 2002 and 2003, that should make sell a book and they often sell an idea, I think the challenge is huge. I think every Member here feel a little bit but they also sell demagoguery. The we have to face up to both Social Secu- more conscious of the obligations that word ‘‘privatizing’’ Social Security has rity and Medicare. But tonight I want we are passing on to those kids if we do not been my colleagues’ intention in to concentrate on a discussion of what not stand up to some of the tough deci- their bill. It has not been the intention the problem is in Social Security, sions and correct the problems now. in any of the four Social Security bills where we might go, and the cost of I think that it is an easy issue to that I have introduced. The American doing nothing. demagogue. Republicans say, well, people need to know that there is no- Mr. Speaker, I yield to the gentleman maybe that Democrat would be vulner- body suggesting privatization. There is from Texas (Mr. STENHOLM), who has able because there are so many seniors a safety net in every legislation. In been a leader in terms of trying to that are so dependent on Social Secu- fact, in most of the legislation there is come up with a bipartisan effort to rity, so if we can suggest that the gen- a promise of at least as much, if not solve the Social Security problems. I tleman from Texas (Mr. STENHOLM) is more, of Social Security retirement would ask him to give us his best guess bad and might mess up the program be- benefits. of what we should do to get both sides cause he is looking for a solution. And, We just need to look at history, that of the aisle together to help solve this of course, vice versa, Democrats could every time Social Security has gotten problem. demagogue and say, well, Republicans into a problem, the tendency has been Mr. STENHOLM. Mr. Speaker, I are going to ruin our Social Security for the administration and Congress to thank the gentleman from Michigan benefits. And with seniors, so many of increase taxes and/or reduce benefits, for yielding to me. I wish I had the an- our seniors that are so dependent on and of course, in 1983 we did both. swer to that question tonight. But cer- Social Security, we can understand Mr. STENHOLM. Mr. Speaker, there tainly we cannot blame it on the gen- their emotional concern even at the are other solutions to the problem, and tleman and I, because it has been a suggestion. that is why I appreciate the oppor- pleasure for me to work with the gen- I do not know quite how we are going tunity to join with my colleague to- tleman, and with the gentleman from to stop the demagoguery. It will prob- night in talking about some of these Arizona (Mr. KOLBE) and with our ably go on at least one more election. other solutions. friend, the gentleman from Florida But somehow, the key is a better effort I think it is awfully important at (Mr. BOYD), who has been a cosponsor of informing the American people of this stage, and my colleague probably of our bill, the proposal of which we be- ought to do this and I am going to have lieve should be seriously considered in what the situation really is. Mr. STENHOLM. Mr. Speaker, if the to leave in a moment, but about every fixing Social Security. 10 or 15 minutes when we start talking One of the things that we know is gentleman will continue to yield, in about Social Security, we are not talk- necessary is that any proposed fix has the gentleman’s opening remarks con- ing about those who are on it today. to be bipartisan. That is why I appre- cerning our Blue Dog Special Order ciate the fact that about 4 years ago, just before this, the gentleman seemed We are not talking about those about when the gentleman and I were joined to have taken the opinion that we were to be on it, i.e., 55 years of age and together at that time in proposing beating up on the administration. That older. They are safe. We are talking about our children some solutions, the gentleman’s oppo- certainly was not my intent, but it was and grandchildren. That needs to be nent attacked him and my opponent to consider the administration equally attacked me. I appreciate the letter to with the Congress in coming up with a over and over emphasized, and we have the editor the gentleman sent to my solution. That is what we were trying got a plan which tonight I will not go district saying, get off his back, be- to do. into all of it. The gentleman is going to cause he is trying to fix a problem; and In the case of Social Security, this is talk about his, and I happen to agree I did the same for the gentleman. one Democrat who agrees with my with most of what he is doing, particu- That is the spirit in which we have President, what he proposed in the larly with addressing the problem. It tried to operate. We hope we will get a campaign and what I am ready to work has been so difficult, so seemingly im- few more folks beginning to acknowl- with him on, on an individual account possible, for this body to address it. edge the fact, and this is a fact, no one approach. I happen to agree with that. The Blue Dogs, a moment ago, what disagrees that Social Security in its That is something that the gentleman we said last year is, before we get into current form is not sustainable for our from Arizona (Mr. KOLBE) and I share, any new budget, any new tax cuts, any children and grandchildren. There is no and the gentleman from Michigan has new anything, the first thing we should problem with those on it today, but joined with us in cosponsoring our one have done was sit down and fix Social there is a problem for our children and area. The gentleman has some different Security. The gentleman from Michi- grandchildren; and the longer we wait views, and I respect those, and the gen- gan would agree with that, but that is and the longer we wait, it makes it tleman has some great ideas that need not to be. That is water under the that much more difficult. to be considered in this endeavor. bridge. That is gone. I know when I first got here in the Now we find ourselves here it is 2002. b 1930 Congress in 1979, 2011 was so far away Now, then, we are being told, and we did not worry about it; but tonight, I think it is important for the Amer- rightfully so, this being an election 2011 is 9 years away. That is why the ican public to realize that we can have year, no one is going to address Social gentleman and I have been trying to at differences of opinion, but we do not Security this year in a meaningful least get the relevant committees to have to be disagreeable about it. Be- way, i.e., a chance to get a bill through begin in a bipartisan way acknowl- cause I do not pretend for a moment the House and the Senate and the edging some proposed solutions. that the bill that the gentleman from President signing it. So that means we Mr. SMITH of Michigan. Reclaiming Arizona (Mr. KOLBE) and I put together are postponing it until 2003. my time, Mr. Speaker, from the gen- is the solution, but we have been The next thing we are going to hear tleman from Texas, do I understand scored to do that which we all agree is, we cannot do it in 2003 because the correctly that between us we have 12 needs to be done, and that is to fix the next elections are in 2004. That is why grandchildren? I have 10. problem, the unfunded liability of $22 I am so disappointed that we did not Mr. STENHOLM. If the gentleman trillion. We take care of $19 trillion of have an opportunity to show bipartisan will yield further, I have two. that, not a small amount of money in support for what our President has had

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.189 pfrm01 PsN: H13PT1 H896 CONGRESSIONAL RECORD — HOUSE March 13, 2002 the courage to do in the campaign, and the projection over the next 30 years, it the shortfalls will add up to $120 tril- I am so sorry that we have not been is going to double as a percentage of lion between 2015 and 2075. Let me say able to take the Commission on Social GDP. that again. The unfunded liability Security that made recommendations, So it eats up that much more of the today in today’s dollars is $9 trillion, that we have not had a serious oppor- total finances that are available to the but in tomorrow’s dollars over that 75- tunity to discuss those recommenda- Federal Government, and it should be year period, it is $120 trillion that Con- tions, pluses and minuses, and pursue easy to project the fact that to accom- gress, and our annual budget is $2 tril- the legislative process of a solution. modate that doubling of cost, of Social lion, that somehow Congress and the The gentleman from Michigan and I Security and Medicare and Medicaid, administration are going to have to are not controlling that process. we are going to either have to substan- come up with borrowing or increasing Mr. SMITH. Mr. Speaker, also, our tially increase taxes or we are going to taxes to pay promised Social Security former President came close, several have to substantially increase bor- benefits. meetings, several efforts. I think both rowing. My guess is that we are not Let me just comment on the demo- my colleague and I were encouraged 5 going to be able to reduce the expendi- graphics. Our pay as you go retirement years ago when we had the White tures of Federal Government to accom- system will not meet the challenge of House meetings, when we started mov- modate anywhere near that kind of in- demographic change. This chart rep- ing ahead, when there was more talk crease in these programs eating up resents the number of workers per So- on Social Security. those revenues. cial Security benefit. Back in 1940 The fact is, the solutions are not It is a system stretched to its limits. there were thirty-eight people working easy. There is a little pain in all of the Seventy-eight million baby boomers for every one retiree. So thirty-eight solutions simply because of the statis- begin retiring in 2008. Social Security people paid in their Social Security tax tics where the demographics mean that spending exceeds tax revenues in 2015 to cover the benefits of one retiree. there are fewer people paying into the and the Social Security trust fund goes A year and a half ago there were Social Security tax and people are liv- broke in 2037, although the crisis is three people working. Now it is just ing longer. So when we have a program going to arrive much sooner. In 2015 or slightly less than three, three people that takes current workers’ taxes and 2016 there is going to be less coming in working to pay in their taxes to cover uses that money to pay for current re- from the Social Security tax than is re- each one retiree, and by 2025 the pro- tirees and we have a situation where quired to pay promised benefits. So we jection is that there will only be two people are living longer to increase the have a trust fund that we call a Social individuals working, paying in that senior population and the number of Security trust fund, but all that is in much more tax per individual to cover people working is reduced in terms of that trust fund, in those steel boxes is every retiree. their portion of the senior population, IOUs. I mean, there are no dollars So at the same time that there are it becomes a situation where insol- there. less workers for seniors, and that is be- vency is inevitable, and the solutions So how do we come up with the cause seniors are living longer, and are tough. money to pay back Social Security after the baby boomers, there was a There are a lot of solutions. We are what we owe it? Again, it is the same relative decline in the birth popu- going to talk about them, but tonight action that would take place if there lation. So fewer workers trying to I am sort of going to start from scratch was no Social Security trust fund, be- cover the existence in Social Security of what the background and the solu- cause we are going to keep our prom- of a larger number of retirees per work- tions are. So, again, I congratulate the ises, we are going to pay those Social er. gentleman from Texas (Mr. STENHOLM) Security benefits, but to do it, we have The red chart simply represents try- on his effort, and hopefully we will pre- got to either increase taxes or increase ing to dramatically display the future vail next year. borrowing, and that is what is going to deficits of Social Security. We have a Mr. STENHOLM. Mr. Speaker, I happen unless we face up to the prob- little blip up here. On the top left is a thank the gentleman from Michigan lem today. We use some of the sur- little blip of surpluses. That is because for sharing his time, and I want to pluses that are coming into Social Se- in 1983 when they last changed the So- keep on plugging, because he has been curity over and above the cost of the cial Security system, they actually a valuable resource to this body, to program, and we start getting real dol- made a mistake. They calculated taxes those who bother to stop and listen; lar returns on those invested funds. that were higher than they needed to and some of the areas he will be talk- I think we need to make it very clear pay Social Security benefits. ing about now are something that col- that insolvency is certain. We hear So what has happened since 1983 is, leagues on both sides of the aisle, and people talking about, well, if the econ- there has been a surplus, more taxes I am going to do my best to make sure omy gets better that will solve the So- coming in from workers of the United that folks on my side listen; and if cial Security problem. It will not. We States than were needed to pay bene- they are going to complain or if they know how many people there are and fits, and so that was the extra surplus. are going to talk negatively about we know when they are going to retire. And so what government did, they said, what the gentleman is talking about, We know that people will live longer in Well, we will just borrow that extra my answer is, okay, what is the solu- retirement. money and spend it for other govern- tion? The auto industry and Xerox came ment services and write an IOU out to At least the gentleman has got a so- before the Social Security task force the Social Security trust fund for the lution, and for that I commend the that I chaired. I chaired the bipartisan last couple of years. gentleman and thank him for yielding Social Security task force last session, We came up with this idea; it ap- some time to me tonight. and the medical futurists were sug- proaches gimmickry. We called it the Mr. SMITH. Mr. Speaker, well, here gesting that within 20 years anybody Social Security lockbox, but it was an it is, Social Security is taking a big that wanted to live to be 100 years old, effort to try to have some discipline hunk out of the total Federal budget. because of the tremendous increase in within this Chamber and the Senate Twenty percent of the total Federal our medical technology, would have and the administration to at least pay budget goes into Social Security. We that option, to live to be 100 years old. down some of the other debt held by match defense, the domestic discre- So think what that is going to do not the public instead of spending this tionary; it is one of the largest expend- only to Social Security but to every money for increased programs, which itures we have. Medicare is smaller pension plan, to every personal savings tend to perpetuate themselves. than Social Security, but the cost of plan, if someone is going to live 15 Anyway, the long-term deficit, again, Medicare is growing very rapidly. years longer than expected back in in today’s dollars, $9 trillion. Over the Right now, if we include Medicaid, 2002. next 75 years, $120 trillion in addition Medicare and Social Security, it rep- We know how much they will pay in, to the amount of dollars and money resents a little over 7 percent of the these workers, and we know how much that is coming in from the Social Secu- total economy of the United States, a they will take out. Payroll taxes will rity tax to pay current promised bene- little over 7 percent of GDP; and see not cover benefits starting in 2015, and fits.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.191 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H897 There is no Social Security account are using up more and more money, es- if there is a way to increase some of with an individual name on it, and as I pecially not only in the increased cost the real return on that money, and you make speeches back in Jackson and of medical care but as more and more can do this in a way that is going to Hillsdale and Adrian and Battle Creek seniors live to be an older age. minimize, if not do away with, all risk, and up in Eaton County, Charlotte The biggest risk is doing nothing at it is to have indexed stocks and in- next to Lansing, most people think all. Social Security has a total un- dexed bonds and have a system where that somehow there is an account that funded liability of over $9 trillion. The it is shared. So the return over a 30- they are entitled to. Not so. The Su- Social Security trust fund contains year period is going to be what your preme Court now on two decisions has nothing but IOUs, and to keep paying benefits and returns are going to be said that the taxes someone pays in are promised Social Security benefits, the based on. simply a tax and the benefits that they payroll tax will either have to be in- I am going to be showing you a chart might get from Social Security are a creased by nearly 50 percent or benefits that shows the returns on 30-year aver- benefit passed by Congress and signed will have to be cut by 30 percent. ages, but just now let us go back to by the President that can be changed There was an article in the Detroit how long you are going to have to live anytime. That is why there is some ad- News recently that said, well, the So- after you retire to break even with the vantage, some merit, to having an ac- cial Security problem is not as bleak as money that you and your employer count with someone’s name on it that some say because you will still get 75 paid into Social Security. See, it was a politicians in Washington cannot mess percent of your benefits in 2032. But I good deal back in 1940. You worked 2 around with. say that is pretty bleak, especially to months, paid in your taxes for 2 the large number of seniors that de- months, and it only took the first 2 b 1945 pend on Social Security for 90 percent months of retirement to get everything So if you have your private account, or more of their total retirement in- back that you put into it. But as we and we can mandate how the invest- come. And to reduce that benefit from have increased taxes over the years, ment is made in that account to make $800 to $600 in today’s dollars is going and as we have, as individuals, lived sure that it is a safe investment, but it to be pretty dramatic for those individ- longer, there is less money to spend on is going to be in that individual work- uals that depend on that Social Secu- all individuals. You can see that by er’s name so he has possession. So if he rity check for so much of their retire- 2005 you are going to have to live 23 dies, he or she dies, before they are 62 ment existence. years after retirement to break even, or 65, then it goes into their estate Social Security was one of the issues and that goes to 26 years by 2015. So it rather than going back into the system that I first dealt with when I first came is not a good investment. Social Secu- with maybe a $240 death benefit. These to Congress. I have now introduced rity is not a good investment. trust fund balances are available to fi- four Social Security bills. In the next And I want to point out that nobody nance future benefit payments and couple of weeks I will introduce the is suggesting doing anything with the other trust fund expenditures, but only next one. But I think an interesting disability portion of Social Security. in a bookkeeping sense. point, as I have written these Social So, roughly, the 2.4 percent of your Now, read this with me. There are Security bills that have been scored by taxes that covers disability and sur- claims on the Treasury that, when re- the Social Security actuaries to make vivor benefits, nobody, in none of these deemed, will have to be financed by ei- Social Security solvent, every 2 years, bills that have been presented, none of ther raising taxes, borrowing from the 2-year session, that I have introduced a this legislation is suggesting that we public, or reducing benefits, or reduc- bill, it is that much harder to figure make any changes in that insurance ing some other expenditures. And this out ways to solve the Social Security portion of Social Security for dis- is what the Office of Management and problem. The longer we put it off, the ability benefits and survivor benefits. Budget said a year and a half ago. more drastic the solution is going to I think this is an interesting chart. Some have said, well, if the economy have to be. And that is because what Seventy-eight percent of families now gets strong, and we are under- we are doing is not using the current pay more in payroll taxes than income estimating how strong the economy is Social Security surplus, the extra taxes. So the Social Security tax of 12.4 going to grow, an expanding economy amount that comes in over and above percent has become the major tax for with higher wages will fix the problem what we are paying out in benefits; we most American workers. of Social Security. Not so. Because of are not using that to help in a transi- The six principles of saving Social the fact that Social Security benefits tion to get some real return on the Security that I have come up with: pro- are directly related to your earnings extra money that is coming in, to get tect current and future beneficiaries; and how much Social Security tax you some real return on individuals. allow freedom of choice; preserve the pay in, the more you earn eventually, This chart shows the diminishing re- safety net; make Americans better off the higher your Social Security bene- turn of your Social Security invest- not worse off; and create a fully funded fits are going to be. Social Security ment. The real return of Social Secu- system; and, with 75 percent of the peo- benefits are indexed to wage growth. rity is about, this says less than 2 per- ple now paying more in the Social Se- And when the economy grows, workers cent, but it is about 1.7 percent for curity tax than they do in the income pay more in taxes but also will earn most workers, and shows a negative re- tax, let us not again raise taxes, the more in benefits when they retire. turn for some compared to over 7 per- FICA taxes, for Social Security. Growth makes the numbers look better cent for the market as a whole. Now, if The personal retirement accounts. in the short run, but leaves a larger you look at the little chart, you see Number one, they do not come out of hole to fill later. minorities actually lose out, and that Social Security. Two, they become part The administration has used these is because minorities tend to die at an of your Social Security benefits. And, short-term advantages, I think, as an earlier age. So a young minority work- three, a worker will own his or her own excuse to put off Social Security; and er can work all of their life and die be- retirement account. What I do with now we are in an extremely chal- fore they reach the age of 62, and that these retirement accounts in my legis- lenging time when we are trying to means that they end up getting a nega- lation, for women, some who might be fight terrorists in our war on terror. tive return from the money that they staying home with the young kids, And I think rightfully so it is reason- have paid into the Social Security Sys- some who might have gone into the job able to finance the war on terror to the tem. It helps everybody else, but it market later, I add the husband’s eligi- extent necessary to make sure we win; does not help that individual. And that bility for private investments and the but at the same time, we have to look is one thing that, it seems to me, is wife’s eligibility for private invest- at the long-term challenges. And as we reasonable for us to correct, and I do ments and divide by two, so that each, saw in an earlier chart, the long-term that in my Social Security bill. husband and wife, have the identical financial challenges of this country, of The average, as I mentioned, is a 1.7 amount of dollars going into their re- this Congress, of the Presidency of the percent return. But here is a market- tirement savings plan, their personal United States is Social Security and place over the last 100 years that has retirement investment savings plan in Medicare and Medicaid, all of which given us a return of 7 percent. And so their own name. So in case there is a

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.193 pfrm01 PsN: H13PT1 H898 CONGRESSIONAL RECORD — HOUSE March 13, 2002 divorce, it is already divided. We divide worker could retire as a very wealthy strength of economic growth in this it every year. retiree simply because of the magic of country in the past, and it has got to And while I am talking about women, compound interest. be that way in the future. a couple other things that I thought So my legislation goes farther than Here again, we see ups and downs, were important in restructuring Social just fixing Social Security. It increases even over the last year on the far-down Security is taking away the penalty and encourages additional savings blip, but on a rolling 30-year average, that we now put on mothers that stay above and beyond Social Security so not much of a downer in terms of aver- home with their children. So in my leg- that today’s workers that have a mod- age returns on investment. islation I, for a mother who is staying est income can retire, even if they live Okay. Here is the return. Here is home with a child under 3 years old, I to be 100 years old, in much more what I was talking about earlier, when allow those years to be figured in the wealth than they are having today, if we have problems, we increase taxes. If calculation of their retirement bene- they are willing to sacrifice and save a we do not deal with this problem, Mr. fits, assuming that those years had the little today. Speaker, the temptation is going to be highest earning of any earning year The U.S. trails other countries. When to yet again increase taxes on workers. that that mother might have had. So it I went to Europe, it was interesting In 1940, the rate was 2 percent. This does not penalize the mother that that in the 18 years since Chile offered program started in 1934, by the way. By stays home with her young kids. PRAs, 95 percent of the Chilean work- 1940, the rate got up to 2 percent on the The other thing I do is I increase the ers have created accounts and their av- first $3,000. That is $60 a year max- benefits for a surviving spouse from the erage rate of return has been 11.3 per- imum. By 1960, 6 percent, 6 percent on existing 100 percent to 110 percent. And cent per year. Again, this compares to the first $4,800. That was a maximum that is to encourage more people to the 1.7 percent that the retiree depend- per year of $288. In 1980, it went to stay in their own homes rather than ing on Social Security is going to get. 10.16. In 2000, it is up to 12.4 percent, going to a very expensive nursing and we are now at 12.4 percent of the b 2000 home. The 110 percent helps accommo- first $86,000 of payroll. date that. Among others, Australia, Britain, We are increasing the base every The last blip that I have not men- Switzerland offer workers a personal year. If we put it off, the tax will again tioned yet is that it is limited to safe retirement savings account that is in go up. Here are, in summary, some provi- investments in the personal retirement their name, that the politicians cannot sions that I thought was sort of the account. Safe investments that will mess with. basis of the legislation that I have in- earn more than the 1.9 percent paid by Let me say again, every time that we troduced. First of all, it allows workers Social Security. have come up against not having I was in Europe representing the enough money to pay Social Security to only invest a portion of their Social United States and our Social Security benefits, Congress and the administra- Security taxes. I limit the investments to indexed stocks, indexed bonds. Some plan and talking with a lot of other tion has either increased taxes and/or people say, well, this is going to be a countries. Many countries in the world reduced benefits. That is what we did bankroll for Wall Street. The cost of have now gone from a fixed benefit in 1983 under the Greenspan Commis- administering an indexed fund is ap- plan to a fixed contribution plan. So sion, we reduced benefits and substan- proximately .004 percent, so our Thrift they, like almost every State in the tially increased taxes. Savings account that so many Mem- United States, has made that change to The British workers chose PRAs with bers of Congress are familiar with, you accommodate for what everybody 10 percent returns. You cannot blame would invest in indexed funds that knows is going to be a demographic them. Two out of three British workers have very low administrative costs. enrolled in what they call the ‘‘second problem, with more seniors and fewer PRSAs, personal retirement savings tier social security system’’ chose to workers. We need to make the transi- account investments, in my legisla- tion, and we can still have the kind of enroll in the personal retirement ac- tion, start at 2.5 percent out of the 12.4 safety net that is going to guarantee counts. The British workers have en- percent. Then it gradually increases that future retirees are going to have joyed a 10 percent return on their pen- over the next 40 years to get up to 8 as much or more benefits than they do sion investments over the past few percent that would be in your private now. years. The pool of PRAs in Britain ex- investment account. The PRSAs are My grandson, who is named Nick ceeds nearly $1.4 trillion, larger than limited to a variety of safe invest- Smith, sort of my immortality maybe, their entire economy and larger than ments. I think that is important. my grandson was painting on a fence the private pensions of all other Euro- But what I think is even more impor- and he had $160 coming to him. I said, pean countries combined. tant is that the individual worker owns let us put this in a Roth IRA, because Here it is. Mr. Speaker, this chart is that account, controls that account; look what the magic of compounding a rolling 30-year average of the returns nobody can take that account away interest can do, and I figured this out in stocks between 1901 and, I take it, up from him because it is in his or her based on the last 20 years return on in- to 2001. A 30-year return. We see some name. If he or she happens to die before dexed stocks. So I calculated this out downs on this. But the average is 6.7 they start collecting Social Security and I said, okay, now, look, by the age percent. benefits, then it goes into their estate of 64, you are going to have about Some people say, ‘‘Don’t put it in and their heirs rather than, like our $70,000 if you put this all in a Roth IRA any kind of stocks because it is too current Social Security system, simply right now. He says, gosh, though, risky.’’ Let me just suggest that if this going back into the Social Security grandpa, I sort of wanted to save it to country does not continue to grow, system. buy a car when I turn 16. Well, wait a then whether it is the current system It uses surpluses to finance the minute, if you wait just another 7 with no changes or whether it is any PRSAs. Right now we are still in this years, until you are 71, then it will system that depends on revenues com- time period up to 2015 or 2016 when double again and it will be $140,000. ing in and the economy of the United there are surpluses coming into Social Well, he finally agreed that maybe he States, the money is not going to be Security. There is no increase in taxes could put $20 in a Roth IRA. there. We need to look at the kind of or government borrowing in my bill. But the point I sort of make is that decisions that are going to stimulate PRSA account withdrawals may it is hard to convince people that sav- economic expansion. begin at 591⁄2, while the eligibility age ing now can be so valuable in retire- I am getting off on a footnote here, for fixed benefits is indexed to life ex- ment simply because of the magic of but I just want to say, we need to con- pectancy. So here again, if you have compound interest. It is so much easier tinue our investments in basic re- the kind of savings that will pay for an to say, well, I need to spend this on search, we need to continue our prior- annuity to give you the same benefits these things today. But if everybody in ities like this administration has to as Social Security would, then you can the United States could save a little improve education, because that retire as early as 591⁄2. more and put it in a savings invest- human capital investment and that What we have also done in our legis- ment account, then the average income capital investment is what is the lation is say that if you do not retire at

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.195 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H899 65 but you decide to keep working and ment would add the additional 17 per- Every American must understand that not start taking those Social Security cent to guarantee what he would have the war is going to be a long war and benefits, your Social Security benefits gotten under the old Social Security the war is a war for people’s minds will increase by 8 percent a year for system. We can have the kind of safety across the globe. It is a war to show every year you delay taking Social Se- net, because over the long term we can our compassion. It is a war to help edu- curity benefits after 65. A lot of us are get a lot better return than the 1.7 per- cate the rest of the world. There are a very healthy and want to keep working cent of the average retiree. number of items, of components in this a few more years. If you wait 4 years Again, in closing, Mr. Speaker, let war against terrorism which require and increase your benefits by 25 per- me just suggest to all of my colleagues, massive help by our entire population. to everyone that might be listening to cent, if you are optimistic about your b 2015 life span, then it becomes a good deal. this presentation, that the longer we But the point is, if you retire earlier, put off solving Social Security, the When we make our own population a then actuarially you are going to get more drastic the solution is going to little less comfortable or disgruntled, less, but still have the option of retir- be. I think we cannot afford the impo- we move in ways which are going to re- ing earlier. If you wait to retire, then sition on current workers or we cannot strict the rights and freedoms of our you are going to actuarially have more afford to put the burden on future wage own population; we are weakening our benefits, but it is going to not cost earners by not facing up and dealing effort in the war against terrorism. When we refuse to appropriate ade- anybody anything simply because, on with the Social Security problem. quate funds for education, we are the average, it is going to be actuari- f greatly weakening the ability to fight ally sound. ASPECTS OF THE WAR ON a war against terrorism. And over PRSA account withdrawals may TERRORISM what? In the most elemental concrete begin at 591⁄2, as I mentioned. There are way, the ability of our military to tax incentives for workers to invest an The SPEAKER pro tempore (Mr. fight a war with high-tech weapons, additional $2,000 each year so that you FERGUSON). Under the Speaker’s an- very complex weapons, is dependent to have the same tax advantages as you nounced policy of January 3, 2001, the some degree on the quality of the edu- would in a Roth savings account, or an gentleman from New York (Mr. OWENS) cation of the personnel involved. IRA, to encourage that additional in- is recognized for 60 minutes. Mr. OWENS. Mr. Speaker, I would I am not a military expert; but the vestment, especially for low-income like to talk about a very important as- large number of accidents that have oc- workers where government would add pect of the kind of war against ter- curred, the large amount of human to that investment in those retirement rorism which I think the United States error and the number of casualties that accounts. were the result not of hostile fire but It gradually slows down benefit in- should wage. I would like to talk about a dimension of that war which is very of our own mistakes, indicate that the creases for high-income retirees by seldom discussed. We are in the process quality of personnel could be greatly changing benefit indexation from wage now of preparing for our budget. The improved. growth to inflation. Right now, we vote on the budget may come as early I am mindful of the time when, just have a system where future benefits as next week. In that budget, the larg- a few years ago, we launched a new are indexed to wage growth which goes est increase is $48 billion for the mili- super aircraft carrier, the largest and up much faster than the CPI, than in- tary and for homeland security, items most complex machine on the water, flation. So this changes that index. which are designated as part of the war about 3 years ago was launched by the Generally what I do to pay for this against terrorism. I want to talk about Navy, and they said that they were system is, I slow down the increase in that in terms of its being utilized in a short 300 personnel. They could not fill benefits for high-income workers and new way, of being expanded so that it 300 positions on that aircraft carrier increase them for low-income workers. has a greater impact against terrorism because they could not find within the But that is what helps pay for the tran- than the present administration fore- Navy the enlisted men who could do sition into some private ownership ac- sees. the things that were necessary, could counts. We divide the PRSAs, like I The emphasis of the present adminis- operate the complex high-tech equip- mentioned, between couples. Widow’s tration is too much on the military ment. It was just one example of how or widower’s benefits increase to 110 and too little on foreign aid and other education directly relates to our abil- percent. It repeals the Social Security kinds of necessities that are needed, ity to fight a war. In this example it is earnings test, it is scored by the Social both at home and abroad. obviously quite concrete and related to Security Administration to keep So- I think the discussion before on So- the military. cial Security solvent, and it maintains cial Security is relevant here, also, but On a larger scale, we need all the peo- the trust fund reserves. Some people today, earlier, we took some steps ple we can to help educate the popu- have said, we need the trust fund re- which I think weaken our war on ter- lations of certain nations, to help edu- serves there, so I keep the reserves rorism. A bill was passed which erodes cate the leaders, to be able to spread there as an additional safety net. the ability of the American citizens to the constitutional civilization that we Right now, the average retiree gets bring class action suits. For some time, enjoy, how you operate under a con- about 30 percent of their last year’s since the Contract With America and stitution, to be able to spread the eco- earnings. The current retiree gets, on the majority was taken over by the Re- nomic system that we enjoy, the legal the average, 30 percent of their last publican Party, we have had an effort system that goes along with economic year’s earnings. What we are sug- to erode the rights of citizens in our system. Capitalism cannot exist with- gesting is that we have the kind of civil courts. out a legal framework. There are a guarantee that if an individual that is Certainly the effort to end class ac- number of things that are not so sim- 20 years old today ends up getting, tion suits as we know them has been ple that the rest of the world needs to whatever, 50 percent of their last year’s going on for some time. That bill was learn, and one of the ways we are going earnings, or as we have experienced in passed today, by a narrow majority, to be able to win the war against ter- some counties down in Texas that de- but it was passed; and it is one more rorism is to have more and more peo- cided to have private investments rath- example of how we are restricting and ple, ordinary people in the nations of er than the Social Security, they are oppressing, with a light hand, and the world, understand these complex receiving three and four and five times swindling our own population. Every processes. as much as Social Security would pay. time we do that, every time an act So educated people in America will So if we say to the 55-year-old worker takes something away from the Amer- help not only increase our own level of that, look, you go into the system, he ican people, the citizens, who must be prosperity, the ability of our own Na- comes up with funds in his personal at the heart of fighting the war on ter- tion to function, but also we are going savings retirement account that would rorism, we are weakening our war to be needed to help spread democracy accommodate, say, 20 percent of what against terrorism. across the world and help democracy he would have of his last year’s earn- One thing this war needs is every take a firm hold, to help improve the ings, then Social Security and govern- American enthusiastically involved. economic systems take hold.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.198 pfrm01 PsN: H13PT1 H900 CONGRESSIONAL RECORD — HOUSE March 13, 2002 The nation building that is going to We seem to be quite vulnerable here punished as a result of his activities. have to take place in Afghanistan is on Capitol Hill, when one letter going That did not stop Pol Pot from arising. just one example of a large number of through the post office and then to That did not stop Slobodan Milosevic people of all walks of life, technicians, Senator DASCHLE’s office led to an an- from trying his hand. mechanics, scholars. All kinds of peo- thrax scare. Appropriately, that shut On and on it goes. These maniacs will ple are going to be needed to help re- down the whole Senate building. One- come. Saddam Hussein is another one build the nation of Afghanistan. We are third of the Senate offices were shut of those maniacal creatures that exist. not going to do it all. The United Na- down; employees were terrorized to We cannot put our heads in the sand tions is responsible for the nation some degree. Two postmen lost their and pretend that they are ever going to building in Afghanistan, and that is lives as a result of the anthrax just be able to be stopped if you only have the way it should be; but we must passing through the post office ma- a nonviolent approach to them. make a great contribution. chines, and all of us saw our mail However, there are also the nameless, The larger war is one that we must brought to a halt. We did not receive faceless groups out there that have not understand how serious it is, the pro- mail for a couple of months. Our mail even formed yet, that can be dissuaded, jection of a larger threat. It is not the has to go through an irradiation proc- stopped, if we remove the fertile kind of threat that we have faced be- ess now. ground for terrorism that exists among fore with the Soviet Union, the possi- A lot of complex things happened as those groups. bility of nuclear annihilation over- a result of the relatively small anthrax I am a child of World War II. I was night, the possibility of them having attack. We are grateful for the fact just a grade school student during more nuclear warheads than we had, that whoever perpetrated that attack World War II, and we lived with the the Soviet Union having better rockets did not send 10 or 20 envelopes through possibility that the Nazis would pre- than we had and the necessity to keep the mail at the same time. vail. In school we were told they want- monitoring what the Evil Empire was So we are vulnerable now. We know ed to take over the world. In black doing. The Evil Empire, on the other we are vulnerable to an anthrax at- schools they were told they hate black hand, was monitoring us constantly. tack; and just as anthrax was sent people, and one thing worse than the We are in a different kind of situa- through, you could have other kinds of Ku Klux Klan is the Nazi SS storm tion, and the threats we face now are biological attacks, very potent dis- troopers. The terror of the Nazis we not as easy to describe or to imagine as eases. The smallpox virus, all kinds of lived with until they were defeated. they were before. But one thing that things could be done in similar ways, Then we lived with the terror of the September 11 taught us is that we are through the mail and various ways Cold War, the Russians are coming, the vulnerable. dropped in areas where you have a Evil Empire. At school we used to have There is this great Nation, we are not dense population in our big cities. drills and have to go under the desks an empire, call us the American colos- There are a number of ways that we because the Russians now had the sus, with all of its strength in so many can discern that we could be attacked atomic bomb and we might have nu- ways, which is very vulnerable, like by faceless, nameless, nationless peo- clear war. So we lived through that. any other civilized society is vulner- ple. We know that now, and so do a lot Even up to the time of my children in able. We did not know that on Sep- of other people out there know it. school, they still had drills and were tember 11 to the degree we know it How do we make ourselves safer? I do very much conscious of the need to be now. not have all the answers, nobody has afraid of an attack by the Soviet We are very vulnerable, because if all the answers; but we are evolving an- Union. All of that was horrible; and all you hit one nerve center, and in the swers. One answer is to reduce the of that, of course, left quite an impres- case of September 11 they hit the fi- number of people in the world who sion on a lot of us. nancial center of New York, a commu- would cooperate with terrorists, reduce But none of it was as horrible as 9–11. nications center, two buildings. Large the number of people in the world who Even the attack on Pearl Harbor, we numbers of people died, but a lot of would become terrorists, reduce the lived with the knowledge that the Jap- other repercussions took place as a re- number of people in the world who anese were very sneaky and they might sult. It was a domino impact. A domino would aid and abet terrorists. That is attack, coming over California and impact helped to make the recession one way to begin to make a safer into the heartland of America. That worse, not only in New York City and world. was another one of the nightmares that New York State, but it had an impact In doing that, we have to have a for- young people used to have. But the at- right across the Nation. eign policy and domestic policy which tack on Pearl Harbor, of course, We were vulnerable in that a rel- put people first. I am not speaking as a brought the war home closer than any atively small group of people some- pacifist. I am a follower of Martin Lu- other war we had ever realized from a where in the world, and they were ther King, I believe in non-violence, foreign nation; but at Pearl Harbor, at based in Afghanistan, we have as- but I also recognize that we have to, in that time Hawaii was not even part of sumed, I think correctly, a small group some cases, go to war. The only way to the United States, so it was a little of people struck down all the airplanes stop certain kinds of threats is with vi- more distant, and, of course, most of the skies of the great United States olence matching violence, and that is Americans who lost their lives at Pearl of America. They were empty for a few what our military is all about. Harbor were at least military people. days as a result of the actions of these I said the last time I was here in a It was not until 9–11, nothing com- few people. small poem that I wrote that wars pares, nothing we experienced in World So we are vulnerable, because the never leave us thrilled, but there are War I or World War II, the Cold War, Internet connections and the television some maniacs who demand to be killed. the Korean War, nothing compares to broadcast connections at the World Wars never leave us thrilled, but there the attack on America that took place Trade Center meant a lot of people are some maniacs who demand to be on September 11. It brought home the found themselves without television killed, and we would indeed be quite fact that we are in a different kind of service, and communications in New stupid not to recognize that after a world. York is very much still affected by the long history of dealing with these ma- The Evil Empire, as the Soviet Union fact there were telephone switching niacs. was described, and I am sure they had stations and complicated operations lo- Adolph Hitler was a maniac that descriptions for us that were similar, cated near the World Trade Center. could not be stopped any other way ex- no longer exists. Russia and America So in a number of ways a very com- cept with violence against violence. We now have generals and officers sta- plex, modernized society is vulnerable. had to have a military force to match tioned in the missile sites, and we Now terrorists know it as well as ev- his overwhelming military force. We closely monitor each other and the erybody else; and we have to recognize thought after Hitler you would have a number of nuclear weapons we prom- that, sooner or later, the possibility of decrease in those kinds of maniacs. He ised to reduce. Certainly the rockets these things happening again is there. was thoroughly punished as a result, and their trajectories have been al- We will have other kinds of attacks. and the nation that followed him was tered, and there are agreements that

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.200 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H901 make us all feel secure that the Soviet cation, it taught them to read and have had unstable governments, each Union and the United States will never write, but also provided some hot time there was a coup, we punished go to war. We are the only nations with meals each day for them. them by taking away something. They the capability of delivering long-term So large numbers of children, espe- had given us the money to buy planes, nuclear weapons. cially males, were spent to the we kept the money and did not give We are not happy and secure about madrassahs and the madrassahs, we them planes. We had a meager amount the Chinese or North Koreans, but even know now, taught them to read and to of aid going to them, and we cut all of then there is a nation to negotiate write, but only a limited amount of that off through A.I.D. Nothing hap- with; and America has negotiated with reading and writing, not a broad edu- pened as a result of punishing them for the North Koreans. Despite the fact cation about the whole world, a limited their own instability in their own gov- that the President called them part of amount, and taught them to focus on ernment. For various reasons, Paki- an ‘‘evil axis,’’ we are still in negotia- hatred for the West and hatred for cer- stan could be very disgruntled. How- tion with North Korea. It is a nation. tain religions and taught them to dedi- ever, Pakistan has risen to the occa- China, our relationship with China, cate their lives to the eradication of sion and was one of the first nations to there is a multiplicity of contacts and what they call the Evil Empire, the respond to President Bush’s call for al- relationships. Capitalism has invaded decadent West and Christianity and a lies in the war against terrorism. China; and China has invaded our con- number of other kinds of things they Considering the fact that Pakistan sumer markets, for good or ill. We are were taught to hate. So many of them has a huge border with Afghanistan, not that afraid that China is ever going went off to the camps in Afghanistan Pakistani response, the Pakistani sup- to pull a sneak attack on us. to become a part of the Taliban and a port for the war on terrorism was cru- But those unknown, unnamed forces part of the army of the Stealth Army cial. We could not have reached the out there, in small groups, al Qaeda of Osama bin Laden. So we have that point that we have reached now in and Osama bin Laden is just one that example that we are watching. It is a terms of pretty much containing the we have profiled, a high profile, we un- case history. violent situation, the capacity of the derstand. Who knows how many other Pakistan is an interesting case his- Taliban to wreak violence on its popu- there might be out there. But certainly tory for the United States, because lation or anybody outside without al Qaeda gives us a good example of the Pakistan as a nation has always been Pakistan. We could not have reached kind of danger we face from stealth, an ally of the United States. From its the point where Osama bin Laden is on stealth attacks, stealth violence, S-T- inception, it has been a friendly rela- the run somewhere or hiding some- E-A-L-T-H. The world ‘‘stealth’’ is tionship. The United States has rattled where or maybe dead; we could not say what every civilization has to fear its sabers and flexed its muscles a few that we have dealt a critical blow to from now on. times to protect Pakistan from India, terrorism if it had not been for Paki- We have come to the point where and in wars that India could have won stan. We owe Pakistan a great deal. weaponry is so complex and so power- easily if they had continued. I can re- I want to applaud our own adminis- ful that small amounts of explosives member the United States making tration. For once they have responded and small bombs or small packages of veiled threats and telling them they by rewarding the nation of Pakistan. lethal viruses or small packages of needed to back down, and that has hap- There is a package that is part of powder, like anthrax, can do tremen- pened. On the other hand, Pakistan President Bush’s war against terrorism dous, tremendous harm. We are threat- was a loyal ally during the Cold War. of $500 million or $600 million in aid, ened by stealth from possible terrorists While India was far closer to the Soviet and some of that aid is earmarked for in the future. Union, Pakistan was very close to this education. It is earmarked for edu- Nation. cation. More than $100 million is ear- b 2030 Of course, when the Soviet Union in- marked to be spent only on education. So they are and could be as numerous vaded Afghanistan, the key to the de- There are other moves that have been as the stars. We cannot ever be able to feat of the Soviet Union in Afghanistan made to aid education in Pakistan at stamp out all of those possibilities out by American-led Stealth forces sup- the same time we are giving other there. porting the Afghan people was Paki- kinds of aid. The one way to guarantee that they stan. Pakistan was the avenue through So Pakistan is an ally that we are are kept at a minimum and the one which the United States funneled its taking care of. way to guarantee that they have an at- aid, its weapons, its military power. The rest of my speech I want to dedi- mosphere and a milieu and an environ- And it defeated the great Soviet Union cate to the proposition that there are ment to operate which is hostile to as a result. Pakistan, in alliance with allies in the western hemisphere that them and protective of us is to try to the United States. we continue to ignore and take for make a world which includes justice, But each time we have an engage- granted at our peril. In a world where peace and compassion; a world where ment with Pakistan, each time Paki- we face terrorism threats, where we all the babies receive enough to eat; a stan serves as our ally, we have not re- face threats from unknown groups, world where young people are allowed warded Pakistan. We did not reward some of them not even established yet, and encouraged and supported to get them for the great service they did as but we know the conditions that give an education which will allow them to a result of the Soviet defeat in Afghan- birth to these kinds of terrorist groups, look beyond hate. istan. We did not reward them for all of in that kind of world, we are at risk in A great deal has been said about the the years that they served as our loyal our own hemisphere. We are ignoring madrassahs in Pakistan. The ally during the Cold War. Pakistan was the Caribbean Islands. We are ignoring madrassahs are schools in Pakistan sort of left to drift when we got the threat from the South American which have come into great promi- through with using them. So we missed countries. We are ignoring the role nence and merited a great deal of at- a golden opportunity. A nation of more that Haiti could play in a positive way tention and discussion because Paki- than 160 million people is no small na- or in a negative way. We are ignoring stan as a nation abandoned its public tion. Compared to India with 900 mil- the fact that these nations in this school system. A very limited amount lion, 160 million may seem small, but hemisphere, close to us, have one great of money is appropriated in the Paki- among the nations of the Earth, Paki- advantage and they can impact in a stan budget. This year they have done stan ranks among the top 10 in popu- more meaningful way on our lives be- much better. Before 9–11, very limited lation. cause they are so close, just because amounts were being appropriated for Having deserted, left Pakistan alone, they are so close. education, huge amounts for the mili- not rewarded Pakistan in any way, the We are ignoring the fact that for tary, and other expenses; and parents establishment of a closer alliance with years now, we have been fighting what seeing their children abandoned were military aid, no Marshall Plan for we call a drug war, and the drug war happy, quite pleased that they could Pakistan, no Marshall Plan, no con- has involved our deploying operatives send their children to religious schools tinuing relationship, aid was very mea- to all of these nations of one kind or which not only gave them an edu- ger, and then when Pakistan, as they another related to the war against

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.202 pfrm01 PsN: H13PT1 H902 CONGRESSIONAL RECORD — HOUSE March 13, 2002 drugs. Not just the island nations, but similar to the Marshall Plan which that may get out of hand. If we really the nations joined to us at the south- saved Europe after World War II? Why want to fight terrorism, and we have ern tip of Mexico. Mexico and the is- can we not have a Marshall Plan which $48 billion in the present budget, I am land nations of the West Indies and develops an economy, helps to develop not way out in left field, I want to stay Haiti, all have had serious problems the economy of the Caribbean Islands? on the subject, if we have $48 billion in with respect to either the growth and It would not cost very much. Why the budget to fight terrorism and for processing of drugs or the trans- could not we have approached Colom- homeland security, then a portion of shipment of drugs. If we ignore the fact bia with aid for economic development that money ought to go to looking at that these nations already have a prob- and other kinds of things, rather than this hemisphere and what we can do in lem and that that problem may lead to only aid for the military? I am sure if this hemisphere at a much lower cost a situation where the governments are we spent $1 billion for economic devel- now than we would have to pay in the forced to succumb to drug lords; there opment in Colombia, we would get a future if we had to fight empires of are some things worse in the world better return on our investment than drug lords with votes in the United Na- than the Taliban. The Taliban at least we have gotten for the dollars that we tions and all kinds of influence in the had religious rationale. It may be a spend on military aid in Colombia. future. phony religious rationale, but it was a They are fighting a guerilla group, a I want to use Haiti as a case history, religious rationale. The drug lords do guerilla operation which could not because I am quite disturbed, and we not attempt to pretend to be moral in exist if it did not have the support of a have good reason to be disturbed, by any way. large percentage of the population. the present policies of the United The primary problem between Haiti Why does it have the support of a large States Government toward Haiti. and the United States during the Clin- percent of the population? Because a Haiti has a long history of being a ton administration or during the last, large percent of the population make loyal ally of the United States, just for the last 20 years has been the fact their living growing cocaine, the coca like Pakistan, way back when, when Haiti was the second nation in this that forces in Haiti, certain forces in leaf, and that is where they have an af- hemisphere to gain its freedom. The Haiti were being financed by drug lord finity with the lawlessness of the drug United States became an independent money. The problem of the President of lords. Colombia is that Colombia is at the What would happen if in the future in country in 1776. Haiti came second in this hemisphere as an independent na- point where there is a danger that drug this hemisphere we are surrounded by tion. lords will take over the entire nation. all of these nations and they are taken When the British tried to undo the Most Americans do not know that we over by drug lords, they run the gov- spend more than $1 billion in this little Revolutionary War and to subdue the ernments? That means that drug lords infant nation of America in the War of country called Colombia in South have a vote in the United Nations. America. This is $1 billion being spent 1812, Haitian soldiers fought on the side There are a lot of small nations in the of American soldiers. Haitian soldiers in the war against drugs and we are Caribbean Islands that are right now continuing to invest. Unfortunately, it were sent or came to this nation. directly threatened by drug lords. Throughout the history of Haiti and is a military war. We are giving aid to There is one island where the chief law the relationship between Haiti and the fight a guerilla army which is financed enforcement officer was murdered by a United States, the Haitian people have by drugs. We are giving aid to fight a local drug lord. Everybody knows who never raised their hands against the population which has no other means. killed that person. Everybody in the is- United States. They have never been They see themselves as having no other lands is afraid to participate in the disloyal. Yes, we have done some ter- means to survive, so they are part of process of apprehending and pros- rible things to the Haitians. We occu- the process of growing drugs and proc- ecuting the murderer. That is just a pied their country for more than 30 essing drugs. small island and one dilemma which years. But the Haitians have never Colombia is just the beginning. Co- foretells the future of a lot of others. done anything to subvert the United lombia is right next to Panama, and There are some larger islands which States. Neither Hitler nor Castro nor Panama now is an independent nation. have recently had violent outbreaks in Osama bin Laden has been able to drive The canal is owned, operated; it is part certain parts of the island, and Ja- a wedge between the Haitians and the of Panama, not America any more, and maica is one, where the battles were people of the United States. they are right next to Colombia. Drug fought in Kingston, where the police That ought to stand for something. lords could take over Panama some- were outgunned by modern weapons We ought to be interested in rewarding time in the future if we do not under- that the criminals had. How do crimi- Haiti. Haiti would be a good example to stand that that kind of war is as impor- nals in a small island get such modern hold up to the rest of the countries in tant as a war against terrorism. In weapons and are able to outgun the this hemisphere as to what it means to fact, it is a kind of terrorism, and it local police? Through the financing of be a friend and ally of the United certainly could become a part of an in- the drug trade. There are some islands States. Let us take care of our friends come-producing empire for terrorism where drug lords are known and de- at home, as well as seek to make new in the future. We have not talked very spised by the population; but if a drug friends across the world. much, we have not heard much about lord gives a birthday party, your top Vice President CHENEY is on a tour the role of drugs in Afghanistan and officials of government go to the birth- throughout the world to build up alli- how the Taliban and all of the forces in day party. You are eroding slowly the ances, to get alliances for the Amer- Afghanistan have been involved in sell- respect for the civilian governments, ican-led war against terrorism. That is ing drugs. Heroin, the poppy from you are eroding the authority of gov- probably altogether fitting and proper. which heroin is made is the number ernments, and you are saying to the He should do that. But in the mean- one product of Afghanistan, and the population, that process is saying to time, the nations in this hemisphere control of the heroin trade by these the population that drug lords are all are being treated very badly, and I factions, including the religious powerful. begin with Haiti. Taliban, was one way in which they fi- Haiti is at the point right now where nanced their operations, selling drugs. b 2045 it may cease to exist as a nation. Haiti So it is not farfetched to say that the It is like in our neighborhoods in may implode or explode and just fall drug war in this hemisphere will be- New York and some other big cities apart completely because of the hostile come a major problem in the war where powerful people demand a lot of policies of the United States. The key against terrorism in the future. money and forces, and young people to the death of Haiti would be the poli- We need to look at all of the nations begin to look up to them because they cies of this nation. Haiti does not de- in this hemisphere in terms of what is have money, they drive the big cars, serve to die. The second oldest inde- our relationship to them, why do we and they have the best wardrobes, et pendent nation in this hemisphere, the continue to take them for granted, why cetera. nation of Haiti has been driven to the can we not have a Marshall Plan for In the island nations, we have the brink of chaos and dissolution by a the western hemisphere on a scale same development of powerful forces hostile U.S. foreign policy.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.204 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H903 Seven years ago, the U.S. reneged on were part of it. They had all surfaced are coupling humanitarian aid, aid a $200 million development fund prom- during the years that Aristide was in that is designed to help people, aid, ised to Haiti. Now the U.S. is presently exile and had spoken against Aristide most of which would not go to the gov- blocking humanitarian aid in order to in various ways. We know who they ernment, it would go through non- bolster the position of a destructive op- were; we know who they are. governmental organizations, we are de- position in Haiti. For petty political Despite the fact that Aristide’s ad- nying that aid as a way to force Haiti reasons, Haiti is being strangled to ministration was in no way corrupt, to do some things we want done which death, but Haiti does not deserve to and Aristide obeyed his own nation’s would benefit the opposition in Haiti, die. Haiti is being cruelly smothered by constitution and he stepped down at the opposition that has been favored by a small group of petty, but powerful, the end of the 5-year term, the U.S. al- the right-wing forces in the United decision-makers here in Washington. lowed a ruthless and shortsighted few States since the very beginning of Long before the recent Haitian elec- to condemn Haiti to death by neglect, Aristide’s term. tion controversy, and there is now a death by abandonment, death by the I am asking my colleagues in the controversy in Haiti about the last denial of vital aid for survival. House to join us in an appeal, asking election of people, and we are using the Let me repeat: Aristide’s administra- both Houses of Congress to join us in fact that that election was not a per- tion was in no way corrupt. We could an appeal to the rest of our colleagues fect election as an excuse to hold up find no fault with Aristide. Aristide re- to try to save Haiti. Join us in the ap- aid to Haiti and to block aid to Haiti turned after being in exile for 3 years. peal for a special initiative by Presi- from other sources. That election in He was elected, and the army staged a dent Bush and Secretary Powell. We Haiti probably was far more reasonably coup, and they forced him out of the want to ask them to review and recon- executed and implemented than the country. He was in this country for 3 sider the Haiti policies that they are election in Florida. But we are using years. He went back. He had only 2 presently promulgating. that as a way to deny aid to the more years to serve in his term. He had The President showed great animos- present administration. a right to make a claim that he had ity towards Haiti, even during the cam- But long before that, long before the been exiled and was not able to fulfill paign for his election. Haiti was singled Haitian election controversy, for per- the wishes of his people, and he had a out in two of the debates as being the sonal, ignoble, and irrational reasons, a right to say, ‘‘I should be allowed to kind of place that President Bush felt noose was tied around the neck of stay 5 years.’’ But no, he accepted the we should not have given aid and help, President General Bertrand Aristide’s constitution and wanted to promote so we know that there are problems in first administration. the authority of the constitution, and this administration. As the democratically elected presi- he stepped down after serving for 2 Secretary Powell recently went to a dent was returned, with the support of years, 3 years in exile and 2 years after CARICOM conference. CARICOM is an the U.S. military, President Clinton he went back. We asked him to do that. organization of the island nations of and the international community The United States Government wanted the Caribbean. He went to a conference promised Haiti an economic aid pack- that to be done. and talked about punishing Haiti fur- age vital to the survival of the coun- He did everything we asked; but nev- ther by denying or continuing to deny try. The start-up and kingpin donation ertheless, a ruthless and shortsighted aid. This administration should imme- was to be $200 million from the U.S. few decided to condemn Haiti to death diately deliver, this administration That was going to be the start-up, and by neglect, death by abandonment, should immediately deliver to Haiti, the other nations, using that or recog- death by the denial of vital aid for sur- first of all the $200 million that were nizing that $200 million, would create vival. promised in 1994, or promised several an infrastructure, an administrative We descendants of Jefferson, Lincoln, years ago. After that, it should follow infrastructure, which would allow Roosevelt, and Martin Luther King up with the humanitarian aid that is Haiti to make use of additional aid. should no longer tolerate the lynching being denied right now. They promised to give additional aid. of a nation before the eyes of all who I would like to say to my colleagues Other nations, Canada, France, Japan, can see in this hemisphere and the rest that if our own Nation will not yield, if they promised to follow the lead of the of the world. That is what is hap- our own Nation insists on pursuing this U.S. with a sum total of more than $1 pening: We are lynching the nation of course of destruction of Haiti, yes, it is billion. In other words, let me make it Haiti. We are strangling a nation to an assassination course, we are assassi- clear, if the United States had followed death. We are assassinating a nation. nating a nation, I can think of no through on its promise to give $200 mil- That is the charge I make, and I think terms that would be too harsh for what lion, the rest of the nations of the that the facts will bear it out. The poli- we are doing, if we continue to pursue world would have chipped in and the cies of the United States Government this assassination course, then I would amount of aid that Haiti would have at this point are destroying the nation like our colleagues to consider joining gotten 7 years ago was $1 billion or of Haiti. us, the Congressional Black Caucus, in more. Haiti does not deserve to die. As I an appeal to the United Nations. Why But the U.S. did not follow through said before, in the War of 1812, after the not ask the United Nations to try to on its promise. There were certain pow- vengeful British had burned the White bring some sense back to the situation? erful people in Washington who said House and were threatening to recolo- A very small group of very powerful that Haiti would never get a dime from nize the fledgling American Republic, people in Washington is using power to the United States because they person- Haiti sent troops to aid in the defense destroy a nation of between 7 million ally would see to it that it did not hap- of our new nation. Since that time, and 8 million people. Something should pen. There are a few people in Wash- Haiti’s hand has never been raised be done. I would like to ask our col- ington who are just that powerful. against this land. Neither Hitler nor leagues to join the Congressional Black Unfortunately, certain power brokers Castro nor Osama bin Laden could Caucus in an appeal for help. If the within our midst counted themselves break the bond that exists between the United Nations will not do it or is slow, as close friends of the old oppressive U.S. and the people of Haiti. Haiti does an appeal for help from some of the ruling class in Haiti, and they thus be- not deserve to die at the hand of the other more moral nations of the world. came sworn enemies of President United States foreign policy. Why can we not appeal for help to Nor- Aristide. The president of Haiti who Mr. Speaker, today I am inviting all way, Sweden, the Netherlands, Den- was elected with an overwhelming of my colleagues to unite with the Con- mark? Somewhere, someone on this democratic vote of the people was tar- gressional Black Caucus to rescue a globe should be able to understand the geted by the U.S. right wing for pun- Haiti that is being unjustly subjected situation and come to the aid of Haiti. ishment. to cruel and inhuman torture. Haiti is I recall that Norway, a very unlikely What was the U.S. right wing? Cer- being unjustly subjected to cruel and place for the solution to be worked out tain people in high positions in the inhuman torture. The denial of human- in the Middle East, but Norway took Congress of the United States were itarian aid to Haiti right now is being the leadership in developing a dialogue part of it; certain people in the CIA used as a political sledgehammer. We between Israel and the Palestinians.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.206 pfrm01 PsN: H13PT1 H904 CONGRESSIONAL RECORD — HOUSE March 13, 2002 b 2100 the second largest. Together, we in the tempts to negotiate with the leaders of The peace process that was started Congressional Black Caucus have Haiti, decided to restore John Bertrand and later brought to fruition by Presi- sought to try to establish a new rela- Aristide to power in Haiti through the dent Clinton, which led to Arafat and tionship between the United States and use of military intervention. Our Rabin shaking hands in the White Haiti since the days when Haiti had troops went into Haiti, and as I told House garden, was started by Nor- democratic elections and President the President, he does not have to wegians. So maybe we can appeal to John Bertrand Aristide was elected by worry about the people fighting the the Norwegians or the Swedish or the something like 80 percent of the voters. United States troops. The people will Netherlands or Denmark or some other Because he did not follow its precepts welcome the United States troops with nation, some other decent, civilized na- and was not a puppet of the oppressive open arms. They will cheer the troops tion, Germany, to help, because our ruling class, ruled for a long time, the as they come in. Nation is locked in a position which is Army staged a coup and Aristide bare- Exactly what I predicted and told the inhuman and disgraceful and mur- ly escaped with his life. He spent 3 President would happen, happened. The derous for a whole group of people. years in this Nation, in Washington Haitian army was made up of 4,000 Perhaps we should follow the moral here, while we tried to get a negotiated folks who were thugs and cowards, and example of Australia. Australia sent return of Aristide to his rightful place they ran to hide when the army came their soldiers to stop the bloodshed in in Haiti. However, because the people in, and the people cheered the United East Timor. At the request of the in power, the army leaders who staged States forces. Aristide was restored to United Nations, Australia sent their a coup, were so well financed by drug power, and the leaders of the Haitian soldiers to stop the bloodshed in East lords that they did not have to worry army were sent into exile. Timor, and the Australians did not about economic sanctions, that they Military leaders like Cedras and leave and say we are not going to en- did not have to worry about their own Biamby were exiled to Panama on Oc- gage in Nation building the way cer- income, they would not budge. They tober 13, 1994. The U.S. provided an air- tain people insisted we leave Haiti: The would not yield. liner which shipped them out of the United States should not stay in Haiti; There were several negotiations with country. Michel Francois had escaped. we should not have to help to build a them which almost came to the point We believe he went to the Dominican Nation; we restored the President, let of reaching some agreement, but it Republic, but he was later convicted in us get out. No, the Australians stayed turned out they were just leading us on exile of drug transshipment and of under the supervision of the U.N., and and had no intention whatsoever of murder. However, I have a brief chro- they have helped to build a nation in ever letting Aristide back in the coun- nology here which I will quickly go East Timor. try. All the way, they had their lines through as a backup for what I have East Timor is today being celebrated into the drug lords. Haiti was a major said before of our relationship with as a new democratic Nation. Pretty transshipment point for drugs. Haiti. soon East Timor will take their place Raoul Cedras, the commander of the On 15 October Aristide returned to in the United Nations as an inde- Army, his second in command Biamby, Haiti, and Aristide, at the part of the pendent nation. It could not have hap- Michel Francois, they were all on the United States Government, called for pened without those outsiders, those payroll, well financed by drug lords. reconciliation and an end to violence. white Australian troops, going to the Michel Francois was later indicted by He did not call for retribution. He did aid of a nation in distress and commit- the United States for his role in drug not call for trials to punish the trai- ting themselves under the supervision transshipment. tors. He followed the example of Nelson of the United Nations to a moral and So the long history between the Mandela and the leadership of South very civilized venture to save human United States and Haiti has not been a Africa, and he sought reconciliation beings, to restore a government of the good one from the time that the occu- with the opposition forces. people, and to help to build a govern- pying forces left Haiti. First of all, we On 11 October, Aristide moved to re- ment of the people in that far-flung occupied Haiti for 32 years, which is duce the army. Already most of them corner of the world. most unfortunate. I will not go into fled, but he reduced the army to 1,500 It is a decision of the Congressional the circumstances that led to that, but troops from a strength of 7,000, and he Black Caucus that we send out pleas after we left Haiti, we left in charge offered the soldiers of that army that throughout the whole globe in search and had bonds between a ruling class had deposed him jobs within the com- for some nation that will help us to aid that had the benefits of an army which munity and preference for new posi- Haiti, if our own government will not. was trained by the United States. The tions in the government. We are going to appeal first to those Haitian army and the ruling class that On November 4, Aristide appointed a Members of the Congress. We are going had been very oppressive for the rest of new prime minister in accordance with to appeal to President Bush. We are the Haitian people ruled for a long their constitution and the parliament going to appeal to all the forces in this time. approved that new prime minister. Nation to take a hard look at what we Francois Devalier was elected as On December 17, Aristide, by presi- are doing and to back away from a for- president. He made a bond with the rul- dential decree, established a commis- eign policy. ing class and the Haitian army and cre- sion on justice and truth to investigate If that does not happen, we intend to ated his own army called the Ton Ton crimes committed by military regime. go to the United Nations and to the Macoutes, which was a civilian militia, The commission on justice and truth is civilized nations of the world. Haiti death squads that were feared by the the exact same name that was used by does not deserve to die. If we fervently people, and the combined balance of Nelson Mandela and the people of seek it, then somewhere in the civ- the Haitian army and the Ton Ton South Africa and Bishop Tutu as they ilized world there must be enough com- Macoutes kept Haiti in a state of ter- sought to unravel the relationship be- passion and mercy to save the long-suf- ror for more than 40 years. tween the oppressive whites of South fering people of Haiti. Haiti does not Finally, they got a decent election Africa and the new black-dominated deserve to be strangled at the hand of under pressure from the United Na- government without bloodshed, with a our government. Haiti does not deserve tions and the United States. They had minimum of bloodshed. to die. a fair election and President Aristide February 9 of 1995, the multinational This is a very strong language. I have was elected, and of course, I have told force of the United Nations collected lived with the problems of Haiti for a my colleagues before, the army imme- 20,345 weapons, including 5,853 grenades long time. My district has the second diately overthrew the elected presi- and 1,736 machine guns from the rem- largest concentration of Haitian Amer- dent, forced him into exile. He barely nants of the Ton Ton Macoutes and the icans in America. Miami has the larg- escaped with his life. Haitian army. est concentration. The congressional President Clinton, responding to the January 30, 1995, the U.N. Security district of the gentlewoman from Flor- repeated request of the Congressional Council passed a resolution which ex- ida (Mrs. MEEK) has the largest con- Black Caucus trying to shape a decent tended the United Nations mission in centration of Haitian American; I have Haitian policy, after many, many at- Haiti until July 31, 1995.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.209 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H905 March 31, 1995, President Clinton 5862. A letter from the Deputy Assistant FHWA–2001–10077] (RIN: 2125–AE89) received made a trip to Haiti, the first Presi- Secretary for Program Operations, PWBA, February 19, 2002, pursuant to 5 U.S.C. dent to set foot on Haiti since Roo- Department of Labor, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- sevelt; and President Clinton went to partment’s final rule—Class Exemption for tation and Infrastructure. Cross-Trade of Securities by Index and 5872. A letter from the Program Analyst, oversee the transition ceremony which Model-Driven Funds [Prohibited Transaction FAA, Department of Transportation, trans- reduced and established the pattern for Exemption 2002–12; Application No. D–10851] mitting the Department’s final rule—Estab- the pullout of all the United States received February 12, 2002, pursuant to 5 lishment of Class E5 Airspace; Andrews— forces and handed over the multi- U.S.C. 801(a)(1)(A); to the Committee on Edu- Murphy, NC [Airspace Docket No. 01–ASO–15] national transition of Haiti Govern- cation and the Workforce. received February 19, 2002, pursuant to 5 ment to the multinational forces of the 5863. A letter from the Principal Deputy U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. United Nations. Associate Administrator, Environmental Protection Agency, transmitting the Agen- 5873. A letter from the Program Analyst, On April 28, Aristide did the most im- cy’s final rule—National Emission Standards FAA, Department of Transportation, trans- portant thing of his career. He dis- for Hazardous Air Pollutants for Source Cat- mitting the Department’s final rule—Air- solved the Haitian army. If he had not egories: General Provisions; and Require- worthiness Directives; MD Helicopters, Inc. dissolved the Haitian army at that ments for Control Technology Determina- Model MD900 Helicopters [Docket No. 2001– point, we would not be standing here, tions for Major Sources in Accordance with SW–56–AD; Amendment 39–12601; AD 2001–25– about the point that he was not re- Clean Air Act Sections, Sections 112 (g) and 51] (RIN: 2120–AA64) received February 19, 112 (j) [FRL–7155–8] (RIN: 2060–AF31) received 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the elected after he gave up his presidency; Committee on Transportation and Infra- and he is now the president of Haiti, March 8, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and structure. 5874. A letter from the Program Analyst, but he is hated by right-wing forces in Commerce. this nation, and we determined that he 5864. A communication from the President FAA, Department of Transportation, trans- will not let Haiti die. of the United States, transmitting a 6-month mitting the Department’s final rule—Estab- lishment, Redesignation, and Revocation of f periodic report on the national emergency with respect to Iran that was declared in Ex- Restricted Areas; NV [Airspace Docket No. LEAVE OF ABSENCE ecutive Order 12957 of March 15, 1995, pursu- 00–AWP–13] received February 19, 2002, pursu- ant to 50 U.S.C. 1641(c); 50 U.S.C. 1730(c); 22 ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. By unanimous consent, leave of ab- U.S.C. 2349aa—9(c); (H. Doc. No. 107—188); to 5875. A letter from the Senior Regulations sence was granted to: the Committee on International Relations Mr. BARRETT of Wisconsin (at the re- Analyst, TSA, Department of Transpor- and ordered to be printed. tation, transmitting the Department’s final quest of Mr. GEPHARDT) for March 12 5865. A letter from the Deputy Associate rule—Security Programs for Aircraft 12,500 Administrator, Office of Acquisition Policy, and the balance of the week on account Pounds or More [Docket No. TSA–2002–11604] GSA, Department of Defense, transmitting of medical reasons. (RIN: 2110–AA04) received February 26, 2002, the Department’s final rule—Federal Acqui- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f sition Regulation; Contractor Responsi- mittee on Transportation and Infrastruc- bility, Labor Relations Costs, and Costs Re- SPECIAL ORDERS GRANTED ture. lating to Legal and Other Proceedings [FAC 5876. A letter from the Program Analyst, By unanimous consent, permission to 2001–03; FAR Case 1999–010 (stay); Item I] FAA, Department of Transportation, trans- address the House, following the legis- (RIN: 9000–AI40) received February 12, 2002, mitting the Department’s final rule—Amend- lative program and any special orders pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of Honolulu Class E5 Airspace Area heretofore entered, was granted to: mittee on Government Reform. Legal Description [Airspace Docket No. 01– (The following Members (at the re- 5866. A letter from the Director, OPM, Of- AWP–29] received February 19, 2002, pursuant fice of Personnel Management, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on quest of Ms. JACKSON-LEE of Texas) to the Office’s final rule—Locality-Based Com- revise and extend their remarks and in- Transportation and Infrastructure. parability Payments (RIN: 3206–AI81) re- 5877. A letter from the Regulations Officer, clude extraneous material:) ceived February 26, 2002, pursuant to 5 U.S.C. FHA, Department of Transportation, trans- Mr. PALLONE, for 5 minutes, today. 801(a)(1)(A); to the Committee on Govern- mitting the Department’s final rule—Revi- Ms. KAPTUR, for 5 minutes, today. ment Reform. sion of the Manual on Uniform Traffic Con- Ms. NORTON, for 5 minutes, today. 5867. A letter from the Director, Office of trol Devices; Accessible Pedestrian Signals Personnel Management, transmitting the Of- Mr. CUMMINGS, for 5 minutes, today. [FHWA Docket No. FHWA–2001–8846] (RIN: fice’s final rule—Miscellaneous Changes in 2125–AE83) received February 20, 2002, pursu- Mr. MEEKS of New York, for 5 min- Office of Personnel Management’s Regula- utes, today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee tions (RIN: 3206–AJ54) received February 26, on Transportation and Infrastructure. Mr. LIPINSKI, for 5 minutes, today. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5878. A letter from the Chairman, Depart- Ms. MCKINNEY, for 5 minutes, today. Committee on Government Reform. ment of Transportation, transmitting the (The following Members (at the re- 5868. A letter from the Assistant Secretary Department’s final rule—Modification of the quest of Mr. PAUL) to revise and extend for Legislative Affairs, Department of State, Carload Waybill Sample Reporting Proce- their remarks and include extraneous transmitting the Department’s final rule— dures [STB Ex Parte No. 385 (Sub-No. 5)] re- Documentation of Nonimmigrants Under the material:) ceived February 15, 2002, pursuant to 5 U.S.C. Immigration and Nationality Act, as Amend- 801(a)(1)(A); to the Committee on Transpor- Mrs. JO ANN DAVIS of Virginia, for 5 ed: Automatic Visa Revalidation—received tation and Infrastructure. minutes, today and March 14. February 19, 2002, pursuant to 5 U.S.C. 5879. A letter from the Program Analyst, Mr. JONES of North Carolina, for 5 801(a)(1)(A); to the Committee on the Judici- FAA, Department of Transportation, trans- minutes, March 14. ary. mitting the Department’s final rule—Amend- Mr. BILIRAKIS, for 5 minutes, March 5869. A letter from the Program Analyst, ment to Class D Airspace; Eglin AFB, FL; 19. FAA, Department of Transportation, trans- Correction [Airspace Docket No. 02–ASO–3] mitting the Department’s final rule—Civil received February 19, 2002, pursuant to 5 f Penalty Inflation Adjustment Revisions U.S.C. 801(a)(1)(A); to the Committee on [Docket No. FAA–2002–11483; Amendment No. Transportation and Infrastructure. ADJOURNMENT 13–31] (RIN: 2120–AH21) received February 19, 5880. A letter from the Program Analyst, Mr. OWENS. Mr. Speaker, I move 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA, Department of Transportation, trans- that the House do now adjourn. Committee on the Judiciary. mitting the Department’s final rule—Revi- The motion was agreed to; accord- 5870. A letter from the Senior Regulations sion to Class E Surface Area at Marysville ingly (at 9 o’clock and 12 minutes Analyst, TSA, Department of Transpor- Yuba County Airport, CA [Airspace Docket tation, transmitting the Department’s final No. 01–AWP–22] received February 19, 2002, p.m.), the House adjourned until to- rule—Civil Aviation Security Rules [Docket pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- morrow, Thursday, March 14, 2002, at 10 No. TSA–2002–11602; Amendment Nos. 91–272; mittee on Transportation and Infrastruc- a.m. 107–15; 108–20; 109–4; 121–289; 129–31; 135–83; 139– ture. f 24; 191–5] (RIN: 2110–AA03) received February 5881. A letter from the Program Analyst, 26, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to FAA, Department of Transportation, trans- EXECUTIVE COMMUNICATIONS, the Committee on Transportation and Infra- mitting the Department’s final rule—Modi- ETC. structure. fication of Class E Airspace; Hillsboro, ND 5871. A letter from the Regulations Officer, [Airspace Docket No. 00–AGL–29] received Under clause 8 of rule XII, executive FHA, Department of Transportation, trans- February 19, 2002, pursuant to 5 U.S.C. communications were taken from the mitting the Department’s final rule—Design 801(a)(1)(A); to the Committee on Transpor- Speaker’s table and referred as follows: Standards for Highways [FHWA Docket No. tation and Infrastructure.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K13MR7.211 pfrm01 PsN: H13PT1 H906 CONGRESSIONAL RECORD — HOUSE March 13, 2002 5882. A letter from the Program Analyst, eration of interstate class actions, to amend performance standards for the reduction of FAA, Department of Transportation, trans- title 28, United States Code, to allow the ap- pathogens in meat, meat products, poultry, mitting the Department’s final rule—Estab- plication of the principles of Federal diver- and poultry products processed by establish- lishment of Class E Airspace, Bellingham, sity jurisdiction to interstate class actions, ments receiving inspection services; to the WA [Airspace Docket No. 00–ANM–31] re- and for other purposes; with an amendment Committee on Agriculture, and in addition ceived February 19, 2002, pursuant to 5 U.S.C. (Rept. 107–370). Referred to the Committee of to the Committee on Energy and Commerce, 801(a)(1)(A); to the Committee on Transpor- the Whole House on the State of the Union. for a period to be subsequently determined tation and Infrastructure. Mr. BURTON: Committee on Government by the Speaker, in each case for consider- 5883. A letter from the Program Analyst, Reform. A Citizen’s Guide on Using the Free- ation of such provisions as fall within the ju- FAA, Department of Transportation, trans- dom of Information Act and the Privacy Act risdiction of the committee concerned. mitting the Department’s final rule—Estab- of 1974 to Request Government Records By Mr. GRAHAM (for himself, Mr. lishment of Class E Airspace; Stanley, ND (Rept. 107–371). Referred to the Committee of BOEHNER, Mr. MCKEON, Mr. DEMINT, [Airspace Docket No. 00–AGL–28] received the Whole House on the State of the Union. Mr. NORWOOD, and Mr. HILLEARY): February 19, 2002, pursuant to 5 U.S.C. Mr. HANSEN: Committee on Resources. H.R. 3957. A bill to increase the amount of 801(a)(1)(A); to the Committee on Transpor- H.R. 1712. A bill to authorize the Secretary of student loans that may be forgiven for tation and Infrastructure. the Interior to make minor adjustments to teachers in mathematics, science, and spe- 5884. A letter from the Trial Attorney, De- the boundary of the National Park of Amer- cial education; to the Committee on Edu- partment of Transportation, transmitting ican Samoa to include certain portions of cation and the Workforce. the Department’s ‘‘Major’’ final rule—Regu- the islands of Ofu and Olosega within the By Mr. HANSEN: lations on Safety Integration Plans Gov- park, and for other purposes; with amend- H.R. 3958. A bill to provide a mechanism erning Railroad Consolidations, Mergers, and ments (Rept. 107–372). Referred to the Com- for the settlement of claims of the State of Acquisitions of Control; and Procedures for mittee of the Whole House on the State of Utah regarding portions of the Bear River Surface Transportation Board Consideration the Union. Migratory Bird Refuge located on the shore of the Great Salt Lake, Utah; to the Com- of Safety Integration Plans in Cases Involv- f ing Railroad Consolidations, Mergers, and mittee on Resources. Acquisitions of Control (RIN: 2130–AB24) re- PUBLIC BILLS AND RESOLUTIONS By Ms. LOFGREN (for herself and Mr. ceived March 12, 2002, pursuant to 5 U.S.C. Under clause 2 of rule XII, public HONDA): 801(a)(1)(A); to the Committee on Transpor- H.R. 3959. A bill to amend the Illegal Immi- bills and resolutions were introduced gration Reform and Immigrant Responsi- tation and Infrastructure. and severally referred, as follows: 5885. A letter from the Senior Regulations bility Act of 1996 to require the Immigration Analyst, Department of Transportation, By Mrs. CAPITO (for herself, Mr. and Naturalization Service to verify whether transmitting the Department’s final rule— SANDLIN, Mr. OXLEY, and Mr. BACH- an alien has an immigration status ren- Aviation Security Infrastructure Fees US): dering the alien eligible for service in the [Docket No. TSA–2002–11334] (RIN: 2110–AA02) H.R. 3951. A bill to provide regulatory re- Armed Forces of the United States and to received February 26, 2002, pursuant to 5 lief and improve productivity for insured de- achieve parity between the immigration sta- U.S.C. 801(a)(1)(A); to the Committee on pository institutions, and for other purposes; tus required for employment as an airport Transportation and Infrastructure. to the Committee on Financial Services. security screener and the immigration sta- 5886. A letter from the Director, Office of By Mr. DEFAZIO: tus required for service in the Armed Forces, H.R. 3952. A bill to establish an Office of Regulations Management, Department of and to amend the Immigration and Nation- Consumer Advocacy within the Department Veterans’ Affairs, transmitting the Depart- ality Act to permit naturalization through of Justice to represent the consumers of ment’s final rule—Exclusion from Countable active-duty military service during Oper- electricity and natural gas in proceeding be- Income of Expenses Paid for Veteran’s Last ation Enduring Freedom; to the Committee fore the Federal Energy Regulatory Commis- Illness Subsequent to Veteran’s Death but on the Judiciary, and in addition to the sion, and for other purposes; to the Com- Prior to Date of Death Pension Entitlement Committee on Transportation and Infra- mittee on Energy and Commerce, and in ad- (RIN: 2900–AK84) received February 28, 2002, structure, for a period to be subsequently de- dition to the Committee on the Judiciary, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- termined by the Speaker, in each case for for a period to be subsequently determined mittee on Veterans’ Affairs. consideration of such provisions as fall with- by the Speaker, in each case for consider- 5887. A letter from the Regulations Coordi- in the jurisdiction of the committee con- ation of such provisions as fall within the ju- nator, Department of Health and Human cerned. risdiction of the committee concerned. Services, transmitting the Department’s By Mr. JEFF MILLER of Florida (for By Mr. SCHAFFER (for himself, Mr. final rule—Medicare Program; Negotiated himself, Mr. BOYD, Ms. BROWN of HOEFFEL, Mr. SESSIONS, Mr. CROW- Rulemaking: Coverage and Administrative Florida, Mr. CRENSHAW, Mrs. THUR- LEY, Mr. GUTIERREZ, Mr. WELDON of Policies for Clinical Diagnostic Laboratory MAN, Mr. STEARNS, Mr. MICA, Mr. Pennsylvania, and Mrs. TAUSCHER): Services [CMS–3250–F] (RIN: 0938–AL03) re- KELLER, Mr. BILIRAKIS, Mr. YOUNG of H.R. 3953. A bill to authorize the extension ceived March 5, 2002, pursuant to 5 U.S.C. Florida, Mr. DAVIS of Florida, Mr. of nondiscriminatory treatment (normal 801(a)(1)(A); jointly to the Committees on PUTNAM, Mr. DAN MILLER of Florida, trade relations treatment) to the products of Energy and Commerce and Ways and Means. Mr. GOSS, Mr. WELDON of Florida, Mr. Ukraine; to the Committee on Ways and 5888. A letter from the Board Members, FOLEY, Mrs. MEEK of Florida, Ms. Means. Railroad Retirement Board, transmitting ROS-LEHTINEN, Mr. WEXLER, Mr. By Mr. ACEVEDO-VILA´ (for himself, the Board’s Congressional Justification of DEUTSCH, Mr. DIAZ-BALART, Mr. Mr. UDALL of Colorado, and Mr. RA- Budget Estimates for Fiscal Year 2003, pur- SHAW, and Mr. HASTINGS of Florida): HALL): H.R. 3960. A bill to designate the facility of suant to 45 U.S.C. 231f(f); jointly to the Com- H.R. 3954. A bill to designate certain water- the United States Postal Service located at mittees on Appropriations, Transportation ways in the Caribbean National Forest in the 3719 Highway 4 in Jay, Florida, as the ‘‘Jo- and Infrastructure, Ways and Means, and Commonwealth of Puerto Rico as compo- seph W. Westmoreland Post Office Building’’; Government Reform. nents of the National Wild and Scenic Rivers to the Committee on Government Reform. f System, and for other purposes; to the Com- By Mr. NADLER (for himself, Mrs. mittee on Resources. MINK of Hawaii, Mrs. JONES of Ohio, REPORTS OF COMMITTEES ON ´ PUBLIC BILLS AND RESOLUTIONS By Mr. ACEVEDO-VILA (for himself, and Mr. ANDREWS): Mr. UDALL of Colorado, and Mr. RA- H.R. 3961. A bill to provide additional re- Under clause 2 of rule XIII, reports of HALL): sources to States to eliminate the backlog of committees were delivered to the Clerk H.R. 3955. A bill to designate certain Na- unanalyzed rape kits and to ensure timely for printing and reference to the proper tional Forest System lands in the Common- analysis of rape kits in the future; to the calendar, as follows: wealth of Puerto Rico as components of the Committee on the Judiciary. National Wilderness Preservation System, By Mr. PETERSON of Pennsylvania [Omitted from the Record of March 12, 2002] and for other purposes; to the Committee on (for himself, Mr. OTTER, Mr. SIMPSON, Mr. SENSENBRENNER: Committee on the Resources. Mr. GIBBONS, Mr. POMBO, and Mr. Judiciary. H.R. 2341. A bill to amend the pro- By Ms. ESHOO (for herself, Ms. HERGER): cedures that apply to consideration of inter- DELAURO, Mrs. LOWEY, Mr. BROWN of H.R. 3962. A bill to limit the authority of state class actions to assure fairer outcomes Ohio, Mr. GEORGE MILLER of Cali- the Federal Government to acquire land for for class members and defendants, to outlaw fornia, Ms. BROWN of Florida, Mr. certain Federal agencies in counties in certain practices that provide inadequate DOYLE, Mr. KILDEE, Mr. FRANK, Mr. which 50 percent or more of the total acreage settlements for class members, to assure ENGEL, Ms. RIVERS, Ms. NORTON, Mr. is owned by the Federal Government and that attorneys do not receive a dispropor- BONIOR, Mr. FORD, Mr. RANGEL, Mr. under the administrative jurisdiction of such tionate amount of settlements at the ex- STRICKLAND, Mr. CROWLEY, and Ms. agencies; to the Committee on Resources, pense of class members, to provide for clear- ROYBAL-ALLARD): and in addition to the Committee on Agri- er and simpler information in class action H.R. 3956. A bill to clarify the authority of culture, for a period to be subsequently de- settlement notices, to assure prompt consid- the Secretary of Agriculture to prescribe termined by the Speaker, in each case for

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\L13MR7.000 pfrm01 PsN: H13PT1 March 13, 2002 CONGRESSIONAL RECORD — HOUSE H907

consideration of such provisions as fall with- H.R. 218: Mr. FORD and Mr. BACA. H.R. 2966: Mr. BONIOR. in the jurisdiction of the committee con- H.R. 250: Ms. SOLIS. H.R. 3065: Mr. DAVIS of Illinois. cerned. H.R. 303: Mr. ROYCE and Mr. MURTHA. H.R. 3070: Mr. DUNCAN. H.R. 321: Ms. JACKSON-LEE of Texas, Mr. By Mr. REYNOLDS: H.R. 3106: Ms. CARSON of Indiana. H.R. 3963. A bill to repeal limitations under PASTOR, Mr. RODRIGUEZ, Ms. WOOLSEY, and H.R. 3131: Mr. CONYERS, Mr. FILNER, Mr. the Home Investment Partnerships Act on Mr. BARRETT. FARR of California, Mr. THOMPSON of Cali- the percentage of the operating budget of an H.R. 394: Mr. VITTER, Mr. SENSENBRENNER, fornia, Ms. ESHOO, Mr. DOOLEY of California, organization receiving assistance under such and Mr. KING. and Ms. ROYBAL-ALLARD. Act that may be funded under such Act; to H.R. 399: Mr. LAMPSON. H.R. 3143: Mr. MANZULLO. the Committee on Financial Services. H.R. 440: Mr. YOUNG of Alaska. By Ms. MILLENDER-MCDONALD: H.R. 510: Ms. DELAURO, Mr. GEKAS, Mr. H.R. 3236: Mr. LAMPSON and Mr. BERMAN. H. Con. Res. 349. Concurrent resolution SKELTON, Mr. PENCE, and Mr. DOOLEY of Cali- H.R. 3244: Ms. RIVERS. calling for an end to the sexual exploitation fornia. H.R. 3278: Mr. JOHN and Mr. HINCHEY. of refugees; to the Committee on Inter- H.R. 572: Mr. AKIN. H.R. 3280: Mr. KUCINICH. national Relations. H.R. 600: Mr. CLYBURN. H.R. 3320: Mr. PAUL and Mr. JOHNSON of Il- By Mr. FOLEY (for himself, Mr. MICA, H.R. 638: Mr. LANGEVIN. linois. H.R. 745: Mr. GUTIERREZ, Mr. FOLEY, and Mr. HASTINGS of Florida, Mr. DAVIS H.R. 3341: Mr. GUTIERREZ and Ms. BERKLEY. Mr. MCGOVERN. of Florida, Mr. TOM DAVIS of Vir- H.R. 3352: Mr. DAVIS of Illinois. H.R. 781: Mr. ETHERIDGE. ginia, Mr. SIMPSON, Mr. ROHR- H.R. 3389: Mr. KINGSTON, Mr. THOMPSON of H.R. 786: Mr. MCDERMOTT. ABACHER, Mr. SKELTON, Mr. KENNEDY Mississippi, Mr. ISRAEL, Mr. ENGLISH, Mr. H.R. 848: Mr. GEKAS. of Minnesota, Mr. MORAN of Virginia, PUTNAM, and Mr. ENGEL. Mr. PICKERING, Mr. BALLENGER, Mr. H.R. 1038: Mr. FRANK, Mr. DAVIS of Illinois, H.R. 3414: Mr. LUCAS of Kentucky. ETHERIDGE, Mr. EDWARDS, Mrs. Ms. WATERS, and Mr. CONYERS. H.R. 3424: Mr. WAXMAN. MORELLA, Mr. MCGOVERN, Mr. H.R. 1041: Mr. ANDREWS and Mr. HOEFFEL. LANGEVIN, Mr. WOLF, Mr. FARR of H.R. 1090: Mr. ORTIZ, Mr. BLUMENAUER, Mr. H.R. 3489: Mr. FRANK. California, Mr. YOUNG of Alaska, Mr. VITTER, Mr. OWENS, and Mr. RUSH. H.R. 3524: Ms. SANCHEZ, Mr. HOEFFEL, Mr. CASTLE, Mr. RADANOVICH, Mr. H.R. 1097: Mrs. KELLY. WEXLER, Mr. WATT of North Carolina, and NETHERCUTT, Mr. LOBIONDO, Ms. KAP- H.R. 1177: Mr. FOLEY. Ms. SLAUGHTER. TUR, Mr. SESSIONS, Mr. WATTS of H.R. 1214: Mr. HALL of Ohio and Mr. H.R. 3581: Ms. SOLIS. Oklahoma, Mr. MASCARA, Mr. ABER- LARSEN of Washington. H.R. 3657: Mr. DAVIS of Illinois. H.R. 1265: Mr. BALDACCI and Mr. HOLT. CROMBIE, Mr. DOYLE, Mr. BACHUS, Mr. H.R. 3669: Mr. MOORE. H.R. 1290: Ms. WATERS. WELDON of Florida, Mr. OLVER, Mr. H.R. 3671: Mr. FARR of California. H.R. 1296: Mr. BRADY of Pennsylvania and TIAHRT, Mr. MARKEY, Mr. SAXTON, H.R. 3688: Mr. MASCARA. Mr. WELDON of Florida. Mr. EHRLICH, Mr. JENKINS, Mr. H.R. 1354: Mr. GONZALEZ. H.R. 3733: Mr. WAXMAN. TOWNS, Mr. BARR of Georgia, Mr. H.R. 1360: Mr. MCNULTY, Mr. BENTSEN, and H.R. 3747: Mr. HONDA. HAYWORTH, Mr. COOKSEY, Mr. DOOLEY Mr. VISCLOSKY. H.R. 3768: Mr. TOWNS, Ms. KAPTUR, Mr. of California, Mrs. CHRISTENSEN, Mr. H.R. 1434: Mr. BECERRA. DAVIS of Illinois, and Mr. RUSH. DELAY, Mr. PUTNAM, Mr. LAHOOD, H.R. 1626: Ms. MCCARTHY of Missouri, Mr. Mr. WYNN, Mr. SPRATT, Mrs. MEEK of H.R. 3777: Mr. MCKEON. ANDREWS, Mr. WHITFIELD, and Mr. HOEFFEL. Florida, Mr. CRENSHAW, Mr. WAMP, H.R. 3782: Mrs. JO ANN DAVIS of Virginia, H.R. 1701: Mr. HALL of Texas. Mr. OWENS, Mr. HALL of Texas, Ms. Mr. DICKS, Mr. PORTMAN, Mr. COSTELLO, Mr. H.R. 1724: Mr. PLATTS and Mr. LANTOS. PRYCE of Ohio, Mr. LEWIS of Georgia, TOWNS, Mr. GILLMOR, Mr. MORAN of Kansas, H.R. 1731: Mr. MICA and Ms. ROS-LEHTINEN. Ms. MCCARTHY of Missouri, Mr. and Mr. SHUSTER. H.R. 1781: Mr. PASCRELL. MCNULTY, Mr. OXLEY, Mr. FLAKE, Mr. H.R. 3792: Mr. QUINN and Mr. SIMMONS. H.R. 1822: Mr. BOSWELL, Mr. FORD, and Mr. WALSH, Mr. STUPAK, Mr. SOUDER, Mr. H.R. 3803: Mr. LEACH. ROSS. CALVERT, Mr. CROWLEY, Mr. KENNEDY H.R. 3814: Ms. RIVERS, Mr. TOWNS, and Mrs. H.R. 1859: Ms. BERKLEY. of Rhode Island, Mr. HEFLEY, Mr. MINK of Hawaii. H.R. 1903: Mrs. CHRISTENSEN, Mrs. JONES of FROST, Ms. LOFGREN, Mr. PHELPS, Ohio, Mr. KILDEE, Ms. MCKINNEY, and Mr. H.R. 3833: Mrs. WILSON of New Mexico. Mr. FORBES, Mr. JONES of North BLAGOJEVICH. H.R. 3839: Mr. KINGSTON. Carolina, Mr. WU, Ms. SLAUGHTER, H.R. 1935: Mr. DOYLE, Mr. CANNON, Mr. H.R. 3840: Ms. SANCHEZ. Mr. ISAKSON, and Mr. SABO): HILL, Mrs. MALONEY of New York, Mrs. H.R. 3895: Mr. LUCAS of Kentucky and Mr. H. Res. 368. A resolution commending the MORELLA, Mr. ROSS, Mr. SNYDER, Mr. LYNCH, LAHOOD. great work that the Pentagon Renovation Mr. BOOZMAN, Mr. BRADY of Pennsylvania, H.R. 3899: Mrs. CHRISTENSEN, Mr. FROST, Program and its contractors have completed and Mr. CANTOR. and Mr. HOLT. thus far, in reconstructing the portion of the H.R. 1987: Mr. CALVERT. Pentagon that was destroyed by the terrorist H.R. 3900: Mr. MCNULTY, Mr. LANTOS, Mr. H.R. 2059: Mr. HOLT. attack of September 11, 2001; to the Com- FROST, and Mr. LANGEVIN. H.R. 2096: Mr. NORWOOD. mittee on Armed Services. H.R. 3915: Mr. ENGEL and Mr. DINGELL. H.R. 2117: Mr. RYUN of Kansas, Mr. By Mr. ROGERS of Michigan (for him- H.R. 3917: Mr. GEKAS, Mr. SMITH of New PORTMAN, Mr. DOYLE, Mr. SCHAFFER, Ms. self, Mrs. TAUSCHER, Mr. TOM DAVIS Jersey, Ms. LEE, and Mr. FRANK. BERKLEY, Mr. CLAY, Mr. SABO, Mr. PHELPS, of Virginia, Mr. OTTER, Mr. KIRK, Mr. H.J. Res. 23: Mr. HEFLEY. Mr. BARRETT, Mr. KUCINICH, Mr. OBERSTAR, UPTON, Mr. CHAMBLISS, Mr. TERRY, H.J. Res. 40: Mr. DOYLE, Mr. SMITH of Ms. WOOLSEY, Mr. LANTOS, and Mr. FATTAH. Mr. KNOLLENBERG, Mrs. CAPPS, Mr. RAMER BERSTAR H.R. 2125: Mr. KINGSTON and Ms. ROS- Washington, Mr. C , Mr. O , Mr. MATSUI, Mr. GRUCCI, Mr. WEINER, Mr. ANJORSKI YNCH LEHTINEN. K , and Mr. L . HAYES, and Mr. BLUMENAUER): H.R. 2162: Mr. GONZALEZ. H.J. Res. 41: Mr. JEFF MILLER of Florida, H. Res. 369. A resolution recognizing the H.R. 2173: Mr. BARRETT and Mr. LAMPSON. Mr. KERNS, and Ms. HART. goals and objectives of the Intelligent Trans- H.R. 2219: Mr. WALSH. H.J. Res. 85: Mr. PHELPS, Mr. LIPINSKI, Mr. portation Systems Caucus; to the Committee H.R. 2237: Mr. CAMP. BOYD, Mr. CONDIT, and Mr. BISHOP. on Transportation and Infrastructure. H.R. 2374: Mr. MATSUI. H. Con. Res. 26: Mr. KILDEE. f H.R. 2405: Mr. LARSON of Connecticut, Mr. H. Con. Res. 99: Mr. SERRANO and Mr. DAVIS of Illinois, and Ms. WATERS. WYNN. PRIVATE BILLS AND H.R. 2610: Mr. GORDON. H. Con. Res. 164: Ms. CARSON of Indiana. RESOLUTIONS H.R. 2667: Mr. FOLEY. H. Con. Res. 181: Ms. KAPTUR, Mr. DAVIS of H.R. 2795: Mr. WALDEN of Oregon, Mr. GIB- Under clause 3 of rule XII, Illinois, Mr. LARSEN of Washington, Ms. CAR- BONS, Mr. HANSEN, Mr. PUTNAM, and Mrs. Mr. PAUL introduced a bill (H.R. 3964) for SON of Indiana, Mr. BAIRD, and Mr. WALDEN EMERSON. of Oregon. the relief of Rudy Valente Jauregui; which H.R. 2820: Mr. FOSSELLA, Mr. BARCIA, Mr. H. Con. Res. 263: Mr. ABERCROMBIE and Mr. was referred to the Committee on the Judici- COYNE, Mr. TOWNS, Mrs. ROUKEMA, Mr. TURN- PAUL. ary. ER, Mrs. MALONEY of New York, Mr. JENKINS, H. Con. Res. 301: Mr. GIBBONS, Mr. KING, Mrs. BONO, Ms. MILLENDER-MCDONALD, Mr. f Mr. MCNULTY, and Mr. SKEEN. BARTLETT of Maryland, Ms. BROWN of Flor- ADDITIONAL SPONSORS ida, Mr. GUTIERREZ, Mr. LYNCH, Mrs. H. Con. Res. 329: Mr. SKELTON. H. Con. Res. 333: Mr. KUCINICH, Mrs. DAVIS Under clause 7 of rule XII, sponsors CHRISTENSEN, Mr. LATOURETTE, Mr. MCNUL- TY, and Mr. MURTHA. of California, Mr. STARK, and Ms. LEE. were added to public bills and resolu- H.R. 2863: Mr. HOLT. H. Con. Res. 346: Mr. FARR of California tions as follows: H.R. 2874: Mr. KANJORSKI. and Mrs. TAUSCHER. H.R. 128: Ms. WOOLSEY. H.R. 2918: Mr. PAYNE. H. Res. 281: Mr. PAYNE.

VerDate 11-MAY-2000 03:37 Mar 14, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\L13MR7.100 pfrm01 PsN: H13PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, MARCH 13, 2002 No. 28 Senate The Senate met at 9 a.m. and was The legislative clerk read the fol- In short, Dr. Russell has served his called to order by the Honorable DAN- lowing letter: Lord, his nation, stretching back over IEL K. AKAKA, a Senator from the State U.S. SENATE, 50 years. He is also privileged to be the of Hawaii. PRESIDENT PRO TEMPORE, national chaplain of the American Le- The PRESIDING OFFICER. Dr. Washington, DC, March 13, 2002. gion, an organization of which I am David Russell, national chaplain of the To the Senate: privileged to be a member, as was my American Legion, will lead the Senate Under the provisions of rule I, paragraph 3, father. My father served in World War in prayer. of the Standing Rules of the Senate, I hereby I as a young doctor in the trenches in appoint the Honorable DANIEL K. AKAKA, a Senator from the State of Hawaii, to perform France and proudly joined the Legion. PRAYER the duties of the Chair. I still possess the American Legion pin The guest Chaplain offered the fol- ROBERT C. BYRD, that my father carried in that period of lowing prayer: President pro tempore. time. Let us pray. Mr. AKAKA thereupon assumed the Dr. Russell’s distinguished back- Dear most gracious Heavenly Father, chair as Acting President pro tempore. ground, however, includes another pro- found and noteworthy matter. It has to we humbly come to You today to re- f quest that You grant wisdom for all do with his service as a long-time those who gather in this seat of Gov- RECOGNITION OF THE ACTING member of the Chapel of Four Chap- ernment, that they might always act MAJORITY LEADER lains. In fact, he now serves as the Vir- in the best interest of this Nation and The ACTING PRESIDENT pro tem- ginia State Chaplain of the Chapel of its people whom they represent. pore. The Senator from Nevada is rec- Four Chaplains. There may be some Help them, Sir, to seek Your guid- ognized. who are not familiar with the Chapel of ance and direction in all their delibera- f Four Chaplains. I would like this morn- ing to advise the Senate on this his- tions. Reach deep into their innermost WELCOME TO DR. DAVID RUSSELL hearts and minds to bring them to- toric moment in America’s history. gether in unity so that they may act as Mr. REID. On behalf of Senator WAR- The inspiration for the Chapel of one. Enable them to set aside personal NER, I welcome Dr. David Russell, who Four Chaplains and its mission of desires to seek Your divine will and has been our guest Chaplain, for his unity without uniformity comes from way for this great Nation. very timely prayer and also the rep- the courageous acts of four Army chap- May they, and we, always be mindful resentation of the American Legion lains who were serving aboard the USS that our Nation, our lives, our very which has rendered such great service Dorchester when it was hit by an enemy being rests in Thy eternal hands. to our country. torpedo and sank in the North Atlantic Bring them together in a spirit of hu- Mr. WARNER. Mr. President, we are on February 3, 1943. The four chaplains, mility and love for Thee and for these grateful this morning to have a very LT George Fox, LT Alexander Goode, United States of America. These peti- distinguished member of the clergy of LT John Washington, LT Clark Poling, tions we ask in Jesus’ name. Amen. Virginia participate in the opening of a Methodist, one of Jewish faith, one of today’s session as the Chaplain. It is Catholic faith, and one of the Dutch f my honor and privilege to join others Reform Church, respectively—quickly PLEDGE OF ALLEGIANCE this morning. My colleague, Mr. spread through the ship to tend to the The Honorable DANIEL K. AKAKA led ALLEN, was here, and Senator REID par- wounded and dying, to comfort those the Pledge of Allegiance, as follows: ticipated in introducing Dr. David Rus- able to attempt survival in the icy arc- I pledge allegiance to the Flag of the sell. tic water. They died together, going United States of America, and to the Repub- Dr. Russell hails from Spotsylvania, down with the ship, after giving their lic for which it stands, one nation under God, VA, and is pastor of the Cornerstone lifejackets to other members of the indivisible, with liberty and justice for all. Baptist Church in Falmouth, VA, a crew. Of the 902 service persons aboard f community of just over 3,600 outside that merchant seaman ship and civil- Fredericksburg. He served in the Ko- ian workers on that ship, 672 died, 230 APPOINTMENT OF ACTING rean war, as did I, and he served in the survived. PRESIDENT PRO TEMPORE U.S. Air Force from 1949 until 1952. It is President Truman was the Com- The PRESIDING OFFICER. The interesting that our periods over- mander in Chief under whom the dis- clerk will please read a communication lapped. I served in the Marines in tinguished guest today and I served in to the Senate from the President pro Korea in the fall of 1951 until the the Korean war, and indeed in my brief tempore (Mr. BYRD). spring of 1952. service at the conclusion of World War

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

S1799

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VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1800 CONGRESSIONAL RECORD — SENATE March 13, 2002 II when I served in the Navy, he was At 11:30, the Senate will resume con- important for our quality of life, for Commander in Chief at that time. In sideration of the Levin CAFE amend- our competitiveness as a nation. It is his dedication speech, in 1951, in a me- ment, with 20 minutes of closing debate also very important for providing good- morial to these four brave men, he prior to a vote in relation to the paying jobs for Americans. said: amendment. Technology improvements benefit This interfaith shrine will stand through Following disposition of the Levin our lives and our businesses and our long generations to teach Americans that as amendment, Senator MILLER will offer competitiveness in many ways. For ex- men can die heroically as brothers, so should his amendment regarding pickup ample, in manufacturing, it allows they live together in mutual faith and good trucks, with 10 minutes of debate prior manufacturers to manufacture what- will. to a vote in relation to that amend- ever the good or product is, more effi- These words are as important today ment. ciently, with greater quality, with less as they were 51 years ago. The Senate Following disposition of the Miller waste, and fewer toxins. In a distribu- is indeed privileged to have this distin- amendment, Senators KERRY or SNOWE tion center, if you went to a Dollar guished American before us today. or their designees will be recognized to Tree or a Family Dollar or Dollar Gen- This has been an unusual week for offer an amendment regarding CAFE. eral distribution center, you would see me in the sense that on Monday I at- We hope to dispose of all the matters how they use technology to pick dif- tended the funeral services at Arling- of fuel efficiency regarding motor vehi- ferent items for their various stores ton of Corporal Matthew Commons, cles today. We hope we can move on to and then loading them on trucks. U.S. Army, Company A, 1st Battalion, Technological improvements help other important matters on this bill. 75th Ranger Regiment, who lost his life our communications systems within As was spoken on the floor yesterday, just a few days ago in Operation Ana- our country. It also helps education op- the majority leader intends to finish conda in Afghanistan. Last night, I de- portunities, life sciences, and biologi- this bill by next Friday. During that livered a eulogy on behalf of an old cal advancements that are allowing period of time, we also have to dispose friend in Virginia, an African American people to lead better, healthier, longer of the campaign finance bill. There is a who served aboard the carrier Yorktown lives. It can help in law enforcement lot to do. We would ask those Senators and was in 11 major engagements in and coordination of law enforcement World War II. His name was Richard who have amendments dealing with efforts at the State, local, and national Hall. He worked with me down in Vir- this important energy legislation to level. And it can provide for a better ginia for these many years, and was a come and offer them because that time transportation system with smart dearly beloved friend. may run out quicker than they think. roads and smart cars, and the concept In the last 2 weeks, America experi- f of telecommunicating, teleworking, al- enced approximately nine deaths in Op- RESERVATION OF LEADER TIME lowing people to have a better quality eration Anaconda. But I reflected last of life while not having to fight traffic The ACTING PRESIDENT pro tem- night, as I do briefly this morning, on every day and have more time with pore. Under the previous order, the the history of two battles which took their families. place 70-some-odd years ago. Let’s see, leadership time is reserved. It improves in so many ways our it was 16 December 1944 to 19 January f quality of life, our efficiency, and also 1945—the Battle of the Bulge. I men- MORNING BUSINESS our environment. On the high-tech tion this because we, the United task force, in addition to myself, I am The ACTING PRESIDENT pro tem- States, suffered about 41,000 casualties joined on the task force by Senators pore. Under the previous order, there in that battle: Killed in action, 4,000; ALLARD, BENNETT, BROWNBACK, BURNS, will now be a period for the transaction wounded, 20,000; missing, 17,000; all oc- COLLINS, KAY BAILEY HUTCHISON, EN- of morning business not to extend be- curring in 35 days of fighting. That was SIGN, SESSIONS, and GORDON SMITH, as in Europe. yond the hour of 9:30 a.m., with the well as ex officio members who are the In the Pacific, where Richard Hall time to be under the control of the ranking members of the various impor- served in so many conflicts, the Battle Senator from Virginia, Mr. ALLEN. tant committees that deal with tech- of Iwo Jima was fought over 36 days f nology, including the Armed Services from 19 February to 26 March 1945. I re- HIGH-TECH TASK FORCE Committee with JOHN WARNER, Bank- mind America we had 26,000 casualties: ing Committee, PHIL GRAMM; Senator Mr. ALLEN. Mr. President, I rise this Killed in action, 6,800; wounded, 19,200. MCCAIN of Commerce; Senator GRASS- morning to speak about the Senate Re- I also remind America of the enormous LEY of Finance, and Senator ORRIN publican high-tech task force. Today is service these men and women have HATCH, a great leader of our Judiciary an important day for our high-tech given this Nation. Today we can stand Committee. and share in the freedom provided by task force, as we are unveiling our pol- We had many accomplishments last the members of our Armed Forces. This icy agenda and principles for the up- year. The education bill was an impor- freedom is predicated on the sacrifices, coming session and the rest of the tant one. No child left behind. Edu- be it by CPL Matthew Commons 10 year. cation is the key—making sure we days ago, or in those two battles of First, I express my gratitude to Sen- have a capable population in our coun- World War II. We must be ever mindful ator REID and Senator DASCHLE for al- try so youngsters can seize the oppor- of the service of men and women in the lowing us this half hour of time to ad- tunities not just of the silicon domin- Armed Forces throughout our history dress our colleagues on the very impor- ion of Virginia, but technology jobs all that makes possible our life today. tant issue of technology and the policy across the country. That was a very I thank my colleagues for this oppor- issues that we have faced, are facing, important bill. The clean 2-year exten- tunity to address the Senate. and will face this year. sion of the Internet access tax morato- The purpose of the high-tech task f rium was important. I don’t think force is to advise Republican leadership there should be access taxes on the SCHEDULE and, hopefully, others on the other side Internet, but we were able to get a 2- Mr. REID. Mr. President, this morn- of the aisle on issues important to the year extension to prevent Internet ing the Senate will be in a period of technology community. We look at taxes, which would only exacerbate the morning business until 9:30. The time ourselves as a portal to the technology digital divide. until 9:30 is under the control of Sen- innovators and entrepreneurs to get We also passed the Export Adminis- ator ALLEN of Virginia. their ideas and messages to the Senate tration Act in the Senate. We updated At 9:30, the Senate will resume con- so that we are well informed as to the those laws so computers can be sold sideration of the energy reform bill. impact of any potential changes in from this country as opposed to other There will be debate only until 11:30 in laws, or there may be laws that are countries getting them from France, relation to ethanol. That time will be outdated and need to be updated or up- Germany, or Japan. We can compete. under the control of Senator NELSON of graded. The House has a different view. Nebraska and Senator BOND of Mis- The advancement of technology in There was a proposed merger of souri or their designees. the United States is important. It is ASML, a Dutch company, with SBG,

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1801 which is a Silicon Valley group. The only benefit our country, but it would liance, TechNet, and ACT be printed in importance of this was helping with increase the standard of living for the RECORD. the next generation of microchips. those who tear down those barriers so There being no objection, the mate- ASML has the extreme ultraviolet li- that their citizenry can have the op- rial was ordered to be printed in the thography tools which are important portunities of advanced technology for RECORD, as follows: for the smaller geometries on their quality of life, a better environ- ITAA LAUDS HIGH TECH TASK FORCE AGENDA microchips. ment, and more opportunities. So we ARLINGTON, VA.—The information Tech- We were able to advocate appropria- are going to continue to advocate trade nology Association of America (ITTA) today tions of additional funds for justice for promotion authority. We will also con- praised the Senate Republican High Tech anti-piracy prosecution. Intellectual tinue working to protect Internet secu- Task Force as the group kicked off its 2002 property rights is very important, and rity, and we will continue combating agenda on Capitol Hill. we need to enforce those. We also terrorism. ‘‘We look forward to working with the Re- turned back efforts to change the cur- To that end, we are going to seek ad- publican High Tech Task Force as well as rent encryption export rules—again, vancement of the Bennett-Kyl legisla- Democrats in the Senate to achieve sound policy that will allow the high tech industry very important. tion to allow information sharing be- to once again become the engine of our U.S. Now, for the upcoming session, one of tween private companies and the Gov- economy,’’ said ITTA President Harris N. the successes was the 3-year, 30-percent ernment by codifying a limited Free- Miller, adding ‘‘Last week’s passage of the bonus depreciation measure, which was dom of Information Act exemption. Economic Stimulus legislation on a bipar- finally passed last Friday as part of the We are going to support the Bush ad- tisan basis showed that the HTTF, under economic stimulus bill. That is impor- ministration’s budget, as far as funding Senator Allen’s leadership, reaching across tant for all businesses, but especially for cyber-security issues. We are going the aisle can accomplish great objectives for the technology community so busi- to continue working to safeguard copy- the IT industry.’’ nesses can upgrade their technology ‘‘In 2001, we worked on a bipartisan basis rights in the digital age. That is very to support passage of key tech related bills and other equipment. Senator GORDON important. The private sector needs to such as the extension of the Internet tax SMITH was the lead for our high-tech work together with a variety of compa- moratorium and education reform,’’ Miller task force in getting that accomplish- nies to do it, rather than worry about continued. ‘‘This year, Trade Promotion Au- ment, which will help stimulate the an inept Federal Government dictating thority and improving information security economy, save and create more jobs. standards in that regard. are some of ITAA’s top priorities, so we are Now, the agenda is really one based We are going to continue promoting gratified to see them also topping the HTTF on principles. The principles we have education and technology in a variety agenda.’’ this year are the same as last. We have of ways. There are some good ideas The Information Technology Association of America (ITTA) provides global public added a few issues that have arisen re- that we are supporting—particularly, policy, business networking, and national cently. We want a Federal Tax Code the President in his effort on edu- leadership to promote the continued rapid that is appropriate for the 21st cen- cation, proposing that families of stu- growth of the IT industry. ITAA consists of tury. That means several different dents who are in failing schools get a over 500 corporate members throughout the things. We want to, No. 1, continue tax credit. A $2,500 tax credit could go U.S., and a global network of 47 countries’ IT working to make the research and de- toward purchasing computers, periph- associates. The Association plays the leading velopment tax credit permanent. erals, books, and also tuition. Person- role in issues of IT industry concern includ- Secondly, we want to accelerate and ally, I am for a tax credit focusing on ing information security, taxes and finance reform the depreciation schedules for policy, digital intellectual property protec- computers and peripherals, educational tion, telecommunications competition, technology equipment. We also want to software and tutoring. It should not workforce and education, immigration, on- encourage capital formation for small just be for kids in failing schools, but line privacy and consumer protection, gov- technology companies. And also of re- for all schools, in order to bridge the ernment IT procurement, human resources cent importance we are going to work digital divide. and e-commerce policy. ITAA members to preserve the current tax treatment We are going to work to expand range from the smallest IT start-ups to in- for stock options. broadband technologies. The Patent dustry leaders in the Internet, software, IT Just yesterday, the high-tech task and Trademark Office funding is im- services, ASP, digital content, systems inte- gration, telecommunications, and enterprise force urged Leaders DASCHLE and LOTT portant. Those fees ought to go to the solution fields. to oppose any effort to consider S. 1940, Patent and Trademark Office and which is a bill to require above-the-line should not be diverted to other efforts. ITI APPLAUDS SENATE REPUBLICAN TASK expensing of stock options. Not to get We want to keep government out of FORCE AGENDA, RECENT LEGISLATIVE AC- into all the minutia of tax laws, but competition with e-commerce busi- COMPLISHMENTS the fact is, passage of such legislation nesses. WASHINGTON, DC.—The Information Tech- would dramatically deter companies Digital decency. We are for it. We nology Industry Council (ITI) applauds the from providing rank and file employees want the private sector to look at ways Senate Republican High-Tech Task Force for with stock options, and they are an im- to put in a filter so people can enjoy its 2002 agenda and its work securing passage portant part of compensation. That the Internet as they see fit, as opposed of key legislative initiatives during the past proposal will certainly be harmful for year. to the government censoring it. ‘‘We are pleased to support the Task technology companies. In the area of legal reform, there are Force’s agenda and would like to thank them We also are going to work to enhance several areas—especially class actions. for their work last year to secure passage of free trade, in that it is important for We have these class action lawsuits legislation vital to the IT industry,’’ said opening up fair and free trade. We will filed all over the country. The diver- Rhett Dawson, President of ITI. open up new markets for our tech- sity of that jurisdiction, at the option ‘‘The 30 percent bonus depreciation provi- nology and our services. One must rec- of the defendant, ought to be more eas- sion in the stimulus bill, Senate passage of ognize that, while computers are fairly ily removed to Federal court to get a education reform legislation, and the two- prevalent in this country, they are not year moratorium on Internet access taxes better, more expedited and fair judg- were key victories for the IT industry. The all that prevalent in the rest of the ment. work of the Task Force was key to achieving world. Nearly half of the people in the Also, spectrum reform is very impor- these goals. We look forward to a productive world have yet to make their first tele- tant, particularly in rural areas. I am 2002 in which the Senate passes Trade Pro- phone call. Only about 2 percent of the going to yield in a minute to the Sen- motion Authority and other important world’s population has a computer. ator from Montana. pieces of legislation.’’ That tells us there are great opportuni- Before I do that, I ask unanimous ITI represents the leading U.S. providers of ties for our technologies, as well as consent that endorsements of these information technology products and serv- construction equipment, and so forth, policy principles and ideas by the In- ices. ITI member companies employ more than 1 million people in the United States all over the world; and tearing down formation Technology Association of and exceeded $668 billion in worldwide reve- barriers will help our jobs in this coun- America, Information Technology In- nues in 2002. try and our technological advance- dustry Council, the Business Software The High-Tech Voting Guide is used to ITI ments to continue. Also, it would not Alliances, the Electronic Industries Al- to measure Members of Congress’ support for

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1802 CONGRESSIONAL RECORD — SENATE March 13, 2002 the information technology industry and hard to help secure successful completion of With the technology industry teetering on policies that ensure the success of the digital their 2002 agenda, which mirrors many of our the edge of recession, there were several crit- economy. At the end of the 107th Congress, priority issues, including passage of Trade ical policy decisions for small entrepre- key votes will be compiled and analyzed to Promotion Authority. neurial technology companies in 2001. assign a ‘‘score’’ to every Member of Con- ‘‘Granting Trade Promotion Authority has Thankfully, the HTTF was hard at work on gress. consistently been a priority for the tech- behalf of the industry. The HTTF was instru- ITI member companies include Agilent nology industry. In 2000, more than one-third mental in securing a two year extension to Technologies, Amazon.com, AOL Time War- of what the U.S. electronics industry pro- Internet tax ban, the Export Authorization ner, Apple Computer, Canon U.S.A., Cisco, duced was exported overseas—over $200 bil- Administration Act and a new 3 year, 30 per- Compaq, Corning, Dell, Eastman Kodak, lion in goods. This means more than one- cent accelerated depreciation schedule for EMC, Hewlett-Packard, IBM, Intel, third of the 1.8 million employees who work technology equipment. The HTTF was also Lexmark, Microsoft, Motorola, National for U.S. electronics companies depend on ex- an important force in thwarting efforts to Semiconductor, NCR, Panasonic, Siebel, Sie- ports for their jobs. International trade and restrict export rules for encryption that mens, SGI, Sony, StorageTek, Sun Micro- access to foreign markets are critical to our would have been disastrous to software com- systems, Symbol Technologies, Tektronix continued success. We look forward to work- panies, e-commerce and privacy. and Unisys. ing with the High Tech Task Force in ensur- The HTTF technology agenda announced ing the quick passage of Trade Promotion today demonstrates that their continued BUSINESS SOFTWARE ALLIANCE APPLAUDS AG- Authority in 2002.’’ commitment to providing entrepreneurial GRESSIVE AGENDA PROPOSED BY SENATE RE- The Electronic Industries Alliance (EIA) is technology companies with the ability to PUBLICAN HIGH TECH TASK FORCE a national trade organization that includes succeed. ACT is especially excited by HTTF’s WASHINGTON, DC, Mar. 13.—The Business the full spectrum of U.S. manufacturers, rep- goals for issues such as protecting privacy, Software Alliance (BSA) today commended resenting more than 80% of the $550 billion educating a workforce for the 21st century, the Senate Republican High Tech Task Force electronics industry. The Alliance is a part- expanding free trade and updating our na- following its release of an aggressive agenda nership of electronic and high tech associa- tion’s tax code to reflect the realities of the for the 108th Congress aimed at benefiting tion and companies whose mission is pro- New Economy. the technology industry. moting the market development and com- ‘‘The Republican Senate High Tech Task ‘‘The technology industry serves as a pri- petitiveness of the U.S. high tech industry Force has been a powerful ally for entrepre- mary engine for the U.S. economy, and the through domestic and international policy neurial technology companies. ACT looks Senate Republican High Tech Task Force de- efforts. EIA, headquartered in Arlington, forward to working the issues that will be serves significant credit in laying out a Virginia, is comprised of more than 2,300 critical to ensuring the continued success of clear, pro-growth agenda,’’ said Robert member companies whose products and serv- the American technology industry,’’ said Holleyman. BSA’s President and CEO. ‘‘As ices range from the smallest electronic com- ACT President Jonathan Zuck. the nation moves toward a more positive ponents to the most complex systems, used ACT is a national education and advocacy economic outlook, it is more important than by defense, space and industry, including the group for the technology industry. Rep- ever to focus Congress’ attention on legisla- full range of consumer electronic products. resenting mostly small- and mid-size compa- tive initiatives that will secure sustained The industry provides more than two million nies, ACT is the industry’s strongest voice growth, create jobs, enforce strong intellec- jobs for American workers. when it comes to preserving competition and tual property protection, promote strong se- innovation in the high tech sector. ACT’s TECHNET APPLAUDS SENATE REPUBLICAN curity and spur innovation. The agenda put membership includes businesses involved in HIGH TECH TASK FORCE’S AGENDA FOR 2002 forth today mirrors many of BSA’s own pol- all aspects of the IT sector including com- icy objectives and serves as a coherent blue- PALO ALTO, CA.—The Technology Network puter software and hardware development, print to achieve our shared goals.’’ (TechNet), a national network of high-tech IT consulting and training, dot-coms. ‘‘The Senate Republican High Tech Task and bio-tech CEOs, today praised the Senate Force has served as a vocal and influential Republican High Tech Task Force for releas- Mr. ALLEN. I now yield to the Sen- legislative champion on policy issues of crit- ing an agenda that is long on innovation and ator from Montana, Mr. BURNS, who ical importance to the high tech industry. economic growth and short on government has been a strong and knowledgeable We look forward to continuing the partner- regulation. advocate and leader of improving tech- ship we have established with the Task ‘‘The Republican High Tech Task Force is nology. The Commonwealth of Virginia Force and making these goals legislative re- an important portal for our industry, and has rural areas, but not as many as TechNet in particular,’’ said Rick White, alities,’’ continued Holleyman. Montana. One of the ways that rural Last year, BSA joined the Republican High CEO of TechNet. ‘‘The agenda they have laid Tech Task Force in promoting number of out is consistent with our efforts to spur areas, whether out West, or in the successful legislative programs. Key legisla- broadband deployment, expand free trade, South, or in Hawaii, can benefit from tive achievements included: and minimize the government’s involvement technology and communication is with An appropriations increase for anti-piracy in the technology industry.’’ leadership of people such as Senator prosecutions; ‘‘In particular, we appreciate the leader- BURNS. ship the Task Force has shown in opposing The three-year, 30-percent accelerated de- I yield to Senator BURNS. any effort to require companies to expense preciation; The ACTING PRESIDENT pro tem- A two-year extension of the Internet Tax stock options,’’ continued White. ‘‘This issue moratortium; is vital to the long term success and sta- pore. The distinguished Senator from President Bush’s Education Reform Act; bility of our industry.’’ Montana is recognized. and TechNet represents 235 technology and bio- Mr. BURNS. I thank my good friend Maintaining current encryption export tech companies nationwide. The group is fo- from Virginia. The Senator from Vir- rules. cused on four key issues: making broadband ginia has rural areas; we have frontier ubiquitous by the end of the decade; passing areas. That kind of draws a distinction. EIA APPLAUDS 2001 ACCOMPLISHMENTS OF bi-partisan trade promotion authority legis- I think the Senator from Virginia has SENATE REPUBLICAN HIGH-TECH TASK lation; strengthening our education system; FORCE; LOOKS FORWARD TO CONTINUED LEG- and keeping stock options free from being picked up a big part of the responsi- ISLATIVE SUCCESSES IN 2002 expensed as cash. bility of furthering the agenda of high ARLINGTON, VA.—Dave McCurdy, President Last week TechNet brought 30 CEOs to technology because our States do have of the Electronic Industries Alliance (EIA) Washington, DC for a series of meetings with a lot of similarity, such as in distance today thanked the Senate Republican High- congressional leaders. The group spent time learning and telemedicine. These areas Tech Task Force for their 2001 legislative ac- with Senator George Allen and other mem- are isolated by mountains, where com- complishments and applauded the rollout of bers of the Senate Republican High Tech munications and the free flow of infor- their 2002 agenda. Task Force—discussing issues key to the McCurdy said: ‘‘Thank Senate Republican growth of the technology industry. mation have eluded people. Of course, High-Tech Task Force has worked closely with that in mind, I think he has with the high-tech industry to outline tech- ACT COMMENDS WORK OF SENATE REPUBLICAN picked up on what he wants to do with nology priorities during each legislative ses- HIGH TECH TASK FORCE ON BEHALF OF EN- his State of Virginia, so that not only sion. Their involvement and advocacy of TREPRENEURIAL TECH COMPANIES Northern Virginia benefits from re- issues critical to our industry resulted in WASHINGTON, DC.—On behalf of its three search and development but the ad- major legislative accomplishments in 2001, thousand small- and mid-size high tech vancement of the information age, and including Senate passage of the Export Au- member companies, the Association for Com- also that the rest of the State can par- thorization Administration Act and passage petitive Technology (ACT) today commended of a 3-year, 30 percent accelerated deprecia- the work of the Senate Republican High ticipate in it as well. tion provision. Tech Task Force (HTTF) in the 107th Con- If you look at my State of Montana, ‘‘We look forward to the continued success gress and applauded its commitment to key you see we have similar challenges of the High Tech Task Force. EIA will work issues for this session. ahead of us. I congratulate Senator

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1803 ALLEN for his fine work. He has done a We passed a bill in the last Congress Mr. ALLEN. Mr. President, I thank marvelous job chairing this high-tech that is revolutionizing the cell phone the Senator from Montana for his elo- task force. Under his leadership, we industry. For the first time, we made quent remarks, his strong leadership, were able to aid in some victories last 911 the national emergency number. and his understanding that with free- year, including the extension of the Now, with new technology, one can dial dom come innovation and improve- Internet tax moratorium for 2 years 911 on a cell phone and reach the near- ments in our lives. and the inclusion of an enhanced depre- est first responder. Before, in the cell I now yield to Senator BENNETT of ciation provision in the stimulus pack- phone industry, if one dialed 911, they Utah who was chairman of this task age that the President just signed. were apt to get anybody anywhere. The force previous to me but is still a lead- Senator ALLEN went over the list calls now go into the nearest commu- er on our task force and someone who that pretty well sets our priorities, and nications center that can handle an is greatly respected in the area of tech- not necessarily in that order; they are emergency. nology and, as I mentioned earlier, he all very important. Another topic that will prove of ut- has provided the key leadership in the I am a member of the Internet cau- most importance to critical infrastruc- Senate on cyber-security. cus, which is a bipartisan group. This ture is the operation of a shadowy or- I yield to the Senator from Utah, Mr. year in our opening reception we had ganization known as the Internet Cor- BENNETT. over 40 exhibitors. Senator ALLEN poration for Names and Numbers, com- The ACTING PRESIDENT pro tem- came. Approximately 1,000 people at- monly known as ICANN. The formation pore. The Senator from Utah is recog- tended that reception. The free flow of of ICANN originated with the so-called nized for 1 minute. information has become very impor- green and white papers of the Clinton Mr. BENNETT. I thank the Chair. tant. administration in 1998 that proposed Mr. President, my plea is very simple I want to go over a couple of points. the delegation of control of the domain and can be stated in 1 minute: We I gave a lot of speeches before I ever name system from the Commerce De- must, in the words of Abraham Lin- came to the Senate saying there have partment to an entirely new organiza- coln, think anew and act anew, recog- been three interventions that have tion which would be a new, not-for- nizing that in the cyber-age, many of changed our whole way of life. It has profit corporation formed by private the attitudes we have had about war- really brought the size of our planet sector Internet stakeholders. fare, about vulnerability, about oppor- down considerably. First is the jet en- The Clinton administration further tunity have to be thought through en- gine, second is the transistor, and third proposed that the U.S. Government tirely differently. is the silicon chip. In a matter of should end its role in the Internet If we can understand that and put hours, we can be anywhere in the numbers and names address system. aside some of our old prejudices and old world. We can in 5 seconds exchange Soon thereafter, ICANN was created ideas about technology and about regu- ideas visually and audibly anywhere in and the Commerce Department began lation, we will be on the road to the the world, whether it be land line or to delegate the functions of the Inter- prosperity and security we need. If we through space. The silicon chip has net domain name system to it. cling to the old ideas, the old para- sped up the way we handle informa- In the eyes of many critics, this dele- digms with respect to information tion. It has changed our life forever. gation has happened far too swiftly. sharing and antitrust activities, we are This planet is smaller because of those While ICANN is supposed to function in for serious trouble. inventions. by consensus of the Internet commu- So in 1 minute, that is my message. Look at what has happened since. As nity, its operation has often been con- Let us think anew, let us act anew, and the information age came upon us, we troversial and shrouded in mystery. let us recognize the technological age realized as far back as 1989 and 1990, Recently, even the President of ICANN, has changed everything. when I first came to the Senate, that Stuart Lynn, admitted publicly the or- I yield the floor. the policies that guided the infrastruc- ganization is not working and needs to Mr. ENSIGN. Mr. President. I rise ture for that flow of information were undergo comprehensive structural re- today to briefly speak about the impor- passed in 1934. We soon understood that form because it is losing sight of effec- tance of technology to our economy some policy changes were going to tiveness in accomplishing our real mis- and our way of life. have to take place before we could see sion. Just think about how technology has gigantic moves or an extension of the Taking into account that the ICANN changed our lives over the past few way we were to deal with the free flow mission is ensuring the stable and se- decades. Not so long ago, documents of information. As a result, it only cure management of the Internet do- could only be sent through the mail, took 6 years to pass the Telco Act of main system, I am extremely con- computers were enormous metal boxes 1996 because we were trying to set pol- cerned at these developments which with limited functionality, and the icy for technologies that went way be- are so critical to our national security. Internet—although it had been in- yond what was thought in 1935. In another area, to make the Inter- vented—was neither user friendly nor The free flow of information is de- net more responsible and make it re- accessible. When I was growing up, mocracy. We all base our decisions on spond to the users, to give the users the information we get. As long as it is confidence in this system, we have to watching television meant the handful a free flow of information, a free flow look at spamming. Spamming is the re- of network channels we could get from of ideas, our democracy and our Repub- ceiving of unwanted junk mail. I do not an antenna on the roof; and when our lic will remain strong and people will know of a time on my address anyway car broke down we’d have to hitch hike participate in the political arena. Free- that I have received more spam than I to the next gas station or pay phone to dom equals opportunity, but it is also am right now. It is a lot more than call for help. It’s hard to believe that held together by an ingredient called when I was in the U.S. Marine Corps, I for my three young children, those are responsibility. can tell you that. The irresponsible use things of the past. They’re used to cell We were not finished looking at the of spamming by marketers cannot be phones and cable TV. policies before we got the Internet, this tolerated. To ensure the free flow of in- We now live in a world where tech- great infrastructure of information. We formation and confidence in this sys- nology represents one of the largest have to take a look at the insurance to tem, we have to take a look at privacy. and fastest growing sectors of our be sure we have sound organizations as Those are the areas we should be fo- economy. Technology employs millions the gatekeepers. cusing on now in order to let this great of Americans and was largely respon- Specifically, before we can look at technology be a workhorse for us. sible for the tremendous economic ex- the complex area of comprehensive I thank the chairman of the high- pansion from 1994 to 2000. Technology spectrum reform, we should keep in tech task force. I applaud him for his certainly helped fuel the growth of my mind the vital nature of spectrum to leadership in taking on this great re- State’s economy. According to the U.S. those on the front line of homeland de- sponsibility. I yield the floor. Department of Commerce, Nevada is fense, our first responders: The police, The ACTING PRESIDENT pro tem- second in the Nation for net creation of fire, medical, public health, and other pore. The Senator from Virginia is rec- high-tech businesses. And I strongly emergency response agencies. ognized. encourage that growth because those

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1804 CONGRESSIONAL RECORD — SENATE March 13, 2002 businesses paid my constituents over U.S. tax revenue. It is clear that the Oregon, as many of you know, had an $1.3 billion in wages. practice of piracy must be stopped. If unemployment rate of 8 percent in Jan- Advances in technology have made not, the American economy will con- uary, well above the national average. our personal lives easier and our pro- tinue to suffer and we will lag behind The stimulus package included a fessional lives more productive. Speed other nations in technology innova- much-needed unemployment benefit bumps in the communication process tions. We must aggressively protect extension, one that Oregon had already have been eliminated and replaced with copyrighted works—both at home and qualified for because of its high unem- wireless phones and e-mail. Advances abroad—that will drive the economy of ployment rate. in technology and the Internet now tomorrow. The Commerce Committee But this stimulus package also in- allow me to visit regularly with my recently held a hearing on this impor- cluded real economic stimulus that I constituents in Nevada while I am tant issue, and I am aggressively work- believe will boost the Oregon economy. working in Washington through a real- ing with my colleagues to stop piracy Both this year and last I have had time video teleconferencing network. and bring a new level of protection to the privilege of introducing bonus de- Constituents of mine back in Nevada copyrighted works. preciation amendments to various eco- are able to listen to my remarks here Finally, Mr. President, we must en- nomic stimulus bills in an attempt to on the Senate floor by logging on to courage further advances in wireless actually stimulate business invest- my website. technology. In the last 10 years, wire- ment. Indeed, 10 years ago I would have less phone use has skyrocketed, and I did this because the current Tax never imagined technological advances over 132 million Americans now have a Code penalized businesses, especially such as these, and I am certain that cell phone. Prices have fallen and serv- the hi-tech sector, by forcing them to there will be more unforeseen break- ice quality has improved. Wireless has choose between either retaining out- throughs in the coming years. expanded beyond voice to include wire- dated equipment to fully recover their Although new technologies greatly less e-mail and text messaging, like by costs or foregoing full recovery in benefit American society, new issues Blackberry, which allows me to send order to stay abreast of the latest de- have arisen for legislators to address in and receive e-mail when I am on the velopment in the hi-tech fields. order for America to remain a world road. Businessmen, farmers, the hi-tech in- leader in technological innovation. We Overseas, next generation wireless dustry all benefit from accelerated de- must grapple with broadband deploy- technology, such as wireless video and preciation, and the impact on this Na- ment, copyright protection and en- Internet, have been deployed along tion’s economy will provide greater op- hanced wireless services if we want with many other exciting new services. portunities for jobs in my home State America to have a competitive advan- Unfortunately, the United States has of Oregon where the hi-tech sector is so tage. begun to lag behind other nations in of- critical to economic recovery. High-speed Internet access, or fering advanced wireless services. A Now we must take the next step in broadband, will drive the economy of number of issues—such as spectrum bolstering the hi-tech community by tomorrow and every American house- management, spectrum harmonization, making permanent the R&D tax credit. hold should have access to it at reason- and wireless security—demand our im- The R&D tax credit encourages in- able rates. I believe that broadband mediate attention in order to bring vestment in basic research that over Internet will serve as the foundation these exciting new services home. As a the long term can lead to the develop- for technological and communications member of the Senate Commerce Com- ment of new, cheaper, and better tech- advances in the future. According to mittee and Co-chair of the Internet nology products and services. Commerce Secretary Evans, broadband Caucus Wireless Task Force, I will con- Research and development is essen- is vital to America’s economy and will tinue to work with my colleagues in tial for long-term economic growth. In- produce over 1 million new American the Senate to reestablish the United novations in science and technology jobs and an additional $50 billion a year States as the global leader in wireless have fueled the massive economic ex- for our economy. The importance of technology. pansion we witnessed over the course this technology cannot be underesti- In conclusion, we have accomplished of the 20th century. mated, and surprisingly few Americans much over the past year on many tech- These advancement have improved have access to this service or subscribe nology issues. The Republican High the standard of living for nearly every to it due to its high cost and its lack of Tech Task Force has been an effective American. desirable content. While there are a voice for technology on Capitol Hill. Simply put, the research tax credit is number of legislative proposals cur- Members of the Task Force have an investment in economic growth, rently before the U.S. Senate which helped secure additional funding for new jobs, and important new products aim to increase broadband availability, the Patent and Trademark Office, en- and processes. this issue is far from resolved. courage greater copyright enforcement The R&D credit must be made perma- I am working with my colleagues on within the Department of Justice, and nent: This credit was originally en- the Senate Commerce Committee to provide tax incentives to stimulate acted in 1981, and has been temporarily address this important issue in a way business investment in technology in- extended many times. Permanent ex- that will level the regulatory playing frastructure. I look forward to another tension of long overdue. field for service providers, create in- productive year. Because this vital credit isn’t perma- centives for private investment in the Mr. SMITH of Oregon. Mr. President, nent, it offers business less value than networks, and preserve competition in as a member of the Senate High Tech it should. Business, unlike Congress, the marketplace. In short, instead of Task Force, HTTF, I am proud to must plan and budget in a multiyear rolling out the red tape on private in- speak about the importance of the hi- process. Scientific enterprise does not dustry, we should roll out the red car- tech sector, a sector of our economy fit neatly into calender or fiscal years. pet to allow competition in the fairest that has in the past been such an effec- Research and development projects manner possible. tive engine of growth in my State of typically take a number of years, and As more Americans subscribe to Oregon. may even last longer than a decade. broadband, private industry must work And it is this engine of growth that As our business leaders plan these cooperatively to ensure that copy- needs strengthening in order to help projects, they need to know whether or righted material is protected from pi- the Oregon economy grow. not they can count on this tax credit. racy. While America leads the world in I am so pleased that the President Current uncertainty surrounding the software, entertainment, and other signed into law last weekend an eco- credit has induced businesses to allo- kinds of intellectual property innova- nomic stimulus package that included cate significantly less to research than tion, piracy is on the rise and has both an extension of unemployment they otherwise would if they knew the taken a serious toll on our economy. In benefits and the bonus depreciation tax credit would be available in future 2000, piracy cost America an estimated changes that I and other members of years. 107,000 information technology jobs, the Task Force worked so hard to pass This uncertainty undermines the en- $5.3 billion in wages and $1.8 billion in in the Senate. tire purpose of the credit.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1805 Investment in R&D is important be- The PRESIDING OFFICER. Under ahead of us if we do not do something cause it spurs innovation and economic the previous order, the time until 11:30 significant now to change the direction growth: Information technology was a.m. shall be for debate only relative to in which we have been heading. responsible for more than one-third of ethanol. From the perspective of a Senator real economic growth in the late 1990s. Who yields time? from a farm State, and a former two- Information technology industries The Senator from Nebraska. time chair of the Governors’ Ethanol account for more than $500 billion of Mr. NELSON of Nebraska. Mr. Presi- Coalition, one of the most important the annual U.S. economy. R&D is wide- dent, for the next several minutes, I aspects of this landmark energy bill is ly seen as a cornerstone of techno- will speak about the renewable fuel the establishment of a 2-billion-gallon logical innovations, which in turn standard as part of the energy bill. For renewable fuel standard in 2004 that serves as a primary engine of long-term more than an hour, perhaps closer to 2 gradually grows to 5 billion gallons by economic growth. hours, my colleagues and I will be talk- 2012. Even if this approximate tripling This tax credit will result in higher ing about the importance of the renew- of the ethanol industry from today’s wages. Findings from a study con- able fuel standard as a part of the en- levels represents less than 4 percent of ducted by Coopers & Lybrand show ergy bill and as a part of our national the total projected U.S. motor fuels de- that workers in every State will ben- defense, as well as our economy, and mand over the next decade, it is a crit- efit from higher wages if the research for the environment. ical beginning of national importance. credit is made permanent. In the early days of the automobile, Enactment of this RFS, along with Payroll increases as a result of gains Henry Ford believed at first that the other provisions in this bill that em- in productivity stemming from the best source of power for the automobile phasize new sources of energy produc- credit have been estimated to exceed was with ethanol made from farm crops tion from renewables such as wind $60 billion over the next 12 years. and other renewable materials. It is in- power, as well as conservation to fur- Furthermore, greater productivity teresting to note, after a century of ther reduce our dependence upon for- from additional research and develop- domination by oil, that we have now eign sources of energy, will help us re- ment will increase overall economic come perhaps full circle to recognizing verse this 100-year-old reliance on fos- growth in every State in the Union. there is a place for ethanol and renew- sil fuels. It will not replace them, but Research and development is essential able fuels as part of the fuel standard it will help us reduce the amount of re- for long-term economic growth. in order to power the automobiles that liance. The tax credit is cost-effective: The we continue to drive some 100 years There is now a revolution driving R&D tax credit appears to be a cost-ef- later. American agriculture as surplus, low- fective policy instrument for increas- Ultimately, the power of oil interests value starch and oils are converted ing business R&D investment. Some re- led to policies that made oil king, with into high-value liquid fuels, with the cent studies suggest that one dollar of depletion allowances, foreign tax cred- proteins being fed locally so that the credit’s revenue cost leads to a one its, and naval convoys and armies dis- American taxpayers save money. Rural dollar increase in business R&D spend- patched to protect oilfields around the communities are reinvigorated. High- ing. world. Of course, the direct or indirect value, high-quality finished products Bonus depreciation and the R&D tax control of oil remains an American enter the export market and the Na- credit are but two of many issues that economic, diplomatic, political, and tion’s energy security and environment interest both the hi-tech sector and military priority. are dramatically improved. this Senator. While we have had, in fact, a petro- The Senate energy bill represents a While I am proud of the achievement leum age, it has ushered in many tech- historic step away from business as with the bonus depreciation I will con- nological advances. The industrialized usual in U.S. energy policy. Just as we tinue to work with hi-tech companies world’s love affair with oil has not been cannot export ourselves out of an agri- on the R&D tax credit and many other without costs. Dependence on imported cultural crisis, we also cannot drill issues to keep our economy running oil threatens our national and our en- ourselves out of our energy crisis. With strong, across this Nation and espe- ergy security, our economy, our jobs, the renewable fuel standards, it will no cially in my State of Oregon. our farmers and ranchers, our industry longer be a matter of whether or not f and our environment. Public policy de- there will be a biofuels industry to aug- cisions and discussions have continued ment our oil and auto industries. Rath- CONCLUSION OF MORNING that began nearly a century ago, er, it will be how fast can we advance BUSINESS launching upon a path which led us to these domestic renewable fuels? How The PRESIDING OFFICER (Mr. our current reliance on imported oil. do we enhance their environmental EDWARDS). Morning business is closed. Today we have a historic opportunity performance, reduce their costs, and f to begin the process of swinging back advance the technology to include the full circle, at least to some degree, in conversion of all forms of clean bio- NATIONAL LABORATORIES PART- our national energy policy. The energy mass into biofuels, biochemicals, and NERSHIP IMPROVEMENT ACT OF policy today embodied in this bill of- biopower? 2001 fers us a chance to realize the potential I am unabashedly proud of what my The PRESIDING OFFICER. Under that Henry Ford saw even then, and home State of Nebraska has accom- the previous order, the Senate will now that his successors managing Ford, plished. The formation of the National resume consideration of S. 517, which GM, and Chrysler are making possible Governors’ Ethanol Coalition was one the clerk will report. every time they produce an E–85 auto- of the most important steps. Nebraska The legislative clerk read as follows: mobile capable of running on 85-per- and several other Midwestern States A bill (S. 517) to authorize funding for the cent ethanol. More than 2 million of created this coalition that now rep- Department of Energy to enhance its mis- these so-called flexible fuel vehicles are resents 26 States and one U.S. terri- sion areas through technology transfer and on the road at this time. tory, as well as Brazil, Canada, Mexico, partnerships for fiscal years 2002 through Additionally, essentially all auto- and Sweden. 2006, and for other purposes. makers in the world produce cars that Since its formation in 1991, the Gov- Pending: run well on blends of ethanol, up to 10 ernors’ Ethanol Coalition has worked Daschle/Bingaman further modified percent, as well as those that will run to expand national and international amendment No. 2917, in the nature of a sub- up to 85 percent. We have the cars. Now markets for biofuels. I might add that stitute. we need the fuel. This bill provides the this Governors’ Ethanol Coalition in- Feinstein amendment No. 2989 (to amend- means in order to get it. cluded the current and the previous ment No. 2917), to provide regulatory over- The Energy Policy Act of 2002 will Presidents of the United States when sight over energy trading markets. Levin amendment No. 2997 (to amendment boost biofuels and biorefinery concepts they were Governors of the State of Ar- No. 2917), to provide alternative provisions to to realistically address oil import lev- kansas and the State of Texas. Within better encourage increased use of alternative els that have now surpassed the 56-per- the State of Nebraska during the pe- fueled and hybrid vehicles. cent mark, with ever higher levels riod of 1991 to 2001, seven ethanol

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1806 CONGRESSIONAL RECORD — SENATE March 13, 2002 plants were constructed and several of Last summer, Senator TIM JOHNSON In this bill, we have a consensus these facilities were expanded more and my colleague from Nebraska, Sen- agreement that has been crafted by the than once during the decade. I do not ator HAGEL, introduced legislation that leaders who brought the bill to the want to take full credit for that time- dealt with this very issue. Their hand floor, and with that agreement we will frame, but I want the record to reflect is felt throughout the bill. I congratu- triple the use of ethanol in the United it happened during my watch. late them and thank them for their ef- States over the next 10 years. In tri- Specific benefits of this national eth- forts. Senator Daschle’s and Senator pling it, it will not just help the eco- anol program in Nebraska include more LUGAR’s tireless efforts created a bill nomics of the farm bill, it will mean we than $1.2 billion in new capital invest- with broad consensus, taking shape in are going to have cleaner air in Amer- ment in ethanol processing plants, 1,005 the form we see today, the legislation ica, a better environment for America permanent jobs at the ethanol facili- before the Senate. They have taken an in its cities and its towns, and less de- ties, and over 5,000 induced jobs di- issue that could have been controver- pendence on foreign oil. That, to me, is rectly related to plant construction, sial and instead introduced a bill that a positive at three different levels. operation, and maintenance. The per- provides a wide-reaching blueprint for I salute all those responsible for it: manent jobs alone generate an annual future renewable energy goals. These the Renewable Fuels Association, Na- payroll of $44 million. More than 210 provisions are a direct result of their tional Corn Growers, American Petro- million bushels of corn and grain sor- leadership. I am honored to be a co- leum Industries, the American Farm ghum are processed at the plants annu- sponsor of this bill. Bureau, the Farmers Union, and so ally. Economists at Purdue University I personally take a moment to recog- many others. This really makes a dif- and the USDA estimate that the price nize and thank staff who have worked ference. of corn increases from 9.9 cents to 10 on this issue as well. They worked long As a result of this decision, we are cents per bushel for every 100 million hours to put the bill together. Their ef- going to see more ethanol blended with bushels of new demand. Local price forts are much appreciated. Eric gasoline. It is going to mean the ex- basis increases in Nebraska range from Washburn from Senator DASCHLE’s haust coming out of our tailpipes 5 cents to 15 cents, quite a stimulus for staff and the rest of the team are a real across America for years to come is agriculture in ethanol-producing areas. asset to Senator DASCHLE and have going to be less of a threat to the fami- These economic benefits and others been a tremendous help to me person- lies across America. When we face an have increased each year during the ally throughout this process. past decade due to plant expansion, I ask my colleagues to join me in epidemic of lung and respiratory dis- employment increases, and additional promoting new opportunities for the ease such as asthma and other prob- capital investment. technologies that will put our fuels and lems, it is essential we continue to If each State produces 10 percent of our world transportation fuels on solid, move forward with the use of this its own domestic renewable fuels, as sustainable, and environmentally en- clean-burning fuel. Nebraska does, America will have hancing ground. We owe it to our coun- I have been chairman of the House turned the corner and that noose of oil try now and to future generations to Alcohol Fuels Caucus and a member of import dependency and climate change pass this legislation. the Senate Alcohol Fuels Caucus. I can will begin to fade away. In the world of The PRESIDING OFFICER. Who tell you this is a great day. I salute all renewable biomass, there are no yields time? those who crafted this wonderful com- wastes, just feed stocks for other pro- Mr. NELSON of Nebraska. I yield promise which is going to really make duction systems, without the fossil- time to the distinguished Senator from a commitment. based toxins blocking the next biologi- Illinois. I think Senator NELSON alluded to cal step. Mr. DURBIN. I ask for 10 minutes. what will happen. Now that there is I ask my colleagues to take a new Mr. NELSON of Nebraska. That will some certainty this bill will be signed look at the opportunities offered by be fine. into law, you will have more and more RFS and grasp the full potential of the Mr. DURBIN. Mr. President, I thank ethanol production coming on line. biorefinery portions of this energy leg- the Senator from Nebraska for his And for my selfish reasons, for islation. These provisions are urgently leadership on this issue. Where we downstate Illinois, where our economy needed to increase our energy and our come from, ethanol is a big deal. It is is struggling with high unemployment national security, create new basic in- a big deal because we have a lot of corn and where we have more ethanol pro- dustries and quality jobs, reduce the growers, farmers who need to have a duced than anywhere in America, we vulnerability of our energy supplies, better price for their corn. They need want to see plants springing up, not enhance the environment, contribute increased demand for their sales in the just in Illinois but in Nebraska, Mis- United States and overseas, and we to the stabilization of greenhouse souri, Iowa, South and North Dakota— know the ethanol industry consumes gases, while improving America’s eco- wherever we can find the agricultural about 1 out of every 6 acres of corn nomic performance. Everyone gains feed stock to produce ethanol. We have across America. So as we increase the from this effort. the potential of creating good-paying This balanced and comprehensive demand for ethanol in America, we in- jobs and then to have the technology piece of legislation is the end result of crease the demand for corn, raising the from its source near the usage point the dedication of so many of my col- prices and helping our farmers to sus- that can help our economy all across leagues. It was not always easy to fore- tain their farm operations and to have the Midwest. see the day when biofuels and other re- less dependence on the Federal Govern- newable resources would be poised to ment from year to year. This is a terrific shot in the arm in be a major component of our national This is a major breakthrough. I sa- terms of the economy of the Midwest, energy policy. The farsightedness of a lute all those responsible for it: Sen- in terms of the environment of the Na- few has directly led to the creation and ator TOM DASCHLE, Senator JEFF tion. I salute all those who worked so wide acceptance of the bill before the BINGAMAN, Senator BEN NELSON of Ne- hard to make this a reality. Senate today. braska, as well as all those on the Re- The second half of my statement is The oil production versus imports publican side of the aisle. What has not as positive or optimistic or hope- chart shows the domestic oil produc- happened for the first time in 20 years ful, but I want to add it because I think tion peaked in 1970 and again in 1985 since I have been on Capitol Hill is that it is essential that we keep this and has continued to drop. The oil im- we finally have reached this moment achievement in perspective with what ports on the graph are shown to have where we have an agreement, an agree- we are about to do this morning in just expanded from 1950 to the point where ment between the ethanol producers— 2 hours on the floor of the Senate. they are more than 10 million barrels the corn growers, obviously—and the By every vote count that I have seen, per day, and the trend continues. We oil industry. This is a big breakthrough we are about to reject any significant must, in fact, support the growth of because this has been a pitched battle increase in fuel efficiency in auto- our own industry in the domestic pro- for two decades, with the oil companies mobiles and trucks across America as duction of fuels to power our energy doing everything they can to suppress part of this energy bill. The special in- needs. ethanol production. terests who have come to Capitol Hill

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1807 to fight off any improvement in fuel ef- I can tell you, quite frankly, that the braska, Senator NELSON. He has been a ficiency are about to score a big vic- Senate will bow down to the special in- leader on renewable fuels for many tory this morning. That is a sad com- terests this morning so that America years—long before he came to the Sen- mentary on the Senate and on our ef- has to bow down to OPEC for decades ate, when he served our State of Ne- forts to be honest in trying to find a to come. braska ably as its Governor for 8 years, way, at least, to move toward energy That is a sad commentary on the and for his leadership over those years. independence and energy security for Senate and this energy bill. He brings that leadership and experi- America. It is a triumph for these spe- It is naive for the American people to ence to this body in regard to not only cial interests. It is a defeat for the believe we can truly have energy secu- this issue but many others. American people. It is about to happen rity and independence if we don’t ad- I rise in support of the renewable in just 2 hours on the floor of this Sen- dress the efficiency of the vehicles we fuels standard included in the under- ate. drive. Approximately 40 percent of the lying bill. This legislation is important The opponents of increasing fuel effi- oil we are bringing up today from un- if we are to increase the market share ciency have no faith in the ability of derground is being used to fill our vehi- for renewable fuels, such as biodiesel, America’s creative genius to come up cles. By the year 2020, over 50 percent ethanol, and biogas from landfills and with better technology and better is going to be used for highway travel feedlots. science so we can have more fuel-effi- and for vehicles and trucks. If you do I, too, wish to recognize and thank cient vehicles. The opponents of this not address fuel efficiency, you are not other colleagues who have been very fuel efficiency standard have no faith dealing honestly with the question of important to this debate over many in the American people. They stand in America’s energy future. years, especially Senators GRASSLEY, the Chamber and say: We wouldn’t dare I can’t believe we are standing here LUGAR, DASCHLE, BOND, and in par- tell people they couldn’t buy bigger today to witness this on the floor of ticular, as Senator NELSON has stated, and fatter SUVs year after year. the Senate. But by every vote count Senator JOHNSON, who has been a I think more of the American people that I have seen, we are going to lose strong leader both during his tenure in understand we are at war against ter- big. The special interests are going to the House and here in the Senate, and, rorism; we are a nation at risk; we are come in and tell us there is no way of course, again, my colleague from Ne- dependent on foreign oil. These Amer- they can design an engine for fuel effi- braska, Senator NELSON. ican families and businesses are ready ciency. I don’t believe it. Frankly, I am Also, those groups that represent to participate, roll up their sleeves and embarrassed by the fact that most of many of the important interests of this help America move toward energy se- the good technology that is leading the country that were very involved in curity. To suggest we would not dare way in fuel efficiency and emissions bolting together a compromise for this ask them to consider buying a different has come from overseas automakers. section of the energy bill, as Senator vehicle 5 or 10 years from now is an af- We are better than that. American is DURBIN pointed out, should be recog- front to the unity which America has better than that. nized and thanked for their participa- shown since September 11. For the Senate to abandon any hope tion and their support in helping to de- Finally, it is a reflection on this Sen- that we can develop this technology is velop this section of the bill. ate, as well as the House of Representa- a sad commentary on this view of what During a recent stop to the Midwest, tives, for its failure to show leadership our potential is as a nation. For them President Bush proclaimed the promise on this critical issue. In 1975, this Con- to turn their backs on the fact that if of renewable fuels, saying, gress took a look at the average fuel we don’t have better fuel efficiency we Renewable fuels are gentle on the environ- economy of fleets across America at 14 are going to continue to be inde- ment, and they are made in America so they miles per gallon, brought together the pendent on foreign oil for decades to cannot be threatened by any foreign power. political courage despite the opposition come is, frankly, a tragic mistake. Ethanol and biofuels are fuels of the future of the Big Three in Detroit, and said in I sincerely hope that good numbers for this country. 10 years we are going to double fuel ef- about renewable fuel standards will be The President is right. Renewable ficiency in vehicles across America part of this ultimate legislation. I hope fuels afford us the opportunity to de- from 14 to 27.5 miles a gallon. even more that before the end of the velop energy, environmental and eco- We were told by the Big Three: it is morning hour we will see some courage nomic policies that work together. A impossible; we can’t do it. We will be in this Senate to stand up to the spe- renewable fuel standard would enhance selling vehicles people don’t want to cial interests, stand up to OPEC, and our environment, strengthen national buy. They will be kiddy cars and go- say we are truly going to move towards security, reduce our trade deficit, and carts—that is the only way to achieve energy security in this Nation. decrease our dependence on foreign oil. it, and you will drive businesses over- I yield the floor. Today, less than 1 percent of Amer- seas. The PRESIDING OFFICER (Mrs. ica’s transportation fuel comes from They were wrong then, and they are CLINTON). The Senator from Nebraska renewable sources. Under this energy wrong now. In over 10 years we doubled is recognized. bill, renewable fuel use would increase the fuel efficiency of vehicles across Mr. NELSON of Nebraska. Madam to approximately 3 percent of our total America. By 1985, we were at 27.5 miles President, it is my pleasure at this transportation fuel supply. This would per gallon. So what happened between point to yield the floor to the distin- more than triple the amount of renew- 1985 and today? In terms of increasing guished senior Senator from the State able fuel we now use. fuel efficiency, absolutely nothing. of Nebraska, my colleague, Mr. HAGEL. Today, America imports nearly 60 Nothing has been done by Congress or I welcome his support for ethanol. As a percent of the crude oil it consumes— by the industry in the United States to colleague, as a Nebraskan, and as Mem- estimated to climb as high as 70 per- produce automobiles and trucks that ber of this body, I congratulate him cent by 2020. are more fuel efficient. and Senator JOHNSON on their support Senator NELSON displayed a chart So we come today with a proposal of this very important bill. which I think very clearly indicates that over the next 12 or 13 years we will The PRESIDING OFFICER. The Sen- the danger this presents to our foreign increase fuel efficiency by 30 percent. ator from Nebraska. policy, to our interests, and to our geo- It is going to be rejected on the floor of Mr. HAGEL. Thank you, Madam political and strategic trade interests the Senate. That, to me, is shameful. It President. around the world, which now are, as we is shameful that we have reached the Madam President, I ask that I be know, interconnected. point where we have no faith in Amer- given 10 minutes of time from the Re- Almost a fourth of these imports ica’s technology, no faith in the people publican side. come from the Persian Gulf, where Iraq of this country to stand behind energy The PRESIDING OFFICER. The Sen- currently sells the United States be- security, and no faith in the ability of ator has that right. tween 600,000 and 1 million barrels of the Senate to show leadership at a Mr. HAGEL. I thank the Chair. oil a day. time when this country expects us to I first acknowledge the statements of This renewable fuel standard is a fair do so. my friend and colleague from Ne- and workable compromise based on

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1808 CONGRESSIONAL RECORD — SENATE March 13, 2002 months of work with the petroleum in- eral important national policy objec- tough national fuels issues has never dustry, the environmental community, tives. led me astray. DOE, USDA, and EPA. This is flexible The fuels provision establishes great- This agreement could not have been legislation—not a gallon-by-gallon er flexibility in the Nation’s gasoline fashioned without the leadership and mandate. It will not force a specific regulations, protects air quality and advocacy of Red Caveney, president of level of compliance in places where nearly triples the use of domestic, re- the American Petroleum Institute, Bob compliance may be difficult. newable fuels over the next 10 years. Dineen, president of the Renewable To guard against possible fuel short- And, significantly, it enjoys the sup- Fuels Association, Jason Grumet, ages, it permits the EPA Adminis- port of the ethanol industry, the oil in- former executive director of the North- trator, in consultation with USDA and dustry and environmental organiza- east States Coordinated Air Use Man- the Department of Energy, to adjust tions, three segments of society that agement Agency, Bruce Knight, presi- the renewable fuel requirement. have not always agreed on transpor- dent of the National Corn Growers As- To make this legislation even more tation fuels issues. sociation, Tom Buis, executive director flexible, refiners, blenders, and import- A number of organizations worked of the National Farmers Union, and ers will have access to a credit trading diligently to fashion this agreement Doug Durante, chairman of the Clean program—so those who use more re- and deserve a lion’s share of the credit Fuels Development Corporation. I am newable fuel can sell credits to other for its success. They include the Amer- deeply grateful for the hard work and refiners, blenders, and importers who ican Coalition for Ethanol, the Renew- focus of these dedicated individuals as fall short on meeting their require- able Fuels Association, the Governor’s well as for the valuable contribution of ments. Producers will not be penalized Ethanol Coalition, the National Farm- Todd Sneller, administrator of the Ne- if there are insufficient supplies of re- ers Union, the Farm Bureau, the Na- braska Ethanol Board, Larry Pearce, newable fuel. Finally, small refiners tional Corn Growers Association, the director of the Nebraska Energy Office, will be exempt from their requirements American Corn Growers Association, and Bill Holmberg, an original foot sol- established by this program. the American Petroleum Institute, the ider in our 20 year campaign to pro- In the wake of September 11, Amer- Northeast States Coordinated Air Use mote the use of renewable fuels in ica and the rest of the free world face Management Agency, the Clean Fuels America. dramatic new challenges. Energy inde- Development Coalition and the Amer- Senators TIM JOHNSON and CHUCK pendence is one of the most serious of ican Lung Association. It is indeed tes- HAGEL deserve enormous credit for leg- these challenges. tament to the spirit of compromise in islation they introduced to establish a Our Nation needs a broader, deeper, the U.S. Senate that all these groups very ambitious renewable fuels stand- and more diverse energy portfolio—one representing often divergent constitu- ard, and for their tireless work in pro- that ensures we have clean, reliable, encies and interests can come together moting this concept. And there are and affordable domestic sources of en- to create a product that benefits all. many others BEN NELSON, TOM HARKIN, ergy. Expanding the market for renew- While these groups came to the nego- CHUCK GRASSLEY, MARK DAYTON, PAUL able fuels is a modest, but significant tiating table with the interests of their WELLSTONE, MAX BAUCUS, DICK DURBIN, part of the solution. To enhance na- members firmly in mind, they also un- KIT BOND, and others—who also deserve tional energy security and improve en- derstood that the fuels component of recognition for the progress we have vironmental quality, we need a reason- any viable energy strategy must serve made on this issue. Senator NELSON, able renewable fuel standard. As Presi- a variety of national goals. Without for example, has, at my request, taken dent Bush said, ethanol, biodiesel, and their embrace of this far-sighted ap- on the responsibility of managing this other biofuels are the fuels of the fu- proach, this balanced agreement would debate on the fuels provision. ture for this country. not have been possible. Chairman JIM JEFFORDS and Ranking I ask my colleagues to support the Among the Senators that I would Member BOB SMITH also deserve tre- renewable fuel standard in this energy like to thank, first and foremost is mendous credit for moving this legisla- bill to make renewable fuels an impor- Senator DICK LUGAR. The seeds of this tion through the Environment and tant component of a new national en- agreement were planted a few years Public Works Committee and for bring- ergy plan which is so vitally important ago when Senator LUGAR and I first in- ing their expertise and steady de- to the future of this country. troduced legislation to establish a re- meanor to the negotiating table. Their I yield the floor. newable fuels standard and provide involvement was critical to the suc- Mr. NELSON of Nebraska. Madam greater flexibility in producing refor- cessful brokering of this agreement. President, I thank the Senator from mulated gasoline. Senator LUGAR’s en- This agreement makes a number of Nebraska for his very articulate com- thusiastic support gave this idea need- important changes in Federal law ments supporting the efforts for the re- ed momentum and helped lay the based on the experience we have gained newable fuels standard and for his sup- groundwork for the agreement that over the last 7 years of implementing port for ethanol. It is a pleasure to was reached last week. the reformulated gasoline program. It work with him on this issue. I would be remiss if I didn’t acknowl- eliminates the oxygen requirement Madam President, I thank members edge the involvement of the White from the reformulated gasoline pro- of my staff, as a matter of privilege, for House in crafting this agreement. An- gram, a change that is very important their support and their work on this drew Lundquist, who has a unique per- to the efforts of States like California important issue. I have identified Eric spective gained as a former staff direc- and New York, who are planning to Washburn of Senator DASCHLE’s staff. tor of the Senate Energy Committee eliminate MTBE from their gasoline It is my pleasure to also thank my and Director of Energy Policy for the supplies in the near future. But, in so staff, Tom Litjen as well as Scott President, has been extremely helpful doing, it also ensures that we preserve McCullers. throughout the negotiation process, the hard-fought air quality gains that At this time, I yield the floor to the both in identifying effective policy and have resulted from the implementation distinguished Senator from North Da- working with diverse parties to achieve of that requirement. kota, to be followed by the distin- it. The agreement establishes a renew- guished Senator from Missouri. Among those whose opinions I sought able fuels program to nearly triple the Mr. DASCHLE. Mr. President, I early in this effort and who always pro- use of renewable fuels like ethanol and would like to join my colleagues this vide me with intelligent and helpful biodiesel over the next 10 years. It also morning in congratulating the officials advice are Trevor Guthmiller and Bob provides special encouragement to bio- and organizations that came together Scott of the American Coalition for mass-based ethanol, which holds great recently to negotiate a broad com- Ethanol, and Dave Hallberg, the first promise for converting a variety of or- promise agreement on the regulation of president of the Renewable Fuels Asso- ganic materials into useful fuel, while clean-burning fuels in the United ciation who currently is developing an substantially reducing greenhouse gas States. This is truly an historic agree- innovative ethanol plant and cattle emissions. This will have substantial ment that reconciles a variety of com- feedlot in Pierre, SD. Their common benefits for the environment and for peting interests in order to meet sev- sense, South Dakota counsel on these rural economies, while helping to lower

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1809 our dangerous dependence on foreign As with all compromises, this agree- GOVERNORS’ ETHANOL COALITION, oil. ment is not ideal for anyone, but meas- Lincoln, NE, March 12, 2002. It bans MTBE in 4 years and author- ured against maintaining the status Hon. TOM DASCHLE, izes funding to clean up MTBE con- Majority Leader, U.S. Senate, quo, this agreement will provide con- Washington, DC. tamination and to fix leaking under- siderable additional flexibility to Cali- Hon. TRENT LOTT, ground tanks. This section is particu- fornia and other states in producing larly important to States like Cali- Minority Leader, U.S. Senate, and using clean-burning gasoline. For Washington, DC. fornia that are struggling to clean up example, if this compromise were not DEAR SENATOR DASCHLE AND SENATOR groundwater contaminated by MTBE. developed, California would need to LOTT: On behalf of the 27 members of the It allows the most polluted States to Governors’ Ethanol Coalition, we are writing meet the existing reformulated gaso- opt into the reformulated gasoline pro- to express our strong support for the provi- gram, and provides all States with ad- line oxygen requirement and imple- sions including in the Energy Policy Act of ditional authority under the Clean Air ment the ban on MTBE that the gov- 2002 (S. 517), which will establish a national Act to address air quality concerns. ernor has stated will go into effect ei- renewable fuels standard. ther at the end of 2002 or, if extended, The provisions set forth in the Manager’s I would like to take a moment to ac- Amendment to S. 517 reflect an agreement knowledge concerns about this pro- at the end of 2003. This scenario would negotiated over the last two years by the gram that have been expressed by my result in the need for California to use states, agricultural interests, refiners, and friends and colleagues from California, over 800 to 900 million gallons of eth- the environmental community that will ad- who in light of their recent experiences anol in 2004, far more than the renew- dress such important issues as MTBE water with electricity markets are under- able fuels requirements of this com- contamination and the oxygenate require- standably wary of new energy regula- ments in reformulated gasoline while pro- promise. viding a significant market for renewable tion in the fuels market. In response to Finally, under the bill, refiners in fuels such as ethanol and biodiesel. Specifi- their concerns, I and those partici- California and throughout the Nation cally, we support those provisions in S. 517 pating in the development of this com- can buy credits from refiners that use that: Create a national renewable fuels promise have taken a number of steps standard, ensuring a growing part of our na- ethanol in other States to meet its re- to ease California’s transition from tion’s fuel supply, up to 5 billion gallons by MTBE to ethanol. Under the com- quirement, rather than use actual gal- 2012, is provided by domestic, renewable promise, California no longer needs to lons of ethanol. This ensures that eth- fuels; eliminate the use of MTBE in the United States within four years; eliminate meet the oxygen requirement of the re- anol will be used where it is most effi- cient and economical. the oxygenate requirements in the reformu- formulated gasoline program upon en- lated gasoline program; and maintain the air actment; this is one year ahead of In the development of this com- quality gains of the reformulated gasoline other States with reformulated gaso- promise, I have had numerous con- program. line programs. This modification was versations with my colleagues, Sen- By enacting these provisions, we will strengthen our national security, displace possible because of California’s pro- ators FEINSTEIN and BOXER, and with gressive State fuels program that en- imported oil from politically unstable re- California Governor Gray Davis and gions, stimulate ethanol and biodiesel pro- sures protection of air quality in the the director of the California Depart- duction, expand domestic energy, supplies, absence of the oxygen requirement. ment of Environmental Protection, and continue to reduce air pollution. To address concerns that have been Winston Hickox, about the effect of a We encourage you to support these provi- raised about ethanol supplies, prices renewable fuels standard on their sions and to resist any amendments that and logistics, the compromise requires state. I respect their knowledge of would alter this landmark agreement. Sincerely, that during 2003, before the renewable their State’s energy situation and their fuels standard takes effect, the Depart- BOB HOLDEN, passion and tenacity in defense of their ment of Energy study these issues. If Governor of Missouri, State’s interests. No one wants to see Chair. that study determines that there will price volatility in any regional mar- JOHN HOEVEN, be any problems with the ethanol pro- Governor of North Da- gram in 2004, then the EPA Adminis- ket. The renewable fuels provision has been modified in response to Califor- kota, Vice Chair. trator is directed to reduce the level of MIKE JOHANNS, the mandate for 2004. nia’s concern about possible future en- Governor of Nebraska, Under the renewable fuels program, ergy scenarios, and, I believe, effec- Past Chair. California and any other State can tively protects the state against unin- Mr. VOINOVICH. Mr. President, I apply to EPA under separate provisions tended consequences. rise today to express my support for of the bill to request that the Adminis- In the finest tradition of the U.S. the ethanol provision that has been in- trator reduce the ethanol mandate in Senate, this agreement represents a cluded in the Energy Policy Act. I was any year of the program, based on sup- careful balance of often disparate and pleased to join my colleagues, Senators ply or economic concerns. The Con- competing interests. No member or or- GRASSLEY, DASCHLE, BOB SMITH, gress will expect the Administrator to ganization got everything they wanted. HAGEL, BOND, BROWNBACK, and BEN enforce this provision diligently. But in the end, each participant won NELSON, in developing a policy on eth- Moreover, the compromise allows important victories that made this anol that addresses the concerns of a California in 2004 to meet its ethanol agreement stronger. variety of stakeholders in the energy requirement by blending ethanol only debate while providing a tangible ben- in the wintertime. This is very signifi- I look forward to working with my efit for the American people. I believe cant, because California is expected to colleagues in the Senate, the House the inclusion of this provision is a key use 300 to 400 million gallons of ethanol and the White House to enact this im- element in our effort to construct a in 2004 to meet its wintertime carbon portant compromise this year. viable energy policy. monoxide Clean Air Act requirements Finally, I ask unanimous consent to As I have often stated, we face an in- anyway, while the new renewable fuels place a letter into the RECORD that I credible challenge in putting together program will require the use of less received yesterday from the Governor’s an energy policy for our Nation. In my than 250 million gallons that year. In Ethanol Coalition. The coalition has view, the Senate’s final product has to other words, California will use more been a strong supporter of my efforts be a policy that harmonizes energy and environmental policies, acknowledging than 100 million gallons of ethanol in to enact a renewable fuels standard 2004 than the new mandate requires. So that the economy and the environment from the very beginning, and it gives the ethanol mandate that is in this bill are vitally intertwined. It has to be a me great pleasure to have worked should have no effect on California in policy that broadens our base of energy closely with that organization for the 2004, and will substantially lessen Cali- resources to create stability, guarantee fornia’s ethanol requirements com- last few years in this regard. reasonable prices, and protect Amer- pared to current law unless the State There being no objection, the letter ica’s security. It has to be a policy that decides not to implement its ban on was ordered to be printed in the won’t cause energy prices to sky- MTBE. RECORD, as follows: rocket, which would unfairly affect the

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1810 CONGRESSIONAL RECORD — SENATE March 13, 2002 elderly, the disabled, and low-income our roads, the purpose for which it was mentation, and combustion, ethanol families. Finally, it has to be a policy collected in the first place, and keeps contributes no net carbon dioxide to that won’t cripple the engines of com- ethanol viable by restoring people’s the atmosphere. The transition to cel- merce that fund the research that will faith that the taxes they pay on this lulosic ethanol would have a positive yield future environmental protection clean fuel are used properly. effect on air quality in American cit- technologies. I am delighted that the Senate was ies. The Senate is currently working to able to come together and craft a bi- Cellulosic ethanol could be intro- address these challenges, and I believe partisan agreement on the treatment duced directly into our current auto in- the inclusion of an ethanol provision in of ethanol. It is my hope that the spirit frastructure with only modest changes. this bill will help the environment, of bipartisanship will continue In fact, Henry Ford originally thought protect public health, promote fuel ef- throughout the energy debate so we ethanol would be the fuel of choice to ficiency, reduce our dependence on for- can finally put in place a comprehen- power cars. Studies indicate that the eign oil, boost the economy, and create sive national energy policy. United States has more than enough and retain jobs for Americans, all at Mr. LUGAR. Mr. President, our de- idle land to supply a significant por- the same time. As the ranking member pendence on oil from the Middle East tion of its transportation fuel needs of the Senate Clean Air Subcommittee, represents a grave national security with cellulosic ethanol. Cellulosic eth- I am especially pleased that expanding threat. The events of September 11 anol compares favorably to gasoline in the use of ethanol will help reduce auto have underscored the urgency of mov- its performance as an internal combus- emissions, which will clean the air and ing forward on multiple fronts to im- tion engine fuel with considerably improve public health. prove our energy situation in the short higher octane levels. Reductions in Becuase of the events of September term and achieve energy independence processing costs of ethanol are already 11, perhaps our greatest energy chal- in the long term. occurring, and further reductions are lenge is to lessen our reliance on for- I have long believed that renewable imminent. We must remember that eign sources to meet our energy needs. energy is a vital part of the solution. ethanol processing remains a relatively As my colleagues know, the United Renewables are essential to freeing young industry. Oil processing is States currently imports about 58 per- ourselves and developing countries cheaper now because it has had the cent of our crude oil. For both national from growing dependence on oil im- benefit of a century of intensive re- security reasons, particularly now, and ports from volatile regions of the search and development. Further market penetration of cellu- as part of a comprehensive energy pol- world. They also help address climate losic ethanol as a fuel provides a cash icy, it is crucial that we become less change. This is why I have long sup- crop to any region that grows grass, dependent on foreign sources of oil and ported increased funding for biomass, trees or other vegetation. This offers look more to domestic sources to meet solar, and other renewable energy pro- enormous potential for rural develop- grams. our energy needs, and ethanol is an ex- ment both in the United States and Today I am proud to introduce with cellent domestic source. Ethanol is a abroad. Such a democratization of my colleagues a bipartisan agreement clean burning, home-grown renewable world energy supplies could reduce on provisions in the energy bill that fuel upon which we can rely for genera- armed conflict, lower the risk of global would go far toward diminishing our tions to come. recession, and aid in the development Creating a greater market for eth- Nation’s dependence on oil imports. of emerging markets. National security anol is good for our Nation’s economy The proposal incorporates into the en- complications and costs stemming ergy bill the Daschle-Lugar national and, in particular, good for Ohio’s from the need to safeguard Middle renewable fuels standard legislation economy. Ohio is one of the Nation’s Eastern oil resources will be dimin- that Senator DASCHLE and I introduced leading consumers of ethanol, with 40 ished. percent of the gasoline consumed in in May of 2000. The agreement my colleagues and I the State having an ethanol content. This proposal, like the legislation I reached on the renewable fuels stand- Ohio has placed a tremendous impor- introduced with Senator DASCHLE, ard provision of the energy bill will tance on expanding the use of ethanol, would phase-out the use of MTBE, form an important and essential com- so much so, we are actively pursuing Methyl Tertiary Butyl Ether, and in- ponent of our national energy policy, an opportunity to get ethanol produc- crease the use of ethanol and biomass but it is only the beginning. I encour- tion plants built in Ohio. ethanol as the clean fuel additive to age my colleagues to support this In addition to consumption of eth- gasoline. Use of biofuels would nearly agreement and to work with President anol, Ohio is also a major producer of triple over the next decade. Bush to achieve national energy secu- the main component of ethanol, corn. Fuel derived from biomass offers the rity. In fact, Ohio is 6th in the Nation in most promising long-term approach to Mr. CRAIG. Mr. President, I rise terms of corn production, and an in- the problems of oil dependence. Pre- today to discuss the renewable fuels crease in the use of ethanol across the viously, ethanol could only be produced provision in the energy bill that we are Nation means an economic boost to efficiently from a tiny portion of plant debating. Renewable energy sources thousands of farm families across my life including corn and other are an increasingly important part of State. feedgrains. High production costs made our energy generation, and it is clear Finally, I am also pleased that the a broad transition to ethanol fuel im- that they will only continue to in- tax package reported out of the Fi- practical. But recent breakthroughs in crease in importance. Thus, the debate nance Committee to accompany the genetic engineering of biocatalysts, en- is not over whether or not we will de- energy bill includes a provision that zymes, bacteria and yeasts, make it velop renewable energy resources, but would transfer the 2.5 percent per gal- possible to break down a wide range of how we will do so. lon of the federal tax on ethanol-blend- plants. Like the Daschle-Lugar legisla- Throughout my career in Congress, I ed fuels from the General Fund to the tion, the proposal that we are intro- have supported and led efforts to ex- Highway Trust Fund. This provision is ducing today includes a special credit plore the development and promotion similar to the Highway Trust Fund Re- for ethanol used under the renewable of renewable fuels. I have done this for covery Act, a bill that Finance Com- fuels standard program that is pro- several reasons including their value in mittee Chairman MAX BAUCUS and I in- duced from non-grain cellulosic mate- offsetting our nation’s dependence on troduced last summer. rials like rice straw, municipal waste, foreign sources of energy, their envi- As my colleagues may know, 2.5 and fast-growing poplars. Such fuel is ronmental benefits, and the potential cents of 13.1 cents-per-gallon ethanol environmentally friendly and would economic opportunities for agricul- tax presently goes straight to the not require significant changes to tural producers and rural communities. Treasury. That is more than $400 mil- America’s automobile-based infrastruc- Clearly, hydropower is our greatest re- lion for transportation improvements ture. newable supply. About ten percent of lost per year, including $50 million to There is a virtual consensus among our nation’s electricity is from hydro- Ohio. The Finance Committee provi- scientists that when considered as part power. However, another very prom- sion ensures that the money is used for of a complete cycle of growth, fer- ising renewable energy source with

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1811 great potential is ethanol, and this is the Senate, and my constituents to de- America’s energy past has been one the area where I want to concentrate velop a comprehensive energy policy of fossil fuels, air pollution, and de- my discussion of renewables. that includes a new and strengthened pendence on foreign oil. Our new en- Ethanol has already proven its im- resolve to develop domestically grown ergy policy should not repeat the mis- portance to the nation. Its use as part renewable sources of energy. The eth- takes of the past. It must be forward of the clean fuel program has dramati- anol language in this bill is an impor- looking, it must invest in a sustainable cally reduced air pollution in many cit- tant step in that direction. Bio-fuels, and independent energy future and not ies across the nation. In fact, cities including ethanol, can and should be an subsidize the failed policies of the past. around the nation have found that important part of our path to energy America’s energy future can start using fuels with an ethanol blend help independence, and I urge my colleagues today with a greater investment in re- them to meet federal clean air targets. to support the renewable fuels provi- newable energy. Ethanol also helps us to take a step sions in this bill. The PRESIDING OFFICER. The Sen- closer to energy independence. By in- Mr. HARKIN. Mr. President, America ator from North Dakota. creasing our use of ethanol, we will needs a new energy policy that will in- Mr. DORGAN. Madam President, rely less on imported foreign oil and crease America’s energy independence first of all, I thank the Senator from more on America’s farmers. and reduce the dramatic energy price Nebraska for his leadership on this Another benefit of ethanol is that, at spikes that hit Iowans right in the issue. We are talking about the energy the same time it helps the environment pocketbook. We need a forward look- bill today in the Senate Chamber. We and makes our nation more energy ing, sustainable and environmentally have been on this bill for some while, independent, it also helps our rural friendly policy that will provide for and we hope very much we will con- communities. As a rancher in Midvale, America’s national security and eco- clude it soon. But one piece of the en- Idaho, I believed—and still do—that en- nomic security. ergy bill deals with what is called the ergy can be a value-added opportunity One of the keys to our energy future renewable fuel standards. For those for agriculture and I have worked to is a sustainable, environmentally who are not accustomed to what the ti- advance technological opportunities friendly energy policy that includes tles mean, it simply means alternative for ethanol and other bio-fuels. Cur- the adoption of a nationwide renewable fuels, such as ethanol. rently, ethanol uses around seven per- fuels standard. By requiring that a per- Ethanol is an awfully good example— cent of our nation’s corn crop, and eth- centage of all the gasoline marketed in there are others—of what would help us anol production facilities are an impor- America contain renewable fuels we reduce our reliance on foreign sources tant economic resource in many states, can greatly improve our energy secu- of energy. I have been to ethanol plants around including my own. Without this eco- rity, protect the environment, and cre- the country, and a couple of them in nomic stimulus, many rural commu- ate jobs through the farm-based prod- ucts used in energy production. North Dakota. It makes good sense, nities, which are already poorer and I’ve worked for years in the Senate from a kernel of corn or a kernel of have higher unemployment than the to build bipartisan consensus for the barley, to be able to take the drop of rest of the Nation, would be hurting creation of a national renewable fuel alcohol from that kernel of corn to ex- even more. standard, introducing my own legisla- For these reasons, I have always been tend America’s energy supply, and, at tion and cosponsored similar legisla- the same time, have the protein feed a supporter of ethanol. As part of my tion by Senators TIM JOHNSON, and stock left to feed the cattle. So you efforts to promote it, there have been CHUCK HAGEL. This bipartisan effort have a circumstance where you grow numerous times in the past when I sup- paid off when we included a renewable your fuel. ported legislation to help our nation fuels provision in the Senate energy Frankly, I did not know much about develop its ethanol industry. For exam- bill recognizing the benefits of the oxy- this a couple of decades ago. I saw an ple, I was proud to join a majority of gen content requirement in the refor- ad in one of the big daily newspapers, Senators in voting to support the 5.4 mulated gasoline program. and it was by one of the largest oil cent per gallon tax credit for ethanol, The bipartisan renewable fuels provi- companies in the country. It said: We which ensures the ethanol tax credit sion will greatly increase the produc- oppose ethanol production because it will be in place until at least 2007— tion of the fuels of the future, such as really isn’t very viable and doesn’t con- something crucial to existing ethanol ethanol and biodiesel. By directing re- tribute much. plants and to those considering new finers and importers to increase the I thought: Well, if the biggest oil production facilities. I also led an ef- use of renewable fuels to 2.3 billion gal- companies are opposing this, I ought to fort, in cooperation with the American lons in 2004 and 5 billion gallons in 2012 take a look at it. And I did. I discov- Soybean Association, in the 105th Con- we can significantly increase the na- ered, sure enough, using the approach gress to ensure that biodiesel was con- tionwide demand for ethanol, which to take alcohol from grain, for exam- sidered an ‘‘alternative fuel’’ under the was approximately 1.8 billion gallons in ple, to extend America’s energy supply, Energy Policy Act of 1992 (EPACT). My 2001. holds great promise for our country. legislation, which was passed by Con- This bipartisan proposal also says Since that time we have, of course, gress and signed into law by the Presi- that the government should lead by ex- seen additional plants be developed in dent, now allows fleet operators to pur- ample and use alternative fuels in 50 this country as well as more produc- chase vehicles powered by biodiesel percent of all Federal Government ve- tion of renewable fuels. But, it seems under the requirements of EPACT. hicles by 2003 and 75 percent by 2005. to me, everyone here understands that However, more needs to be done. Eth- This is a common sense approach we have an enormous amount of our anol and other renewable energy re- which has been proven to work in Mid- energy coming from a part of the world sources must be encouraged in order to western States, like Iowa, where 100 that is inherently unstable: Saudi Ara- protect our environment and help our percent of all gasoline used in State ve- bia, Kuwait, part of the Middle East, quest for energy independence. This hicles contain clean-burning, renew- and Central Asia. We have all of this bill has many important provisions re- able ethanol. oil and natural gas coming from parts lating to ethanol, and I want to en- Renewable fuels already help im- of the world that are unstable. And our courage my colleagues to support these prove our environment, provide energy economy depends on that constant provisions. The increased use of eth- security, and increase farm incomes source of supply. anol that would occur if this bill passes and create jobs in rural America. Au- That is an enormous risk to our will be good for the environment, good thoritative estimates indicate that a economy in this country. What do we for our energy independence, and good renewable fuels standard would in- do about that? We do a lot of things, for our farmers. It is much better to crease demand for corn for ethanol one of which is to create a renewable rely on the farmers of Idaho or Iowa or from 650 million bushels to 2.5 billion fuel standard by which we aspire, as a Kansas for our energy needs instead of bushels in 2016 which would increase country, to get more of our energy sup- Saddam Hussein. the price of corn by an average of 28 ply in renewable fuels. We can do that. I look forward to working with the cents per bushel and create 300,000 jobs We can have that kind of future if we Bush administration, my colleagues in nationwide. set goals and reach those goals.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1812 CONGRESSIONAL RECORD — SENATE March 13, 2002 Today, ethanol reduces the demand to Central Asia. Those of us who have just not true, it is not going to cost for gasoline and for MTBE imports by traveled in the Middle East and Central lives. They have argued about how 98,000 barrels a day. That makes great Asia understand that we cannot con- many lives it will be. They have argued sense, as I said, to take the alcohol tinue to hook America’s economy to a about whether the statistics that have from a kernel of corn and extend Amer- constant fuel supply that comes from been cited are accurate. But every sci- ica’s energy supply. parts of the world that are so inher- entific study that I have seen that real- The American Petroleum Institute ently unstable. ly has much validity shows that some now supports this. The National Corn We need to do better than that. We lives will be lost. In addition to that, I Growers, the Renewable Fuels Associa- need to produce more of our own en- think good common sense tells us that tion, the National Farmers Union, and ergy. Part of that is, yes, digging and as well. the Farm Bureau all have sent letters drilling for natural gas, oil, coal, and In 1989, a study by Robert Crandall of to Senator DASCHLE and Senator LOTT doing that in an environmentally sen- the Brookings Institution and John expressing their support for this sitive way, and the underlying bill does Graham of the Harvard Center for Risk version. that. But a significant part of it is also Analysis provided the first evidence Madam President, 1.8 billion gallons in the area of limitless and renewable suggesting a negative relationship be- of pure ethanol are currently produced sources of energy. That is exactly what tween weight and vehicle occupant fa- in our country. This provision that we we are talking about today. That is tality risk. are debating would add 3.2 billion new what the Senator from Nebraska began Another study from Dr. Leonard gallons of ethanol, for a total of 5 bil- talking about this morning. Evans, president of the International lion gallons by the year 2012. That I am really pleased to be in this Traffic Medicine Association, found translates, for example, into a new Chamber to support this. I want to see that large, heavy cars lower the risk to market for American corn of 1.19 bil- a series of ethanol plants dotting the drivers. His study suggested that more lion bushels of corn. prairies in the Northern Great Plains passengers, i.e., more weight within That helps family farmers, obviously, in this country which can take kernels the vehicle, reduced fatalities by 7.5 to be able to produce a crop, and use of corn, barley, and other grains, put percent. that crop, on a renewable basis, to ex- them in an ethanol plant, extract the The National Highway Transpor- tend America’s energy supply. It means drop of alcohol, extend America’s en- tation Safety Administration, NHTSA, new opportunities for farmers to invest ergy supply and still have protein feed and the Insurance Institute for High- in value-added processing of a product stock left for animals. That makes way Safety found that since 1975, 46,000 people have died because of the 1970s- they are already growing. good sense for family farmers and good era push for greater fuel efficiency that I might, while I am here, also say sense for America. It is not just na- there are some other interesting and has led to smaller cars. tional security; it is also energy secu- For every mile per gallon gained by exciting things happening in my home rity, which translates into national se- the standards increased, 7,000 people State of North Dakota. curity. And that has its roots in this The Aerospace Program and the En- have died according to the USA Today. renewable fuels standard. According to the National Academy of vironment and Energy Research Cen- So I thank my colleague from Ne- Sciences and supported by the National ter, both at the University of North braska. I am pleased to be with him Safety Council and the American Trau- Dakota located in Grand Forks, are re- and so many others in this Senate ma Society, CAFE standards have led searching potential uses of ethanol as Chamber who have worked hard on this to 1,300 to 2,600 additional crash fatali- aviation fuel. for a long period of time. ties and 97,000 to 195,000 total injuries. Aviation fuel is the last fuel in the Madam President, I yield the floor. The NAS report says: United States that still contains lead. The PRESIDING OFFICER. The Sen- Ethanol, in our judgment, could be ator from Ohio. [I]t is clear that there were more injuries and fatalities than otherwise would have oc- used for aviation fuel, and so the Uni- Mr. DEWINE. Madam President, I curred had the fleet in recent years been as versity of North Dakota is teaming yield myself 15 minutes from this side’s large and heavy as the fleet of the mid-1970s. with South Dakota State University time. According to the July 2001 issue of and the FAA on a program to get eth- The PRESIDING OFFICER. The Sen- the American Journal of Public Health, anol approved and certified to help re- ator has that right. the rates at which drivers crash are place lead-based aviation fuel. The Uni- AMENDMENT NO. 2997 strongly influenced, of course, by versity of North Dakota, in fact, is Mr. DEWINE. Madam President, I drunk driver behavior. But the relative hosting a conference on this subject in want to talk today about one aspect of risk to each driver when a crash does the month of May. And they are going this debate about CAFE standards. To occur is not affected in any obvious to bring together aviation fuel dis- me, this aspect is the most important way by driving behavior. The relative tributors, pilots, plane manufacturers, consideration. risk is enormously influenced by rel- and others, to determine the future I know we have talked about many ative masses of the involved cars. That role that ethanol can play in the avia- different things. We have argued this is pretty simple. In other words, if two tion industry as an aviation fuel. issue, and we have talked about many cars crash into each other, and one of We are talking, in this energy bill, statistics which have been given. them is twice as heavy as the other, about a lot of things. As I have indi- I believe it would be a mistake to ap- then the driver of the lighter car is cated before, we are talking about elec- prove the underlying bill without the about 12 times as likely to be killed. tricity. We are talking about a renew- Bond-Levin amendment. I support the Again, according to the Insurance In- able portfolio standard in that area. We Bond-Levin amendment because I be- stitute for Highway Safety, between are talking about limitless and renew- lieve the underlying bill, quite bluntly, 1991 and 1997, 41 percent of all car able fuels in this area, the renewable will cost thousands and thousands of deaths occurred in single-vehicle acci- fuels standard. lives. So for this Senator, while the dents. So we need to ask ourselves this: There are a lot of people who deserve other issues are important, the most If you or a member of your family are credit for bringing us to this position, important is this: Are we going to say, going to be in one of these single-vehi- because it has been a lot of hard work. as a Congress, as a Senate, as the Gov- cle accidents, in what kind of a car We have had a lot of opposition over ernment, that we are going to force should you be sitting? Obviously, the the years for ethanol production. But I people into smaller cars, when we heavier the car, the safer you are. think, finally, we have broken through, know, by every piece of evidence that In the year 2000, the motor vehicle and this represents a kind of a new we can find, that smaller cars lead to death rate per 100,000 people was espe- beachhead for opportunities in our higher fatalities? To me, that is the cially high among 16 to 24-year-olds— country to understand what ethanol question. I think it would be a tragic that is what we continue to see—and and what renewable fuels can do to ex- mistake for us to do this. people 80 years and older. These are the tend America’s energy supply. I know people have come to this portions of the population most likely, I indicated yesterday the I have been Chamber—and I have listened to a lot candidly, to buy a car based on finan- recently, in the last couple of months, of the debate—and have said that is cial situations since lighter cars are

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1813 cheaper to purchase and fuel. Now, in variables that we know will make a dif- oil, one that increases our energy effi- all fairness, there are other reasons ference in determining how many ciency, promotes the use of renewable why 16 to 24-year-olds are involved in Americans die next year driving auto- fuels, and encourages additional do- more fatal accidents, but this is cer- mobiles or as passengers in auto- mestic production of fossil fuels. tainly one of them. mobiles is the weight of the car. That We need an energy policy for the 21st Finally, according to the Competi- is a variable we know will make a dif- century—not a pipeline to the past. tive Enterprise Institute, based on J. ference. The bill the Senate is now considering DeFalco’s findings in the ‘‘Deadly Ef- For me, that is what it comes down is a good foundation for this debate. fects of Fuel Economy Standards, to. As millions of Americans, I do read This legislation promises to increase CAFE’s Lethal Impact on Auto Safe- Consumer Reports. Year after year, I our domestic natural gas supply dra- ty,’’ in my own State of Ohio, it is esti- take a look at the annual report that matically. It improves energy effi- mated, based on the data, that in the lists the cars and rates them for many ciency standards. It requires that the year 2000, 768 passenger car occupants reasons. It rates them for safety. One Federal Government lead in using our died because of these CAFE standards. of the special reports every year is a natural resources more efficiently. To I believe the statistics are clear. safety report. You can look down and me, the most exciting aspect of this Simply put, we cannot increase CAFE see how they rate each size car. They bill is that it encourages production standards without increasing fatalities. always break them down into the larg- and use of renewable fuels. One of the Yes, there are actions you can take to er cars, the heavier cars, all the way most promising of these is ethanol. By improve safety, such as airbags and down to the light cars. blending ethanol with gasoline, we can other safety devices, and we are cer- What you will see is that, yes, some reduce our oil imports and we can re- tainly moving in that direction, albeit of the midsize cars do very well. Some duce the environmental damage of ve- more slowly than this Member would of the smaller cars do better than you hicle emissions. like. Yes, you can argue that the safety might expect. But what you clearly can This legislation lays out a plan for effect of downsizing and downweighting see is that by and large, if you are in- increasing the amount of ethanol as a result of CAFE standards has been terested in safety, you buy a bigger, Americans use, and I strongly support negligible because the injury and fatal- heavier car. these provisions. As America struggles ity experience per vehicle mile of trav- I am not suggesting that every Amer- to meet its growing energy needs, eth- el has, in fact, steadily declined during ican should do that or can afford to do anol provides extraordinary opportuni- the changes in the fleet. That is true. that. I am suggesting that is some- ties. This product is made from corn However, a 1992 National Research thing that every American should have and, unlike fossil fuels, can be pro- Council report suggested that reduced the option to do. Every American duced in abundance. The more ethanol risk of motor vehicle travel is part of a should have the option within their we use to fuel our cars and trucks, the long-term historical trend tracing way means to as best they can protect their less oil we will need to import from back to 1930, and the improving safety family from highway fatalities. They hostile countries such as Iraq. Rather picture is the result of various inter- should be able to intelligently choose than looking to the Mideast for energy, acting and sometimes conflicting their car. They should make the choice we would be far better off to look to trends. of the car, what safety features the the Midwest. With the use of a corn- So while things such as enhanced ve- cars have, and they should be able to based product such as ethanol, we can hicle designs, increased rates of safety make the choice in regard to the create an enormous market for home- belt use, better roads, and decreased weight of that car. grown agricultural products. At the drunk driving are, in fact, reducing I believe the underlying bill strikes same time, we can reduce the emission crash injury risk, there are other vari- at that freedom, at that liberty, and at of harmful greenhouse gases. In short, ables, such as higher speed limits or no the ability of parents to protect their ethanol use is good for the economy, speed limits on some roads, increased children in the car, the ability of some- good for the environment, and good for horsepower, and an increased number one buying a car to protect themselves our national security interests. of teenagers and other risky drivers on or their loved ones. It is a tragic mis- Ethanol is a relatively new fuel, and the road that are increasing crash in- take. we are still building the infrastructure jury risk. In short, technological inno- I will be supporting the Levin-Bond and capacity for wider use of this prod- vations don’t get you out of a CAFE amendment. It is a rational com- uct. Last year, I introduced legislation safety bind. promise. It is an approach that makes to promote the production and the use In the words of Dr. Leonard Evans, to sense. It is not micromanagement from of ethanol-blended fuels and other argue this is the Congress but is allowing the value-added agricultural products. [L]ike a tobacco industry executive saying science and technology to take place My legislation proposed to expand that smoking doesn’t endanger your health and to be utilized. I hope if that eligibility for the tax credit available because with everything we know about for small producers of ethanol. I am diets and exercise, you can smoke and still amendment does pass, when the deci- be as healthy as a non-smoker. It is true that sions are made in regard to setting of very pleased that these aspects of my with current knowledge about keeping fit, the standards, highway safety will not bill have been included in the amend- smokers can be healthier. But, this knowl- just be one of the items considered, ment crafted by the Senate Finance edge can make a non-smoker even healthier that highway safety will be at the top Committee. These changes will ensure yet. If you smoke, you’re going to be taking of the list. that farmer-owned cooperatives are eli- a risk no matter what. Madam President, I yield the floor gible to receive the tax credit. They Similarly, if you get in a car, you are and reserve the remainder of my time. will also encourage small producers to taking a risk no matter what. That is The PRESIDING OFFICER. Who expand the size of their operations to just reality. We accept that there will yields time? meet increased demands. be a certain number of accidents and Mr. NELSON of Nebraska. Madam Under this legislation, facilities that injuries and deaths. We know that. We President, we yield time to the distin- produce as much as 60 million gallons a may not accept it, but we understand guished Senator from the State of Mis- year could still qualify as small pro- it. But the question really is about the souri, who will speak. We are alter- ducers. These changes are necessary if weight and size of cars. You can argue nating, but if there is no one on the America is to meet the demand for eth- about how many lives are lost or saved, other side to speak, then Senator JOHN- anol envisioned by this bill. what the exact figure is, what the SON will be next. Last year, America produced less exact number is. You can argue about The PRESIDING OFFICER. The Sen- than 2 billion gallons of ethanol. Under how many variables impact safety and ator from Missouri is recognized. this legislation, annual ethanol use which variables have the most impact. Mrs. CARNAHAN. Madam President, would increase to 5 billion gallons over You can argue about how much the the Senate is engaged in an important the next 10 years. environment will be affected by this debate on our Nation’s energy policy. Ethanol is truly a win-win solution bill. You can argue about oil depend- America needs an energy policy that to our energy needs. The increased use ency. But in the end, one of the main reduces our dependency on imported required by this legislation represents

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1814 CONGRESSIONAL RECORD — SENATE March 13, 2002 a positive step for our farmers, for our fashion, the Senate has come together Nation faces are simply too important environment, and for energy independ- on this issue. It is clear that Sen- to be bogged down in partisan rhetoric. ence. ators—particularly from rural States The consensus emerging on this issue I support the compromise of this bill but others as well—understand the im- demonstrates the benefits of working that will lead to the increased use of portance of including a new standard in together to find real solutions for our ethanol, and I urge my colleagues to our energy legislation. Nation and should serve as a model for support it as well. Today, ethanol and biodiesel com- the consideration of the rest of the leg- I yield the floor. prise less than 1 percent of all trans- islation we take up this year. The PRESIDING OFFICER. The Sen- portation fuel in the United States, Again, I thank Senator HAGEL, Sen- ator from South Dakota is recognized. and 1.8 billion gallons is currently pro- ator DASCHLE, and Senator BINGAMAN Mr. JOHNSON. Madam President, I duced in our country. The consensus for their extraordinary efforts and for am pleased to rise today to speak package we have today would require working with me as we have developed about the inclusion of a renewable that 5 billion gallons of transportation this amendment and included it in this fuels standard in the pending energy fuel be comprised of renewable fuel by important legislation. bill. In the midst of the ongoing debate the year 2012. Ambitious but doable. We know we are not to the goal line about this legislation, it is heartening That is nearly a tripling of the current yet relative to the renewable fuel to see us come together on an issue ethanol production for the coming dec- standard. This energy legislation re- that has the potential to enormously ade as we incorporate this new stand- mains controversial as a whole, with improve our Nation’s transportation ard. issues ranging from drilling in ANWR fuel supply. I don’t need to convince anybody in to CAFE standards, all creating hur- This is a landmark provision that my State of South Dakota or other dles to its final passage. But I am will improve our energy security and rural areas of the benefits of ethanol to pleased to see the kind of bipartisan provide a direct benefit for the agricul- the environment and the economies of consensus that reaches across indus- tural economy in my State and in rural communities. We have several tries on the renewable fuel standard. other rural States across our country. plants in South Dakota and more are It is my hope when the dust settles at Senator DASCHLE should be commended being planned. These farmer-owned the conclusion of this debate that we for his hard work in bringing the par- ethanol plants in South Dakota, and in will have a comprehensive energy bill ties and the industries together to neighbor States, demonstrate the hard that will include this provision. What- reach a bipartisan consensus that will work, commitment, and vision we see ever else happens, this Congress cannot help our Nation in the next decade and in rural areas and the commitment to adjourn at the end of the year without having addressed the need for a renew- in the decades to come. Senator JEFF a growing market for clean domestic able fuel standard in this or some other BINGAMAN, chairman of the Energy fuels. Committee, also deserves commenda- Based on current projections, con- comprehensive legislation. I thank the Chair. I urge my col- tion for working with us to include this struction of any new plants will gen- leagues to be supportive of the renew- package in a comprehensive energy erate roughly $900 million in capital in- able fuel standard, and I look forward bill. vestment and tens of thousands of con- to final passage of this legislation. I As we all know, there has been a struction jobs in rural communities. great deal of discussion this past year yield the floor. For corn farmers, the price of corn is The PRESIDING OFFICER. The Sen- about our Nation’s energy. The in- expected to rise as much as 20 to 30 ator from Nebraska. creasing volatility in gasoline and die- cents a bushel. Farmers will have the Mr. NELSON of Nebraska. Madam sel prices and the growing tension in opportunity to invest in these ethanol President, I thank my colleague from the world from terrorist attacks have plants to capture a greater piece of the South Dakota, who has worked so long affected all of us. There is a clear need ‘‘value chain.’’ Combining this with the and hard on this issue and has cospon- for energy policies that will address provisions in this bill and the potential sored the Hagel-Johnson/Johnson- issues of the environment, issues of im- economic impact for South Dakota is Hagel legislation that helped lead the proving our trade balance, clean air, tremendous. way to this particular part of the en- energy security, our farm economy, An important but underemphasized ergy bill. I thank him for his constant and more jobs in America. This provi- fuel is biodiesel, which is chiefly pro- support and vigilance on the issue. sion addresses all of those issues. duced from excess soybean oil. We all It is clear that this issue has Earlier this year, I introduced legis- know soybean prices are hovering near achieved a wide bipartisan result with lation with my friend and colleague historic lows. Biodiesel production is strong support from both sides of the from Nebraska, Senator CHUCK HAGEL. small but has been growing steadily. aisle. It is also very apparent that Our legislation, the Renewable Fuels The renewable fuels standard would some of the challenges the ethanol or for Energy Security Act of 2001, S. 1006, greatly increase the prospects for bio- biofuels industry faced in the past have was designed to ensure future growth diesel production and greatly benefit lessened as a result of the hard work of for ethanol and soybean-based biodiesel soybean producers all across our land. so many. fuels through the creation of a new re- It is important that Congress take a There was a time when there was an newable fuels content standard in all serious look at these issues beyond just absolute conflict between oil and eth- motor fuel produced and used in the the economic impact to our region. anol producers and between the inter- United States. I am also a cosponsor of Bio-based fuels offer multiple bene- ests that supported each of those in- another renewable fuels bill that was fits—from addressing climate change dustries. This past week, an agreement introduced by Senator DASCHLE and to improving our trade balance. was announced that brought together Senator LUGAR. I am pleased that an By increasing fuels production in the environmental industry as well as effort has been made here to incor- rural areas of our Nation, we can also the petroleum industry. I thank the porate these bills in a comprehensive reduce the need for new refineries and API for their support. It is a clear rec- energy legislation bill and that we new pipelines. ognition that this is a way to work to- have the package we are considering The renewable fuel standard over the gether to support an energy policy that today. next decade will displace roughly 1.6 will benefit all Americans and benefit Meanwhile, the House of Representa- billion barrels of oil without any addi- our world as well. tives passed an energy bill that con- tional drilling and could increase eth- It is important to point out that tains no renewable fuels standard of anol renewable fuels being more widely while we continue to stress the impor- any kind. It is the Senate legislation used. In addition, it takes 1 gallon of tance of more domestic production and that is the groundbreaking bill which ethanol to the same amount of fuel reduce the reliance on foreign sources will determine whether our Nation that produces 2 gallons of oil. of oil, there is a role that the industry will, in fact, go forward with a A substantive bill that improves the domestically and the renewable fuels thoughtful renewable fuels standard for Nation’s energy security can only be industry today can play together, a our Nation. So it is with some pride enacted if we work in a bipartisan role that finds room for both domesti- and satisfaction that, in a bipartisan manner. Problems and difficulties our cally produced oil as well as foreign-

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1815 produced oil and domestically produced major resource commitment, utilizing Mr. NELSON of Nebraska. Madam energy in the area of renewable fuels. the unique capabilities of the Depart- President, as we are waiting for Sen- It is pleasant to recognize we have ment of Defense to take a concept from ator LINCOLN, perhaps it is important crossed that line and have been able to inception to fruition, is needed in this to point out some of the truths about bring together parties from different country to ensure that 10 years from the renewable fuel standard and de- industries to recognize the common now we have established the commer- bunk some of the myths that some- goal of the ability to rely on our own cial technology base to produce many times have continued for a period of needs to the extent we can with our billions of gallons of renewable fuels in time as a method of trying to avoid own production. That is clear in mov- dispersed and decentralized installa- dealing with the need for more domes- ing from 1 percent of the oil and fuel tions around our country. tic production and as a means of deter- needs of our country and the supply to There is the opportunity for in- ring our efforts for this renewable fuel up to 4 percent in just 10 years. That is creased technology, for increased pro- standard. not only a move in the right direction, duction of biofuels that will assist us There is a myth that somehow there it is a move away from some of the re- in the growth that is being sponsored are inadequate supplies of ethanol to liance we have had in other areas of by this legislation with the expectation meet the demand that will be created the world where stability is not strong that perhaps it is only the beginning— by this renewable fuel standard. The for our future but certainly puts us in that, in fact, we can exceed the re- fact is, the ethanol industry has been peril for the future needs of our energy. quirements that will be provided in growing substantially in recent years. It is also very important to point out this bill in years to come. If I could get the chart that shows the that this industry, with the renewable I am proud the production and the growth within the industry, it has been fuel standard that will be created and testing of these products is underway growing in recent years in anticipation with the ethanol and other biofuels today and will expand into the future of the phaseout of MTBE, particularly processing plants that will be springing and be a nationwide emphasis, whereas in the State of California. We can see the historic fuel ethanol production up all over America, can extend to the today clearly the emphasis has been over the course of the last 20 years. It rural areas. more limited and more discussed in I know the distinguished Presiding continues to increase. terms of the rural areas of the Mid- According to the Renewable Fuels Officer is concerned about, in her own west. This is about more than the Mid- Association, 15 new plants have opened State, the erosion of the rural areas in west. It is about, in fact, a national en- and several expansions have been com- population and the decreasing opportu- ergy policy that will end up with na- pleted, increasing U.S. ethanol produc- nities that exist in some of the rural tional energy needs, in meeting those tion capacity to 2.3 billion gallons. areas. This industry can extend across needs from so many different parts of Thirteen plants are currently under America because of the reliance on bio- our world and our Nation. construction and will bring the total mass—and it is not simply limited to The energy needs are clear, and that capacity to 2.7 billion gallons by the the corn-producing States or other is why this energy bill is important. end of 2002. A survey conducted by the States more closely associated with But not only are the needs important, California Energy Commission con- farm products—and not only be a but the sources of production to fill cludes that the ethanol industry will strong industry far beyond a cottage those needs likewise are important. have the capacity to produce 3.5 billion industry, but it can certainly extend to That is why this particular provision is gallons a year by the end of 2004. So many of the other States that are not extremely important to deal not only achieving the 5 billion gallon require- always considered part of the agricul- with the energy needs, but to deal with ment over a 10-year period is clearly tural producing industry in America a cleaner environment, for economic within reach, and we are clearly on our today, but we know they are. There- development, and obviously for na- way to achieving that. fore, this is, as the distinguished Sen- tional security by relying on our own There is also a myth that MTBE will ator from Missouri said, a win-win sit- sources for more of our own energy result in a shortage of gasoline-blend- uation for all of us. production. ing components; that if we remove I am also pleased there is a cutting- Shortly, Senator LINCOLN from Ar- MTBE it will result in a shortage of edge technology that continues to be a kansas will be joining us. I might men- gasoline-blending components that will part of this biofuels effort. Many tion, as I did before, as part of the Gov- therefore reduce U.S. fuel supplies. The States are today advancing the new ernors’ Ethanol Coalition that was es- fact is, while acknowledging there will technology, which the distinguished tablished in 1991, we had a distin- be enough ethanol, some have sug- Senator from North Dakota mentioned, guished Governor from the State of Ar- gested there will be a shortage of gaso- of aviation fuel that can be extended to kansas in that initial group who kept line-blending components needed to re- biorefinery products. his commitment to supporting ethanol place MTBE. The High Plains facility in my State not only in his role as Governor but as MTBE is currently blended at 11-per- of Nebraska at York is processing the the President of the United States. It cent volume, largely in Federal refor- plant’s waste stream in an anaerobic is also important to point out that as mulated gasoline in the Nation’s nine digester for the production of biogas we have continued to expand the role severe ozone nonattainment areas so that can be used to dry the distiller’s of the current President, while the we can satisfy the oxygenate require- grains and operate the plant, so that Governor of Texas he participated in ments. the plant has the opportunity ulti- that Governors’ Ethanol Coalition, Ethanol is used exclusively today in mately to be self-sustaining in terms of making it a broad-based group of 26 RFG in Chicago and Milwaukee, where its own energy needs as it produces en- States and several countries working it is blended at 10-percent volume. Eth- ergy for the rest of the country. together to continue to support eth- anol used in RFG to replace MTBE will The Dow-Cargill facility in Blair, NE, anol and the development of biofuels to similarly be blended at the 10-percent is currently producing ethanol but in deal with our energy needs. level, mitigating any loss in supply short order will be producing bio- Until the distinguished Senator from from MTBE’s removal. A large share of degradable plastics for use in the food Arkansas arrives, I suggest the absence the ethanol-blended formula will sat- industry in that same facility. They of a quorum. isfy the renewable fuel standard. It will produce energy, but they will be pro- The PRESIDING OFFICER. The be blended in conventional gasoline ducing an environmentally friendly clerk will call the roll. where it simply is blended with fin- plastic that will be biodegradable rath- The bill clerk proceeded to call the ished gasoline, adding an additional 10- er than what we are currently using. roll. percent volume to the U.S. fuel mar- Later in this session, I hope to offer Mr. NELSON of Nebraska. Madam ket. In other words, it will, in fact, ex- an amendment calling for a Manhat- President, I ask unanimous consent pand the availability of fuel rather tan-type project to aggressively ad- that the order for the quorum call be than reduce it. vance the biorefinery concept—the pro- rescinded. There is another myth: that the RFS duction of biofuels, bioenergy, and bio- The PRESIDING OFFICER. Without will result in significant price in- chemicals in integrated facilities. A objection, it is so ordered. creases for consumers at the pump. The

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1816 CONGRESSIONAL RECORD — SENATE March 13, 2002 fact is, S. 517 does not require a single the Midwest, where it is currently pro- Mr. BURNS. I thank both of my gallon of renewable fuels be used in any duced, to coastal markets without in- friends from Nebraska. Both have been particular State or region. The addi- curring substantial investments and champions for renewable fuels, espe- tional flexibility provided by the RFS therefore large costs to the consumer. cially in the area of ethanol develop- credit-trading provisions of S. 517 will Furthermore, ethanol must be blended ment. result in much lower costs to refiners at the terminal and cannot be shipped We all know we have not put forth and therefore to consumers. The credit- by pipeline, constraining the distribu- our best effort toward research and de- trading system will ensure that eth- tion network. The fact is, today eth- velopment for the best use of this fuel. anol is used where it is most cost effec- anol is transported cost effectively I was raised in the Midwest. When peo- tive. from coast to coast by barge, railcar, ple think of ethanol, they think of According to ChevronTexaco, the free and oceangoing vessel. corn. But corn is not the only grain market will not allow a California An analysis completed in January for that can be used. I lend my support to price differential of 20 to 30 cents per the U.S. Department of Energy as- what the Senator from Nebraska is gallon to be sustained. The market will sessed the infrastructure requirements saying, and also to all our work in re- always find ways to take advantage of including transportation, distribution, search and development for making a much smaller differential. Further- and marketing issues for an expanding this fuel more viable, making it work, more, a nationwide Federal MTBE ban ethanol industry. The report concludes and making it cost effective. It must be provides certainty for investments and that no major infrastructure barriers one of our big challenges. eliminates the greater use of boutique exist to expanding the U.S. ethanol in- I have heard my good friend from Ne- fuels, thereby lowering gasoline prices. dustry to 5.1 billion gallons per year, braska, the former Governor of Ne- One of the constant challenges we comparable to the renewable fuel braska, make a couple of speeches on have today is the use of boutique fuels, standard established in S. 517. There- ethanol; both his enthusiasm for the the blending of certain grades and cer- fore, the study concludes the logistics product and the benefits it provides. It tain kinds of fuels, which actually has modification necessary under the sce- is not only good for our country, but the impact that while reducing effi- nario can be achieved cost effectively. good for our air and for the agricul- ciency it raises the cost of gasoline Myths are important to debunk be- tural community that sorely needs prices. This will have the effect of mod- cause they will, if not countered, very help. erating that, and it will, in fact, reduce often stand in the way of the progress Increasing the use of ethanol to 5 bil- the number of boutique-blended fuels of this important part of our energy ef- lion gallons is a step in the right direc- and therefore reduce the cost of pro- forts. tion. Some say it is possible to increase duction of these fuels. One final myth: Air quality will actu- that figure. It is a number we finally Increasing the use of renewable fuels ally suffer as ethanol use increases na- settled on that was acceptable to folks such as ethanol and biodiesel will di- tionwide. The fact is, the use of eth- who want to participate in this indus- versify our energy infrastructure, mak- anol significantly reduces tailpipe try in my State of Montana. ing it less vulnerable to acts of ter- emissions of carbon monoxide, an As I have stated, early this morning rorism and increases the number of ozone precursor, VOCs and fine particu- we spoke of the high-tech task force available fuel options, increasing com- lates that pose a health threat to chil- that we put together on this side of the dren, seniors, and those with res- petition, and reducing consumer costs aisle. We talk of all the research and piratory ailments. Importantly, renew- of gasoline. development for the free flow of infor- able fuels help to reduce greenhouse There is a myth that more time is mation. Here is another area we should gases emitted from vehicles, including needed for the MTBE phaseout to en- zero in on. It will be new structures carbon dioxide, methane, and other sure adequate fuel supplies. The fact is, that will allow us to take advantage of gases that contribute to global warm- the negotiated agreement set forth in this fuel and make it as efficient as ing. S. 517 announced last week provides for S. 517 protects against any back- using total gasoline or oxygenated gas- a 4-year phaseout of MTBE, giving the sliding on air quality. First, the agree- olines. petroleum and the transportation in- ment tightens the toxic requirements I talk to refiners in the private sec- dustries adequate lead time to make of reformulated gasoline by moving the tor. Nobody wants to make a cleaner necessary changes to accommodate the baseline refiners must meet by 1999 to fuel than the refiners. The increase in increased use of renewable fuels. In 2000. production of ethanol is a good step. fact, the American Petroleum Insti- The Northeast States for Coordinated However, we should look at what we tute, the lead trade association for the Air Use Management concluded that can do with our land grant universities refining industry, agrees that 4 years is they are satisfied to have reached an who have the wherewithal to do some an adequate phaseout period, and cost agreement that substantially broadens real research and development on this estimates for removing MTBE must the ability of the U.S. EPA and our Na- fuel, making it more viable than it is also consider the cost incurred in addi- tion’s Governors to protect, and in today. We have shortchanged making tional MTBE water contamination if some cases actually improve to a it better and more cost effective. We MTBE is not removed from the fuel greater extent, air quality and public can let this work for us. supply. health as we undertake major changes I support my good friends from Ne- A recent poll conducted by the Cali- in the Nation’s fuel supplies. braska. I thank them for their leader- fornia Renewable Fuels Partnership Those who typically have proposed ship on this issue. It is important. I concluded that 76 percent of likely vot- the myths and have supported those would like to be part of trying to round ers supported banning MTBE because myths and made them a part of current up a little more money in a govern- we cannot afford the pollution caused mythology relating to biofuels and eth- ment-private sector partnership and by MTBE, while only 13 percent think anol in particular have very often done allow the research to go forward on it is a bad idea because of potential so out of a lack of information but very this matter. higher gasoline prices. often as a result of trying to derail the I thank my good friend from Ne- The myth is it will raise gasoline effort toward expanding this important braska. I yield the floor. prices when it is not expected to raise part of our energy source. That is why Mr. NELSON of Nebraska. I thank those prices. But 13 percent is a bad it is important we take the oppor- my colleague from the great State of idea because of potential higher gaso- tunity to point out the truthfulness of Montana for his support. He does have line prices. If they are aware of the fact the facts underlying ethanol and point Midwest connections. He had the good that it will not raise gasoline prices, out the falsehoods in the myths being fortune to marry a woman from the perhaps the 76 percent favoring the used to deter our actions toward this State of Nebraska. We appreciate his phaseout, banning it, will increase sub- amendment. connection with the Midwest and his stantially. I note my colleague from the other support. There is another myth important to side. I yield the floor. I yield the floor to the Senator from debunk; that is, ethanol cannot be The PRESIDING OFFICER (Mr. CAR- Arkansas, who will speak on the renew- transported from production centers in PER). The Senator from Montana. able fuel standard.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1817 Mrs. LINCOLN. Mr. President, I United States to become more energy- do is move forward in making this thank my colleague from Nebraska, independent. That is why we are con- product comparable in the sense that it who has done critical work on this tinuing to move forward with the de- can be competitive in the marketplace. issue. I am delighted to be joining velopment of a valuable new alter- We can do it now. many of my colleagues in discussing native fuel: Biodiesel. Biodiesel is a These are only a few of the major the critical role that renewable fuels clean-burning fuel that can be pro- benefits we will see from increasing our will play in our national energy policy. duced from domestic renewable investment in renewable fuels. Now is The energy bill we have been consid- sources, such as agricultural oils, ani- the time to lay the groundwork to ering contains an important provision mal fats, or even recycled cooking oils. move our Nation in the direction of en- for renewable motor fuel standards. It contains no petroleum, but it can be ergy independence. How excited we This provision establishes a national easily blended with petroleum diesel at should be that we have come this far, program for renewable fuels to be any stage of the process—during pro- that we can move quickly now in en- phased in beginning in 2004. duction at the refinery, in the pipeline, ergy policy to lessen our dependence on This program would be flexible, so as or even from the gas pump into a diesel foreign oil, to use our own economy, not to adversely affect small producers tank. our own production, and our agricul- and refineries, and it would provide in- Biodiesel can be used in compression- tural and rural States to create a bet- centives to encourage the development ignition diesel engines with no major ter environment and less dependence and use of renewable fuel. modifications. We are there. We are on foreign oil. What would be the end result of this there with a product that is environ- I am very pleased to join Senator program? It would require 5 billion gal- mentally safe, that is good for our NELSON and the rest of my colleagues lons of renewable fuels by the year economy, and good for our environ- today in making sure that efficient, re- 2012, significantly reducing our depend- ment. newable fuels will play a key role in ence upon foreign energy sources. In road tests, biodiesel blends have What does this mean? This is incred- our Nation’s future energy plan. Now is demonstrated performance, fuel mile- ible. I think this is so important for us the time to act. age, and drivability comparable to pe- to stop and take a moment and realize We have been void of energy policy in troleum diesel. Biodiesel is simple to what we are actually doing—5 billion our Nation for far too long—one that is use, biodegradable, non-toxic, and es- gallons of renewable fuels by 2012. progressive, meets our needs, lessens sentially free of sulfur and aromatics. What a dramatic move we are making our dependence on foreign oil, as well Athough new to our country, its use in the right direction. as putting our people to work —all the I should also mention that this provi- is well-established in Europe with over while protecting our environment. sion includes measures to protect con- 250 million gallons consumed annually. I thank my colleagues for bringing sumers. It would require a Department Farmers in Arkansas and other rural up such a critical issue, and I look for- of Energy study next year, before the States have embraced the development ward to moving forward on this one program begins, to assess the possible of biodiesel because it makes good eco- quickly. consumer impacts of a renewable fuels nomic sense for the farm industry. Bio- Mr. President, I ask unanimous con- program. If the program would have a diesel would allow us to develop new sent that several letters be printed in negative effect on consumers, the Envi- markets and to expand existing mar- the RECORD. ronmental Protection Agency would be kets for soybean oil, cottonseed oils, There being no objection, the letters authorized to adjust the requirements and other types of agricultural oils. were ordered to be printed in the to prevent these negative effects. By I have fought to include biodiesel as RECORD, as follows: an alternative fuel, most recently by delivering the United States from the RED RIVER VALLEY whims of groups like OPEC, who ma- inserting a biodiesel tax credit in the SUGARBEET GROWERS ASSOCIATION, nipulate the production and price of Finance Committee’s energy tax incen- Fargo, ND, January 18, 2002. oil, we will also reduce our trade def- tives package. This provision was over- Hon. BEN NELSON, icit by an estimated $34 billion. That whelmingly approved by the com- U.S. Senate, Hart Office Building, mittee in a vote last month. Washington, DC. will be good for both American eco- DEAR SENATOR NELSON: As the Senate pre- nomic security and national security. Biodiesel is not yet cost-competitive with petroleum diesel. In order to cre- pares to work on an energy bill, you will Furthermore, a renewable fuel stand- have a voice on some important decisions ard would create new economic oppor- ate favorable market conditions for that will affect our country in many ways tunities in rural America. As many as biodiesel, we need market support and and for many years to come. One of the most 214,000 new American jobs could be cre- tax incentives to foster these condi- important things you can do to make a dif- ated in response to the renewable fuel tions. With today’s depressed market ference is to support including a renewable standard. It would increase the demand for farm commodities, biodiesel would fuels standard in the energy bill. Such a for grain by an average of 1.4 million serve as a ready new market for sur- measure would require the oil industry to bushels per year. It would create near- plus farm products. use an increasing amount of ethanol and bio- diesel every year, while giving the oil indus- ly $5.3 billion in new investment, much Investment now in the biodiesel in- dustry will level the playing field and try the flexibility to determine when and of that in rural areas. where it is best to use it. Importantly, a renewable fuel stand- create new opportunities in rural More importantly, a renewable fuels stand- ard has attracted broad support—and America. ard that would require the use of at least not only from the agricultural and fuel I believe that biodiesel could be made five (5) billion gallons of ethanol by 2012 is industries. The American Lung Asso- more available by allowing its use good energy policy. We hear a lot of talk ciation, for example, has also offered under the Energy Policy Act which about reducing our dependence on foreign strong support for this provision, since Congress passed in 1992. If we expand oil, and this would be the best measurable renewable fuels would provide an effec- the alternative fuels options to include and tangible step we could take to actually biodiesel, we can make even more accomplish that goal. tive strategy to reduce toxic air emis- A renewable fuels requirement would in- sions and protect our air quality. progress on bringing renewables to a crease jobs, something our country des- It is an exaggeration to say that a re- wider market and making them more perately needs, create markets for farm newable fuel standard could protect the cost-effective. products, and help us reduce our reliance on health and well-being of future genera- Reduced dependency on foreign oil, oil from the Middle East—over 66% of the tions of Americans. Those of us from greater protection of our air and water world’s oil reserves lie in the politically un- rural states appreciate the remarkable against pollution and contamination, a stable Persian Gulf. Ethanol and biodiesel potential of renewable fuels. That is strengthened rural economy with new can help our country, but we need your sup- one reason why the farm bill that re- jobs and productive uses for surplus port in order to help make that happen. The farm commodities, energy sources that time is right, and we need your support for cently passed in the Senate also in- this effort. I urge you to contact me if for cluded a renewable motor fuels stand- are natural, sustainable, and renew- any reason you cannot support such a provi- ard. able—and all of this now. We do not sion. Thank you for your help on this issue. In Arkansas, we recognize the impor- have to wait. We do not have to ret- A renewable fuels standard has been incor- tance of renewable fuels in helping the rofit our automobiles. All we have to porated in S. 1766, and we strongly support

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that provision. No matter what form the ergy standard would provide a strong impe- NE ETHANOL BOARD, final bill takes, we want to see a renewable tus for additional investment in new plants Lincoln, NE, March 5, 2002. fuels requirement in the final version of the throughout the country. New investment Hon. BEN NELSON, Senate’s energy bill. will yield additional jobs, additional grain Hart Building, Sincerely, consumption, increased output of clean burn- Washington, DC. MARK F. WEBER, ing ethanol and additional tax contributions DEAR SENATOR NELSON: As you and your Executive Director. to state and local tax coffers. All these bene- colleagues prepare to continue the debate on fits are crucial to the economy of Nebraska a national energy policy, I want to take this ACE, and other states. opportunity to reiterate the importance of Sioux Falls, SD, March 5, 2002. Higher prices offered by ethanol plants for the proposed renewable fuel standard. I know Hon. BEN NELSON, cash grain helps support our farmers and re- you have been a longstanding supporter of U.S. Senate, Washington, DC. duces transportation of crops grown in the this concept but it is important that others DEAR SENATOR NELSON: I am writing to state. Local access to expanded grain mar- understand the profound impact this pro- thank you for your support for including a kets reduces the use of imported fuels and posal can have on our country. One example renewable fuels standard in the Senate en- lowers the transportation costs associated of the potential impact generated by the pro- ergy bill. The American Coalition for Eth- with grain marketing. These reduced costs posed national standard is clearly illustrated anol (ACE) was one of the first organizations are especially important during times of eco- in Nebraska. The ethanol development pro- to advocate the creation of a renewable fuels nomic hardship in the agricultural sector. gram adopted in Nebraska more than a dec- standard (RFS). In fact, I testified on behalf Theses are many reasons why a national ade ago has yielded a host of economic and of ACE in support of an RFS in front of the renewable fuel standard is of importance to environmental benefits. These include the Senate Agriculture Committee all the way the national economy. I urge you to con- following: back on April 11, 2000. As an organization tinue your strong support for the proposed Construction of seven grain processing that represents a broad, grassroots base, in- national renewable fuel standard and to con- plants that annually convert 20 per cent of cluding many farmer-owned ethanol plants, vey the importance of this standard to your the Nebraska corn and grain sorghum crop rural electric cooperatives and public power colleagues in the Senate. to clean burning ethanol and value-added districts, ACE feels that a renewable fuels Sincerely, protein products. standard that phases in ethanol demand over JOHN K. HANSEN, New capital investment in these facilities 10 years will allow more farmer-led ethanol President. that totals more than one billion dollars to projects to be developed. date. Additional investment is currently un- A renewable fuels standard will give the NEBRASKA CORN GROWERS ASSOCIATION, derway in new and existing plants. ethanol industry the certainty that it needs Lincoln, NE, March 6, 2002. More than 1,000 permanent jobs directly re- in order to continue to grow. It will give Hon. BEN NELSON, sulting from plant operations and more than farmers and bankers the assurance they need Hart Building, 5,000 induced jobs that support the ethanol in order to keep investing in new ethanol Washington, DC. industry. production. At the same time, a renewable DEAR SENATOR NELSON: As you prepare for Quality jobs in rural areas of the state. A fuels standard will also: create badly needed the debate on a national energy policy, I recent survey indicates that the average sal- jobs and economic development in rural want to re-state the importance of the pro- ary paid at ethanol plants in Nebraska is ap- areas; create opportunities for farmers to in- posed renewable fuel standard to Nebraska proximately $36,100. This salary level is sig- vest in the processing of the products they corn producers. I know you have been a long- nificantly higher than the average salary for are producing; and significantly reduce our time supporter of this concept but it is im- all job categories in the state. Quality jobs country’s dependence on foreign oil, much of portant that others understand the impact help retain skilled workers in rural parts of which we are importing from Iraq and other this proposal can have on the agricultural the state. This income, coupled with tax as- countries in the Middle East. economy, the environment, and on our coun- sessments on the plant, helps to diversify the Various studies have shown that there are try. The ethanol plants in Nebraska perhaps local tax base. no barriers to the implantation of a 5 billion best illustrate one example of the potential Higher prices and reduced transportation gallon renewable fuels requirement. Now, as benefits that can be generated by the pro- of crops grown in the state. This new demand the Senate begins work on its version of the posed national standard. The ethanol devel- for grain stimulates cash prices and provides energy bill, it is time that ethanol and bio- opment program adopted in Nebraska en- a local market. diesel be recognized for their ability to help couraged investment in new ethanol plants. Increased economic activity in other sec- provide for a secure energy future for the The investment in Nebraska ethanol plants tors. For example, a recent analysis by the United States. We thank you for your sup- yielded a host of economic and environ- University of Nebraska-Lincoln indicates port for a renewable fuels standard and will mental benefits. These include the expansion that the feeding of high protein co-products look forward to working with you to further of grain markets in the state, quality jobs in produced at ethanol plants yields improved expand opportunities for farmers and rural rural areas, displacement of imported gaso- gains in cattle. The study indicates that America. line, diversified local tax bases, and value- when fed as a wet ration, energy costs are Sincerely, added grain processing. saved and cattle weight gains are improved. TREVOR GUTHMILLER, Enactment of a renewable energy standard The economic impact of this activity is Executive Director. would provide a strong impetus for addi- measured at more than $41 million each year tional investment in new plants throughout in Nebraska. NEBRASKA FARMERS UNION, the country. New investment will yield addi- Improved air quality. Reductions of carbon Lincoln, NE, March 6, 2002. tional jobs, additional grain consumption, monoxide in the atmosphere are in part due Hon. BEN NELSON, expanded grain markets, increased output of to the use of ethanol enhanced fuels in Ne- Hart Building, clean burning ethanol and additional tax braska. In addition, a recent study by the Washington, DC. contributions to state and local tax coffers. University of Nebraska concludes that eth- DEAR SENATOR NELSON: As you prepare for These benefits are crucial to the economy of anol reduces aromatic levels in gasoline. the debate on a national energy policy, I Nebraska and other states. Retention of energy dollars in the state want to re-state the importance of the pro- Increased demand for ethanol tends to economy. There is no gasoline refined in Ne- posed renewable fuel standard to the Ne- stimulate higher prices for corn. Higher braska. Every gallon of gasoline must be im- braska Farmers Union. I know you have been prices bid by ethanol plants for cash grain ported from outside the borders of the state. a long-time supporter of this concept but it helps support our corn producers and reduces Displacement of gasoline with ethanol helps is important that others understand the im- transportation of crops grown in the state. retain dollars in our economy. pact this proposal can have on the agricul- Local access to expanded grain markets re- These are a few reasons why a national re- tural economy, the environment, and on our duces the use of imported fuels and lowers newable fuel standard is of such importance country. One example of the potential im- the transportation costs associated with to the Nebraska economy. More importantly, pact generated by the proposed national grain marketing. These reduced costs are es- the proposed standard offers the opportunity standard is clearly illustrated by the ethanol pecially important during times of economic to generate similar benefits nationwide. For plants in Nebraska. The Clean Air Act hardship in the agricultural sector. that reason, the 27 Governors that comprise Amendments of 1990 and the ethanol pro- These are numerous reasons why a na- the National Governors’ Ethanol Coalition gram adopted in Nebraska encouraged in- tional renewable fuel standard is of impor- stand firmly in their support of this proposed vestment in ethanol plants. The investment tance to the national economy, and to our standard. in Nebraska ethanol plants yielded a host of rural economy in Nebraska. On behalf of Ne- The proposed standard must be a key com- economic and environmental benefits. These braska’s corn producers, we commend your ponent of a new national energy plan. The include the expansion of grain markets in hard work and thank you for your strong standard presents us with an opportunity to the state, quality jobs in rural areas, dis- support for the proposed national renewable stimulate a significant national biofuels ef- placement of imported gasoline, diversified fuel standard. fort that will yield important economic, en- local tax bases, and the reduction of carcino- Sincerely, ergy, environmental and national security genic gasoline components with clean burn- MARK SCHWEERS, benefits. I urge you to continue your strong ing ethanol. Enactment of a renewable en- President. support for the proposed national renewable

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1819 fuel standard and to convey the importance Our plant has the capacity to produce are removed, the remaining cellulosic por- of this standard to your colleagues in the ASTM standard fuel from various feedstocks tion of the garbage is processed into ethanol. Senate. including soybean oil and spent cooking oil. More than 90% of the garbage is beneficially Sincerely, This new process is helpful in creating new reused or recycled instead of being landfilled TODD C. SNELLER. uses for agri-products and lessens our de- or incinerated. pendency on foreign oil suppliers, especially As a leader in the field of cellulose to eth- CHIEF ETHANOL FUELS, INC., the volatile Middle East Region of the world anol production, our company realizes the Hastings, NE, March 5, 2002. where we are under battle at the present importance of a strong renewable fuel stand- Hon. BEN NELSON, time. ard. We at Masada OxyNol TM are very much Hart Building, Biofuels can play a very important part in in favor of the inclusion of the renewable Washington, DC. the United States Energy Policy while help- fuel standard in the final energy bill. The DEAR SENATOR NELSON: As you prepare for ing agriculture at the same time. We cur- implementation of such a standard will be the debate on a national energy policy, I rently have several new projects under con- good for the nation. want to re-state the importance of the pro- sideration at other Griffin Industries loca- Thank you for all of your hard work to- posed renewable fuel standard to companies tions and will commit new capacities to the ward the establishment of the renewable fuel like Chief Ethanol Fuels. I know you have biodiesel market if biofuels are included in standard. been a long-time supporter of this concept, our nation’s energy future. Yours truly, but it is important that others understand Thank you for ‘‘carrying the flag’’ on DARYL E. HARMS, the impact this proposal can have on ethanol biofuels. If we can be of assistance, please Chief Executive Officer. companies and on our country. One example don’t hesitate to contact me. of the potential impact generated by the pro- Best Regards, FEBRUARY 22, 2002. posed national standard is clearly illustrated DENNIS B. GRIFFIN, SENATORS THOMAS A. DASCHLE, TRENT by our plant in Nebraska. The ethanol devel- Chairman. LOTT, JEFF BINGAMAN, FRANK H. MURKOWSKI, opment program adopted in Nebraska en- ERNEST F. HOLLINGS, AND JOHN MCCAIN, AND couraged us to invest in the Hastings plant. CHANGING WORLD TECHNOLOGIES, INC., REPRESENTATIVES J. DENNIS HASTERT AND Our investment has yielded a host of eco- West Hempstead, NY, March 5, 2002. RICHARD A. GEPHARDT: As you wrestle with the complex and vitally important energy nomic and environmental benefits. These in- Hon. BEN NELSON, bill now before the Senate and the subse- clude the expansion of our processing plant U.S. Senate, Hart Senate Office Building, quent House/Senate Conference, we ask that from 10 million gallons annual capacity to Washington, DC. you carefully consider the national and en- more than 60 million gallons capacity. At DEAR SENATOR NELSON: Although I am a ergy security aspects of this legislation in our plant, we convert Nebraska corn and resident of New York and not Nebraska, I order to reduce our reliance on oil. grain sorghum to clean burning ethanol and wanted to applaud your efforts in promoting renewable bio-fuels. I am the chairman of a The United States is almost out of oil, and value-added protein products. our dependence takes us places and forces us We continue to evaluate the investment of company that is building a bio-refinery in to do things that are not always in Amer- new capital in our facility when market con- Missouri, which will process turkey slaugh- ica’s national interest. The power of oil rein- ditions warrant. Enactment of a renewable terhouse waste into natural gas, oil and fer- forces the top of almost all societies and energy standard would provide a strong im- tilizer with no material remaining that re- that strength and privilege too often fails to petus for additional investment. New invest- quires disposal. Our patented technology, if applied broad- translate into policies and actions meeting ment yields additional jobs, additional grain the true needs of the people, their environ- ly, could replace all imported energy feed- consumption, increased output of clean burn- ment and their future. Perhaps the greatest stocks, thus insuring our energy independ- ing ethanol and additional tax contributions gift America can give to the world is to put ence. In addition to our Missouri plant, to state and local tax coffers. the power of oil into perspective. Our ethanol plant is an aggressive bidder which will be operational in August, we are We can use less oil to meet our needs in for local grain. Higher prices bid for cash building commercial plants to handle agri- smarter ways while advancing energy effi- grain helps support our farmers and reduces cultural waste in Nevada, Alabama, Georgia, ciency and renewable energy technologies. transportation of crops grown in the state. Arkansas and Colorado. Our process can also Europe is ahead of us in many these areas. The ethanol we sell at local terminals helps be applied to other organic wastes, such as Countries rich in oil and poor in dealing with to retain energy dollars in the state’s econ- scrap tires, waste plastic, sewage sludge and their people and their environment may then omy. Since no gasoline is refined in Ne- municipal solid waste. begin to take a more insightful look at their braska, we must import it from outside the We and others like us have commercial 20 year horizon and decide that their current borders of the state. Displacement of gaso- technologies, which can transform costly wealth can be better deployed. They should line with ethanol helps retain dollars in our waste materials into valuable energy prod- then be able to see that subjugation, ter- economy. ucts. With your support and that of other rorism, and war are not good investments for As the debate on the issues progresses, I like-minded senators, we can advance the current oil-derived wealth. would ask that a mechanism be included to commercial viability of the renewable fuels Here at home: America must reduce its de- assure year around blending and not just industry, enhance the quality of our environ- pendency on oil as we deplete our reserves Winter season. Smaller ethanol producers do ment, and replace imported oil as a signifi- and increase imports that will increasingly not have the storage capacity or financial cant energy source. You have our full sup- come from the Middle East, the Caspian wherewithal to store ethanol production dur- port in all of your efforts. Basin and Indonesia; we must accept our re- ing the 6 month Summer season. Best regards, sponsibility to reduce America’s greenhouse I urge you to continue your strong support BRIAN S. APPEL, gas and other harmful emissions largely for the proposed national renewable fuel Chairman and CEO. emanating from the combustion of fossil standard and to convey the importance of fuels; we must preserve for future genera- this standard to your colleagues in the Sen- MASADA, OXYNOL, tions and for strategic purposes, the last of ate. Thank you for your many years of Birmingham, AL, March 5, 2002. our oil reserves and pioneer the advancement strong support for ethanol. Hon. E. BENJAMIN NELSON, of non-petroleum transportation fuels; and Sincerely, Dirksen Office Building, we must disperse our energy production fa- ROGER BURKEN. Washington, DC. cilities and reduce our reliance on vulnerable DEAR SENATOR NELSON: I am writing to tell electrical grids and oil and gas pipelines. GRIFFIN INDUSTRIES, INC., you how pleased I am that a Renewable Fuel There are major opportunities for energy Cold Spring, KY, March 5, 2002. Standard proposal has been included in the efficiency, fuel economy and renewable en- Hon. BEN NELSON, Senate energy bill. I know that you are a ergy technologies like solar, wind, biomass, U.S. Senate, Hart Senate Building, strong supporter of the renewable fuel stand- geothermal, incremental hydro and hydro- Washington, DC. ard and I share your hope that it is enacted. gen. DEAR SENATOR NELSON: I wish to thank A renewable fuel standard will increase na- While these imperatives will come at a you for your continued support of the biofuel tional energy security, stimulate economic modest investment to our economy, they efforts and initiative that you are supporting growth and help protect the environment. will bring major returns and benefits: accel- in the upcoming discussion on the Senate The use of ethanol, a domestically produced erate the process of freeing us from our oil Energy Bill. fuel, will reduce our dependence on foreign dependency; honor our international envi- As you know, we are the major supplier of oil imports while adding much needed jobs in ronmental obligations; create major new do- biodiesel, a renewable energy source for re- the United States. Not only is ethanol an al- mestic industries and millions of jobs—espe- placement of petroleum diesel fuel, here in ternative to imported oil, it is cleaner burn- cially in rural America where opportunities Kentucky. We currently service the Midwest, ing and helps decrease air pollution by dra- for biomass, solar, wind and geothermal in- East Coast and Southeast regions of the matically reducing the production of green- dustries abound; take America out of the country with ASTM–121 high quality fuel to house gases. ‘‘rumble seat’’ and into the driver’s seat in many non-attainment air quality cities for Masada OxyNol TM has patented a unique establishing the world’s energy future; and use in buses and service vehicles and other process that converts household garbage into greatly strengthen our energy and national fleets delivering consumer goods of all types. fuel ethanol. After traditional recyclables security.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1820 CONGRESSIONAL RECORD — SENATE March 13, 2002 We are national security specialists and our solid support for the inclusion of a Re- denying California’s request for a waiv- energy security advocates of biofuels be- newable Fuel Standard (RFS) in S. 517 that er out of the Clean Air Act’s oxygen- cause of their ready potential to replace im- is being debated in the Senate. A commit- ation requirements. ported oil. We recommend: passage of a ment to a RFS is a commitment to making Upon taking office, President Bush meaningful renewable fuels and a renewable America energy independent. Our energy se- portfolio standard; increased efficiency curity is not a partisan issue and we hope quickly recognized that there was no standards for vehicles—and the use of that all Members of the Senate will put scientific or legal justification for the biofuels in these vehicles—and for facilities/ America first and vote yes on the RFS. waiver. He, in fact, had the courage to appliances using electricity; and extension of We believe the benefits from passing the take that action. It could have been the energy production tax credits for at least RFS are overwhelming. Even a modest RFS possible 2 years before, if President two years and include open-loop biomass, ag- that equals to about 3% (phased in over 10 Clinton had done likewise. During that ricultural and forestry residues, animal years) of the gasoline used in the U.S. would period of lost time, we had a damp- waste, solar and geothermal. reduce oil imports by 1.6 billion barrels over ening and a delaying of efforts, such as We ask that you give our convictions and the next decade. According to a recent study recommendations careful consideration in by AUS Consultants, reducing oil imports by we are having today, to successfully your deliberations. this amount will reduce our trade deficit by help our national security and our ROBERT C. MCFARLANE, nearly $34 billion while creating 214,000 jobs farm economy because these all benefit National Security Ad- and adding $51 billion to household income. from the increased ethanol use as an visor to President In addition, the RFS will create $5.3 billion oxygenate. Ronald Reagan. in new investment, much of it in rural Amer- President Bush, has turned out to be R. JAMES WOOLSEY, ica. Finally, the RFS provisions of S. 517 will the most pro-ethanol President we Former Director, Cen- provide flexibility for refiners to produce have ever had, and because he refused tral Intelligence. fuel more cost effectively while protecting to let the Clean Air Act unravel, he Admiral THOMAS H. the environment. MOORER, USN (Ret), The RFS is a standard, just like the stand- gave us the leverage necessary for this Former Chairman, the ards we have for automobile fuel economy or process, the negotiation of a new re- Joint Chiefs of Staff. the energy efficiency of appliances and build- newable fuel standard. Now we are ings. Congress has established these vision- back on track. GOVERNORS’ ETHANOL COALITION, ary goals for energy efficiency over many I thank Senator NELSON. I also thank Lincoln, NE, March 12, 2002. years as an integral part of our pubic policy. the senior Senator from Nebraska, Mr. Hon. TOM DASCHLE, The RFS simply says that it is good public HAGEL, because he provided persuasive Majority Leader, U.S. Senate, policy, and in our national interest for some leadership last fall in securing support Washington, DC. portion of our transportation fuel to be de- Hon. TRENT LOTT, rived from renewable resources. for his Senate Energy Committee Re- Minority Leader, U.S. Senate, It is time for America to take meaningful publican colleagues to get behind this Washington, DC. steps toward energy independence. A first, renewable fuel standard. DEAR SENATOR DASCHLE and SENATOR small step is to establish a RFS now. Put I also have said this has been a very LOTT: On behalf of the 27 members of the America first, vote yes on the RFS. bipartisan effort. Obviously, our major- Governors’ Ethanol Coalition, we are writing Sincerely, ity leader, Senator DASCHLE, has been to express our strong support for the provi- TIM HUME, involved in a very helpful way. During sions included in the Energy Policy Act of President. 2002 (S. 517), which will establish a national the negotiations conducted by Senator renewable fuels standard. Mr. GRASSLEY. Mr. President, I HAGEL, he provided constant assur- The provisions set forth in the Manager’s yield myself such time as I might con- ances that he would be supportive of Amendment to S. 517 reflect an agreement sume. this final product. negotiated over the last two years by the The PRESIDING OFFICER. The Sen- I compliment our Republican leader, states, agricultural interests, refiners, and ator is recognized. who comes from an oil-producing State the environmental community that will ad- Mr. GRASSLEY. Mr. President, I and who has been behind ethanol for dress such important issues as MTBE water wish to speak on the issue of ethanol contamination and the oxygenate require- several years, Senator LOTT, and also ment in reformulated gasoline while pro- and the renewable fuel standard, but Senator MURKOWSKI, the ranking mem- viding a significant market for renewable before I do, I compliment the Senator ber of the Energy Committee. Last fall, fuels such as ethanol and biodiesel. Specifi- from Arkansas for the simple reason they gave Senator HAGEL, myself, and cally, we support those provisions in S. 517 that she was the sponsor of the amend- other Senators their commitment, at that: create a national renewable fuels ment in the Senate Finance Committee least for the Republican side, that they standard, ensuring a growing part of our na- in which we adopted this as part of our would support this renewable standard. tion’s fuel supply, up to 5 billion gallons by tax incentives for renewable fuels. She Today, our Nation produces just 1.8 2012, is provided by domestic, renewable led the way in that committee. I was billion gallons of ethanol a year. The fuels; eliminate the use of MTBE in the United States within four years; eliminate happy to join her as the Republican renewable fuel standard will require the oxygenate requirement in the reformu- leader of that effort because not only that we use 2.3 billion. That is a one- lated gasoline program; and maintain the air will Arkansas benefit but half of our half-billion increase in gallons by the quality gains of the reformulated gasoline States raise some soybeans and they year 2004. Then it steadily increases up program. will benefit as well. So I compliment the ladder until it is a mandated use of By enacting these provisions, we will Senator LINCOLN. 5 billion gallons by the year 2012. strengthen our national security, displace I am pleased to join my colleagues in This sounds like just more and imported oil from politically unstable re- support of the renewable fuel standard, gions, stimulate ethanol and biodiesel pro- cheaper gas to burn. But it also will duction, expand domestic energy supplies, which is an example of true bipartisan improve air quality. It strengthens our and continue to reduce air pollution. cooperation in this body. It was a bi- national security, and it reduces our We encourage you to support these provi- partisan effort that made this possible. trade deficit. One-third of our trade sions and to resist any amendments that Obviously, Senator NELSON has already deficit is caused by the import of oil. It would alter this landmark agreement. been applauded by my colleagues. I will decrease our independence upon oil Sincerely, would say that as well. Not only since from dictators who aren’t reliable— BOB HOLDEN, he has been in the Senate but as Gov- Saddam Hussein. It will extend mar- Governor of Missouri, Chair. ernor of the State of Nebraska he kets for agricultural products in a way JOHN HOEVEN, helped, through the Governors’ Con- that we all want—value added. It cre- Governor of North Da- ference, cochairing issues of ethanol ates jobs in cities. kota, Vice Chair. for that conference. So he has been a A 1997 study by the Midwestern Gov- MIKE JOHANNS, leader in this area for a long time. ernors’ Conference—I would bet Sen- Governor of Nebraska, So I give my heartfelt thanks to him ator NELSON had something to do with Past Chair. and to others who were instrumental, this when he was Governor—deter- both directly and indirectly. Even mined that ethanol demand was re- NATIONAL CORN GROWERS ASSOCIATION, Washington, DC, March 13, 2002. though President Bush is not a member sponsible for over 195,000 jobs through- DEAR SENATOR: On behalf of the National of this body, I think he needs to be out the economy. Forty-two thousand Corn Growers Association, I want to express complimented in the first instance for of those jobs were located in Iowa.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1821 With the passage of the renewable fuels, we increase price elasticity in technology and our common sense to fuel standard, 214,000 new jobs are an- the event of supply disruption and thus increase the fuel economy of all of our ticipated. I expect a large portion of reduce the potential damage to our Na- vehicles. those would be in my State of Iowa. tion’s economy. To do otherwise leaves Thank you, Mr. President. Just last week, for instance, Quad us subjected to our current vulnerable The PRESIDING OFFICER. All time County Corn Processors, a cooperative situation where, again, according to has expired. in the small town of Galva, IA, began the Department of Energy, ‘‘For every AMENDMENT NO. 2997 production at their new 18-million-gal- one million barrels per day of oil dis- Under the previous order, the hour of lon ethanol facility. Iowa now has nine ruption, world prices could increase by 11:30 having arrived, there now will be ethanol plants and five more are under $3 to $5 per barrel.’’ 20 minutes equally divided on the construction. In closing, I emphasize that 1 million Levin amendment No. 2997. The Iowa Corn Growers Association barrels per day is a mere 5 percent of Who yields time? provided me an analysis of the eco- U.S. oil consumption. Yet this very The Senator from Michigan. nomic impact of seven new Iowa farm- small amount would cause price hikes Mr. LEVIN. Mr. President, I would er-owned ethanol plants in our State, of 10 to 25 percent if oil were $20 per assume that I would be dividing the two of which have been completed and barrel. A little in alternatives, such as time in support of the amendment equally with my cosponsor from Mis- five are under construction. Over 4,000 ethanol—or we could even say bio- souri, and we would each control 5 min- farmers have invested in these facili- diesel—can go a long way toward pro- utes of the 10 minutes on our side. So ties. These are farmers helping them- tecting all consumers from OPEC ef- selves in a cooperative way. The facili- I yield myself 2 minutes. forts of price gouging. The PRESIDING OFFICER. The Sen- ties will create 170 new jobs. While I thank my colleagues for working ator is recognized for 2 minutes. Iowa currently produces 500 million together in this bipartisan effort, Mr. LEVIN. Mr. President, our bipar- gallons of ethanol each year, these new which is good for the economy, good tisan alternative to the Kerry-Hollings facilities will add 150 million gallons for the environment, good for jobs, and language in the substitute before us is more. good for energy independence. aimed at increasing fuel economy, According to the Iowa Corn Growers, As I so often say to describe ethanol, helping to protect the environment, corn prices will increase 5 cents per it is good, good, good. and decreasing our dependence on for- bushel for every 100 million bushels of The PRESIDING OFFICER. The Sen- eign oil but doing it in a way which corn processed. Therefore, these seven ator from Nebraska. does not harm the domestic manufac- Mr. NELSON of Nebraska. Mr. Presi- new farmer-owned ethanol facilities turing industries. alone will increase corn prices by 3.5 dent, I yield the remaining time to the We have a three-point policy, basi- cents. distinguished Senator from the State cally: One, we provide that we will in- Every year, about 175 million bushels of Florida. crease fuel economy. Two, we have of Iowa corn are processed into eth- Mr. NELSON of Florida. Mr. Presi- greater emphasis on positive incentives anol. This in turn adds about $730 mil- dent, first of all, alternative fuels and to produce and to purchase fuel-eco- lion per year to the income of Iowa ethanol are the subject of the instant nomic vehicles. We do this through farm families. It adds up to $1.7 billion amendment, but I think we have to use joint research and development funds of increased economic activity in our our creativity and our technology in which we would increase over the State. order to approach the overall energy amount requested by the administra- As I mentioned today, we produce na- crisis. tion. We would do this through manda- tionwide about 1.8 million gallons of If a terrorist sinks a supertanker in tory Government purchases of hybrids. ethanol. When fully implemented, the the Straits of Hormuz, which are only And we would also do this through in- bipartisan compromise in this bill—the 19 miles wide, we are going to see a creased tax credits above those pro- renewable fuel standard—will almost major disruption in the flow of oil to vided by the Finance Committee. triple production. the industrialized world, and we will But the third part of our policy is Economic analysis by A–U–S Con- have wished we had used our tech- that many factors should be considered sultants found that this legislation will nology and our creativity to reduce our in raising the CAFE requirement. It displace over 1.6 billion barrels of oil, dependence on that foreign oil by doing should be raised. And our amendment increase farm income by almost $6 bil- things that have worked to save our oil says that it will be raised, but it would lion annually, increase household in- consumption in the past, like increas- be raised, under our amendment, not in come by $52 billion per year, and create ing the miles per gallon of the auto- an arbitrary way, not just by adopting over 214,000 new jobs nationwide. mobiles we drive. We have the know an arbitrary number on the floor of the I also would like to share with my how to do that. Senate, but, rather, by telling, in the colleagues the finding of a study pro- It just amazes me that we have the first instance, the Department of duced 2 years ago by the Department of technology to, for example, produce a Transportation to look at all of the Energy entitled ‘‘The Impacts of Alter- car which will go 80 miles per gallon factors which should be considered in native and Replacement Fuel Use On and yet we are still so balled up in our adopting a new CAFE standard—many Oil Prices.’’ The study found that ‘‘cur- politics that we may not pass an initia- factors, including safety, including rent use of alternative and replacement tive that calls for moderate increases cost, including competitiveness of fuels is estimated to reduce total U.S. in the fuel efficiency of our nation’s manufacturers. petroleum costs by about $1.3 billion automobiles. The modest increases The National Academy of Sciences per year.’’ called for by the Kerry-McCain initia- has specifically said that there is a It is very important to understand tive would achieve three goals of par- safety tradeoff. That is what they have that these alternative fuels—primarily ticular importance to our nation in found. The opponents of our amend- MTBE as well as ethanol—made up this time of war: lessen our dependence ment say it is a flawed study. OK. We only 2.71 percent of our total motor on foreign oil, reduce gasoline costs for disagree with that. But, nonetheless, if fuel use. I want to say to naysayers consumers and protect the environ- it is a flawed study, the National Acad- who criticize efforts to expand alter- ment by reducing toxic air emissions emy of Sciences has also then said, the native sources of motor fuels that the and carbon dioxide emissions, which National Highway Traffic Safety Ad- evidence proves that even small contribute to global warming. Increas- ministration should continue their amounts of alternative motor fuels can ing CAFE can achieve these goals- work in this area. But, point blank, the generate huge savings to consumers. which are particularly important to National Academy of Sciences says The Department of Energy study our nation’s security now that we are there is a tradeoff. went on to estimate that if we increase in a battle against terrorists around I yield myself an additional minute. our alternative motor fuels use by just this globe. The PRESIDING OFFICER. The Sen- 10 percent by the year 2010, consumers So I wanted to add my voice, hope- ator is recognized. will save $6 billion per year. By in- fully, as a voice of reason, to get our Mr. LEVIN. In the year studied, 1993, creasing the use of alternative motor representative body to start using our they found between 1,300 and 2,600

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1822 CONGRESSIONAL RECORD — SENATE March 13, 2002 deaths and 13,000 and 26,000 injuries. not act today to try to restore nor- ing into account several factors: tech- They said these deaths and injuries malcy to the NHTSA process, Congress nological feasibility, economic prac- were a painful tradeoff that resulted will always either block or act to set ticability, other vehicle standards such from CAFE. The opponents of our CAFE standards, every 20 years or so, as those for safety and environmental amendment do not consider safety. when the political will is sufficient to performance, the need to conserve en- They just say the study is flawed. That do so. NHTSA will never be able to ergy, and the recommendations of the is their answer. carry out the normal process of review- National Academy of Sciences. I want What about the discriminatory im- ing and incrementally improving fuel NHTSA to fully and fairly evaluate all pacts of CAFE? efficiency for automobiles and light the criteria, and then make an objec- The National Academy of Sciences trucks, as Congress originally intended tive recommendation on the basis of again says that one concept of equity when it passed the CAFE law in the those facts. I expect NHTSA to consult among manufacturers requires equal 1970s. with all interested parties—unions, en- treatment of equivalent vehicles made Both interest groups battling over vironmental interests, auto manufac- by different manufacturers. We do not the CAFE issue, the auto manufactur- turers, and other interested Wisconsin have equal treatment of equivalent ve- ers and the environmental community, citizens in developing this rule. And, I hicles made by different manufacturers have switched their positions in this expect NHTSA to act, and if it does under the language that is in the sub- debate on this bill. The auto industry, not, this amendment requires Congress stitute of Senator KERRY and Senator who once wanted CAFE perpetually to act on a standard. HOLLINGS. It treats equally-efficient frozen with a rider, now support the In opposing the Levin-Bond amend- vehicles differently and discriminates, Levin amendment. The environmental ment, some subscribe to the view that thereby, against American jobs and the community, who once opposed the NHTSA has a particular agenda and American industry. rider and wanted NHTSA to act, now will recommend weak standards. I do I yield the floor. wants Congress to set the standard not support that view, just as I could The PRESIDING OFFICER. Who rather than NHTSA. With my vote, I not support retaining the CAFE rider yields time? am committing to a consistent posi- in law. Mr. LEVIN. Mr. President, I yield 1 tion. Let me explain the evolution of NHTSA should be allowed to set this minute to my colleague from Michi- that position. standard. Congress is not the best gan. Months prior to the midterm elec- forum for understanding whether or The PRESIDING OFFICER. The Sen- tions in 1994, NHTSA published a no- not improvements in fuel economy can ator from Michigan. tice of possible adjustment to the fuel and should be made using existing Ms. STABENOW. I thank my col- economy standards for trucks before technologies or whether emerging league from Michigan. the end of the decade. The following technologies may have the potential to Mr. President, it is important to em- year, however, the House-passed improve fuel economy. Changes in fuel phasize today that this debate is not version of the FY1996 Department of economy standards could have a vari- about whether or not we will increase Transportation Appropriations bill pro- ety of consequences. I seek to under- vehicle fuel efficiency. We are not ar- hibited the use of authorized funds to stand those consequences and to bal- guing for a freeze on CAFE standards. promulgate any CAFE rules. The Sen- ance the concerns of those interested What we are saying is that we need to ate version did not include the lan- in seeing improvements to fuel econ- do this in the best way possible. This guage, but it was restored in Con- omy as a means of reducing gasoline needs to be something where we win ference. Much the same scenario oc- consumption and associated pollution. environmentally and we win in terms curred in the second session of the In the end, I would like to see that of the economy and jobs. 104th and the first session of the 105th Wisconsin consumers, indeed all con- That is what this substitute does. It Congresses. In both those sessions, a sumers, have a wide range of new auto- is comprehensive. It moves vehicle fuel similar rider was passed by the House mobiles, SUVs, and trucks available to efficiency forward. It creates the mar- and not by the Senate, but included by them that are as fuel efficient as they ket incentives and the support to make the Conferees and enacted. However, can be while balancing energy concerns sure we have what is necessary in the growth in gasoline consumption with technological and economic ef- terms of infrastructure for these new and the size of the light-duty truck fects. That balancing is required by the vehicles. It moves us in the right direc- fleet were concerns cited behind intro- law. I fully expect NHTSA to proceed tion. duction in the Senate of an amendment with the intent of the law to fully con- I simply urge my colleagues to vote to the bill expressing the Sense of the sider all those factors, and this amend- for this amendment, to support in- Senate that the conferees should not ment ensures they do so. creased vehicle fuel efficiency, and a agree to the House-passed rider for In supporting this amendment, I vibrant, economically healthy U.S. FY2000. The amendment, sponsored by maintain the position that it is my job auto industry. We do both through this the former Senator from Washington, to ensure that the agency responsible amendment. Mr. Gorton, and the Senator from Cali- for setting fuel economy be allowed to Mr. FEINGOLD. Mr. President, I am fornia, Mrs. FEINSTEIN, was defeated in do its job. I expect them to be fair and voting in favor of the Levin-Bond the Senate on September 15, 1999, by a neutral in that process, and I will work amendment, and I want to explain my vote of 55–40, and the rider was once with interested Wisconsinites to ensure views in detail. Fuel efficiency is a again enacted into law. that their views are represented and critically important issue for our coun- As I stated on the Senate floor in the that the regulatory process proceeds in try, for my home State of Wisconsin, debates on the CAFE rider on June 15, a fair and reasonable manner toward and for our future. I remain committed 2000, my vote was about ‘‘Congress get- whatever conclusions the merits will to the goal that significant improve- ting out of the way and letting a fed- support. ments in automobile and light truck eral agency meet the requirements of Mr. VOINOVICH. Mr. President, as fuel efficiency can be achieved over an federal law originally imposed by Con- co-chairman of the Senate Auto Cau- appropriate time frame. Some will gress.’’ I supported removing the rider cus, I am pleased to join with my col- argue that my vote for Levin-Bond is a because I was concerned that Congress leagues, Senator LEVIN and Senator vote against increasing the corporate has for more than 5 years blocked BOND, in offering this CAFE standards average fuel economy, CAFE. I do not NHTSA from meeting its legal duty to amendment to the energy bill. This is share that view. evaluate whether there is a need to truly an important issue; one that im- The Levin-Bond amendment seeks to modify fuel economy standards. pacts upon our Nation’s economy, our renew the Department of Transpor- As I made clear then, I have made no environment and the safety of the trav- tation’s role in setting CAFE standards determination about what fuel econ- eling public. acting through the National Highway omy standards should be, though I do There is no doubt that each of us Traffic Safety Administration, NHTSA, think that an increase is possible. wants the automobile industry to part of the Federal Department of NHTSA has the authority to set new make cars, trucks, SUVs and minivans Transportation, DOT. If Congress does standards for a given model year, tak- that are as energy efficient as possible.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1823 Not only is it good for the environ- produce a large number of light trucks Our amendment also requires that ment, it also means more money in the because a combined fleet average will the Department of Transportation pocket of the American consumer be- factor in both the fuel efficiency aver- complete the rulemaking process that cause they spend less at the gas pump. ages of passenger cars and light trucks would increase fuel efficiency stand- However, I am deeply concerned that by a manufacturer. ards within 15 months for light trucks, the extreme Corporate Average Fuel And, because truck, SUV and and 24 months for passenger cars. If the Economy (CAFE) standard included in minivan demand is not expected to de- Administration doesn’t act within the the pending energy bill will have a dev- crease anytime soon, automakers that required timeframe, Congress will act, astating effect on public safety, as well are meeting this demand will either under expedited procedures, to pass as put a severe crimp in the manufac- have to manufacture and sell a high- legislation mandating an increase in turing base of my state of Ohio. gas mileage vehicle that likely does fuel economy standards consistent For the first time in American his- not exist now, or cut the production of with the same criteria that the Admin- tory, new vehicle sales of trucks, SUVs the trucks, the SUVs and the minivans istration must consider. and minivans in 2001 outpaced the sale that American consumers want. This The amendment will also increase of automobiles. This remarkable result will only increase prices for the safe the market for alternative powered and can be attributed to a number of fac- vehicles America wants. hybrid vehicles by mandating that the tors, but one reason that is often cited Ohio is the number two automotive federal government, where feasible, is the fact that these vehicles are seen manufacturing state in America, em- purchase alternative powered and hy- as safer. ploying more than 630,000 people either brid vehicles. Indeed, when asked why they bought directly or indirectly. I’ve heard from a This mandate is nothing new. The their particular vehicle, truck, SUV number of these men and women whose federal government, under the Energy and minivan owners overwhelmingly livelihood depends on the auto industry Policy Act of 1992, is already required stated that they simply felt safer than and who are frankly very worried to maintain a covered fleet of 75 per- they would have in a regular sedan or about their future. I have met with cent of alternative fuel vehicles. This compact car. members of the United Auto Workers, amendment will simply increase the Overall, Mr. President, our roadways and executives from the major auto- amount to 85 percent for covered fleets are safer. In fact, safety statistics show mobile manufacturers about the CAFE and require the purchase of hybrid ve- that the numbers of automobile fatali- hicles for fleets that currently are not ties are at historic lows while total ve- proposal and there is genuine concern covered. There are waivers that allow hicle highway miles traveled has risen. that the provision in the bill could the federal government to purchase According to the National Highway cause a serious disruption in the auto traditional fueled vehicles where nec- Traffic Safety Administration industry resulting in the loss of tens of (NHTSA), there were 1.5 fatalities per thousands of jobs across the Nation. essary. However, I believe that this guaran- 100 million vehicle miles traveled in The Levin-Bond-Voinovich amend- teed market will encourage the auto 2000, while in 1999, the rate was 1.6 per ment is a rational proposal that will industry to increase their investment 100 million vehicle miles traveled. Ten keep workers both in Ohio and nation- in research and development with an years earlier, in 1990, the rate was 2.1 wide working, allowing these men and per 100 million vehicle miles traveled. women to continue to take care of eye towards making alternative fuel Part of the reason traffic fatality rates their families and educate their chil- and hybrid vehicles more affordable, have continued to drop can be attrib- dren while also encouraging greater available and commercially appealing uted to the fact that vehicles are being fuel efficiency and safer vehicles. to the average consumer. Additionally, a federal fleet of alter- made safer. Our amendment calls for the Depart- However, some in this body are indi- ment of Transportation to increase fuel native fuel and hybrid vehicles will re- rectly proposing that we give up the economy standards based on the fol- sult in an improved infrastructure for safety accomplishments we have at- lowing factors: these vehicles and encourage a com- tained in order to achieve an arbitrary The need to conserve energy; mercial growth in such infrastructure fuel efficiency standard for automobile Economic practicability; as well. vehicles. The effect of other government Our amendment will not cause shift- As my colleagues know, the provision motor vehicle standards on fuel econ- ing within the auto manufacturing in- included in the energy bill sets the omy; dustry. It does not pretend that Con- CAFE standard at a combined fleet av- The desirability of reducing U.S. de- gress has the scientific expertise to de- erage of 35 miles per gallon by 2015. pendence on foreign oil; termine the best mile-per-gallon in- Under current law, light truck fleets The effect on motor vehicle safety; crease for both light trucks and pas- and passenger cars make up two sepa- The effects of increased fuel economy senger cars, a number which currently rate fleet distinctions with different on air quality; would unfairly punish the auto compa- mile-per-gallon requirements for each. The adverse effects of increased fuel nies and auto workers who build what The existence of two separate fleets economy standards on the relative consumers want—larger cars and recognizes that passenger cars and competitiveness of manufacturers; trucks. light trucks are different vehicles that The effect on U.S. employment; I urge my colleagues to support our require different capabilities. However, The cost and lead-time required for amendment. It meets our environ- the enactment of a combined fleet av- introduction of new technologies; mental, safety and economic needs in a erage would ignore this distinction. The potential for advanced tech- balanced and responsible way, contrib- We also need to ask what the sci- nology vehicles (such as hybrid and uting to the continued and needed har- entific basis is for the 35 mile-per-gal- fuel cell vehicles) to contribute to sig- monization of our energy and environ- lon threshold? What rational expla- nificant fuel usage savings; mental policies. nation is there for the magic number The effect of near-term expenditures Mr. INHOFE. Mr. President, I want ‘‘35,’’ or was that number simply fab- required to meet increased fuel econ- to take some time to explain to my ricated? omy standards on the resources avail- friends the importance of the CAFE de- To achieve this standard, the auto in- able to develop advanced technology; bate to the people of Oklahoma. dustry would have to modify their Technological feasibility; and Today most of the people in Okla- manufacturing base, and produce an The report of the National Research homa buy light trucks, sports utility automotive fleet that will in all likeli- Council, entitled ‘‘Effectiveness and vehicles, and minivans. They are what hood require greater use of lighter ma- Impact of Corporate Average Fuel you see on the road in Oklahoma. In terials. Lighter materials will defi- Economy Standards,’’ issued in Janu- fact, they are what Americans all over nitely help increase fuel efficiency, ary 2002. the country are buying. however, it will also make those auto- I believe this is a much more respon- Last year national sales of light mobiles less safe. sible approach than picking a number trucks, sports utility vehicles and The provision in the bill also will be arbitrarily—literally, it seems, out of minivans outpaced cars for the first damaging to auto manufacturers that thin air. time, and since 9–11 there has been a

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1824 CONGRESSIONAL RECORD — SENATE March 13, 2002 spike in sales of these vehicles. We tion of Manufacturers; American High- nomically responsible vote—to miti- have hard data showing us that this in- way Users Alliance; Alliance of Auto- gate our exposure to foreign oil and crease is due to Americans’ desire for mobile Manufacturers; American Farm economically devastating price safety, comfort, and utility. Bureau Federation; Union Pacific. shocks—they would have acted today In the 2001 Customer Satisfaction Competitive Enterprise Institute; to increase our fuel efficiency stand- Study, Maritz Marketing Research, American International Automobile ards. Inc. surveyed 83,196 new vehicle buyers. Dealers Association; Motor & Equip- I believe many in this Chamber agree When asked what vehicle attributes ment Manufacturers Association; on the theoretical goals of this bill—in- were ‘‘Extremely Important’’ in their Original Equipment Suppliers Associa- creased energy independence, diver- purchase decision, gas mileage ranked tion; Delphi Automotive Systems; sification or our energy resources and 15th on car buyers’ lists, behind such Automotive Coalition for Traffic Safe- improving the energy efficiency of our things are reliability, value for the ty; National Marine Manufacturers As- economy. But my colleagues must real- money, durability, and safety features. sociation. ize that to meet these goals we must 43 percent rated gas mileage as ‘‘ex- Small Business Survival Committee; address both supply-side and demand- tremely important’’ vs. 70.6 percent for National Cattlemen’s Beef Association; side of the equation. And we cannot reliability, 59.3 percent of value, 59.2 American Horse Council; American wait to take action. percent for durability, and 57.3 percent Recreation Coalition; Associated Gen- Simply cranking up oil production for safety features. eral Contractors of America; Auto- and ignoring the efficiencies at our fin- When asked the same question, motive Coalition for Traffic Safety; gertips will ensure that we will be in truck, SUV, and full-size van owners Coalitions for America; Coalition for the same place 20 years from now—or ranked gas mileage 32nd on their list of Vehicle Choice; National Association worse yet, even more dependent on for- ‘‘extremely important’’ items, below of Plumbing, Heating and Cooling. eign sources of oil. safety features, interior roominess, General Motors; Ford Motor Com- Estimates suggest that if the status passenger seating, and cargo space, pany; Daimler Chrysler; Toyota; Nis- quo is maintained, our dependence will among others. 29.8 percent rated gas san, Volkswagen; BMW; Mazda; Fiat; grow from 51 percent today, to 64 per- mileage as ‘‘extremely important’’ vs. Isuzu; Mitsubishi Motors; Porsche; cent in 2020. If the status quo is main- 51.4 percent for safety features, 41.9 Volvo; National Association of RV tained, we will be asking ourselves the percent for interior roominess, 38 per- Parks and Campgrounds. same questions about economic and en- National Grange; National Truck cent for passenger seating, and 36.8 per- ergy security as we are asking our- Equipment Association; Recreation Ve- cent for cargo space. selves today. hicle Industry Association; Specialty A governmental mandate flies in the I believe that the CAFE provision Equipment Market Association; Na- face of Americans’ desire for these very proposed by Senator KERRY and Sen- tional Four Wheel Drive Association; attributes: safety, utility, and comfort. ator MCCAIN, like its predecessor in Business Round Table; AFL/CIO. 1975, would have gone a long way to- A mandate against the will of the Please join me in supporting the American people is not the way we do ward meeting the multiple goals of the compromise crafted by Senators LEVIN things in government of the people, by overall energy bill. In addition to the and BOND. the people and for the people. Ms. CANTWELL. Mr. President, I energy security and environmental As far as jobs and economics, a typ- rise today to express my disappoint- benefits I’ve already mentioned, it ical assessment comes from Dr. Robert ment with the Senate’s inability to act would have protected consumers W. Crandall, Senior Fellow in the eco- on the important issue of corporate av- against disruptions in oil supplies that nomic study program at the Brookings erage fuel economy standards for our increase the cost of a gallon of gaso- Institution notes that the current pro- Nation’s vehicles. Addressing the line. posal would cost the United States transportation sector’s consumption of The current CAFE standard—which something like $17 or $18 billion a year fossil fuels is an integral part of any has saved 14 percent of fuel consump- in lost consumer surplus. This loss of energy policy designed to meet the tion from what it would have been jobs and damage to our economy is un- needs of our 21st century economy. without CAFE—has not been updated acceptable when this mandate will also I continue to believe that raising in 20 years. By increasing fuel economy cost lives and fly in the face of Ameri- CAFE standards is absolutely critical standards, consumers would travel far- cans’ free choice of vehicles. in promoting more efficient fuel use— ther on a gallon of gasoline than ever On safety, we have the scientific thus weening this nation from its de- before. Since the introduction of the analyses of our National Academy of pendence on foreign oil—while con- first CAFE standards in 1975, vehicle Science and our National Highway tinuing to meet our transportation operating expenses have been halved, Traffic Safety Administration, as well needs. At the same time, CAFE stand- mostly due to decreased expenditures as numerous analysts. ards promise environmental benefits on gas and oil. For example, in 1972, Ralph Nader and savings for consumers. Despite Increasing fuel efficiency has a sec- and Clarence Ditlow published a book what some in industry might suggest— ond impact, which is to help to stimu- entitled Small on Safety. Page after suggestions that harken back to Con- late the American economy by keeping page has such statements as, ‘‘Small gress’ first debate on CAFE in 1975, dollars at home. At present, Americans size and light weight impose inherent when some claimed the current stand- spend over $300 million dollars per day limitations on the degree of safety that ards would render this Nation’s auto on foreign oil. By reducing how much can be built into a vehicle.’’ manufacturers extinct—I believe we of that oil we consume, Americans save After all is said and done, drivers and have the technologies and the Amer- billions of dollars a year at the gas passengers are safer and do better in ican ingenuity necessary to meet the pump. This money would be available crashes about 98 percent of the time goals set out by tougher CAFE stand- for reinvestment in our own economy when vehicle weight is greater. A Fed- ards. and to help improve the lives of Amer- eral Government mandate to cut the Transportation accounts for 67 per- ican families. weight of vehicles is going to cost cent of U.S. oil consumption and one- Opponents of CAFE standards have lives. I want safe Oklahomans and third of U.S. greenhouse gas emissions. argued that increased fuel efficiency therefore oppose CAFE mandates. Clearly, improving the efficiency of the will result in decreased vehicle safety. The following groups oppose the U.S. vehicle fleet would serve the pub- To the contrary, provisions to main- Kerry/McCain CAFE provisions because lic interest by reducing individuals’ ex- tain vehicle safety are written directly they are bad for safety, utility, per- posure to fluctuations in oil prices and into the language. Furthermore, by formance, consumer choice, and jobs: emitting fewer of climate changing bringing SUVs and light trucks under United Auto Workers; U.S. Chamber greenhouse gases. the rubric of the CAFE standard, CAFE of Commerce; National Automobile To me, the numbers suggest a very will without question save lives. Dealers Associations; American Iron clear choice. Opponents also argued that CAFE and Steel Institute; Association of If my colleagues truly wanted to standards hurt the American auto in- American Railroads; National Associa- take the environmentally and eco- dustry and American workers.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1825 In reality, a high fuel economy about her concerns about the safety Automobile makers produce 50 dif- standard would put existing tech- issue, and that was the point she em- ferent automobiles that get 30 miles nologies into vehicles and spur techno- phasized. That is certainly understand- per gallon or better. Anybody can go to logical innovation—something in able. a dealer today if they want to and which American industry is a proud The Levin-Bond amendment would be drive home a very fuel-efficient auto- leader. The CAFE proposal provided for what we would do instead of the Kerry mobile, but small cars make up only 14 gradual improvement in fuel economy provision which adversely affects em- percent of the market. over time, allowing manufacturers the ployment, safety, and consumer choice. Today’s light truck gets better gas opportunity to retool processes and re- I think the Levin-Bond amendment is a mileage than a subcompact car from design product lines over time. Con- much wiser way to proceed. the 1970s. Progress is being made. I do sumer fuel savings and technological The National Academy of Sciences pay attention to it. The SUV I own and innovation will lead to an infusion of CAFE report declared there will be drive in the Washington, DC, area is capital in local economies and invest- more deaths and injuries if fuel econ- the Honda SUV. It is actually my ments in the auto industry, making omy standards are raised too fast with- wife’s car. I have to confess that be- U.S. vehicles competitive in a global out proper consideration given to how cause I always insist on still driving an market and creating—not destroying— that is going to be done and what im- American-made automobile. But a lot jobs. pact it might cause. of these automobiles now are made by The first time around, CAFE was cre- This amendment, the Levin-Bond Honda and Nissan and Hyundai and ated in response to rising oil prices. amendment, is supported by labor, the Toyota. They are international compa- Today, volatility in the oil market UAW, the Chamber of Commerce, the nies, as are our domestic companies. So continues to be a concern, along with AFL–CIO, the National Association of are all these other companies. our energy security and the environ- Manufacturers, the Farm Bureau, auto- I do pay some attention to what I mental impact of fossil fuel emissions. mobile dealers, and over 40 other orga- choose to drive and the fuel efficiency We had before us an opportunity to al- nizations, but, more importantly, by that it gets in the District of Colum- real people in the real world, people leviate threats to our national energy bia. who do worry about safety, people who and economic security posed by foreign There also is no magic technology. I do have needs for a van or an SUV or a oil dependence, while protecting our think progress is being made. But if pickup truck who refuse to be rel- environment and taking a positive step you had the technology to go imme- egated to an automobile such as the in the battle to mitigate greenhouse diately to an automobile that got this one shown in this picture. This type of gas emissions. Now is the time to make fuel efficiency number picked out of car may be fine in Boston or Chicago, these changes. the sky without sacrificing a lot of but it is not fine in Lucedale, MS, or I thank Senator KERRY and Senator other very important factors, such as Des Moines, IA, or a lot of other places MCCAIN for their leadership on this safety and comfort and the needs of the around this country. People have to issue. I want to add that I agree with consumers, you would do that. drive long distances. They have large my colleague from the Energy Com- There are those who say technology families. is going to make it possible for us to mittee, Senator CARPER, who has sug- In my case, when I move my family have much more fuel efficiency with- gested that we should—we must—re- around now, I have a choice. I have a out reducing the waste and size of the turn to the issue of CAFE standards be- bigger automobile, an SUV. I worry automobile. I have faith in American fore we finish our work on this bill. about safety. And I worry about strap- technology. I think we will get there. Hopefully, we will all come to our ping in the grandchildren properly, We are headed there. That option will senses. making sure they are going to be safe. be there. But I still don’t understand The PRESIDING OFFICER. Who And I even worry about making sure yields time? that third seat is secured properly. why we should be trying to mandate The minority leader. I have a choice. I either can take two the laws of physics and require that Mr. LOTT. Mr. President, I know vehicles, the SUV or the van—one of these things happen. there is a limited amount of time them being a bigger one—or I can take I heard one of the Senators the other available, and it has been equally di- three automobiles. How much gas have day saying that the goal is to use less vided, so I would like to speak briefly you saved? foreign oil. I agree with that. This is a and use leader time so it will not count This whole area astounds me. Let’s national security question. That is why against the time that has been re- talk about what real people do when this bill is important. I have another served. they have a choice. After all, this is alternative. While we do want to en- The PRESIDING OFFICER. The Sen- still America. We should be able to courage conservation and look at alter- ator is recognized. make our choices. We should not have native fuels, I also don’t want us to Mr. LOTT. Mr. President, I rise in the Federal Government saying you take actions that basically mandate very passionate support of the Levin- are going to drive the purple people that in America you have to use less. Bond amendment. I know very good eater shown here. I am not picking on We have a lot of domestic oil that we work has been done on this amend- this manufacturer. In fact, purposely I can use, natural gas, hydroelectricity, ment, and it is based on sound science wanted to have a car that is hard to nuclear. We have to have more, not and solid data. It seems to me that is identify. This is basically in Europe. just less. the way to go instead of just picking a And when I was over there, I saw these If we conserve and produce more, number out of the sky, whether it is 32 little cars. I saw people pick them up America can continue to grow. That is or 35 or 37 or moving the years up or and set them over into parking spaces. what we want. We want a growing down. It seems to me it would be wiser I also was trying to figure out how I economy. If you don’t have the energy to have decisions about the miles-per- was going to get my 6 foot 21⁄2 inch supply, you are not going to have the gallon requirements done in a respon- frame in this automobile. economic development you want. sible way, having been studied by the So what do real people do when they CAFE standards have not reduced proper entity and based on science and have a choice in America? Well, the 10 imported oil. We started to put these solid data. most fuel-efficient cars account for standards in place back in the 1970s. Of course, the organization to do that only 1.5 percent of automobiles sales. Yet as the efficiency has gotten better, is NHTSA. They have the expertise to Americans value fuel economy, but it the use of foreign oil has not gone analyze the numbers and consider all ranks far behind other very important down. It has been steadily going up. that should be involved here: the jobs competing values, such as safety, com- Now we are dependents for 59 percent that might be affected, technology, fort, utility, and performance. of our energy needs supplied by foreign how soon this improved fuel efficiency A recent survey of attributes con- oil. That is a dangerous concept. We could be obtained, and safety. Safety is sumers look for when buying a new should produce more here while we are a big issue. automobile found that fuel economy also conserving. I heard Senator MIKULSKI from Mary- ranks 25th out of the 26 vehicle at- I personally think the CAFE program land on the radio this morning talking tributes they were looking for. is a flawed program. I don’t think we

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1826 CONGRESSIONAL RECORD — SENATE March 13, 2002 ought to be issuing these mandates. I this issue. I recall several years during should not get an SUV because Con- urge my colleagues to vote for the which we passed in the Congress prohi- gress decided that would be a bad Levin-Bond approach. It is the respon- bitions against the administration, choice. I just came from a news con- sible way. It will be based on some- through NHTSA, even considering a ference with Martha Godet, who ex- thing done by an entity in the Govern- change in CAFE standards. That plained last week that she wanted a ment that has the responsibility to get doesn’t seem particularly consistent to minivan to carry her two preteen sons it done. I am not even sure right now me with a reliance on sound science and one baby to various events. Her what may be offered later on today, and sound data. The truth is, the Re- story in the newspaper was countered perhaps by Senators KERRY or MCCAIN publican leader has set up a totally by one of my colleagues on the other or others. If we don’t even know what false choice. He has indicated the side of the aisle who said her proposal they are going to offer, what science is choice is between what we have now was ‘‘nonsense.’’ She extends an invita- it based on? and, as he put it, this purple people tion to that Senator to join her in a I conclude by saying this is the re- eater that he has pictured. carpool to see how it would be if they sponsible way to go. It will not ignore The reality is, the technology is were in a subcompact or a Yugo. She the issue. It sets up a process based on there to keep the cars, the SUVs, the said it would look like a clown car if science, capability, technology. It does vehicles we now drive and shift them to they were in a Yugo that managed to take into consideration or will allow being much more fuel efficient. The meet the fuel standards in the Kerry consideration of safety. And I don’t real choice is in the SUV that the Sen- amendment. want every American to have to drive ator from Massachusetts has a picture I am grateful for the support of the this car. of, which Ford Motor Company indi- Missouri Soybean Association, Corn I yield the floor. cates they are going to have on the Growers, and the Farm Bureau. We ap- Mr. BINGAMAN. Mr. President, I market next year. They say it is the preciate the information on safety yield 2 minutes to the Senator from same power as before, the same conven- from the Insurance Institute for High- Maine, Ms. COLLINS. ience as before, the same room as be- way Safety and the National Associa- Ms. COLLINS. Mr. President, I am fore, but it uses half as much gas. That tion of Independent Insurers. The best pleased to join several of my colleagues is the option. We just need to step up way to get better mileage is through in rising in support of increased fuel ef- to giving that challenge to the car sound science and NHTSA. ficiency standards for cars and trucks. dealers. I reserve the remainder of my time. Some people have tried to cast this ar- When you look at why we are con- The PRESIDING OFFICER. The Sen- gument as a choice between trucks and tinuing to import more and more oil, it ator from Alaska. better fuel economy. This is simply a is very clear. The main reason is we Mr. MURKOWSKI. Mr. President, I false choice. I am convinced that we have stalled out on improving effi- ask that I may speak for 1 minute. can, with America’s can-do attitude ciency in the motor vehicle sector. Mr. BOND. I yield a minute to the and technological know-how, provide This chart shows that, since 1989, Senator from Alaska. safer, more efficient cars and trucks there has been absolutely no improve- Mr. MURKOWSKI. Mr. President, I that will go further on a gallon of gas ment. In fact, there has been a decline rise in support of the Bond-Levin and save consumers money at the gas in the fuel efficiency of our overall amendment. I believe the automobiles pump. CAFE standards will give us bet- fleet. So this amendment will take the need to become more efficient; it is in ter trucks and more money in our teeth out of our efforts to improve effi- our national interest. I think our lead- pockets. ciency. It should be rejected. I hope my er referred to this car pictured on the OPEC’s anticompetitive manipula- colleagues will do so. chart as the ‘‘purple people eater.’’ I tions have driven the price of oil to a 6- The PRESIDING OFFICER. Who think that is a pretty good name. month high. If we don’t increase CAFE yields time? If no one yields time, time I do not believe the Senate is in the standards, America will only grow is charged equally to both sides. best position to dictate how we do this. more and more dependent on foreign Mr. BINGAMAN. How much time re- When it comes to Congress dictating oil. Already we rely on foreign oil for mains, Mr. President? what kind of fuels we use in our vehi- 60 percent of our supply. That is a dan- The PRESIDING OFFICER. There cles, we fail miserably. We have about gerous dependency. How much further are 5 minutes 20 seconds on the opposi- 15 different types of fuels we use in the into OPEC’s clutches do we have to let tion side and 5 minutes 13 seconds on country. It is at a significant cost. We ourselves slide before we decide that the proponents side. don’t even address it in this bill. We there is another way, a better way? Who yields time? have proven we are not very good CAFE is the American way of sending Mr. BOND. Mr. President, I yield my- chemists in the Congress. We are not OPEC a message that we will not stand self 2 minutes. very good automotive engineers either. for their anticompetitive manipulative I ask unanimous consent that Sen- Congress should not randomly deter- price increases. ators GRASSLEY and HUTCHINSON of Ar- mine vehicle fuel mileage on a whim. Our proposal will save more than 1 kansas and ALLEN be added as cospon- We should leave it to the experts who million barrels of oil a day. It will save sors. know what they are doing, and we will billions of dollars for consumers. And The PRESIDING OFFICER. Without take into account safety and economic it will do more to reduce our reliance objection, it is so ordered. impact. The Bond-Levin amendment on foreign oil than any other single Mr. BOND. Some people here believe does that and leaves the decision to the measure before us. Americans cannot be trusted to make experts. I urge my colleagues to sup- I call on my colleagues to join me in the right choice. In choosing between port this amendment. supporting the proposal to increase consumers and Government, I will side Mr. BINGAMAN. Mr. President, how CAFE standards. This proposal is the with the consumers. I don’t pretend to much time remains on both sides? right thing to do for the environment, know what is best for the 15 million The PRESIDING OFFICER. There for the economy, for consumers, and Americans who are purchasing vehicles are 5 minutes 12 seconds in opposition, for America. each year, but I prefer to listen to and there are 2 minutes 1 second for I commend Senators KERRY, BINGA- those who are actually in the business the proponents. MAN, MCCAIN, and my colleague from of selling cars and trucks. They tell me Mr. BINGAMAN. I yield the remain- Maine, Senator SNOWE, for their efforts one consistent message: The Kerry der of the time to the Senator from in coming up with an alternative ap- amendment is a job killer, a threat to Massachusetts. proach. the safety of friends and families, a Mr. KERRY. Mr. President, I thank Mr. BINGAMAN. Mr. President, I mandated market that eliminates con- my colleague. yield myself 2 minutes in opposition to sumer choice. Let me share what this vote is now the amendment. Now, 2,000 people a year, according to about. This vote is about whether or The Republican leader was just urg- the National Academy of Sciences, not we will keep any standard at all ing us to consider sound science and have been killed by lighter cars. I don’t with respect to fuel efficiency. If the sound data in making judgments on want to tell a mom in my State she Bond-Levin amendment passes, there

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1827 will be not only no standard whatso- on which NHTSA has signed off, says Mr. LEVIN. I yield myself 1 minute. ever in place, there will be a process you can build a car in America that is The PRESIDING OFFICER. The Sen- that will allow for delay into the far just as competent as any SUV today ator from Michigan. future. And there is a provision in the and provides safety. Mr. LEVIN. Mr. President, the Sen- Bond-Levin amendment which undoes Mr. President, how much time re- ator from Massachusetts said the the current safety standards. There is mains? amendment before us would eliminate no safety standard at all. In NHTSA, The PRESIDING OFFICER. The Sen- existing safety standards. That is flat they ask to look at it, but it undoes ator has approximately 1 minute. out wrong. He summarized a quote the current safety standard. Mr. KERRY. They try to suggest that from one member of the National Acad- Mr. President, this is a question of this is a jobs problem. The fact is that emy of Sciences. I want to read one whether or not we are going to do what our workers in Detroit have the ability line from the National Academy of 88 percent of the people in America to build all the cars America can buy Sciences on the exact point: that are just as large as the cars we want us to do and only 9 percent are Equal treatment of equivalent vehicles opposed to, and that is to save a sig- have today but are more efficient. made by different manufacturers is a re- nificant amount of oil that we import What they need is an auto industry quirement of equity. The current CAFE from the Persian Gulf, from countries that asks them to do it, that gives standards fail that test. that have the ability to dictate to the them the cars that are so designed. It I have much more confidence in the United States the price in our future— is extraordinary that my colleagues workers of this country and their rep- whether we will save that and simulta- have so little confidence in the ability resentatives than my friend from Mas- of the American worker and American neously contribute to global warming sachusetts. They strongly oppose this ingenuity to provide cars that are problems, as well as health in America. amendment. The UAW favored CAFE going to be competitive well into the There are two stories here. There is when it first came into existence. They the lie and there is the truth. To my future with the Japanese and Germans. I think we should celebrate the ca- favored CAFE. They strongly oppose right, that purple machine in the pho- pacity of the American worker, and the Kerry language because it discrimi- tograph is the lie. No American will be that is what we are asking people to nates against equally efficient vehicles forced to drive any different auto- do. Every year, there has been an op- made in America. mobile. My wife drives an SUV. She portunity to delay, to obfuscate. The The PRESIDING OFFICER. The Sen- supports this effort because she knows opponents have chosen to do it. The ator’s time has expired. she can still drive an SUV that is effi- only people who support Bond-Levin Mr. LEVIN. I yield the remainder of cient. Cars such as Suburbans are not are those who support the specific my time to the Senator from Missouri. even included in this measure. automobile interests, the Big Three, The PRESIDING OFFICER. The Sen- We have seen advertisements sug- ator from Missouri has 10 seconds. gesting that people will have to farm people who work there—not the safety people, not consumers, not the environ- Mr. BOND. Mr. President, I thank the with a subcompact car. How insulting Senator from Michigan. It is not fair to is that to the intelligence of Ameri- mental interests of the country. Generally speaking, this is a pattern say there are no safety standards. The cans, who know they want more effi- of delay and obfuscation. We will have Levin-Bond amendment requires safety cient cars? This doesn’t even cover an opportunity after this vote to vote be considered in setting the standards. tractors. It doesn’t even cover the on the Kerry-McCain alternative that There will be standards. basic trucks, the large trucks in the reduces the level even further. I ask I have just come from a press con- country. my colleagues to remember that there ference with Diane Steed, former This is the most extraordinary ex- is no CAFE requirement at all in Bond- NHTSA Director, speaking on behalf of penditure of money in phony advertise- Levin. We will have no standard what- the National Safety Council. The Na- ments to scare the American people soever. We will have years of lawsuits tional Safety Council is extremely con- that I have ever seen here—perhaps and years of delay. It is one more step cerned about the Kerry proposal and since the tobacco debate. Here is the in Detroit’s effort to prevent us from its likelihood to kill more people. truth. This is Ford Motor Company’s having an opportunity to have cars Therefore, I urge support of the Levin- own advertisement. They advertise an that are competitive and meet the Bond amendment. SUV—a vehicle that gives you all the needs of the future. I ask unanimous consent that Sen- room and power you want but uses half I retain the remainder of the time. ator VOINOVICH be added as a cospon- the gasoline. That is the Ford Motor The PRESIDING OFFICER (Mr. sor. Company advertisement that stands as REED). Who yields time? The PRESIDING OFFICER. Without a stark contrast to these extraor- Mr. LEVIN. Mr. President, how much objection, it is so ordered. dinary, ridiculous scare tactics. time remains in support of the amend- All time has expired. The question is My colleagues have been told that if ment? on agreeing to amendment No. 2997. we raise the CAFE standards, that will The PRESIDING OFFICER. The Sen- Mr. LEVIN. I ask for the yeas and harm safety. Let me read from the ator from Michigan controls 2 minutes nays. Chairman of the National Academy of and 1 second, and the time of the Sen- The PRESIDING OFFICER. Is there a Sciences, from March 10 of this year. ator from Massachusetts has expired. sufficient second? Paul Portney says: Mr. LEVIN. I yield 30 seconds to Sen- There appears to be a sufficient sec- This proposal of ours is roughly consistent ator STABENOW. ond. with what the academy identified as being The PRESIDING OFFICER. The Sen- Mr. LEVIN. Did the Chair add Sen- technologically possible, economically af- ator from Michigan. ator VOINOVICH as a cosponsor? fordable, and consistent with the desire of Ms. STABENOW. Mr. President, this consumers for safety. The PRESIDING OFFICER. The is not about the Ford Escape. We are Chair did. What safety organization in America pleased the auto industry is moving The clerk will call the roll. supports the Bond-Levin proposal? Not forward. The CAFE number does not The legislative clerk called the roll. one. Not the major safety organization, reflect the fuel economy improvements The PRESIDING OFFICER. Are there the Public Citizen Center for Auto of one particular vehicle. It is a fleet any other Senators in the Chamber de- Safety; they support what we are try- average. GM has from 2000 to 2001 im- siring to vote? ing to accomplish. The reason they proved fuel efficiency for eight dif- The result was announced—yeas 62, support it is that there are no safety ferent vehicles, and their CAFE num- nays 38, as follows: provisions whatsoever in the Bond- ber did not change. [Rollcall Vote No. 47 Leg.] Levin proposal. In our proposal, there It is a system that does not work. It is, however, an ability to live up to the is crazy. It is discriminatory against YEAS—62 safety standards. the American auto industry. I encour- Allard Bond Byrd Allen Breaux Campbell You have heard the National Acad- age a vote for this amendment. Baucus Brownback Carnahan emy of Sciences report distorted again The PRESIDING OFFICER. Who Bayh Bunning Carper and again. The update of that report, yields time? Bennett Burns Cleland

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1828 CONGRESSIONAL RECORD — SENATE March 13, 2002 Cochran Helms Nelson (NE) Secretary for the administration of this Mr. REID. Mr. President, under the Conrad Hutchinson Nickles chapter, as in effect on January 1, 2002, ex- authority of Senator DASCHLE, I yield 5 Craig Hutchison Roberts cept that such term shall also include any Crapo Inhofe additional minutes to Senator BINGA- Santorum additional vehicle that the Secretary defines DeWine Johnson MAN in opposition to this amendment. Sessions as a pickup truck in regulations prescribed Domenici Kohl Shelby for the administration of this chapter after That will be a total of 6 minutes. Dorgan Kyl Smith (NH) The PRESIDING OFFICER. Is there Ensign Landrieu Specter such date.’’. Enzi Levin objection? The Senator from Texas. Stabenow Mr. MILLER. Mr. President, I rise to Feingold Lincoln Stevens Mr. GRAMM. Mr. President, I do not Fitzgerald Lott urge my colleagues to vote in favor of Thomas object. I think I have 5 minutes re- Frist Lugar the Miller-Gramm-Hutchinson of Ar- Gramm McConnell Thompson kansas amendment to protect pickup served to speak on the amendment. Thurmond The PRESIDING OFFICER. The Sen- Grassley Mikulski trucks. Hagel Miller Voinovich ator has 5 minutes. Is there objection Hatch Murkowski Warner Our amendment is very simple. In fact, I cannot remember seeing a more to the unanimous consent request? NAYS—38 simple amendment ever offered on the Without objection, it is so ordered. Akaka Edwards Murray floor of the Senate. It is easy for all of The Senator from Texas. Biden Feinstein Nelson (FL) Mr. GRAMM. Mr. President, first of you to understand. And I will tell you Bingaman Graham Reed all, I congratulate my dear colleague something else that is important, it is Boxer Gregg Reid from Georgia. I thank him for his lead- Cantwell Harkin Rockefeller easy for the folks back home to under- ership on this issue. I say to him I am Chafee Hollings Sarbanes stand. Clinton Inouye Schumer Pickups are now required to meet a very happy again to be married up to- Collins Jeffords Smith (OR) gether, promoting the interests of the Corzine Kennedy standard of 20.7 miles per gallon. This Snowe Daschle Kerry people who do the work and pay the Torricelli amendment simply says that standard Dayton Leahy taxes and pull the wagon in America. Wellstone cannot be increased. The only thing Dodd Lieberman If you want to know how far out of Durbin McCain Wyden greater than its simplicity is its fair- ness. We absolutely should not impose touch with reality this Congress is, all The amendment (No. 2997) was agreed an undue safety risk and extra cost of you have to do is look at this CAFE to. higher CAFE standards on our farmers standard debate. The American people Mr. REID. Mr. President, I move to or on our rural families or on our car- want to be safe in their cars and reconsider the vote. penters, plumbers, painters, elec- trucks, and they have work to do. It is Mr. INHOFE. I move to lay that mo- tricians—those small businesses that not uncommon in my State for people tion on the table. rely so heavily on the pickup that to get up in Corsicana at 4:30 in the The motion to lay on the table was keeps our Nation moving. morning, get in their pickup, drive to agreed to. These are the hard-working people Dallas, work all day and work that The PRESIDING OFFICER. Under with calloused hands who build our pickup all day until 6 or 7 o’clock at the previous order, the Senator from homes and work our farms. They are night and then drive that pickup back Georgia is to be recognized to offer an the forgotten Americans who work to Corsicana. Every morning in small amendment on which there will be 10 from dawn to dark and then turn on towns all over this country, people who minutes of debate. the headlights of their pickup so they work for a living and get their hands The Senator from Georgia. can see to work another hour. dirty in the process use their pickups AMENDMENT NO. 2998 They never ask us for anything they for transportation and to make a liv- Mr. MILLER. Mr. President, I call up have not earned. All too often in this ing. There are not good substitutes. an amendment at the desk. great citadel of the people we turn our Our colleagues tell us: Oh, there are The PRESIDING OFFICER. The backs on these folks. They have no lob- substitutes. We can have a substitute clerk will report. byists. They don’t have a single one; for the pickup. You don’t need that big The legislative clerk read as follows: pickup pops are not organized. No soft Dodge. You don’t need that Chevrolet. The Senator from Georgia [Mr. MILLER], money comes from them, and not much You don’t need that Ford. You don’t for himself, Mr. GRAMM, and Mr. HUTCH- hard money. They are too busy work- need that Toyota pickup. They have an INSON, proposes an amendment numbered ing. As the pickup goes, so goes the alternative. But they don’t live in 2998. very heart and muscle of this great Mexia. They don’t carry around tools. Mr. MILLER. I ask unanimous con- country. They are not hauling lumber. They are sent the reading of the amendment be If you apply higher CAFE standards not getting their hands dirty working dispensed with. to pickups, you will make them for a living, and they are totally and The PRESIDING OFFICER. Without unaffordable for some and you will absolutely out of touch with the people objection, it is so ordered. make them unsafe for all. A ‘‘yes’’ vote who do the work in this country. Our The amendment is as follows: is a vote for the working man. A ‘‘yes’’ amendment simply says: Leave pickup (Purpose: To prohibit the increase of the av- vote is a vote for rural America. A trucks alone. erage fuel economy standard for pickup ‘‘no’’ vote is a vote against the work- Try as I may to understand people trucks) ing man. A ‘‘no’’ vote is a vote against who have a different mindset than I On page 177, before line 1, insert the fol- rural America. do—and I know many of my views are lowing: In 1 year alone, the year before last, hopelessly out of fashion—but try as I SEC. 811. AVERAGE FUEL ECONOMY STANDARDS working people in this country bought do to understand it, sometimes I can- FOR PICKUP TRUCKS. 3,180,000 pickup trucks in 29 of our not. We will impose billions of dollars (a) IN GENERAL.—Section 32902(a) of title States. Pickups account for between 20 of cost on little towns to try to change 49, United States Code, is amended— percent and 37.4 percent of all reg- arsenic standards for drinking water (1) by inserting ‘‘(1)’’ after the after ‘‘AUTO- istered vehicles. Folks across this based on a projection of a very small MOBILES.—’’; and effect on the health and lives of Ameri- (2) by adding at the end the following new country buy pickups, not just because paragraph: they are affordable and not just be- cans. But, yet, when the National ‘‘(2) The average fuel economy standard for cause they are safe. They also buy Academy of Sciences, the most pres- pickup trucks manufactured by a manufac- them because they have to have them. tigious scientific body on the face of turer in a model year after model year 2004 They have to have them to do their the Earth, concludes that the existing shall be no higher than 20.7 miles per gallon. work. Pickups are as essential to the CAFE standards may be costing as No average fuel economy standard prescribed carpenter as his hammer; as essential many as 3,600 lives a year—we are not under another provision of this section shall talking about the new standards, we apply to pickup trucks.’’. to the painter as his paintbrush. So we must leave this American are talking about the old standards— (b) DEFINITION OF PICKUP TRUCK.—Section 32901(a) of such title is amended by adding at workhorse, the pickup truck, alone. the people who go absolutely ballistic the end the following new paragraph: Don’t pick on the pickup. over these little towns are nowhere to ‘‘(17) ‘pickup truck’ has the meaning given The PRESIDING OFFICER. Who be seen. If Fallon, NV, has arsenic in that term in regulations prescribed by the yields time? The Senator from Nevada. its drinking water, and if the mayor

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1829 and his children and grandchildren ficient pickups—there is nothing in go in to fill up, they are going to be have been drinking it for years with no this amendment that would prevent paying more because of this amend- appreciable effect or no effect, we have that. The reality is a pickup is a heavy ment, if it is agreed to. no doubt in our mind about imposing piece of equipment that is designed to I urge my colleagues to oppose the those costs because we are so con- do a job. We should support the amend- amendment. cerned about an effect on people. Yet, ment of the Senator from Georgia. I yield the remainder of our time to when hundreds of times as many people The PRESIDING OFFICER. Who the Senator from Illinois. are killed by these CAFE standards, we yields time? The PRESIDING OFFICER. The Sen- act as if that is all right because fuel Mr. BINGAMAN. Mr. President, how ator from Illinois. efficiency is a good goal. much time do we have in opposition? Mr. DURBIN. Mr. President, I ask to I don’t know a better goal than to The PRESIDING OFFICER. The Sen- be recognized for 2 minutes, and then have people drive pickups. I don’t know ator from New Mexico has 6 minutes. yield 1 minute to Senator LEVIN from any more reliable Americans than Mr. BINGAMAN. Mr. President, I Michigan. Mr. President, I rise in opposition to those who drive pickups. I don’t know yield myself 3 minutes, and then I will this amendment. With the last vote, we people who more deserve good govern- yield 3 minutes to the Senator from Il- threw in the towel on fuel efficiency. ment than people who drive pickups. linois. We said this Congress is incapable of So this amendment is critically impor- Let me put this in perspective. We requiring the automobile manufactur- tant. just had an amendment agreed to on ers to make a more fuel-efficient car so Finally, if anybody cares about the the Senate floor which essentially says that America could have energy secu- automobile industry, let me remind my that we in the Congress are not going rity and energy independence. We gave colleagues that we are trying to get to specify what the corporate average up on it. We turned it over to NHTSA out of a slowdown, a minor recession. fuel efficiency or economy number and said: Study it, look at it, and we We have just had the administration ought to be; that it ought to be left up will get back to you. impose tariffs up to 30 percent on steel to NHTSA, the National Highway Traf- fic Safety Administration, to make Now, with this amendment, we are and while many Members of Congress saying we are going to exempt pickup support that, I do not. This action those decisions. The Republican leader came to the trucks forever and that 20.7 miles a means money will be taken right out of gallon is all we will ever ask of them. the profit margin of American auto- floor and said we should do this be- cause clearly we need to be sure that We will not ask Detroit to make a mobile producers because the Germans pickup truck that is more fuel effi- and the Japanese are not going to pay the decision is made on the basis of sound science and solid data. Those cient. And the argument has been made these higher prices for steel. that it is unfair, that it is unpatriotic, If we come in now with these new were the two phrases he kept using— that it is impossible to ask the drivers CAFE standards on big-selling items sound science and solid data. of pickup trucks across America to ask such as pickups, this will further hurt The Senator from Michigan contin- for a more fuel-efficient vehicle—even 1 automobile manufacturers and their ually referred to the fact that we should not adopt some arbitrary num- more mile per gallon. workers. In my State, pickups are the Let me tell you what is also unfair. largest selling vehicles. If you take ber; that is totally contrary to com- mon sense. Now we have an amend- It is unfair to ask the men and women trucks in general, trucks in general in uniform in the United States to risk outsell cars in Texas. My guess is that ment by my good friend the Senator from Georgia which says let us make it their lives in a war in the Middle East is true in most of your States. to fight to preserve more imported fuel I urge my colleagues to vote for this permanent law—that beginning 2 years from now with model year 2004 and to fuel these vehicles on the highways. bipartisan effort on behalf of people These hard-working farmers and ranch- who drive and use pickups—people who after, for all pickups, it is prohibited for NHTSA or anyone else to impose a ers and blue-collar men and women do the work and make America work, who drive these pickup trucks have and who deserve to be represented on fuel efficiency standard in excess of what has been the standard for many kids who may be forced to serve in the the floor of the Senate. I am proud that military to fight a war because of our Senator MILLER has seen the day that years, 20.7 miles per gallon. The last amendment said that dependence on Middle East oil. they are represented. With the last vote, we bowed down to NHTSA would make the decision. This Mr. MURKOWSKI. Mr. President, the special interests on fuel efficiency. amendment takes that away and says how much time remains for the pro- And I want to tell you that as a result we are making the decision. It will be ponents? of it, we are going to continue to bow 20.7 miles per gallon on pickups start- The PRESIDING OFFICER. There is down to OPEC for decades to come. ing in 2004, and from then on it is per- no additional time except for the time That is not in the best interests of peo- manent law. I don’t think we can have remaining to the Senator from Geor- ple who drive cars and pickup trucks in it both ways. If we know best, then gia, who has 41 seconds remaining. America. Who yields time? fine, we shouldn’t have adopted the The PRESIDING OFFICER. Who Mr. MILLER. Mr. President, I yield last amendment. If NHTSA knows best, yields time? 41 seconds to the Senator from Alaska. then we shouldn’t adopt this amend- Mr. BINGAMAN. Mr. President, I Mr. MURKOWSKI. Mr. President, I ment. yield the remainder of our time to the thank my good friend from Georgia. I understand where the votes are. I Senator from Michigan. For those of you who have ever driv- understand that everyone wants to Mr. LEVIN. Mr. President, how much en a pickup and gotten stuck in the wrap themselves in the flag of the pick- time remains? snow, you need a four-wheel-drive pick- up pops and indicate that they don’t The PRESIDING OFFICER. One up to get out. We would not have been want to pick on pickups. I understand minute fifteen seconds. able to develop the Trans-Alaska Pipe- all that rhetoric. Mr. LEVIN. I will split that time line without the U.S.-made pickup. It I have a lot of pickups in my State. evenly with my colleague from Michi- has the heavy undercarriage that can But I don’t see why people who drive gan. stand the gravel roads. The Senator pickups should be required to be buy- Mr. President, we have decided to from Texas is quite correct. The rest of ing vehicles that are less fuel efficient refer to NHTSA for the next 15 months the country lives on the pickup, and than the rest of the population. The the complicated question of whether or the transportation is used as part of truth is these people who work so hard not we ought to increase CAFE on your toolbag. You get your tools in it, and have callused hands and are driv- what vehicles and by what amounts. you go out to work, and you get a job ing pickups don’t want to have to pay This amendment runs contrary to what done. There is simply no other way you more at the gas pump than anyone we just agreed to. are going to accomplish this. else. And this amendment essentially I could not disagree more with our I think the Senator from Georgia in will ensure that they have to pay more friend from Illinois when he says we his reference to what is in this amend- from now on. They may get a very fuel- threw in the towel in terms of increas- ment—automakers make more fuel-ef- inefficient pickup, but every time they ing CAFE with this last amendment.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1830 CONGRESSIONAL RECORD — SENATE March 13, 2002 That was my amendment. We specifi- The motion to lay on the table was where America is saving oil, where we cally said we are going to increase it, agreed to. are not importing oil from abroad to a but we are going to do it in a rational The PRESIDING OFFICER. The Sen- greater degree. and responsible way, considering all ator from Massachusetts is recognized. Senator MCCAIN has worked dili- the criteria which should be consid- AMENDMENT NO. 2999 gently with a group of Senators on ered. We should not adopt the standard Mr. KERRY. Mr. President, I have an both sides of the aisle—Senator SNOWE, on this floor. The Miller amendment, I amendment at the desk. Senator COLLINS, Senator GORDON am afraid, does that for one particular The PRESIDING OFFICER. The SMITH, and Senator CHAFEE, and Sen- type of vehicle. clerk will report. ators on our side, such as Senators The PRESIDING OFFICER. The Sen- The assistant legislative clerk read HOLLINGS and FEINSTEIN—to come up ator from Michigan. as follows: with an agreement on a different ap- Ms. STABENOW. Mr. President, I The Senator from Massachusetts [Mr. proach on CAFE. It is an approach that rise to oppose this amendment. KERRY], for himself and Mr. MCCAIN, pro- embraces the concept of credit trading, CAFE relates to fleet-wide averages. poses an amendment numbered 2999. so that you soften, reduce signifi- If we take out pickup trucks, we put Mr. KERRY. Mr. President, I ask cantly, the pressure on an automobile more pressure on fuel efficiency stand- unanimous consent that further read- company to meet the higher standard ards for SUVs and minivans. I hope we ing of the amendment be dispensed of, say, the 36 miles or 35 miles—or will instead use the last amendment as with. whatever it might be—by allowing that the way that we will approach vehicle The PRESIDING OFFICER. Without company to purchase credits from a fuel efficiency and that we will not pit objection, it is so ordered. greenhouse-gas-producing entity of our farmers against our soccer moms. (The text of the amendment is print- some kind in the United States. The PRESIDING OFFICER. The Sen- ed in today’s RECORD under ‘‘Amend- What you get from this is a two-fer: ator from North Carolina. ments Submitted.’’) You get the reduction in greenhouse Mr. HELMS. Mr. President, I ask Mr. KERRY. On behalf of Senator gases, and you also get the incentive unanimous consent that I be made a MCCAIN and myself, I ask unanimous for companies to move forward, meet- cosponsor of this amendment. consent that the amendment be tempo- ing a higher standard of fuel efficiency. The PRESIDING OFFICER. Without rarily set aside. I hope NHTSA—now that the Senate objection, it is so ordered. The PRESIDING OFFICER. Without has voted, it is my hope; and I am sure The PRESIDING OFFICER. All time objection, it is so ordered. Senator MCCAIN joins me—that this has expired. Mr. KERRY. Mr. President, I want to will be a concept maybe they will em- The question is on agreeing to the speak for a few moments about where brace as they consider how we might Miller amendment, No. 2998. we now find ourselves. I was talking come back to more effectively imple- Mr. MILLER. Mr. President, I ask for with the distinguished Senator from ment the standard. the yeas and nays. Michigan, who won a significant vote What has happened here in the Sen- The PRESIDING OFFICER. Is there a by the Senate a little while ago with ate is the result, to a large degree, of sufficient second? respect to, instead of having the Sen- There is a sufficient second. an extraordinary process of distortion The clerk will call the roll. ate set a standard, sending the CAFE over the course of the last days, where The assistant legislative clerk called standard to NHTSA and asking NHTSA huge sums of money have been spent the roll. to do so within a specified period of by an industry that has a lot of money, The result was announced—yeas 56, time. I understand the dynamics, but and rather than putting the money nays 44, as follows: may I say there is an incredible schizo- into fuel efficiency, they put it into ad- [Rollcall Vote No. 48 Leg.] phrenia in what the Senate has done in vertising to maintain the status quo. It YEAS—56 these two votes, because on the one is ironic. hand the minority leader and many of Mr. MCCAIN. If the Senator will Allard Dorgan McConnell Allen Edwards Miller our colleagues came to the floor to yield on that point, isn’t it particu- Baucus Enzi Murkowski argue that the Senate doesn’t have the larly entertaining to hear the com- Bennett Frist Nelson (NE) ability—we don’t have the science, the ments about the drivers of pickup Breaux Gramm Nickles information, and we don’t have enough Brownback Grassley trucks and how important it is for Roberts capacity to make a determination those good citizens—hard-working, Bunning Hagel Rockefeller Burns Harkin Santorum about how the overall fleet ought to be poor citizens who drive the pickup Byrd Hatch Sessions determined. Then, of course, with the trucks, not a penny of theirs pays for Campbell Helms Shelby Carnahan Hutchinson amendment of the occupant of the these advertisements that have dis- Smith (NH) Cleland Hutchison chair, the Senate decided all of that torted this issue so badly. Cochran Inhofe Smith (OR) Wouldn’t it have been more fair in Stevens goes out the window; we do that by ex- Conrad Johnson empting pickup trucks. the debate to talk about who is paying Craig Kyl Thomas Crapo Landrieu Thompson I sympathize with the occupant of for all the advertising attacking you Daschle Lincoln Thurmond the chair that pickup trucks ought to and me and anybody who wanted to in- DeWine Lott Voinovich be treated differently. I am not arguing crease CAFE standards? I don’t think a Domenici Lugar Warner about that. Clearly, they are a main- single pickup truck owner paid for NAYS—44 stay to a huge amount of economic ac- those ads. We know who it is. It is the Akaka Ensign McCain tivity and people who contribute very automobile manufacturers. Isn’t it the Bayh Feingold Mikulski significantly to the fabric of this coun- automobile manufacturers who have Biden Feinstein Murray try. But it is completely contrarian to resisted every single change in safety Bingaman Fitzgerald Nelson (FL) Bond Graham Reed say we are going to have NHTSA try to or efficiency over the last 40 years in Boxer Gregg Reid evaluate this and, on the next vote, we the United States of America? Isn’t it Cantwell Hollings Sarbanes have exempted 20 percent of the avail- true that to drag out a picture of an Carper Inouye Schumer Chafee Jeffords able fleet, so that now, whatever fuel automobile called the ‘‘purple people Snowe Clinton Kennedy Specter savings we have left to gain have to eater’’ and somehow infer that that Collins Kerry Stabenow come out of the rest of the fleet—either would be an automobile that the Amer- Corzine Kohl Dayton Leahy Torricelli passenger cars, SUVs, or others—if it is ican people would be forced to drive, if Dodd Levin Wellstone decided that any savings are going to we increased CAFE standards, has Durbin Lieberman Wyden come at all. trivialized this entire debate? The amendment (No. 2998) was agreed Now, just today, some polls were re- I have to tell my friend from Massa- to. leased that showed that 88.9 percent of chusetts that I have been engaged in Mr. REID. Mr. President, I move to Americans believe we are better off debates on the floor of the Senate now reconsider the vote. trying to raise the fuel efficiency of for quite a few years, as has the Sen- Mr. BINGAMAN. I move to lay that our automobiles, and they would like ator from Massachusetts. I haven’t motion on the table. to see CAFE standards be at a level quite seen the trivialization of a debate

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1831 in the manner with which this one was study, funded by the National Institute of to meet health-based air quality goals. when they dragged out pictures of lit- Environmental Health Sciences— Ten percent of new vehicles produced tle European cars. Frankly, the Euro- Not an automobile manufacturer— in 2003 have to be zero emission vehi- peans buy those cars because they is compelling because of its breadth. Re- cles. As of 1990, other States may adopt don’t have parking spaces in the major searchers followed half a million people the California program as their own cities in Europe. I suggest that perhaps across the country for over two decades. No, but are otherwise prohibited from set- the occupant of the chair might go to it is not just desert dust. The most dan- ting their own emissions standards. Germany and get on the autobahn gerous particles are much smaller, 2.5 mi- The State of California has listed crons or less, so tiny that it takes at least 28 sometime. He will see some pretty big to equal the diameter of a human hair. These over 40 chemicals in diesel exhaust as automobiles traveling at very high ultrasmall particles which wreak havoc by toxic air contaminants. Numerous rates of speed. If we had the little ‘‘pur- penetrating deep into the lungs come from studies have linked diesel exhaust with ple people eater,’’ maybe we ought to combustion. cancer, bronchitis, asthma, and other have shown the Porsches and the Mer- Here in the valley, as elsewhere in the respiratory illnesses. cedes Benz, which are extremely pop- West, a big part of our particulate pollution It is very unfortunate that we are ular in Europe, as well. spews out of tailpipes. failing to address the severe health The other thing I ask of my colleague Long-term exposure to pollution in- care problems and direct threat to the that is a bit disturbing about this de- creases risk of lung cancer, according health of our citizens as we blithely be- bate is this: All these comments about to this study, by 8 percent. lieve the same old rhetoric from the the health of our citizens and the risks The study concludes air pollution automobile manufacturers of America to their lives and how this could be so puts individuals at greater risk for which were wrong in 1974, they were dangerous because we would have more heart attacks and lung cancer. Pollu- wrong in 1976, and they are wrong accidents, which by the way have been tion has been correlated to reproduc- today. At one time, they were against refuted by recent studies—— tive, musculoskeletal, respiratory, and seatbelts. At one time, they were Mr. KERRY. Mr. President, if I could gastrointestinal problems. It is of par- against airbags. At one time, they said interrupt, I need to go into the cloak- ticular concern to children and older the CAFE standards increase that Con- room for a moment. I will yield the people as their immune responses are gress had the courage to pass years ago floor and let my colleague continue to less capable of dealing with the would drive them out of business. The speak. stresses caused by pollutants. last time I checked, they were doing Mr. MCCAIN. I thank my colleague. I Arizona has the second highest rate pretty well. am sure he will be responding to the of asthma sufferers in the Nation. Ap- I regret this action on the part of the questions. proximately 300,000 Arizonans have Senate because I believe people will die Here we have a study from my home asthma. The 2002 report by the Journal unnecessarily over time as a result of State of Arizona, the ‘‘Governor’s of the American Medical Association, the action we have taken today. We Brown Cloud Summit,’’ a study re- says: will revisit this issue because the prob- leased January 16, 2002, concerning the Six hundred sixty-six premature deaths in lem in my State and America is get- very serious problem we have in the Arizona are from exposure to particulate ting worse rather than better. valley, where the city of Phoenix and matter. I thank my colleague from Massachu- surrounding cities are located. I hope This is serious business. This is not setts. I know he has been made famous colleagues will keep in mind that this pictures of little European cars. This is in newspaper and television advertise- is the same valley where, many years not comments about the great individ- ments all over America as being the ago, doctors recommended people to go uality of the pickup truck driver. This one who is bent on destroying Western and live if they had respiratory prob- is about life and death of children and civilization as we know it. I do extend lems. Part of the conclusions here are older people. That is what this argu- to him some sympathy. Some day we that: ment is about and, unfortunately, that will have a rational debate on this Microns, often referred to as PM 2.5, is a has not been part of this debate. It cer- issue, and we will bring the scientific significant cause of haze. Each particle, tainly could not have been part of this facts forward, as I tried to do through about the size of a single grain of flour, can debate that I know of. different studies conducted by the float in the atmosphere for days, behaving It is calculated that brown cloud ma- Journal of the American Medical Asso- much like a gas. Over half of the PM 2.5 is terial would be reduced by 1.8 metric ciation and the National Academy of caused by the burning of gasoline and diesel tons per day in 2010, if the use of clean Sciences, as to the threats to the fuel in vehicles, which are sometimes re- burning fuel was implemented. health of Americans that our failure to ferred to as on-road mobile vehicles. My State, Arizona, got an F, the address this issue presents. Then it says: worst rating on air quality, in 2001 Some day I am sure we will revisit PM 2.5, the prime cause of poor visibility from the American Lung Association. this issue, and I hope the debate is de- in the valley, also exacerbates health effects, Ninety percent of the workforce in my void of pictures of small cars that are such as asthma attacks and other heart and State drives to work. One in every 4.5 used in Europe as a threat to the lung problems that cause people the need to go to the hospitals and is consistently asso- cars is an SUV; 54 percent of the pas- American way of life, in which I know ciated with higher-than-average death rates. senger vehicles sold in Arizona qualify the Senator from Massachusetts and I Reducing the amount of PM 2.5 will make as light-duty trucks. I would be the would never engage. the view of more distant landmarks clearer last representative to try to take away Mr. President, I yield the floor. and reduce health effects. Improvements in an SUV from my family, my neighbors, The PRESIDING OFFICER. The Sen- visibility and health will be directly propor- or my constituents. ator from Massachusetts. tional to the amount of the emissions elimi- Phoenix received a D rating for the Mr. KERRY. Mr. President, I thank nated. amount of smog from cars and trucks the Senator from Arizona for his com- Recently there was an editorial in per person and an F for the amount ments. I know he has been the recipi- the Arizona Republic on March 9, 2002— spent on public transit versus high- ent of those kinds of comments pre- ‘‘New study reveals wider health ways per person. In Phoenix, we have 70 viously. He and I seem to find ourselves risks.’’ The title is ‘‘Legislature Must pounds of smog per person per year. In together on that occasionally. Attack Brown Cloud″: Pima County, vehicle emissions are re- I came to the Senate hoping I would We have always known the valley’s brown sponsible for up to 70 percent of area always find that this institution de- cloud is ugly and unhealthy. Now we know it air pollution, making them a prime bated facts and truth. Obviously, I am can be deadly. A new study indicates years of candidate for reduced emissions and not naive. I know there are some poli- breathing that haze of particulate pollution cleaner burning cars. tics; we all understand that. I am not will significantly raise a person’s risk of An increase in CAFE would reduce trying to suggest that is not part of it. dying of lung cancer and heart attack. For lung cancer, the risk is the same as living my State’s pollution by about 2.3 mil- But the level of Harry and Louise-ing with a cigarette smoker, according to a re- lion metric tons per year. The Cali- of this issue that we saw in the last port published this week in the Journal of fornia Air Resources Board established days is a commentary on money in the American Medical Association. The a zero emission vehicle program in 1990 American politics and how the agenda

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1832 CONGRESSIONAL RECORD — SENATE March 13, 2002 of the country gets distorted and the I know the Presiding Officer, the NHTSA has not been a fighting agency ways in which special interests and big Senator from Georgia, knows Stuart for change or for standards. That is money can mold an issue into a certain Eizenstat. I know the Presiding Officer why when Ronald Reagan came in and perspective completely devoid of some knows President Jimmy Carter very Congress was going to do standards, ev- of the reality. well. President Jimmy Carter sat in erybody said: Oh, NHTSA ought to do We saw a National Academy of front of the Big Three, and they came it. Do not let Congress do it. Sciences study used again and again in to him and said: When Bush 41 was President, they the most obviously distorted way. Peo- Mr. President, we cannot do this. You said: Oh, Congress should not do this. ple would read from the study which are going to put us out of business. NHTSA ought to do this. Then all of a referenced a 1993 analysis. Despite the Stuart Eizenstat testified to our com- sudden when President Clinton was in fact that analysis has been redone mittee that he sat in that meeting and office, and Congress was in the hands of since then, despite the fact there is a listened to the president of General the Republicans, the whole argument 2002 current year analysis, everybody Motors tell him it was impossible to flipped: Oh, we should not have NHTSA kept going back. meet the standards, but President Car- do this. We ought to have Congress do Let us go back to 1993 because that is ter himself, somebody who understood this. much more effective, even though it is technology, an engineer by training, Lo and behold, in 1995, the Congress not true. Across America, people were made a courageous decision that we prohibited the EPA from even evalu- told they might have to farm with a had to move forward. That courageous ating what the impact might be of rais- compact car. I know the Chair does not decision to move forward saved mil- ing the CAFE standards. believe that. People are not going to be lions of barrels of oil—billions by now. There is a history, a history of delay, farming with compact cars. Tractors It saved, many would say, the Amer- a history of resistance, a history of are not even under CAFE standards. As ican industry because it made them can’t-do, a history of we do not want to to the level of reasonableness of the competitive with the German and Jap- do, a history of this is going to kill us. standard that could have been found anese car that was increasingly gaining But when Congress had the courage to with respect to light trucks or pickups, market share because Americans want- stand up and raise the aspirations of it is beyond imagination we would not ed cars that were more efficient. Americans, guess what. The industry be willing to come to grips with what I I believe in the capacity of every met the standard and exceeded it. And think is a greater truth. UAW worker and every car manufac- guess what. We raised the numbers of Those most concerned with safety in turer in America to build a car that is workers in Detroit up to about 1 mil- America, those entities that consist- competitive with any car in the world. lion in the year 1999, the highest level ently earn a reputation coming to the I believe in the capacity of American it had been for a number of years. Senate with studies and analyses upon ingenuity and technology. I believe in When I hear my colleagues say, which all of our colleagues depend—the our entrepreneurial spirit. ‘‘What about jobs,’’ I do not think it is Center for Auto Safety, Public Citizen, Today, we turned our backs on some- Toyota and Honda that moved to Mex- people who have a reputation of rep- thing President Kennedy did in the ico. The last measurement I had, it was resenting the consumer—were against 1960s when he said we could go to the the Big Three that had moved some what the Senate did. Not one safety or- moon in 10 years. He did not know for plants to Mexico. Honda and Toyota ganization in America supported what certain we could get there, but he set a are building plants in the United was adopted. States of America, and they are in- I have learned to take my losses, and goal, and America met the goal. We could have, today, set a goal for creasingly building engines and auto- we are all going to live to fight another America. We could have said we are mobiles in our country and grabbing day. This issue is going to come back, going to reduce the threat that our market share. I am absolutely convinced about that. kids may have to go to another coun- Maybe the competition of the mar- We are going to face it. ketplace will spur some of these enti- I saw that the price of gas went up try to defend our gluttony on oil by be- ties on but history has shown—look at about 5 or 6 cents at the pump in the coming more efficient. We could have, Enron. There is an example. If ever we Washington area in the last couple of today, had an opportunity to set a have learned in recent days what Presi- days. I remember when I was going to standard that would have pushed the dent Teddy Roosevelt taught us when law school what it was like to study technology curve so America could be he had the courage, coming from his my torts and contracts sitting for an the country that sells the cars of the hour and a half in a line waiting to get future, all over the world, that are party, to stand up against trusts in gasoline, and I wished I had a car that more efficient, more effective, and America, we learned of the unfettered, did not require me to go into that line safer. completely unrestrained, absolutely as frequently as it did so I could get to I misspoke earlier when I said some- unregulated appetite of most busi- school and back on one tank of gas thing about the Senator from Michi- nesses. We have found countless exam- more frequently. gan. I want to clarify it. I told him ples of abuses where sometimes some- In Europe, people are driving cars about it, and it was purely one is needed to act as a referee, to act that get 60 and 70 miles per gallon, and misspeaking. I said his bill would wipe as a standard bearer. I believe that the question is pregnant here in Amer- out the safety standards. I did not someone should have been the Con- ica: Why aren’t we? mean the safety standards of CAFE gress. It has not been, and it obviously There is a new poll that came out that are in existence today. I meant it will not be. So my hope is that as we yesterday. It shows 88 percent of Amer- would wipe out the underlying safety go down the road, people will think icans want cars that are more efficient. standards in our bill. That, it did. hard about the gains that were lost I believe even those who drive pickups We had a safety standard that would today. and light trucks all across America have provided a rollover standard for This is not the long-term solution for would like a truck that is more effi- SUVs. Every year we lose 10,000 Ameri- our country. I understand that. The cient. They pay their gas bill. They cans who are killed in rollover acci- long-term solution for our country is have to pay for the same costs as ev- dents in SUVs. SUVs are built with a to be independent of oil, but 70 percent erybody else. It would be a lot more ef- very fragile roof. I think the roof of the oil we consume in America is ficient if they could have some of that weighs about 75 pounds, something in consumed in transportation. If we are new technology. that vicinity. When the heavy SUV going to reduce foreign dependence, we In my judgment, we missed—it is my rolls over, people are crushed and have only two choices: We either judgment, and I could be wrong, as ev- killed. That could be prevented. produce it in America or we reduce our erybody knows—an opportunity to help The safety people who supported our dependency abroad. Since oil is the make America more competitive, to bill suggested we should have had that principal dependency, we cannot solve help save money for our consumers, standard in this legislation. That has the problem when we only have 3 per- and to beat back what has been a prov- now been wiped out. cent of the world’s oil reserves but we en reluctance by an industry for years. The reason this is so important is use 25 percent of those reserves every This is not a matter of conjecture. that there is a history. People know year. The math is simple. Every child

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1833 in school can do the math. If the cent when I came back to the United ought to do and can do well. One is sig- United States is using 25 percent of the States at the end of the Vietnam war. nificant investments of Federal dollars oil, and we only own 3 percent of the By the mid-1970s, we did not have in research and development, for fuel oil reserves, either find the oil some- much of a trade deficit. Today we have cells, for hybrid technology, including where else or find an alternative to oil. a trade deficit of $300 billion a year. A diesel hybrid technology. We cannot drill out of this predica- good deal of that is oil. Roughly a lit- The Levin amendment acknowledges ment; we have to invent our way out. tle more than half of the oil we con- there is a responsibility, and a good op- One of the ways to have invented our sume, we consume with cars, trucks, portunity, a responsibility for the Fed- way out of it would have been to have and vans we drive. To pass from the eral Government to help commercialize adopted a standard that pushed the Senate and send to conference with the the new technologies in fuel efficiency, technology curve so our industry would House energy legislation that does not vehicle efficiency that are coming suddenly become the world’s leader, as make meaningful, measurable steps to- along. The Federal Government has the we were in alternatives and renewables ward reducing the amount of oil we use opportunity to use its purchasing and photovoltaics in the late 1970s, for our cars, trucks, and vans is short- power to buy large numbers of cars, when we made a similar effort to adopt sighted and a mistake. trucks, vans, jeeps, SUVs, trucks, those technologies. A month ago I had an opportunity to semitrucks, others that are more fuel I am proud we were fighting for this. participate in a meeting convened by efficient. We should do that in the I will stand up anywhere in this coun- our majority leader, Senator DASCHLE. military and on the civilian side and try and defend the rectitude of what we At that meeting were Senator LEVIN, use our purchasing power to help com- attempted to do and decry the lies that Senator STABENOW, Senator KERRY, mercialize the new technologies. suggest everybody in America has to Senator CARNAHAN, myself, and others. Another role for the Federal Govern- get into some little purple people We were at the behest of our majority ment is with respect to tax policy. If eater, when Ford Motor Company itself leader to see if we might try to find we want producers of vehicles to is promoting an SUV with all the middle ground between the approach produce more fuel-efficient vehicles, we power you want, and all the room you Senator KERRY wanted to take on need to include a tax incentive. The want, and it uses half the gasoline. CAFE standards and the approach of Levin approach provides that. There it is, the car of the future, Senator LEVIN. Similarly, if we want to make sure from Ford Motor Company. There is I thought on that day and today I the vehicles that are energy efficient not a pickup truck, there is not an still believe there is a compromise, and are purchased by consumers, we need SUV, there is not a vehicle in America a good compromise, between what each to provide incentives for consumers to that cannot be driven this size. Look at proposed then and what each proposes buy. We do that under the Levin ap- our buses; look at our fleets. In Amer- to do today. At that early meeting I proach. ica today we are driving huge numbers laid out what I thought were five prin- The one element that is missing in of people in buses that are driven on ciples that should underlie any changes the approach of Senators LEVIN and compressed natural gas. We have alter- we make with respect to the fuel effi- BOND is the biggest hole in the amend- native vehicles. Fleets are being pur- ciency of our cars, trucks, and vans. I ment: We do not set a clear, measur- chased that way. mention those again. Senator MIKULSKI able objective. We can argue until the The Government has the opportunity alluded to them yesterday. No. 1, we cows come home about whether or not to set the standard, requiring that no need to reduce oil imports. That should we need to change CAFE, concerns of automobile is going to be bought for be an embodied principle. No. 2, we foreign and domestic production, are fleet use of the Government unless we should set clear, measurable objec- we fearful of exporting the building of are using hybrids and alternatives. We tives. No. 3, we should do our dead- small cars to other countries if we ap- could begin to create the demand for level best to preserve American jobs. proach this the wrong way. the marketplace. There are all kinds of No. 4, we should provide reasonable Maybe the debate should not be ways to try this, but it takes leader- leadtime to the auto industry for any about CAFE at all. Maybe the clear, ship. changes that are going to be coming. measurable objective we ought to de- Today I regret to say I don’t think No. 5, we need to think out the box. We bate is an objective that reduces oil the Senate offered that. I hope it will need to be innovative. imports, reduces the consumption of in the future. I have never been a big one for micro- oil by our cars, trucks, and vans. I yield the floor. managing. I urged Senator KERRY in The House of Representatives has The PRESIDING OFFICER. The Sen- his legislation to move away from the passed by a very narrow margin a ator from Delaware. idea that the Congress would set these flawed energy bill, flawed with respect Mr. CARPER. Mr. President, for 2 interim goals for fuel efficiency. It is to the measurable objective they set in weeks we have debated the comprehen- appropriate for Congress and the Sen- reducing consumption of oil. But at sive energy policy we should have for ate to set longtime goals for fuel effi- least they have a measurable objective. this country. Most Members and most ciency, be it CAFE or a reduction, a And their measurable objective, as I re- Americans agree we need to do two measurable, tangible reduction in oil call, is over roughly another 5 or 6 basic things: One, we need to create imports. I am not as comfortable for years to reduce by, I think, 5 billion more energy; two, we need to conserve the Congress setting interim goals. I gallons the amount of oil that we con- more energy. would have that delegated to an appro- sume. That is in their bill, with respect Throughout the legislation we are de- priate entity. to our light trucks, vans, SUVs. bating, there are a variety of ways we Earlier today we debated the Levin If we actually consider how many will create more energy: make natural amendment, for which I voted. I would miles per gallon that equates to, it gas more readily accessible from north- like to be able to vote for the Kerry says we are going to improve our fuel ern Alaska; create renewable energy; amendment not because I thought efficiency by maybe a mile or mile and more solar, wind, geothermal; inter- Levin was perfect, but there are a lot a half per gallon over roughly the next esting exploitation of biomass, of elements that are good. Not because half dozen years. That is not much. biofuels, soy diesel, among others. I think Kerry-McCain is perfect, but That is far too modest a goal and cer- On the conservation side, we are not there is a lot that is good. If you put it tainly far too modest a goal for the doing so well. On the conservation side, together, we would have a good pack- next dozen years. we need to do a whole lot better. The age. We are going to stay on this bill for Senator from Massachusetts has al- I mention a couple aspects of the a while longer. I wish very much we luded to how much oil we consume. We Levin amendment that I think are could vote for the Kerry-McCain consume a whole lot, given the size and helpful and ought to be in the final amendment because it has changed a population of our country, compared to package that hopefully will go to the whole lot from what was originally en- the rest of the world. Our oil imports President for his signature. The Levin visioned and, frankly, what has been account for roughly 60 percent of the amendment focuses on three or four originally put in this bill, and it has oil we consume. That is up from 30 per- major things that the Government been changed in ways that I think

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They would ultimately broaden Mr. Shane’s serve jobs and while it is important don’t have our best interests in mind, responsibilities. that we provide reasonable lead time necessarily. In some cases, they will Under the proposal, the Deputy Sec- for the auto industry, and while it is use the resources we continue to ship retary positions would be retitled ‘‘Un- important that we think outside the overseas when we purchase the oil— dersecretary of Policy’’ and would box and invest in R&D and tax credits some of them are committed to using manage all aspects of transportation and commercialize the technologies the resources we give them against us, policy development within the Depart- that are coming along—those are all to hurt us and hurt our people here and ment of Transportation. In addition, things that are important to do—it is in other places around the world. We the Office of Intermodalism, the Office also important for us to reduce our re- should not continue to be so foolish as of Aviation and International Affairs, liance on foreign oil. to do that. and the Office of Transportation Policy For us, today, to think we are going Before we leave this bill and vote on would report to the Under Secretary to have to cram into these tiny little final passage next week, I believe we under this reorganization. cars like the purple people eater that need to come back and address the While this reorganization plan must was put on display by Senator LOTT issue of clear, measurable objectives be considered separately from the nom- earlier is just not the case. and make sure as we go to conference ination, at this point it is important We build Dodge Durangos in my with the House with respect to the use that Mr. Shane be permitted to carry State. They get about 17 miles per gal- of oil, consumption of oil in our cars, out his duties as soon as possible. He lon. If they introduce a gas hybrid en- trucks, and vans, that we have put in has extensive experience and expertise gine, they will increase their fuel effi- place some clear, measurable objec- that would be invaluable to the Depart- ciency next year by about 30 percent. tives that will reduce our reliance on ment. He has also served in several That is just next year, by 30 percent. that foreign oil. prominent positions at DOT and the There are ways we can use diesel hy- Mr. President, I suggest the absence State Department and has been con- brids to increase that 30 percent to of a quorum. firmed on several occasions by the Sen- something like 60 percent, if the diesel The PRESIDING OFFICER (Mrs. ate. hybrid is able to meet our require- CARNAHAN). The clerk will call the roll. I believe Mr. Shane is one of the most The senior assistant bill clerk pro- ments for tier 2 clean air standards, widely respected individuals in the ceeded to call the roll. particularly for nitrogen oxide and par- transportation community, particu- Mr. MCCAIN. Madam President, I ask ticulates. We can do these things and larly with respect to aviation issues. I unanimous consent that the order for have not always agreed with Mr. Shane we don’t have to sacrifice comfort, we the quorum call be rescinded. in the past, but I have always respected don’t have to sacrifice space, we don’t The PRESIDING OFFICER. Without his capability and his judgment. We have to sacrifice safety in order to objection, it is so ordered. should consider ourselves fortunate have the kind of vehicles people want f that such a qualified and distinguished to buy and want to drive and to be able individual wants to return to public to remove our country’s future from DEPARTMENT OF service when he could continue a much the hands of the folks who control so TRANSPORTATION NOMINATIONS more financially rewarding life in the much of the oil in the world. Mr. MCCAIN. Madam President, I private sector. It is inexcusable that My wife has a Ford Explorer. She come to the floor to discuss briefly the his and Mr. Frankel’s nominations likes it a lot. It doesn’t get very good qualifications of two individuals who have languished for nearly 3 months. gas mileage, but she likes it a lot. She have been nominated for essential posi- As Assistant Secretary for Transpor- likes the size and a lot of things about tions within the Department of Trans- tation Policy, Mr. Frankel would be it. Probably the next car she buys will portation. the chief domestic policy officer at the be a similar vehicle. I drive a Chrysler Mr. Jeffrey Shane has been nomi- Department of Transportation. In that Town and Country minivan. I like it a nated to be the Associate Deputy Sec- position, he would be responsible for lot, and with a young family, it meets retary for the Department of Transpor- the analysis, development, communica- our needs. I sure wish it got better gas tation, and Emil Frankel has been tion, and review of policies and plans mileage. I wish it got a lot better gas nominated to be Assistant Secretary of for domestic transportation issues. mileage. We can do those things. Transportation Policy. If there is anyone in this body who Senator KERRY mentioned—I will Last December, the Commerce Com- has not been to an airport recently, I just close with this—when John Ken- mittee held a hearing to consider both have to tell them, we certainly need all nedy was running for President in 1960, these nominees and reported them out the help we can get right now. On my he talked about a goal of putting a unanimously on December 19, 2001. We last trip back from Phoenix, I spent an man on the Moon, an American on the are approaching 3 months since they hour and a half standing in line in Moon by the end of that decade. Today, received committee approval. I think it order to get through security, which is that may not seem to be a very big un- is time for this Chamber to act on warranted, certainly, in these times. dertaking, but in 1960 it sure was. The these two qualified nominees. But we also need to modernize that idea we could take a man and put him These are very important positions. system as soon as possible. in a space suit, put him in a missile One is Associate Deputy Secretary for Since September 11, the Department and send him up to the Moon and let the Department of Transportation and of Transportation has been under tre- him walk on the Moon and turn around the other is the Assistant Secretary for mendous strain dealing with critical and fly back safely, the idea somebody Transportation Policy. aspects of interstate transportation as at the time could was almost incom- There is very little doubt, with all of it relates to national security. The De- prehensible. But he said we could do the issues surrounding post-September partment needs all the help it can get this as a nation; that we ought to do it 11 and our transportation security re- as it struggles with the new wartime before the end of the 1960s. And we did. quirements, the situations at our air- reality. It is our obligation to give the If we could do that as a nation four ports, et cetera, that we should be put- Department of Transportation every decades ago, we can build cars, trucks, ting qualified men and women who reasonable resource at this time. and vans that people want to buy and have been nominated without objection I am dismayed we continue to deny want to use in this country and at the into those offices. They are important the Department the benefit of these same time reduce our reliance on for- positions. The confirmations of Mr. nominees’ public service. Our inaction eign oil. Shane and Mr. Frankel have been sets a miserable example for others When I filled up the tank of my placed in limbo due to an unrelated who might consider devoting part of Chrysler Town and Country minivan in legislative matter. their lives to public service.

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Without I am informed that at least one Mem- agenda item. objection, it is so ordered. The clerk ber of this body is holding these nomi- So, Madam President, I intend to will report. nees because that Member believes he come back to the floor later this after- The legislative clerk read as follows: can best advance the cause of one mode noon, since there are those who have The Senator from Wyoming [Mr. THOMAS] of transportation security—in this put a hold on it, and ask unanimous for himself and others, proposes amendments case, Amtrak—by holding up their con- consent that these nominees be con- numbered 3000 through 3006, en bloc. firmations. I believe this is most unfor- firmed or, if need be, have a rollcall Mr. THOMAS. Madam President, I tunate and, in fact, a big mistake. vote. ask unanimous consent that reading of I support Senate passage of rail secu- I think it is time we move forward the amendments be dispensed with. rity legislation. In fact, I introduced with these nominations, as I have dis- The PRESIDING OFFICER. Without the first rail security measure last cussed at some length. objection, it is so ordered. year that would help address Amtrak Let’s not do this to these people. The amendments are as follows: safety and security funding needs. On They are not responsible for any fail- AMENDMENT NO. 3000 October 10, I introduced S. 1528, the ure or perceived lack of consideration Rail Transportation Safety and Secu- (Purpose: To clarify FERC merger, market- of any Senator. They are not even in based rate, and refund authority, and to rity Act, along with Senator GORDON the job. Let’s give them a chance to strike the transmission interconnection SMITH. I am also lead cosponsor of S. serve the country. provision) 1550, the Rail Security Act of 2001, in- Madam President, I yield the floor. On page 14, strike line 3 and all that fol- troduced by Senator HOLLINGS and my- The PRESIDING OFFICER. The Sen- lows through page 21, line 15, and insert the self on October 15, 2001. ator from New Mexico. following: S. 1550 would authorize $515 million f SEC. 202. ELECTRIC UTILITY MERGERS. for security and $989 million for ad- Section 203(a) of the Federal Power Act (16 dressing the tunnel life safety needs in NATIONAL LABORATORIES PART- U.S.C. 824b) is amended to read as follows: the Northeast. It was reported unani- NERSHIP IMPROVEMENT ACT OF ‘‘(a)(1) No public utility shall, without first mously by the Commerce Committee 2001—Continued having secured an order of the Commission on October 17 and is awaiting full ac- Mr. BINGAMAN. Madam President, authorizing it to do so— ‘‘(A) sell, lease, or otherwise dispose of the tion by the Senate. let me take a moment while there is a I urge the majority leader to sched- whole of its facilities subject to the jurisdic- lull in the proceedings to reiterate a tion of the Commission, or any part thereof ule floor time for us to consider S. 1550. request that I believe has been made by I understand a number of Members are of a value in excess of $10,000,000, both Democratic and Republican ‘‘(B) merge or consolidate, directly or indi- interested in offering additional secu- cloakrooms last night, to Senators on rectly, such facilities or any part thereof rity-related amendments to that meas- both sides of the aisle, and it is my with the facilities of any other person, by ure. I would also support allowing it to hope, as floor manager, along with Sen- any means whatsoever, pass by unanimous consent if such ‘‘(C) purchase, acquire, or take any secu- ator MURKOWSKI, that we can, at some agreement could be reached. It is an rity of any other public utility, or stage later this week, seek a finite list important bill not just for Amtrak but ‘‘(D) purchase, lease, or otherwise acquire of amendments that would be in order for addressing all rail security, both existing facilities for the generation of elec- on the bill. passenger and freight. tric energy unless such facilities will be used But to hold these two nominees hos- As all Members know, we have been exclusively for the sale of electric energy at retail. tage to somehow better position the on this bill now for all of last week; and so far this week, we have addressed ‘‘(2) No holding company in a holding com- passage of Amtrak security legislation pany system that includes a transmitting is not the best approach. After all, some significant issues. There are some other amendments that are being nego- utility or an electric utility company shall these positions are largely about secu- purchase, acquire, or take any security of, rity. We are holding up nominees who tiated and finalized, and we have been or, by any means whatsoever, directly or in- are good and qualified people because working with some Members on those. directly, merge or consolidate with a trans- they are being held hostage to some There are others that we just hear mitting utility, an electric utility company, other piece of legislation. That is about. There are rumors of amend- a gas utility company, or a holding company wrong. ments which we hear about. in a holding company system that includes a What is going to happen if we do not I think the majority leader is trying transmitting utility, an electric utility com- pany, or a gas utility company, without first move with these nominees? They will to get as much done as possible before we move to the issue of campaign fi- having secured an order of the Commission withdraw their candidacy. And this authorizing it to do so. also sends a very disturbing message to nance reform, which he is committed ‘‘(3) Upon application for such approval the others who are willing to serve this to move to later. Commission shall give reasonable notice in country. Usually when we find people I think our chances of completing ac- writing to the Governor and State commis- who are willing to serve in positions of tion on this energy bill would be dra- sion of each of the States in which the phys- responsibility, they make a financial matically improved if we could get a fi- ical property affected, or any part thereof, is sacrifice. It is just because we do not nite list of amendments to work situated, and to such other persons as it may compete salary-wise with the private through. deem advisable. So I once again encourage all Mem- ‘‘(4) After notice and opportunity for hear- sector. And that is entirely appro- ing, the Commission shall approve the pro- priate. bers to cooperate with the two cloak- posed disposition, consolidation, acquisition, But if these men and women are pre- rooms and give copies of their amend- or control, if it finds that the proposed sented with situations like this, where ments to those cloakrooms so that we transaction— two perfectly qualified nominees are can see them and can talk to Senators ‘‘(A) will be consistent with the public in- prevented from being confirmed by the about how to move ahead with those terest; Senate and have to wait months after amendments or with votes on those ‘‘(B) will not adversely affect the interests being unanimously reported out by the amendments, if those are necessary. of consumers of electric energy of any public committee of oversight, and not even I know there will be an amendment utility that is a party to the transaction or at some stage fairly soon by my friend is an associate company of any part to the given a hearing on the floor of the Sen- transaction; ate on their nomination, then, obvi- Senator THOMAS. If he is ready, I yield ‘‘(C) will not impair the ability of the Com- ously, we are going to have more and the floor. mission or any State commission having ju- more difficulty in getting qualified The PRESIDING OFFICER. The Sen- risdiction over any public utility that is a men and women to serve. ator from Wyoming. party to the transaction or an associate

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company of any party to the transaction to ‘‘OPEN ACCESS BY UNREGULATED TRANSMITTING sell and offers to buy wholesale electric en- protect the interests of consumers or the UTILITIES ergy in interstate commerce to provide sta- public; and ‘‘SEC. 211A. (1) Subject to section 212(h), tistical information about the amount and ‘‘(D) will not lead to cross-subsidization of the Commission may, by rule or order, re- sale price of sales of electric energy at associate companies or encumber any utility quire an unregulated transmitting utility to wholesale in interstate commerce it trans- assets for the benefit of an associate com- provide transmission services— acts. pany. ‘‘(A) at rates that are comparable to those ‘‘(c) TIMELY BASIS.—The Commission shall ‘‘(5) The Commission shall, by rule, adopt that the unregulated transmitting utility require the information required under sub- procedures for the expeditious consideration charges itself, and section (b) to be posted on the Internet as of applications for the approval of disposi- ‘‘(B) on terms and conditions (not relating soon as practicable and updated as fre- tions, consolidations, or acquisitions under to rates) that are comparable to those under quently as practicable. this section. Such rules shall identify classes Commission rules that require public utili- ‘‘(d) PROTECTION OF SENSITIVE INFORMA- of transactions, or specify criteria for trans- ties to offer open access transmission serv- TION.—The Commission shall exempt from actions, that normally meet the standards ices and that are not unduly discriminatory disclosure commercial or financial informa- established in paragraph (4), and shall re- or preferential. quire the Commission to grant or deny an ‘‘(2) The Commission shall exempt from tion that the Commission, by rule or order, application for approval of a transaction of any rule or order under this subsection any determines to be privileged, confidential, or such type within 90 days after the conclusion unregulated transmitting utility that— otherwise sensitive.’’. of the hearing or opportunity to comment ‘‘(A) sells no more than 4,000,000 megawatt SEC. 208. ACCESS TO TRANSMISSION BY INTER- under paragraph (4). If the Commission does hours of electricity per year; MITTENT GENERATORS. not act within 90 days, such application shall ‘‘(B) does not own or operate any trans- Part II of the Federal Power Act is further be deemed granted unless the Commission mission facilities that are necessary for op- amended by adding at the end the following: finds that further consideration is required erating an interconnected transmission sys- to determine whether the proposed trans- tem (or any portion thereof), or ‘‘SEC. 217. ACCESS TO TRANSMISSION BY INTER- action meets the standards of paragraph (4) ‘‘(C) meets other criteria the Commission MITTENT GENERATORS. and issues one or more orders tolling the determines to be in the public interest. ‘‘(a) FAIR TREATMENT OF INTERMITTENT time for acting on the application for an ad- ‘‘(3) The rate changing procedures applica- GENERATORS.—The Commission shall ensure ditional 90 days. ble to public utilities under subsections (c) that all transmitting utilities provide trans- ‘‘(6) For purposes of this subsection, the and (d) of section 205 are applicable to un- mission service to intermittent generators in terms ‘associate company’, ‘electric utility regulated transmitting utilities for purposes a manner that does not unduly prejudice or company’, ‘gas utility company’, ‘holding of this section. disadvantage such generators for character- company’, and ‘holding company system’ ‘‘(4) In exercising its authority under para- istics that are— have the meaning given those terms in the graph (1), the Commission may remand Public Utility Holding Company Act of transmission rates to an unregulated trans- ‘‘(1) inherent to intermittent energy re- 2002.’’. mitting utility for review and revision where sources; and SEC. 203. MARKET-BASED RATES. necessary to meet the requirements of para- ‘‘(2) are beyond the control of such genera- (a) APPROVAL OF MARKET-BASED RATES.— graph (1). tors. Section 205 of the Federal Power Act (16 ‘‘(5) The provision of transmission services ‘‘(b) POLICIES.—The Commission shall en- U.S.C. 824d) is amended by adding at the end under paragraph (1) does not preclude a re- sure that the requirement in subsection (a) of the following: quest for transmission services under section is met by adopting such policies as it deems ‘‘(h) The Commission may determine 211. appropriate which shall include the fol- whether a market-based rate for the sale of ‘‘(6) The Commission may not require a lowing: electric energy subject to the jurisdiction of State or municipality to take action under ‘‘(1) Subject to the sole exception set forth the Commission is just and reasonable and this section that constitutes a private busi- in paragraph (2), the Commission shall en- not unduly discriminatory or preferential. In ness use for purposes of section 141 of the In- sure that the rates transmitting utilities making such determination, the Commission ternal Revenue Code of 1986 (26 U.S.C. 141). charge intermittent generator customers for shall consider such factors as the Commis- ‘‘(7) For purposes of this subsection, the transmission services do not unduly preju- sion may deem to be appropriate and in the term ‘unregulated transmitting utility’ dice or disadvantage intermittent generator public interest, including to the extent the means an entity that— customers for scheduling deviations. Commission considers relevant to the whole- ‘‘(A) owns or operates facilities used for sale power market— the transmission of electric energy in inter- ‘‘(2) The Commission may exempt a trans- ‘‘(1) market power; state commerce, and mitting utility from the requirement set ‘‘(2) the nature of the market and its re- ‘‘(B) is either an entity described in section forth in paragraph (1) if the transmitting sponse mechanisms; and 201(f) or a rural electric cooperative.’’. utility demonstrates that scheduling devi- ‘‘(3) reserve margins.’’. SEC. 206. ELECTRIC RELIABILITY STANDARDS. ations by its intermittent generator cus- (b) REVOCATION OF MARKET-BASED RATES.— tomers are likely to have an adverse impact Section 206 of the Federal Power Act (16 AMENDMENT NO. 3001 on the reliability of the transmitting util- U.S.C. 824e) is amended by adding at the end (Purpose: To clarify provisions on access to ity’s system. the following: transmission by intermittent generators ‘‘(3) The Commission shall ensure that to ‘‘(f) Whenever the Commission, after a and make conforming changes) the extent any transmission charges recov- hearing had upon its own motion or upon On page 24, strike line 1 and all that fol- ering the transmitting utility’s embedded complaint, finds that a rate charged by a costs are assessed to such intermittent gen- public utility authorized to charge a market- lows through page 27, line 20 and insert the following: erators, they are assessed to such generators based rate under section 205 is unjust, unrea- on the basis of kilowatt-hours generated or sonable, unduly discriminatory or pref- SEC. 207. MARKET TRANSPARENCY RULES. Part II of the Federal Power Act is further some other method to ensure that they are erential, the Commission shall determine fully recovered by the transmitting utility. the just and reasonable rate and fix the same amended by adding at the end the following: by order.’’. ‘‘SEC. 216. MARKET TRANSPARENCY RULES. ‘‘(4) The Commission shall require trans- SEC. 204. REFUND EFFECTIVE DATE. ‘‘(a) COMMISSION RULES.—Not later than 180 mitting utilities to offer to intermittent Section 206(b) of the Federal Power Act (16 days after the date of enactment of this sec- generators, and may require transmitting U.S.C. 824e(b)) is amended by— tion, the Commission shall issue rules estab- utilities to offer to all transmission cus- (1) striking ‘‘the date 60 days after the fil- lishing an electronic information system to tomers, access to nonfirm transmission serv- ing of such complaint nor later than 5 provide information about the availability ice. months after the expiration of such 60-day and price of wholesale electric energy and ‘‘(c) DEFINITIONS.—As used in this section: period’’ in the second sentence and inserting transmission services to the Commission, ‘‘(1) The term ‘intermittent generator’ ‘‘the date of the filing of such complaint nor state commissions, buyers and sellers of means a facility that generates electricity later than 5 months after the filing of such wholesale electric energy, users of trans- using wind or solar energy and no other en- complaint’’; mission services, and the public on a timely ergy source. (2) striking ‘‘60 days after’’ in the third basis. ‘‘(2) The term ‘nonfirm transmission serv- sentence and inserting ‘‘of’’; and ‘‘(b) INFORMATION REQUIRED.—The Commis- (3) striking ‘‘expiration of such 60-day pe- sion shall require— ice’ means transmission service provided on riod’’ in the third sentence and inserting ‘‘(1) each regional transmission organiza- an ‘as available’ basis. ‘‘publication date’’. tion to provide statistical information about ‘‘(3) The term ‘scheduling deviation’ means SEC. 205. OPEN ACCESS TRANSMISSION BY CER- the available capacity and capacity of trans- delivery of more or less energy than has pre- TAIN UTILITIES. mission facilities operated by the organiza- viously been forecast in a schedule sub- Part II of the Federal Power Act is further tion; and mitted by an intermittent generator to a amended by inserting after section 211 the ‘‘(2) each broker, exchange, or other mar- control area operator or transmitting util- following: ket-making entity that matches offers to ity.’’.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1837 SEC. 209. ENFORCEMENT. of 1978 (16 U.S.C. 2621(d)) is further amended adopt, by rule, additional control and testing by adding at the end the following: requirements for on-site generating facilities AMENDMENT NO. 3002 ‘‘(13) NET METERING.—(A) Each electric and net metering systems that the Commis- (Purpose: To require states to consider utility shall make available upon request net sion determines are necessary to protect requiring time-of-use metering) metering service to any electric consumer public safety and system reliability. that the electric utility serves. On page 44, strike line 3 and all that fol- ‘‘(7) DEFINITIONS.—For purposes of this sub- ‘‘(B) For purposes of implementing this lows through page 45, line 12 and insert the section: paragraph, any reference contained in this following: ‘‘(1) The term ‘eligible on-site generating section to the date of enactment of the Pub- facility’ means— SEC. 241. REAL-TIME PRICING AND TIME-OF-USE lic Utility Regulatory Policies Act of 1978 METERING STANDARDS. ‘‘(A) a facility on the site of a residential shall be deemed to be a reference to the date electric consumer with a maximum gener- (a) ADOPTION OF STANDARDS.—Section 111(d) of the Public Utility Regulatory Poli- of enactment of this paragraph. ating capacity of 10 kilowatts or less that is cies Act of 1978 (16 U.S.C. 2621(d)) is amended ‘‘(C) Notwithstanding subsections (b) and fueled by solar energy, or fuel cells; or by adding at the end the following: (c) of section 112, each State regulatory au- ‘‘(B) a facility on the site of a commercial ‘‘(11) REAL-TIME PRICING.—(A) Each electric thority shall consider and make a deter- electric consumer with a maximum gener- utility shall, at the request of an electric mination concerning whether it is appro- ating capacity of 500 kilowatts or less that is consumer, provide electric service under a priate to implement the standard set out in fueled solely by a renewable energy resource, real-time schedule, under which the rate subparagraph (A) not later than one year landfill gas, or a high efficiency system. charged by the electric utility varies by the after the date of enactment of this para- ‘‘(2) The term ‘renewable energy resource’ hour (or smaller time interval) according to graph. means solar, wind, biomass, or geothermal changes in the electric utility’s wholesale (b) SPECIAL RULES FOR NET METERING.— energy. power cost. The real-time pricing service Section 115 of the Public Utility Regulatory ‘‘(3) The term ‘high efficiency system’ shall enable the electric consumer to man- Policies Act of 1978 (16 U.S.C. 2625) is further means fuel cells or combined heat and power. age energy use and cost through real-time amended by adding at the end the following: ‘‘(4) The term ‘net metering service’ means metering and communications technology. ‘‘(k) NET METERING.— service to an electric consumer under which ‘‘(B) For purposes of implementing this ‘‘(1) RATES AND CHARGES.—An electric util- electric energy generated by that electric paragraph, any reference contained in this ity— consumer from an eligible on-site generating section to the date of enactment of the Pub- ‘‘(A) shall charge the owner or operator of facility and delivered to the local distribu- lic Utility Regulatory Policies Act of 1978 an on-site generating facility rates and tion facilities may be used to offset electric shall be deemed to be a reference to the date charges that are identical to those that energy provided by the electric utility to the of enactment of this paragraph. would be charged other electric consumers of electric consumer during the applicable bill- ‘‘(C) Notwithstanding subsections (b) and the electric utility in the same rate class; ing period.’’. (c) of section 112, each State regulatory au- and thority shall consider and make a deter- ‘‘(B) shall not charge the owner or operator AMENDMENT NO. 3004 of an on-site generating facility any addi- mination concerning whether it is appro- (Purpose: To clarify state authority to tional standby, capacity, interconnection, or priate to implement the standard set out in protect electric consumers) subparagraph (A) not later than one year other rate or charge. after the date of enactment of this para- ‘‘(2) MEASUREMENT.—An electric utility On page 58, strike line 16 and all that fol- graph. that sells electric energy to the owner or op- lows through line 23 and insert the following: ‘‘(12) TIME-OF-USE.—(A) Each electric util- erator of an on-site generating facility shall SEC. 256. STATE AUTHORITY. ity shall, at the request of an electric con- measure the quantity of electric energy pro- Nothing in this subtitle shall be construed sumer, provide electric service under a time- duced by the on-site facility and the quan- to preclude a State or State regulatory au- of-use rate schedule which enables the elec- tity of electric energy consumed by the thority from prescribing and enforcing laws, tric consumer to manage every use and cost owner or operator of an on-site generating rules, or procedures regarding the practices through time-of-use metering and tech- facility during a billing period in accordance which are the subject of this section. nology. with normal metering practices. ‘‘(B) For purposes of implementing this ‘‘(3) ELECTRIC ENERGY SUPPLIED EXCEEDING AMENDMENT NO. 3005 paragraph, any reference contained in this ELECTRIC ENERGY GENERATED.—If the quan- (Purpose: To clarify the requirement for the section to the date of enactment of the Pub- tity of electric energy sold by the electric federal government to purchase renewable lic Utility Regulatory Policies Act of 1978 utility to an on-site generating facility ex- fuels) shall be deemed to be a reference to the date ceeds the quantity of electric energy sup- On page 64, strike line 8 and all that fol- of enactment of this paragraph. plied by the on-site generating facility to the ‘‘(C) Notwithstanding subsections (b) and lows through page 65, line 17, and insert the electric utility during the billing period, the following: (c) of section 112, each State regulatory au- electric utility may bill the owner or oper- thority shall consider and make a deter- ator for the net quantity of electric energy SEC. 263. FEDERAL PURCHASE REQUIREMENT. mination concerning whether it is appro- sold, in accordance with normal metering (a) REQUIREMENT.—the President shall seek priate to implement the standards set out in practices. to ensure that, to the extent economically subparagraph (A) not later than one year ‘‘(4) ELECTRIC ENERGY GENERATED EXCEED- feasible and technically practicable, of the after the date of enactment of this para- ING ELECTRIC ENERGY SUPPLIED.—If the quan- total amount of electric energy the federal graph.’’. tity of electric energy supplied by the on-site government consumes during any fiscal (b) SPECIAL RULES.—Section 115 of the Pub- generating facility to the electric utility ex- year— lic Utility Regulatory Policies Act of 1978 (16 ceeds the quantity of electric energy sold by (1) not less than 3 percent in fiscal years U.S.C. 2625) is amended by adding at the end the electric utility to the on-site generating 2003 through 2004, the following: facility during the billing period— (2) not less than 5 percent in fiscal years ‘‘(i) REAL-TIME PRICING.—In a state that ‘‘(A) the electric utility may bill the owner 2005 through 2009, and permits third-party marketers to sell elec- or operator of the on-site generating facility (3) not less than 7.5 percent in fiscal year tric energy to retail electric consumers, the for the appropriate charges for the billing pe- 2010 and each fiscal year thereafter— electric consumer shall be entitled to receive riod in accordance with paragraph (2); and shall be renewable energy. The President the same real-time metering and commu- ‘‘(B) the owner or operator of the on-site shall encourage the use of innovative pur- nication service as a direct retail electric generating facility shall be credited for the chasing practices by federal agencies. consumer of the electric utility. excess kilowatt-hours generated during the (2) DEFINITION.—For purposes of this sec- ‘‘(j) TIME-OF-USE METERING.—In a state billing period, with the kilowatt-hour credit tion, the term ‘‘renewable energy’’ means that permits third-party marketers to sell appearing on the bill for the following billing electric energy generated from solar, wind, electric energy to retail electric consumers, period. biomass, geothermal, fuel cells, municipal the electric consumer shall be entitled to re- ‘‘(5) SAFETY AND PERFORMANCE STAND- solid waste, or additional hydroelectric gen- ceive the same time-of-use metering and ARDS.—An eligible on-site generating facility eration capacity achieved from increased ef- communication service as a direct retail and net metering system used by an electric ficiency or additions of new capacity. electric consumer of the electric utility.’’. consumer shall meet all applicable safety, (c) TRIBAL POWER GENERATION.—The Presi- performance, reliability, and interconnec- dent shall seek to ensure that, to the extent AMENDMENT NO. 3003 tion standards established by the National economically feasible and technically prac- (Purpose: To require states to consider Electrical Code, the Institute of Electrical ticable, not less than one-tenth of the adopting federal net metering standard) and Electronics Engineers, and Underwriters amount specified in subsection (a) shall be On page 50, strike line 10 and all that fol- Laboratories. renewable energy that is generated by an In- lows through page 54, line 10, and insert the ‘‘(6) ADDITIONAL CONTROL AND TESTING RE- dian tribe or by a corporation, partnership, following: QUIREMENTS.—The Commission, after con- or business association which is wholly or SEC. 245. NET METERING. sultation with State regulatory authorities majority owned, directly or indirectly, by an (a) ADOPTION OF STANDARD.—Section 111(d) and nonregulated electric utilities and after Indian tribe. For purposes of this subsection, of the Public Utility Regulatory Policies Act notice and opportunity for comment, may the term ‘‘Indian tribe’’ means any Indian

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1838 CONGRESSIONAL RECORD — SENATE March 13, 2002 tribe, band, nation, or other organized group cluded in this bill in the way of elec- to discuss section 822 of the current or community, including any Alaska Native tricity restructuring. bill. village or regional or village corporation as There are going to be a couple of Section 822 sounds as if it is not very defined in or established pursuant to the issues that probably will require indi- Alaska Native Claims Settlement Act (43 offensive in a big bill such as this, but U.S.C. 1601 et seq.), which is recognized as el- vidual votes. We are still in the process it lies within the CAFE title. In short, igible for the special programs and services of defining the areas of disagreement section 822 provides grants for States provided by the United States to Indians be- that exist there. I see this as a substan- to establish scrappage programs for cause of their status as Indians. tial step forward. I thank the Senator cars that are 15 years old or older. Car (d) BIENNIAL REPORT.—In 2004 and every 2 from Wyoming. owners who choose to turn in their car years thereafter, the Secretary of Energy I yield the floor and suggest the ab- for scrap receive a ‘‘minimum pay- shall report to the Committee on Energy and sence of a quorum. ment.’’ Section 822 does not tell us Natural Resources of the Senate and the ap- The PRESIDING OFFICER. The what the ‘‘minimum payment’’ might propriate committees of the House of Rep- clerk will call the roll. resentatives on the progress of the federal be, but they pay now about $1,000 to government in meeting the goals established The assistant legislative clerk pro- $1,200 for scrapping cars. by this section. ceeded to call the roll. Further, section 822 would have the Mr. CAMPBELL. Madam President, I Department of Energy pay the former AMENDMENT NO. 3006 ask unanimous consent that the order car owner a ‘‘credit’’ toward the pur- (Purpose: To make conforming changes in for the quorum call be rescinded. chase of a new vehicle. Like the ‘‘min- the table of contents) The PRESIDING OFFICER. Without imum payment’’ language failing to On page 2, strike the items relating to sec- objection, it is so ordered. state how much that would be, this Mr. CAMPBELL. Madam President, I tions 205 through 210 and insert the fol- provision fails to tell us the value of lowing: ask unanimous consent that the pend- the taxpayer-subsidized ‘‘credit.’’ How- Sec. 205. Open access transmission by certain ing amendment be temporarily set ever, unlike the minimum payment, we utilities. aside. have no guidance what that ‘‘credit’’ Sec. 206. Electric reliability standards. The PRESIDING OFFICER. Without might be because, as with so much of Sec. 207. Market transparency rules. objection, it is so ordered. Sec. 208. Access to transmission by intermit- this little section, this is the first time tent generators. AMENDMENT NO. 3007 TO AMENDMENT NO. 2917 we have heard of it. Sec. 209. Enforcement. Mr. CAMPBELL. Madam President, I Since no hearings were held on sec- Mr. THOMAS. Madam President, send an amendment to the desk on be- tion 822, we don’t know how much it these amendments are from Senator half of myself, Senator GRAMM of would cost U.S. taxpayers. We do THOMAS of Wyoming and Senator Texas, Senator ENZI of Wyoming, and know, however, that the cost would be BINGAMAN of New Mexico. They have Senator BROWNBACK of Kansas, and ask enormous since there are approxi- been cleared on both sides. for its immediate consideration. mately 38 million cars at least 15 years The PRESIDING OFFICER. The Mr. BINGAMAN. Madam President, I old or older currently on the roads. If clerk will report. do support the amendments. We have we estimate that just one-quarter of The assistant legislative clerk read worked jointly with Senator THOMAS those car owners choose to scrap their as follow: and his staff to perfect these amend- automobile and receive the $1,000 and ments. I think they are acceptable on The Senator from Colorado [Mr. CAMP- get another $1,000 to purchase a DOE- BELL], for himself, Mr. GRAMM, Mr. ENZI, and this side. As far as I know, there is no approved vehicle, the cost to the U.S. objection to their adoption. Mr. BROWNBACK, proposes an amendment numbered 3007. taxpayer would be about $19 billion— The PRESIDING OFFICER. Is there deficit dollars that could go to much further debate? Mr. CAMPBELL. Madam President, I ask unanimous consent that further better uses as we approach deficits If not, without objection, the amend- next year. ments are agreed to en bloc. reading of the amendment be dispensed When I first heard of section 822, I The amendments (Nos. 3000 through with. wondered: Why should we do this? Why 3006) were agreed to en bloc. The PRESIDING OFFICER. Without should States be burdened with estab- Mr. THOMAS. Madam President, I objection, it is so ordered. lishing a voluntary program to scrap move to reconsider the vote. The amendment is as follows: Mr. BINGAMAN. I move to lay that (Purpose: To strike the section establishing old cars? Why should U.S. taxpayers be motion on the table. a program to provide assistance for State subsidizing some people to buy new The motion to lay on the table was programs to retire fuel-inefficient motor cars? I am a big supporter of the auto agreed to. vehicles) industry, but I don’t support Govern- Mr. THOMAS. Madam President, I Strike section 822. ment subsidizing their sales. thank the chairman for his cooperation Mr. CAMPBELL. Madam President, Section 822 simply states its purpose: in finding some areas on which we are the bill we are considering is an ex- To retire fuel-inefficient vehicles, the in agreement and on which we can tremely large and expansive bill deal- assumption being that any car 15 years move forward. This electric title of the ing with many important and con- old or older would be inefficient. energy bill is a very important one. troversial topics. Although the bill was This is a brandnew approach to ad- Probably nothing affects more people stripped from its committee of juris- dress fuel efficiency and gasoline con- than the electric aspect of energy. We diction pretty much completely behind sumption, an approach that has not are very pleased. closed doors, we have an idea of the been discussed at any level and that We do have several more amend- issues with which we have been deal- has not been studied. In principle, I op- ments in this area, some of which will ing. CAFE, ANWR, and renewables are pose the making of rash decisions with- come up for a vote. Certainly being all topics we are familiar with and out adequate knowledge or public hear- able to agree on these and move them which have been debated for some days ings, or input from the public at large, forward is a great advantage. I appre- now. particularly when the results could ciate the cooperation of the Senator I am here to discuss a very small pro- hurt the American people, since sec- from New Mexico. vision that many of my friends may tion 822 was included in this bill with- Mr. BINGAMAN. Madam President, I not have noticed because it is buried out any study whatsoever. thank the Senator from Wyoming for pretty deeply. That provision, unlike Beyond principle, I also oppose sec- his leadership on this issue. He has several others that have been discussed tion 822 on its merits as it is fundamen- been very focused on trying to get and studied, will be discussed for the tally flawed, expensive, and potentially these provisions right. We have worked first time, I believe, now. a harmful policy. Some States have hard with him and his staff to be sure Before getting into my comments, I elected to establish scrappage pro- that that is what has happened. This wish to state that a comprehensive en- grams to get vehicles with poor emis- package of amendments we have now ergy bill is no place to put this new and sions off the road. Again, section 822’s adopted moves us substantially toward untested idea; such an action is, at purpose is to get fuel-inefficient cars a consensus on what ought to be in- best, poor policy. In particular, I wish off the road—the first of its kind.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1839 States that choose to enact I mentioned this provision would re- this will cost. That is right because scrappage programs are not in compli- ward those people who do not want to this is strictly an authorization. It will ance with clean air regulations. Those put money out for repairs. In addition cost whatever we decide to appropriate States choose scrappage programs as a to establishing a scrappage program, for this program. Congress will still tool, among others, because they be- section 822 also requires States to es- have to make a judgment as to whether lieve they are effective in meeting tablish repair programs. As provided in to appropriate anything for this pro- health concerns. that section, a car owner paying 20 per- gram. Section 822 creates incentives not to cent of the cost would have the State This is a grant program to States further public health but to further un- fix his vehicle, normally through a that want to participate. We will either founded prejudices against older vehi- tuneup, to increase fuel efficiency. put some money in to fund this grant cles. The Federal Government and States program or we will not, and we will Under State scrappage programs, the should not be turned into tuneup sta- specify each year the amount of funds State is able to means-test a polluting tions to have people properly maintain we think should be made available to vehicle so that only those affecting their vehicles, something which they the Department of Transportation to public health would be scrapped. Yet should do out of their own pockets. fund this program. this federally promoted, State-run The majority correctly states that It is clear it is a purely voluntary scrappage program does not provide section 822 is a voluntary program, but program on the part of States. There any means testing to ensure that only it is not voluntary for the Federal Gov- are some States that have vehicle fuel-inefficient vehicles are scrapped. ernment which is compelled to estab- scrappage programs in place today. Therefore, a 1986 Ford Escort getting 41 lish a carrot-and-stick approach to en- There may be other States that would miles to the gallon would be treated tice States to engage in potentially want to consider that. The purpose of the same as a Cadillac Seville of the disastrous and certainly burdensome the provision is obvious. The purpose of same year that only gets 17 miles per actions. the provision is to try to assist with gallon. The participating State must create getting extremely fuel-inefficient vehi- The only criteria would be that they two new programs just in case someone cles, high-emission vehicles off the are both 1986 automobiles. I give that might decide to volunteer to scrap road where there is a desire on the part example to show simply that section their car or have the Federal Govern- of the owner of the vehicle to either 822 is fundamentally flawed: that older ment pay 80 percent of their repair improve the efficiency of that vehicle cars are all inefficient and, therefore, costs. The burden on States could be or to trade that vehicle in and get should be treated the same. enormous. something else. That is the clear intent Since this is the first time the Sen- My friends, the authors, might say of these programs that some States ate has heard about this provision, we the State would not be hurt because have adopted. should review who is benefited and who the Federal Government provides funds What we are saying is that the Fed- is injured and what are the costs and eral Government would be authorized benefits of section 822. through grants for those programs, but through the Department of Transpor- First of all, section 822 would have a we have no idea how much that will disproportionate impact on low- and cost. We do not know because we have tation to assist States in these pro- fixed-income individuals. It is more had no hearings and no studies on this grams to the extent that we appro- cost effective for people of low means section. priate money to support them. The argument by the Senator from to maintain older vehicles than to buy We all know the Federal Government Colorado is that this is a terrible bur- new ones. However, the scrappage pro- never provides enough money to States den on people with low incomes. There gram in section 822 would reduce the to enact programs and, in uncertain is obviously a misunderstanding about supply of car parts, thereby increasing times such as these, I do not think we the cost to citizens with lower in- should approve ill-conceived and uncer- what this provision says. This is purely comes. tain measures when we do not know a voluntary provision. Nobody is re- The reduction of car parts would det- the bottom line pricetag. quired to do anything under the lan- rimentally affect the aftermarket How is the State going to administer guage of this section 822. If an indi- parts industry, 98 percent of which are the public notification and salvage of vidual wants to continue driving a 30- made up of registered small businesses. parts? Who may participate in the year-old vehicle, that is their option. I think it is safe to assume the au- parts salvage? Will that be open to in- There is no penalty; there is no re- thors did not intend to hurt low-in- dividuals or restricted to businesses? quirement they do anything. They come individuals and small businesses And how will a State value and sell the clearly would not even have the oppor- during a recession. Yet that is the un- parts of the cars? We simply do not tunity to do anything if they were in a intended consequence that most surely know. State that did not have one of these ve- would happen. In closing, those of us who are co- hicle scrappage programs. Who would benefit? Just as this pro- sponsoring this amendment have had If they were in a State that did have vision hurts the most vulnerable, sec- only a brief time to look at this sec- a vehicle scrappage program, then at tion 822 unjustly enriches people of bet- tion. We believe it is the wrong ap- least if that program was receiving ter wealth. In short, section 822 is tan- proach. Our amendment will strike sec- Federal funds, the State could use tamount to corporate welfare for auto- tion 822 from the bill. some of those Federal funds under the motive companies and upper classes. Madam President, I ask for the yeas program that is designed by the State. I submit the Federal Government and nays on this amendment. The individual could use some of those should not be in the advertising busi- The PRESIDING OFFICER. Is there a funds to compensate for having the ve- ness to sell cars. The Department of sufficient second? hicle scrapped or to repair the vehicle Energy credit to purchase new cars is There appears to be a sufficient sec- so that it is more efficient, so that it akin to a mail-in rebate as advertised ond. has fewer emissions. That is clearly the on television, a wasteful expense that The yeas and nays were ordered. purpose of it. cheapens important energy issues and The PRESIDING OFFICER. The Sen- As to the argument that this will the work of this body. ator from New Mexico. cause a problem with the salvage of Further, I do not believe the Federal Mr. BINGAMAN. Madam President, valuable parts for vehicles, there is a Government should have any role in first, I am disappointed that the Sen- specific provision in the bill that the pushing certain vehicles on consumers. ator from Colorado has chosen to pro- Secretary cannot provide any funds to The private market is described as an pose striking this provision entirely. a State under this program. The Sec- ‘‘invisible hand.’’ However, section 822 The provision is clearly written in a retary could not provide funds unless would certainly strengthen that hand. way that provides absolute maximum the State’s plan allows for giving pub- By paying people to choose certain cars flexibility to States to participate or lic notification before any parts are over others, the Federal Government not participate. scrapped so that those parts could be would inappropriately insert itself into The Senator starts out with the argu- purchased or auctioned or otherwise private decisions. ment that we do not know how much salvaged.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1840 CONGRESSIONAL RECORD — SENATE March 13, 2002 And as to the objections that the we can reach an agreement which will have been involved in that words do Senator has cited, we heard similar ob- allow us to vitiate this cloture motion, have meaning and some people view jections to an earlier version of this and if that can be done, we will vitiate words that are technical as not tech- section. Frankly, we thought we had the vote on cloture on Friday and we nical. accommodated the concerns that were will move forward, but time has run We require the agreement of all of brought to us and modified the amend- out. our colleagues who have been involved ment in order to do that. It is essential we at least file cloture in this issue, including Members of the Now, of course, after making the today on the motion to proceed in House, and we have to be sure of a cer- modifications, we are faced with an order to accommodate a worst case sce- tain methodology that would be taken amendment to strike the section en- nario on campaign finance reform. I up in the other body. So we will be glad tirely. I think it is good public policy have put all of our colleagues on notice to continue to negotiate. I hope we can for the Federal Government to assist that this is one piece of legislation reach agreement, but under no cir- States that want to have these pro- that must be completed prior to the cumstances would our failure to reach grams. I do not see why it is in the pub- time we leave for the Easter recess. So an agreement on a technical package lic interest to strike a provision that we will have the cloture vote on Fri- of amendments impede the process we enables the Secretary of Transpor- day, if it is required. We will then be on are now embarked on of reaching final tation to pursue this, to the extent the the bill on Monday. I will notify our resolution on Shays-Meehan/McCain- Appropriations Committee puts in colleagues that we will file cloture on Feingold before we leave for the next funds to support the program. Monday for a Wednesday cloture vote, break. So I very much hope we will not and assuming we get cloture on I wish to make it clear, I am willing, adopt the Senator’s amendment and Wednesday, we will be in session all along with my colleagues, to work on have this provision stricken from the night Wednesday night, all night so-called technical amendments, but in bill. To my mind, it is a good provision. Thursday night, and we will then have no way would they impact the final It provides an opportunity for States our vote on Friday. passage of the bill because they are to move ahead with these programs So Senators should be aware, it may technical in nature. That is the name where they would like to do that and be unusual but we will be involved in of them. So I, again, thank the major- where Federal funds are made avail- an all-night session Wednesday and ity leader. I thank my friend Senator able. Thursday night in order to complete FEINGOLD, and perhaps—and I empha- As I see it, it is not onerous in any our work on the bill by Friday. size ‘‘perhaps’’—we can reach some am- respect as to either what States are re- Now again, it is my hope that per- icable agreements to get this thing quired to do or what individuals are re- haps we can reach some agreement done without causing discomfort to the quired to do. The entire effort is purely with regard to the package of technical schedules and lives of our colleagues. voluntary. amendments. We have not been able to The PRESIDING OFFICER. The Sen- I yield the floor. do it to date. I am concerned that time ator from Nevada. The PRESIDING OFFICER. The ma- is quickly running out, but we are cer- Mr. REID. I know the Senator from jority leader. tainly more than willing to continue Wisconsin wishes to say a few words, f our discussions. I have run out of time but before these two men leave, I want- in terms of our ability to assure we can ed to be able to say to them it is not BIPARTISAN CAMPAIGN REFORM have the cloture votes at a time that often in this body that one can make ACT OF 2002—MOTION TO PROCEED will accommodate completing our such a significant difference as they CLOTURE MOTION work by the end of next week. have done with campaign finance. Mr. DASCHLE. Madam President, I So I thank my colleagues. I espe- I can remember in 1986, I woke up one move to proceed to H.R. 2356, and I cially thank the distinguished Sen- morning and the State of Nevada was send a cloture motion to the desk. ators MCCAIN and FEINGOLD for their covered with signs of my opponent. I The PRESIDING OFFICER. The clo- extraordinary work and effort in get- thought to myself, what a tremendous ture motion having been presented ting us to this point. waste of money. Why would he be wast- under rule XXII, the Chair directs the I yield the floor. ing money on signs? They cost so clerk to read the motion. The PRESIDING OFFICER. The Sen- much. So I filed a complaint with the The assistant legislative clerk read ator from Arizona. Federal Election Commission. Two as follows: Mr. MCCAIN. Madam President, I years later I get a response that they CLOTURE MOTION thank the majority leader for his have done something technically in We, the undersigned Senators, in accord- steadfastness in this effort. It has been violation. ance with the provisions of rule XXII of the a long odyssey, and as we have reached The fact is, the signs were paid for by Standing Rules of the Senate, hereby move crucial points he has been extremely the State party. That was the begin- to bring to a close the debate on the motion helpful in moving this process along. It ning of this rush of corporate money. to proceed to Calendar No. 318, H.R. 2356, a has been pretty clear in the last few From that time, 1986 to 1998, 12 years, bill to provide bipartisan campaign reform: weeks that the opposition has chosen it changed dramatically. Between JOHN Russell D. Feingold, Tom Daschle, Tim to delay consideration of the bill. So I Johnson, Byron Dorgan, Bob Graham, ENSIGN and HARRY REID, from signs Daniel Inouye, Joe Biden, Patty Mur- thank him and look forward to trying paid for by the State party, there was ray, Jim Jeffords, Jeff Bingaman, to reach an agreement with the oppo- $20 million spent in the State of Ne- Debbie Stabenow, Max Baucus, Ben nents of the bill so we are not required vada, not counting independent ex- Nelson of Nebraska, Harry Reid, Rich- to follow the scenario as outlined by penditures. The vast majority of that ard J. Durbin, Jon Corzine, Tom Car- the majority leader. I am not sure we was corporate money. That is not per. can get an agreement without that sce- going to happen when this legislation Mr. DASCHLE. Madam President, I nario being presented. So I thank him takes effect. withdraw the motion to proceed. for that. I am so grateful to these two men for The PRESIDING OFFICER. The mo- For the benefit of my colleagues, what they have done to make my life tion to proceed is withdrawn. Senator MCCONNELL approached me a more understandable. I will still have Mr. DASCHLE. Madam President, as short time ago. He said he wanted to to work hard to raise money, but I will I indicated to Senator LOTT and as I in- continue negotiations on a so-called not have to go to people and ask for dicated yesterday to a joint leader package of technical amendments and large sums of money for the State meeting, we would be required to file that he would not insist that a sub- party, or for myself for the State cloture on the motion to proceed to the stantive amendment be considered on party, however it worked, however one campaign finance reform bill today, it. I will be glad to, along with my col- had to do it just right. this afternoon. We have been working league Senator FEINGOLD, consider any I know the Senator from Arizona has patiently with our colleagues who have technical changes that are purely tech- indicated he appreciated Shays-Mee- opposed campaign reform now for some nical in nature, but we have found out han. Well, I appreciate the work they time. I am still hopeful that perhaps in the course of this long odyssey we have done, also. I admire those two

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1841 men a great deal. These two gentlemen Unless there is a change by the two dividuals. Even if, as proponents claim, have to understand that the House leg- managers of the bill, we will have that section 822 did improve emissions islation would never have passed with- vote about 4:30 this afternoon. We will somewhat, the program will definitely out their travels around the country have announcements at a later time. create a burden on the used car market daring people not to do something The PRESIDING OFFICER. The Sen- and the low- to middle-income families about this. It was because of these two ator from Kansas. who buy them. that a cloture motion was signed and Mr. BROWNBACK. What is the pend- If the vehicles are scrapped, then filed in the House forcing the House ing business? their parts are destroyed. A reduced leadership to take up this legislation. AMENDMENT NO. 3007 supply of older auto parts translates Now there is going to be a lot written The PRESIDING OFFICER. The into an increased demand for these about this. There will never be enough amendment is No. 3007, offered by the parts, raising the cost for anyone who positive written about the work you Senator from Colorado. desires to responsibly maintain his or two have done. If you never do another Mr. BROWNBACK. I rise to speak in her older vehicle. Low- and fixed-in- thing legislatively—which you both do favor of the amendment of my col- come car occupiers who cannot afford a great deal—you have done so much. league from Colorado. to purchase a new DOE-approved vehi- There are very few people in the his- Is there a time agreement or alloca- cle are affected. I don’t think the au- tory of this country, in my opinion, tions on the amendment? thors of this provision desire that sort The PRESIDING OFFICER. There is legislatively, that have done as much of feature. That is the likely impact. none. If the Department of Energy gets as you are about to accomplish when Mr. BROWNBACK. I rise to speak in into a State grant program and buys up this legislation passes. favor of the amendment put forward by a bunch of older used cars, it will drive I wanted you to be here to tell you my colleague from Colorado, Senator how much people will appreciate the up the market price for the cars. That BEN NIGHTHORSE CAMPBELL, on the ve- is not an impact we want on lower or fact, even though they may not feel the hicle scrap provision that is in the un- moderate-income families, or families benefit as some Members here, with the derlying energy bill. work you have done. It will improve The Senator from Colorado has hit it seeking to buy a first-time car for a our system of government, and it will right. This program is not a good idea. younger member of the family. They put it back, in my opinion, the way it It is not a good idea to put forward should not be competing against the used to be, when people campaigned— Federal funds to purchase used cars as Government for that car, nor should instead of going out seeing how much a way of trying to improve fuel effi- they compete against the Government money they could raise. ciency. This is unproven, not wise, and for replacement parts for that car be- The PRESIDING OFFICER. The Sen- expensive in the process. Plus, by the cause the older vehicles are being ator from Wisconsin. number of calls and letters we have scrapped. Mr. FEINGOLD. We thank the Sen- been getting in my office, a lot of peo- Vehicle scrappage hurts small busi- ator from Nevada for his extremely ple do not think it is a very bright idea ness by encouraging the destruction of kind words and we thank the majority to go with this program. They do not older, and in some cases vintage, cars leader for his firm resolve in a very see the benefits. A number of car en- and the parts necessary for mainte- reasonable timeframe to bring this thusiasts think this is a program nance. This provision would have a det- matter to a conclusion. I also thank aimed at getting at them. rimental effect on the automotive in- the Senator from Nevada for the many This provision creates a federally dustry on aftersales. After the new car hours he has been here with us on this funded program giving grants to States is sold, there is a huge industry that issue. He has been extremely helpful. I to establish scrappage programs for ve- supports the auto industry in the auto- look forward to the final stages with hicles 15 years or older or pursue re- motive sales after the original sale; 98 the Senator from Nevada and my col- pairs to improve fuel economy. Owners percent of that business is comprised of league. who turn in such vehicles receive a small businesses. The PRESIDING OFFICER. The Sen- minimum payment and future credit The potential cost of the program to ator from Arizona. toward purchasing a new vehicle, meet- taxpayers is unclear. Certainly the Mr. MCCAIN. Madam President, I ing certain DOE guidelines. benefits are unclear, but the costs are thank the Senator from Nevada not The stated intent is to retire fuel-in- unclear. This provision states neither only for his kind remarks, which may efficient vehicles, the first program of how much DOE will pay for each be to some degree undeserved, but his its kind. All prior State scrappage pro- scrapped vehicle nor the value of the continuous help as we have gone grams sought to address poor emis- credit toward a new vehicle purchase. through every conceivable parliamen- sions. The provision requires a vehicle The State programs do not offer a clear tary obstacle as we moved forward. I to be scrapped, not stripped for parts. precedent. The State of California Bu- am very appreciative of his patience, To make a couple of points, this pro- reau of Automotive Repair pays $1,000 as well as his kind words. vision has no guaranteed environ- for each donated car. However, this Perhaps we are entering the last mental benefit. Vehicle scrapping re- program addresses the State’s poor air phase. Perhaps not. As the famous phi- quires States neither to determine the quality, not fuel efficiency. Moreover, losopher Yogi Berra said: It ain’t over fuel efficiency of vehicles being no State provides interested car dona- until it’s over. scrapped nor to certify that scrapped tors with credits toward the purchase I think we have established a sce- vehicles are replaced by more fuel-effi- of new cars. This vehicle scrap program nario which could lead us to a conclu- cient vehicles. A carowner could scrap does not meet its own intended goals. sion. I believe, for a period of time, this an older but more fuel-efficient com- It hurts low- and middle-income fami- result may have the beneficial effect pact car and replace it with a newer lies who are the predominant buyers of that Senator REID predicts. but less fuel-efficient vehicle. While re- used cars or families buying for first- I yield the floor. visions have been made to address this time car users. f problem, the fundamental issue re- It is the wrong way to dedicate our mains: There is no guarantee that the Federal resources. We all want a better NATIONAL LABORATORIES PART- scrapped car is actually replaced by a environment, but this is not the way to NERSHIP IMPROVEMENT ACT OF more efficient one. That is point one. achieve it. I urge my colleagues to vote 2001—Continued Under this provision, cars rarely or in favor of the Campbell amendment to Mr. REID. For the information of all never driven, vehicles that have mini- take out this provision. Senators, Senator DASCHLE has indi- mal or no impact on overall fuel econ- This impacts a lot more people than cated he would like a vote about 4:30 omy, may be turned into scrap. DOE what might appear on the surface. It this afternoon. So everyone should ar- would be required to pay and give cred- has broad impact for the public. It is range their schedules accordingly. This it to carowners for these cars, although not being well-received by the public. vote is on the Campbell amendment. they are just sitting there. We are getting a number of calls and Senator CAMPBELL has asked for the This provision could possibly hurt letters in our office saying this is a bad yeas and nays. They have been ordered. low- and fixed-income families and in- idea for a program. It seems highly

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1842 CONGRESSIONAL RECORD — SENATE March 13, 2002 controversial and questionable in its cles being scrapped, where scrapped ve- Mr. WELLSTONE. Mr. President, I ability to impact in a positive way fuel hicles are being replaced by more fuel- think this energy bill is critically im- efficiency. With the lack of support efficient vehicles. A car owner could portant. The whole question of how we from the public, this provision should scrap an older but more fuel-efficient consume and produce energy in rela- be scrapped—not the vehicles. compact car and replace it with a tionship to the environment is criti- For that reason, I call on my col- newer but less fuel-efficient vehicle. cally important, especially in my State leagues to vote for the Campbell Section 822 would require the Depart- of Minnesota at the other end of the amendment. ment of Energy to give credit to car pipeline where we import our oil in I yield the floor and suggest the ab- owners who turn in cars that are rarely barrels and natural gas, and we export sence of a quorum. or never driven—vehicles that have our dollars. The PRESIDING OFFICER. The minimal or no impact on overall fuel I will be in the Chamber talking clerk will call the roll. economy. about energy policy a lot, especially as The assistant legislative clerk pro- Further, this section requires the we focus on renewables and clean fuel. ceeded to call the roll. States to create a program that pro- Mr. REID. Mr. President, I ask unan- I ask unanimous consent to speak in vides public notification of the intent morning business. imous consent the order for the to scrap and allow the salvage of ‘‘valu- The PRESIDING OFFICER. Without quorum call be dispensed with. able parts’’ from the vehicle without objection, it is so ordered. The PRESIDING OFFICER (Mr. providing for the costs or the regula- (The remarks of Mr. WELLSTONE are JOHNSON). Without objection, it is so tion of this operation; determines the printed in today’s RECORD under ordered. registration, operational status, and ‘‘Morning Business.’’) Mr. REID. Mr. President, I have spo- repair needs of vehicles as well as the ken to the managers of this legislation dissemination of funds for these proce- The PRESIDING OFFICER. The Sen- and, as a result of that, I ask unani- dures; and provides reports on the pro- ator from New Mexico. mous consent that at 4:20 p.m. this gram’s fuel efficiency to the DOE. Mr. DOMENICI. Parliamentary in- afternoon there be 10 minutes of debate Since we have spent a good deal of quiry: Mr. President, are we still on in relation to Campbell amendment time here on safety and costs, what the bill and on an amendment? No. 3007, equally divided between Sen- about the cost? We don’t know what The PRESIDING OFFICER. The Sen- ators CAMPBELL and BINGAMAN prior to the cost to the taxpayer will be. ate is on the energy bill and on amend- the 4:30 vote in relation to the amend- Section 822 requires all U.S. tax- ment No. 3007 by Senator CAMPBELL. ment, with no second-degree amend- payers to pay for some to purchase new Mr. DOMENICI. Mr. President, I have ments in order prior to that vote. cars. It does not state how much the no amendment to offer at this time, The PRESIDING OFFICER. Without DOE will pay for the vehicle or the but I ask unanimous consent that I be objection, it is so ordered. value of the credit towards the pur- given up to 7 minutes as in morning Mr. MURKOWSKI. Mr. President, I chase of the new vehicle. business for some comments on the rise to join Senator CAMPBELL in op- No State currently provides new car economy, which is indirectly related to posing section 822 of S. 517, which is buyers with ‘‘credits’’ towards the pur- the energy bill. pending. I support the amendment by chase of new cars. Since there is no The PRESIDING OFFICER. Without Senator CAMPBELL to strike that. The precedent concerning ‘‘credits’’ and objection, it is so ordered. section creates a federally funded pro- section 822 provides no guidance, no Mr. DOMENICI. I thank the Chair gram requiring States to establish one knows the total cost to the U.S. and thank the Senate. scrappage programs for vehicles 15 taxpayers. (The remarks of Mr. DOMENICI are years and older, or pays such car own- Section 822 would establish the vol- printed in today’s RECORD under ers to improve the fuel economy. Own- untary repair programs for vehicles ‘‘Morning Business.’’) ers who turn in such vehicles receive without detailing guidelines or costs of The PRESIDING OFFICER. The Sen- the minimum payment and a future those repairs. ator from Alaska. credit towards purchasing a new vehi- I am told there are over 38 million Mr. MURKOWSKI. Mr. President, I cle that meets certain DOE guidelines. cars 15 years old or older on the roads was in the office when the electricity The section’s stated intent is to re- right now. Current State programs cur- tire inefficient vehicles. This is really portion was discussed. First, I com- rently pay $1,000 for each donated car. pliment the staffs who worked so hard the first of its kind. All prior State This translates into at least $38 billion scrappage programs sought to address to reach an accord, Senator BINGAMAN in potential Department of Energy and his staff, our staff. The adoption of primarily poor emissions standards. costs for scrappage payments alone and Who is affected by this? Although the bipartisan package of amendments does not include repair or purchase in- section 822 is a voluntary program, ev- was a good, encouraging start in this centive costs included in the provisions eryone who opts in is penalized. A re- long process to resolve the electricity of this section. issue. I have long advocated moving duced supply of auto parts translates As Citizens Against Government to increased costs to everyone who forward to promote competition in the Waste states: electric power industry. Competition wants to responsibly maintain their This provision has all the symptoms of de- older vehicles. Since section 822 dis- certainly benefits consumers, increases veloping into a costly government program supply, helps reduce the cost of power. proportionately impacts or penalizes that can be handled far more efficiently and low-income and fixed-income vehicle inexpensively by the private sector. I have long promoted the three guid- owners, car owners who cannot afford What we have here is an effort to ing principles for good electric legisla- to purchase a new Department-of-En- take the older cars that are paid for off tion: To deregulate where we can, ergy-approved vehicle are particularly the road—not because of concern over streamline where we can, and not affected by the increased costs of parts emissions but rather a concern over interfere with the States protecting re- as they translate to increased mainte- taking away parts availability of these tail customers. nance as the car grows older. cars as a consequence of removing It would be appropriate to basically Section 822 would have a detrimental them from the highways. underline what we have been able to impact on small businesses. Mr. Presi- A lot of collectors and others who accomplish. I also thank a number of dent, 98 percent of the aftermarket want to have good used cars clearly my colleagues. Senator CRAIG THOMAS, parts industry are really small busi- look upon this as an intrusion of the particularly, had the initiative under nesses. Some people would refer to Federal Government into their own the leadership’s guidance to coordinate them as car yards, yards and so forth. privacy which they treasure. this for the minority. I want to take a But particularly for young people I support the amendment by Senator few minutes to recognize what we were growing up and people on modest in- CAMPBELL, which is section 822 of the able to do from what the underlying come, that is where they get their bill. bill addressed. parts. I yield the floor. Under section 202, mergers, there was Section 822 does not require States to The PRESIDING OFFICER. The Sen- a concern. The concern was that it determine the fuel efficiency of vehi- ator from Minnesota. would be a major expansion of FERC

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1843 authority over traditional State mat- PURPA section 111(d) requirement that in the United States. Some people ters with no time limit on FERC re- State PUCs and nonregulated utilities think we have shut our nuclear indus- view and action. By this bipartisan ef- consider the Federal standard. try down or that we have shut our nu- fort, we were able to come up with a Section 256, State authority: The clear powerplants down. That is not solution. The solution reduces the ex- concerns there were: Preempted State true. The truth is, 20 percent of the pansion of FERC authority, raises the consumer protection laws and regula- power we use in this Nation is gen- threshold for FERC review of asset tions to the extent they are incon- erated by nuclear energy. sales from $1 million to $10 million, ex- sistent with FTC regulations. The solu- Nuclear power produces energy with- cludes from FERC review acquisition tion was: Eliminate preemption. out compromising air quality and with- of generation that is under State juris- Section 263: The concern is: Required out dangerous reliance on fuel exports diction, and establishes procedures for the Federal Government to purchase from politically unstable regions of the expedited action on merger applica- renewable power—regardless of the world. tions. cost. That was somewhat contentious. When we look a few years into the fu- Secondly, under section 203, the mar- The DOD needs to spend money on the ture, the projected demand for in- ket-based rates, there was a concern war—not renewables. The solution was: creased electric power is staggering. that it gave FERC broad authority to ‘‘Best efforts’’ only to purchase renew- That is one of the reasons we are con- take ‘‘any action’’—that startled a lot able power. sidering this legislation: because the of people—any action to initiate unjust So we went from a mandate requiring demand for power and the demand for rates, including divestiture and manda- the Federal Government to purchase energy is far outpacing our ability to tory RTO participation. It specified six renewable power, regardless of the produce it. Because we have different specific factors FERC must use when cost, to a solution that was to use the views about production, we have con- granting/revoking market-based rates best efforts only to purchase renewable flicting views about conservation; that which possibly intrude on State rate- power. does not mean the demand, or the chal- making. I thought that explanation was in lenge, is going to go away. Again, the question was the broad order because there are a lot of terms It means we have to work harder to authority to take any action. What we and technology involved here. I think find solutions, and this is one solution. did in the solution was FERC can only it is meaningful that we have a solu- According to the Energy Information fix the rate itself, if found to be unjust. tion and we have a bipartisan agree- Administration, by the year 2020 the And the six specific criteria modified ment. U.S. will need, under current trends, to be three general criteria that FERC I thank my colleague, the Senator 400,000 megawatts of additional electric can use if FERC considers them to be from New Mexico, and others who were power capacity. That is the equivalent relevant. So we took the authority active in this, including the profes- of 400 new coal plants or gas-fired from any action and conditioned it. If sional staff who worked so hard to plants to be built in this country be- they found it to be unjust, then they achieve it. fore the year 2020. have the authority to fix it. I suggest the absence of a quorum. I am in no way opposed to burning The other one in section 204, refund The PRESIDING OFFICER. The coal. We are doing it in a much cleaner effective date: The concern was the clerk will call the roll. and better way for our environment. I provision created an open-ended period The senior assistant bill clerk pro- am obviously not opposed to domestic for FERC to act to establish a ‘‘refund ceeded to call the roll. natural gas production or imported effective date.’’ Refunds, of course, Ms. LANDRIEU. Mr. President, I ask natural gas. That also meets our new might never go into effect. The solu- unanimous consent that the order for environmental standards. We have to tion was: Restore existing law which the quorum call be rescinded. meet some of this demand, but for en- provides a 5-month window for FERC The PRESIDING OFFICER (Mr. vironmental and energy security rea- to establish the refund effective date. CORZINE). Without objection, it is so or- sons we cannot completely rely on Section 205, transmission inter- dered. these sources. connections: The concern there was AMENDMENT NO. 2995 Just to maintain the existing propor- whether it gave FERC authority on Ms. LANDRIEU. Mr. President, I tion of nonemitting nuclear power in own motion to order construction of thought I would take a moment to our energy mix, we will have to con- transmission and sale of electricity. It speak about an amendment that has al- struct 50 nuclear plants. So we have to didn’t have to be requested by a third ready been accepted. I was very proud build more nuclear powerplants, and party. to offer this amendment along with our amendment helps to build them in Eliminated protections in existing Senator DOMENICI and Senator CRAIG the right ways. law—Bonneville, for example—and yesterday. I thank the chairman for his It is clear to this Senator that the their retail wheeling issue: A solution leadership in this effort. Because the environmental and energy security to that was to strike section 205 en- time was short yesterday and we really benefits of nuclear power are so com- tirely. We eliminated that concern. did not get to present the amendment, pelling that not only must we ensure Section 209, access to transmission I thought I would say a few words the continued operation of our existing by intermittent generators: The con- about it while we have time pending a plants, but we must also encourage the cern there was: Gave transmission sub- vote. construction of new plants in this sidies to ‘‘intermittent’’ generators; This amendment by Senator DOMEN- country to help meet this extraor- created a presumption that intermit- ICI, Senator CRAIG, and myself says will dinary demand. tent generators do not create any reli- contribute to the strengthening of this Let me be very clear, when push ability problem; did not allow utilities bill. comes to shove, we have a very short to recover all costs of transmitting It says that as we develop our nu- list of energy options for the foresee- electricity for intermittent generators. clear reactors in the future, they will able future: oil, natural gas, coal, nu- The solution: Eliminate transmission be designed with new technologies that clear, hydropower, conservation, and subsidies; eliminate presumption on re- look very promising, not only to make renewables such as solar and wind. All liability; ensure that utilities recover our nuclear industry more powerful of these have substantial roles to play all transmission costs. and more effective, but also to create in our future energy mix, but none of The next section was 241, real-time the opportunity to produce hydrogen these by themselves is enough to ad- pricing: The concerns: Did not include which can help us in meeting our en- dress the huge demand that is facing time of use metering. The solution was: ergy needs. us. Add time of use metering. I will explain for the record why this Again, that is one of the compelling Section 245, net metering: The con- is so important. reasons, if not the principal reason, cern there was: Establishing a Federal As most Members know, nuclear en- that we are fighting to shape an energy net metering program that preempted ergy now provides one-fifth of all the bill that will meet this demand. Why? 35 existing State net metering pro- electric power used in this country. I Because it is important our economy grams. The solution was: Convert do not think that is clear to everyone continue to grow so we can be not only

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1844 CONGRESSIONAL RECORD — SENATE March 13, 2002 the great military power we are, but seems to have all the hallmarks of an producing the large scale amounts of the greatest economic power as well. ideal, non-polluting fuel for transpor- hydrogen required, this dream will Nuclear power is perhaps unique in tation that might ultimately supplant never be realized. Based on the accept- this list in that there is a large poten- imported oil. However, the President’s ance of this amendment, I think the tial for expansion in the relatively near announcement and much of the subse- Senate has decided that the next gen- term with little downside in terms of quent excitement seems to miss one eration of nuclear powerplants we are environmental damage or an increase very important question: Where are we going to have to build in this Nation in our reliance on foreign sources. Fur- going to get the hydrogen in the quan- anyway could provide that answer. thermore, as many Members are aware, tities necessary to fuel the cars or It has been a great pleasure working there is an exciting next generation of trucks or buses on our Nation’s high- on this amendment with my colleagues nuclear reactors being developed which ways in the future? and being part of this energy debate. take a good product and make it even Please remember that hydrogen is I yield back the remainder of my better. not an energy source. Hydrogen is an time. These reactors, which should be energy carrier. It must be produced by The PRESIDING OFFICER. The Sen- available by the end of this decade, are either splitting water or reforming fos- ator from Alaska. meltdown proof, substantially more ef- sil fuels. Right now, industrial scale Mr. MURKOWSKI. Mr. President, let ficient than the old generation, quantities of hydrogen are produced me congratulate my colleague, the jun- produce less high-level waste, and are from natural gas or other fossil fuels, ior Senator from Louisiana, on her more proliferation resistant than exist- but it does not make sense from an en- amendment. I think the realization of ing reactors. That, in this post-Sep- vironmental or energy security point what the advanced technology would tember 11 day and age, is a goal we of view to produce hydrogen from fossil mean, particularly on high-level nu- need to be mindful of. We need to be fuels. What progress would we be mak- clear waste in recovery of hydrogen for mindful that this material in the ing if we go down that road? a number of purposes, including fuel wrong hands could cause a lot of trou- So what is the alternative? Fortu- cells and others, is something that ble, a lot of destruction, and that is nately, nuclear power is offering to us would tend to focus in on high-level why this new design is exciting. an alternative, a very promising way waste, and would have a potential Indeed, one of these designs, the gas to produce large amounts of hydrogen value there that may lead us to recog- turbine modular helium reactor, is required to move towards a hydrogen nize it is not sufficient to just con- even designed to be built underground economy in the relatively near term. centrate on burying this waste. and therefore better suited to the The more promising way to produce The PRESIDING OFFICER. Under threats that now present themselves hydrogen is to utilize the next genera- the previous order, there is 10 minutes post-September 11. tion of nuclear reactors that operate at of debate on the amendment of the The Federal Government should much higher temperatures. The higher Senator from Colorado. Who yields work closely with the nuclear industry temperatures of these reactors make time? and with our utilities to see that these possible a process called thermo- Mr. MURKOWSKI. If I may have 1 new reactors live up to the claims chemical water splitting. The process minute to compliment the Senator being made about them and that they has received only minor research dol- from Louisiana. are brought to market as soon as pos- lars in this country but has received The PRESIDING OFFICER. Without sible. substantial research dollars in funding objection, it is so ordered. Let me turn now to another aspect from other parts of the world, includ- Mr. MURKOWSKI. I will take it off of with which our amendment attempts ing Japan. our time. to address. We have spent a great deal Thermochemical water splitting is I commend the Senator for her rec- of time this morning speaking about very promising as it is environ- ognition of the value of high-level nu- the transportation sector, CAFE stand- mentally benign and has a very high clear waste and the utilization of it. ards, and what can we do to make our rate of efficiency. Indeed, it is up to 50 I also commend the Senator from transportation sector more efficient. percent more efficient in converting Louisiana on her bioenergy amend- All of those are very important issues. the heat of a reactor into hydrogen en- ment, which we have accepted. This But one of the most interesting solu- ergy. amendment expands the authorization tions that might be found as we de- The amendment we have offered and for bioenergy research to include bio- velop a new generation of nuclear pow- that has been accepted recognizes the chemical processes that can create cer- erplants is the byproduct of these new importance of developing a next gen- tain replacements. There is promising plants—hydrogen. eration of reactors that is safer, more research in these areas. It is wise to The administration recently an- economical, more proliferation resist- continue to work on this. We support nounced some interesting facts regard- ant, and creates less waste. It also rec- the amendment. ing the development of a new genera- ognizes the importance of developing The PRESIDING OFFICER. The Sen- tion of hydrogen-powered car. They hydrogen production capabilities with ator from New Mexico. call it the freedom car. But we should the next generation of nuclear reac- Mr. DOMENICI. Mr. President, I con- be mindful that we could call it the tors. gratulate the Senator from Louisiana freedom truck, the freedom bus. This is The promise of a hydrogen-based for these two amendments. I am a co- not only about cars. transportation sector is indeed very ex- sponsor of both. On a bigger scale than Every Member probably realizes the citing. As the chairman has pointed that, we are both from oil and gas importance of ultimately changing the out on numerous occasions, it is the States. Yet the Senator has taken a po- coinage of the energy and transpor- transportation sector demand that is sition that it is not just oil and gas tation sector from oil to something driving our dangerous and unwise, in that make up the future for the United else. Although we are an oil- and gas- my opinion, reliance on foreign oil im- States. We have to look at a variety of producing State, and I am proud of the ports. We must begin to free ourselves alternatives. oil and gas that we produce, we know from that relationship, and this The Senator has done a superb job even in Louisiana that the future calls amendment, with the underlying tech- working on nuclear issues. The two for a greater mix, and the new nuclear nology, gives us a real opportunity, not proposed amendments on nuclear are reactors could really be what we need in 50 years, not in 20 years, but within clearly relevant. We are moving ahead in terms of freeing ourselves from im- the next few years, in this decade, to in those areas in the appropriations ported oil. begin exploring new technologies that process. The Senator will have the as- Our recent engagement in the Middle keep our environment clean, that give surance that both are covered by ap- East and the festering instabilities us the freedom we deserve and we ex- propriations if, indeed, Senator BINGA- there, make it very clear the sooner we pect, and also is well within our eco- MAN and the others bring it back from wean ourselves from imported oil the nomic means of achieving. conference with the amendments. better. Hydrogen, either through direct It is very exciting, but unless we Ms. LANDRIEU. Will the Senator combustion or through fuel cells, plant the seeds of a realistic means of yield?

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1845 Mr. DOMENICI. I yield. place to use our money. This is not the The authors argue that they ‘‘fixed’’ Ms. LANDRIEU. I appreciate those time to spend $19 billion. their provision by requiring the states remarks. The Senator from New Mex- The authors of the section 822 say it to hold a public notification of the in- ico has been an extraordinary leader in is voluntary, but who will turn down a tent to scrap vehicles and then provide this field of nuclear energy. potential $1,000 to turn in an old car for parts salvage. How will a state pos- I compliment the industry. The Sen- and another $1,000 of taxpayer money sibly manage that, and what will it ator from New Mexico understands to buy a new one when someone else is cost the federal government? Again, we that the oil and gas industry has been, paying? don’t know. in the last couple of years, broadening I ask my colleagues to vote down sec- A few short hours ago, my friend Sen- its horizons and outlook in welcoming tion 822 at 4:30. ator BINGAMAN stated, ‘‘I don’t see why these new sources of energy. They are As Senators, we have an obligation it is in the public interest to strike a turning themselves from oil companies to make decisions based on informa- provision that enables the Secretary of to energy companies, from gas compa- tion. Here, the authors of section 822 Transportation to pursue this to the nies to energy companies, opening up are asking you to make a decision extent that the Appropriations Com- possibilities for new sources of energy. based on no information because no mittee puts funds in to support the I commend the industry and hope studies or hearings were ever held that program.’’ Normally, we know how this bill that Senator DOMENICI has would legitimize the Federal subsidiza- much money something costs before we worked on so hard will compliment the tion of car scrappage programs. buy it. work in the private sector to help this Again, the authors of 822 argue that I ask you not to buy this ill con- country get to the freedom we need compelling states to establish ceived Federal subsidization scrappage from imported sources so we can set scrappage and repair programs to get program of old cars and welfare for the our own destiny. older cars off the road is a voluntary wealthy. Section 822 will hurt the most I am proud to be a sponsor of this program. Further, they argue that vulnerable of our citizens, hurt small amendment and others like it. some states already have scrappage businesses, and hurt U.S. taxpayers. The PRESIDING OFFICER. The Sen- programs. I yield the floor. Well, if States want scrappage pro- ator from New Mexico. The PRESIDING OFFICER. The Sen- Mr. BINGAMAN. I compliment the grams then they should be able to es- ator from New Mexico. Senator from Louisiana also for her tablish their own—why should the Fed- Mr. BINGAMAN. Mr. President, first, amendment earlier agreed to. We eral Government have any role in that as I indicated, I am disappointed the which States can do already do? worked hard with her and her staff to Senator from Colorado felt obligated to Furthermore, the authors of section be sure this amendment could be in- offer this amendment. Having heard his 822’s reliance on some states choosing concerns and the concerns of others, I cluded in the bill. I am glad it is in the to establish scrappage program is mis- urge all Senators to support his amend- bill. leading. Current state programs seek What is the regular order? ment. My view is this is not an amend- to address poor emissions quality, a se- ment that justifies having a vote on AMENDMENT NO. 3007 rious health concern. The PRESIDING OFFICER. There is Section 822 assumes that older cars the Senate floor, but he is insisting on a vote at 4:30 with respect to the Camp- have poor fuel efficiency and creates an one, so evidently we will go through it bell amendment. expensive carrot and stick approach to and have a rollcall vote and bring all Mr. BINGAMAN. How much time re- compel states and individuals to par- Senators to the floor to vote for the mains on both sides? ticipate in a completely new and un- amendment. The PRESIDING OFFICER. Four tested program. Mr. CAMPBELL. Will the Senator minutes thirty seconds on the Sen- In any event section 822 does not pro- yield? ator’s time and 2 minutes for the Sen- vide any means testing ensuring that Mr. BINGAMAN. I yield the floor. ator from Colorado. only fuel inefficient vehicles are Mr. CAMPBELL. If our colleagues on Mr. BINGAMAN. I yield the floor. scrapped. Therefore, a 1986 Ford Escort the other side of the aisle do not need Mr. CAMPBELL. Mr. President, I ask getting 41 city miles per gallon would a recorded vote, we do not, either. If he unanimous consent to have Senator be treated the same as a Cadillac Se- is willing to accept this amendment, I SMITH of New Hampshire added as a co- ville of the same year that gets a mere am sure the minority would, too, and I sponsor of this amendment, and I yield 17 miles per gallon. The only qualifying ask unanimous consent to vitiate the myself the remainder of the time. criteria would be that they are both recorded vote. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without 1986 automobiles. objection, it is so ordered. The authors of section 822 state that objection, it is so ordered. Mr. BINGAMAN. Mr. President, be- Mr. CAMPBELL. Colleagues, section no one is penalized, that only individ- fore we do the voice vote, which I gath- 822 is a bad idea. Under section 822, we uals choosing to participate would be er is what the Senator from Colorado are going to allow the DOE to give affected. Yet, the truth is that every- would like on his amendment, let me grants to take 15-year-old, and possibly one is captured by this program. more, fuel-efficient cars, which would The reduced supply of car parts read some provisions or sections of a rarely be driven, off the highways and translates to increased costs for low letter we received from the Auto- then turn around and offer another and fixed income people who cannot af- motive Service Association. This is a letter to Senator DASCHLE, grant of taxpayer-funded money to peo- ford to buy a federal government sub- dated February 25, an organization ple who want to purchase a new car sidized, DOE approved vehicle. which may be less fuel efficient than Further, there are 38 million cars with 15,000 members nationwide. It has the ones to be taken off the highway that could be affected. If just one quar- 300 members in Colorado, my col- and will probably be driven more be- ter of those owners chose to get $1,000 league’s home State. It says: cause they are newer. for scrapping their car, and then an- DEAR SENATOR DASCHLE: I want to thank How do we sell that under the guise other tax payer subsidized $1,000 credit you for your efforts on behalf of the auto- of fuel efficiency? States have the abil- motive aftermarket in the development of to buy a new DOE approved vehicle, Senate Bill 517, the energy policies act of ity to have scrappage programs—many the total cost to all U.S. taxpayers, 2002. do. Some offer between $1,000 and $2,000 whether they ‘‘volunteer’’ to partici- The Automotive Service Association is the per car to be scrapped. In the suggested pate or not, would be $19 billion. largest and the oldest trade association rep- grant to take older cars out of circula- Well, that seems to be a lot of resenting independent automotive repair fa- tion, if one-fourth of the 38 million cars money—that’s because it is. I would cilities in the United States.... 15 years or older were funded, it would have my friends note that at no time Your revised Section 832, Assistance for cost taxpayers $19 billion. Maybe I am did the authors of section 822 state that State Programs to Retire Fuel-Inefficient Motor Vehicles, includes both a repair and missing something, but I did hear we this provision would not be terribly ex- recycling facilities. This assists mechanical have lost our huge surplus of last year pensive. They didn’t defend their meas- and coalition repair facilities. Quite frankly, and may, in fact, be in deficit this ure as fiscally responsible because they many of these older vehicles would not re- year. It seems to me we have a better don’t know if it is or not. ceive fuel-efficiency related repairs without

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1846 CONGRESSIONAL RECORD — SENATE March 13, 2002 some incentive. This legislation will provide Mr. BINGAMAN. I yield all time. mercial nuclear industry, and other organi- the opportunity for these vehicles to receive The PRESIDING OFFICER. The zations in the investigation of technologies the necessary maintenance. question is on agreeing to the amend- for the treatment, recycling, and disposal of Allowing the salvage of valuable parts en- ment. spent nuclear fuel and high-level radioactive hances competition in the parts market- waste. places as well as makes sense for the envi- The amendment (No. 3007) was agreed (3) ACTIVITIES.—The Associate Director ronment. to. shall— We appreciate the efforts that you and Mr. DOMENICI. Mr. President, I (A) develop a research plan to provide rec- Chairman Jeff Bingaman have made to al- move to reconsider the vote. ommendations by 2015; leviate many of the concerns our industry Mr. CAMPBELL. I move to lay that (B) identify promising technologies for the has had with this legislation. We support the motion on the table. treatment, recycling, and disposal of spent bill and look forward to a continued working The motion to lay on the table was nuclear fuel and high-level radioactive relationship with you and your staff. waste; ASA is contacting automotive repairers in agreed to. (C) conduct research and development ac- South Dakota and New Mexico to inform AMENDMENT NO. 3009 tivities for promising technologies; them of your efforts. Mr. DOMENICI. Mr. President, I have (D) ensure that all activities include as Signed by Robert Redding, Jr., on be- an amendment with reference to an Of- key objectives minimization of proliferation half of the Automotive Service Asso- fice of Spent Nuclear Fuel Research. I concerns and risk to the health of the gen- ciation. send it to the desk and ask for its im- eral public or site workers, as well as devel- opment of cost-effective technologies; Mr. President, I ask unanimous con- mediate consideration. sent this entire letter be printed in the (E) require research on both reactor- and The PRESIDING OFFICER. Without accelerator-based transmutation systems; RECORD at the conclusion of my re- objection, the pending amendments are (F) require research on advanced proc- marks. set aside. The clerk will report. essing and separations; The PRESIDING OFFICER. Without The bill clerk read as follows: (G) include participation of international objection, it is so ordered. collaborators in research efforts, and provide The Senator from New Mexico (Mr. DOMEN- (See exhibit 1.) funding to a collaborator that brings unique ICI) proposes an amendment numbered 3009. Mr. BINGAMAN. Mr. President, I be- capabilities not available in the United lieve this is good public policy to Mr. DOMENICI. I ask unanimous States if the country in which the collabo- enact, along the lines we have talked consent the reading of the amendment rator is located is unable to provide for their about here. But since my colleague and be dispensed with. support; and The PRESIDING OFFICER. Without (H) ensure that research efforts are coordi- others have indicated concern about in- nated with research on advanced fuel cycles cluding it in the energy bill, I have no objection, it is so ordered. The amendment is as follows: and reactors conducted by the Office of Nu- problem with it being deleted. clear Energy Science and Technology. I urge all Senators to support the (Purpose: To establish an Office within the (f) GRANT AND CONTRACT AUTHORITY.—The amendment of the Senator from Colo- Department of Energy to explore alter- Secretary may make grants, or enter into rado. native management strategies for spent contracts, for the purposes of the research I yield the floor. nuclear fuel) projects and activities described in this sec- On page 123, after line 17, insert the fol- EXHIBIT 1 tion. lowing: (g) REPORT.—The Associate Director shall AUTOMOTIVE SERVICE ASSOCIATION, SEC. 514. OFFICE OF SPENT NUCLEAR FUEL RE- annually submit to Congress a report on the Bedford, TX, February 25, 2002. SEARCH. activities and expenditures of the Office that Hon. TOM DASCHLE, (a) FINDINGS.—Congress finds that— describes the progress being made in achiev- Majority Leader, U.S. Senate, (1) before the Federal Government takes ing the objectives of this section. Washington, DC. any irreversible action relating to the dis- DEAR SENATOR DASCHLE: I want to thank Mr. DOMENICI. Mr. President, I in- posal of spent nuclear fuel, Congress must you for your efforts on behalf of the auto- troduce an amendment creating a new determine whether the spent fuel in the re- motive aftermarket in the development of pository should be treated as waste subject DOE Office of Spent Nuclear Fuel Re- Senate Bill 517, the Energy Policy Act of to permanent burial or should be considered search. This new Office would organize 2002. a research program to explore new, im- The Automotive Service Association is the an energy resource that is needed to meet fu- largest and oldest trade association rep- ture energy requirements; and proved national strategies for spent nu- (2) national policy on spent nuclear fuel resenting independent automotive repair fa- clear fuel. may evolve with time as improved tech- cilities in the United States. These collision, Spent fuel has immense energy po- nologies for spent fuel are developed or as mechanical and transmission small business tential—that we are simply tossing national energy needs evolve. members are located in all fifty states and away with our focus only on a perma- (b) DEFINITIONS.—In this section: several foreign countries. nent repository. We could be recycling Your revised Section 832, Assistance for (1) ASSOCIATE DIRECTOR.—The term ‘‘Asso- ciate Director’’ means the Associate Direc- that spent fuel back into civilian fuel State Programs to Retire Fuel-Inefficient and extracting additional energy. We Motor Vehicles, includes both a repair and tor of the Office. recycling option. This assists mechanical (2) OFFICE.—The term ‘‘Office’’ means the could follow the examples of France, and collision repair facilities. Quite frankly, Office of Spent Nuclear Fuel Research within the U.K., and Japan in reprocessing the many of these older vehicles would not re- the Office of Nuclear Energy Science and fuel to not only extract more energy, ceive fuel-efficiency related repairs without Technology of the Department of Energy. but also to reduce the volume and tox- (c) ESTABLISHMENT.—There is established some incentive. This legislation will provide an Office of Spent Nuclear Fuel Research icity of the final waste forms. the opportunity for these vehicles to receive within the Office of Nuclear Energy Science It is too bad we did not start with the necessary maintenance. this emphasis and organization within Allowing the salvage of valuable parts en- and Technology of the Department of En- hances competition in the parts marketplace ergy. the last 15 or 20 years. But we were on as well as makes sense for the environment. (d) HEAD OF OFFICE.—The Office shall be a path that said under no conditions We appreciate the efforts you and Chair- headed by the Associate Director, who shall would we do this. We thought it would man Jeff Bingaman have made to alleviate be a member of the Senior Executive Service add to the nonproliferation potential. many of the concerns our industry has had appointed by the Director of the Office of We thought we would set an example with this legislation. We support the bill and Nuclear Energy Science and Technology, and and nobody would do it, so we would compensated at a rate determined by appli- look forward to a continued working rela- not produce any additional plutonium. tionship with you and your staff. cable law. ASA is contacting automotive repairers in (e) DUTIES OF THE ASSOCIATE DIRECTOR.— What happened is we stayed in our South Dakota and New Mexico to inform (1) IN GENERAL.—The Associate Director rut, thinking it was going to be world- them of your efforts. shall be responsible for carrying out an inte- wide, while other countries decided Sincerely, grated research, development, and dem- ours was a rather imprudent policy and ROBERT L. REDDING, Jr. onstration program on technologies for they have proceeded. I just enumerated Mr. CAMPBELL. Mr. President, I treatment, recycling, and disposal of high- the countries that have done that. level nuclear radioactive waste and spent nu- I support continued progress at yield the remainder of my time and clear fuel, subject to the general supervision urge the adoption of the amendment. of the Secretary. Yucca Mountain and appreciate the The PRESIDING OFFICER. Does the (2) PARTICIPATION.—The Associate Director President’s decision to move ahead to- Senator from New Mexico yield back shall coordinate the participation of na- ward licensing of it as our Nation’s his time? tional laboratories, universities, the com- first permanent repository for high

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1847 level waste. But, I have frequently sug- It requires that we focus on research cluding development of business ar- gested that our single-minded focus on programs that minimize proliferation rangements for building and operating this ‘‘solution’’ for spent fuel does not and health risks from the spent fuel. new plants in the United States. I ap- serve our Nation well. It is simply not And it requires that we study the eco- preciate that it would pursue develop- obvious that permanent disposal of nomic implications of each technology. ment of the two most promising classes spent fuel is in the best interests of all With this new Office and its research of advanced reactors, either water- or our citizens. It’s even less obvious to program, the United States will be pre- gas-cooled systems. me that we should equate the terms pared, some years in the future, to Mr. CRAIG’s inclusion of inter- ‘‘spent fuel’’ and ‘‘waste.’’ make the most intelligent decision re- national collaboration is also critical, Since Yucca Mountain can’t accom- garding the future of nuclear energy as just as I want to encourage such par- modate all the spent fuel from our cur- one of our major power sources. Maybe ticipation in development of improved rent generation of nuclear plants, we at that time, we’ll have other better strategies for spent fuel. Many coun- clearly either need a better solution or energy alternatives and decide that we tries have strong nuclear energy pro- more repositories. Given the level of can move away from nuclear power. Or grams, we can achieve mutual goals local public support enjoyed by Yucca we may find that we need nuclear en- faster and cheaper if we work together, Mountain, I don’t think any of us ergy to continue and even expand its just as is now happening with the ten- should relish the prospect of creating current contribution to our nation’s nation effort toward the Generation IV more Yucca Mountains. power grid. In any case, this research reactor. Depending on our future demands will provide the framework to guide I share the vision of Mr. CRAIG that and options for electricity, we may Congress in these future decisions. the Nuclear Power 2010 program will need to recover the tremendous energy Mr. President, while I have the floor, result in a new reactor in this country that remains in spent fuel. And strong I also want to speak briefly to three in the next decade. That will be an im- public opposition to disposal of spent other amendments on nuclear energy portant step in demonstrating to our fuel, with its long-term radio toxicity, issues, presented by my colleagues, Ms. citizens and to the world that the may preclude use of repositories that LANDRIEU and Mr. CRAIG. I greatly ap- United States is not going to be left by simply accept and permanently store preciate their interest in this impor- the wayside while other countries pur- spent fuel. tant technology. I strongly support sue this vital energy source. If the research program led by this these additional amendments and am a Tomorrow or next week, whichever is new office is successful, we can recover cosponsor of each one. most accommodating, I will take the the residual energy in spent fuel. And Ms. LANDRIEU has two amendments. floor and tell the American people we could produce a final waste form One notes the important role that hy- what is in this bill regarding the future that is no more toxic, after a few hun- drogen may play in future transpor- for nuclear energy. Many things have dred years, than the original uranium tation strategies for the nation, either already been adopted and put in the ore. I was very pleased that the Presi- directly as a fuel or in fuel cells. Either bill by the sponsors, but we now have, dent specifically endorsed these studies of these approaches could lead to a with this amendment before the Senate of reprocessing and transmutation in transportation sector that is virtually or put in the bill, all of the amend- the national energy policy. emission free. This is a great vision, ments that Senators who have been fol- I am well aware that reprocessing is but it depends on, among several chal- lowing and working in this area not viewed as economically practical lenges, identification of a cheap reli- thought were important to its future. now, because of today’s very low ura- able supply of hydrogen. They will now be encapsulated in this nium prices. Furthermore, I fully rec- Hydrogen can either be made from with the adoption of this, which is our ognize that it must only be done with water using electricity, or from several last one. careful attention to proliferation chemical processes involving heat. NUCLEAR WASTE issues. But I submit that the U.S. Senator LANDRIEU’s amendment asks Mr. REID. I want to confirm that ac- should be prepared for a future evalua- that the Nuclear Energy Research Ini- ceptance of this amendment does not tion that may determine that we are tiative specifically explore the use of create any opportunity to discuss nu- too hasty today to treat spent fuel as nuclear reactors for hydrogen produc- clear waste issues in conference. waste, and that instead we should have tion. Mr. DOMENICI. I agree with the Sen- been viewing it as an energy resource Reactors are well suited to such a ator’s view. I will be a conferee on this for future generations. challenge. They could supply elec- bill. I assure the Senator that I will re- We do not have the knowledge today tricity in off-peak hours. Or, some sist any attempt to open the con- to make this decision. This amendment types of advanced reactors would pro- ference to discussion of waste issues. I establishes a research program to vide an ample heat resource. In fact, in would also like to note that, as stated evaluate options to provide real data Japan, their research on one form of in the amendment, the national labora- for such a future decision. advanced reactor is focused on hydro- tories will play strong roles in this This research program would have gen production. work. In fact, from our positions on the other benefits. We may want to reduce Her second amendment encourages Energy and Water Development Sub- the toxicity of materials in any reposi- the Nuclear Regulatory Commission to committee on Appropriations, let’s tory to address public concerns. Or we explore licensing issues, which may work together to ensure their partici- may find we need another repository in arise with advanced reactor designs. pation. the future, and want to incorporate ad- Her legislation would allow the NRC to I thank Senator BINGAMAN in ad- vanced technologies into the final pursue this research without tapping vance of agreeing to this for his help on waste products at that time. We could, income collected from licensees, it, for what he has done in the bill with for example, decide that we want to through use of appropriated funds. This reference to not only the Price-Ander- maximize the storage potential of a fu- is a good idea, and one that is already son, which he took the lead on even ture repository, and that would require encouraged in the appropriations proc- though it was not his amendment, but some treatment of the spent fuel before ess. all the other provisions he has put in final disposition. Mr. CRAIG’s nuclear energy amend- that will create a level playing field This amendment requires that a ment authorizes the Nuclear Power and modernize Americans’ ability to range of advanced approaches for spent 2010 program, as proposed by the Ad- utilize nuclear power if they choose, fuel be studied with the new Office of ministration to begin in fiscal year since it will not pollute the environ- Spent Nuclear Fuel Research. It en- 2003. This builds on and expands the ment and can be part of a national pro- courages the Department to seek inter- work pursued in the Nuclear Energy gram to do that. national cooperation. I know, based on Technology Program that has been The PRESIDING OFFICER. The Sen- personal contacts, that France, Russia, funded for the last two years. ator from New Mexico. and Japan are eager to join with us in Under this new program the DOE Mr. BINGAMAN. Mr. President, let an international study of spent fuel op- would seek industrial proposals for me say with the colloquy my colleague tions. joint venture teams to participate, in- from New Mexico has entered into the

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1848 CONGRESSIONAL RECORD — SENATE March 13, 2002 RECORD between himself and Senator nominees, Mr. Emil Frankel, to be As- NATIONAL LABORATORIES PART- REID, I think all concerns that have sistant Secretary of Transportation, NERSHIP IMPROVEMENT ACT OF been raised on our side are resolved. and Jeffrey Shane, to be Associate Dep- 2001—Continued There is no objection to the adoption of uty Secretary of Transportation. AMENDMENTS NOS. 3010 AND 3011, EN BLOC, TO the amendment. I, again, urge the holds that are AMENDMENT NO. 2917 The PRESIDING OFFICER. Without being placed on these nominations to Mr. BINGAMAN. Mr. President, I objection, the amendment is agreed to. move forward. It is been 3 months since send two amendments to the desk and The amendment (No. 3009) was agreed they were reported unanimously out of ask that they be considered en bloc and to. the Commerce Committee. adopted en bloc. I believe they have Mr. DOMENICI. Mr. President, I been cleared on both sides. I know both individuals and they are move to reconsider the vote. The PRESIDING OFFICER. Without Mr. MURKOWSKI. I move to lay that highly qualified. Both of them are objection, the pending amendments are motion on the table. nominated for very important jobs in set aside. The motion to lay on the table was the Department of Transportation. All The clerk will report the amend- agreed to. of us know, in light of the events of ments. Mr. MURKOWSKI. Mr. President, I September 11, that these jobs are vital The assistant legislative clerk read rise in support of the amendment by to America’s security. as follows: the senior Senator from New Mexico. I I said earlier in my remarks that I The Senator from New Mexico [Mr. BINGA- appreciate the junior Senator’s accept- had not put a hold on a nominee. What MAN] proposes amendments numbered 3010 ance of it. I meant to say—and I would like to and 3011 en bloc to amendment No. 2917. The amendment, as noted, estab- correct the record at this time—is that Mr. BINGAMAN. Mr. President, I ask lishes an Office of Spent Fuel within I have put holds on nominees, but I unanimous consent reading of the the Department of Energy. It is impor- have never done so anonymously. I amendments be dispensed with. tant that Congress address the range of have stood up and said that I had holds The PRESIDING OFFICER. Without alternatives to deal with spent fuel on nominees. On the holds I have put objection, it is so ordered. from nuclear reactors. This amend- on over the years, I have been here and The amendments, en bloc, are as fol- ment goes a long way to accomplish stated my reasons why. I have not done lows: that. so anonymously. AMENDMENT NO. 3010 I have served here 21 years with Sen- I hope the unnamed Member or Mem- (Purpose: To include biobased polymers and ator DOMENICI. He has been a tireless chemicals in the biofuels program) advocate of pursuing the advancement bers who have a hold on Mr. Shane and Mr. Frankel will come forward. So, I On page 405, strike line 16 and all that fol- of nuclear energy. Last year he intro- lows through line 23, and insert the fol- duced S. 472, which is a comprehensive hope, again, that the Senate will con- lowing: energy bill and nuclear bill, and the sider these two highly qualified nomi- (6) BIOFUELS.—The goal of the biofuels pro- committee held several hearings. He nees. If there are areas that are not re- gram shall be to develop, in partnership with understands we must have a diverse lated to these nominees, as far as industry— and responsible energy mix if we ever transportation is concerned, I will be (A) advanced biochemical and hope to reduce our dependence signifi- pleased to work with any Member to thermochemical conversion technologies ca- try to get those concerns satisfied. pable of making liquid and gaseous fuels cantly on Saddam Hussein and his oil. from cellulosic feedstocks that are price- Currently, nuclear energy provides 20 Again, I would like to correct the competitive with gasoline or diesel in either percent of the electricity in this coun- record when I stated earlier that I had internal combustion engines or fuel cell ve- try. It is taken for granted by many. It never put a hold on a nominee. I have hicles by 2010; and is a clean, nonemitting generation and never anonymously put a hold on a (B) advanced biotechnology processes capa- produces no greenhouse gases, no SOx, ble of making biofuels, biobased polymers, nominee. And I have forced votes on and chemicals, with particular emphasis on no NOx. There are 103 operating reac- other nominees as well. tors in 31 States. the development of biorefineries that use en- zyme based processing systems. Senator DOMENICI’s Office of Spent I hope the holds on Mr. Frankel and Fuel is an important part of the future Mr. Shane will be removed soon. We For purposes of this paragraph, the term ‘‘cellulosic feedstock’’ means any portion of of nuclear energy in this country, and are in danger of losing those individ- uals because, understandably, after a a food crop not normally used in food pro- we must deal with the issue of spent duction or any non-food crop grown for the fuel. This will require research on all period of 3 months, they have to get on purpose of producing biomass feedstock. fronts. with their lives. And that certainly is The language of the amendment was understandable. AMENDMENT NO. 3011 part of S. 1287, the Nuclear Waste Act So I hope we will move forward with (Purpose: To direct the Secretary of Energy amendments that passed the Senate in their nominations soon and the holds to study designs for high temperature hy- the last Congress. The office would ex- will be lifted. Again, I stand ready to drogen-producing nuclear reactors) amine the treatment, recycling, and work with any Member who has a hold On page 443, strike lines 21 through page disposal of high-level reactive wastes on their nominations if there is any 444, line 2 and insert the following: (2) examine— and spent fuel, and consequently I way we can resolve any problems that strongly urge its support. I thank the (A) advanced proliferation-resistant and they might have. passively safe reactor designs; Members for the adoption of this I also state that I never put a hold on (B) new reactor designs with higher effi- amendment. ciency, lower cost, and improved safety; I suggest the absence of a quorum. a nominee because there was some un- (C) in coordination with activities carried The PRESIDING OFFICER. The related issue. I put holds on nominees out under the amendments made by section clerk will call the roll. in the past because I did not think they 1223, designs for a high temperature reactor The bill clerk proceeded to call the were qualified, and I stated so. capable of producing large-scale quantities roll. So I hope that clarifies the record on of hydrogen using thermo-chemical proc- esses; Mr. MCCAIN. Mr. President, I ask that. But that does not detract from (D) proliferation-resistant and high-burn- unanimous consent the order for the the fact—whether I ever did or did up nuclear fuels; quorum call be rescinded. not—that these are two qualified nomi- (E) minimization of generation of radio-ac- The PRESIDING OFFICER. Without nees. It has now been over 3 months tive materials; objection, it is so ordered. since they were reported out of the (F) improved nuclear waste management f Commerce Committee and they deserve technologies; and to have the opportunity to serve. (G) improved instrumentation science; DEPARTMENT OF The PRESIDING OFFICER. The Sen- TRANSPORTATION NOMINATIONS I yield the floor. ator from Alaska. Mr. MCCAIN. Mr. President, I come The PRESIDING OFFICER. The Sen- Mr. MURKOWSKI. Mr. President, the to the floor to talk again about two ator from New Mexico. amendments have been cleared on this

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1849 side, and we are in total agreement cause, if Senator KYL’s amendment is Also, the issue of the pickup truck, I with the majority and recommend ac- adopted, then it wipes out everything think, spoke for a majority concerning ceptance. in front of it anyway. So I hope Sen- safety issues. The PRESIDING OFFICER. Without ator KYL can give us some time tonight I wouldn’t be surprised before we are objection, the amendments are agreed so we can complete action on this mat- out of here if we also have an amend- to. ter tomorrow. ment that addresses the Suburbans and The amendments (Nos. 3010 and 3011), Mr. MURKOWSKI. If I may respond SUVs relative to safety. en bloc, were agreed to. to the majority whip, I am in complete The point I would like to leave with Mr. MURKOWSKI. I move to recon- agreement. We do not have a time Members today is that we are rapidly sider the vote. agreement yet among ourselves. I as- diminishing excuses for not opening up Mr. BINGAMAN. I move to lay that sume the leadership will set the time ANWR and recognizing that, indeed, motion on the table. for us to come in. But I encourage Sen- the argument that previously prevailed The motion to lay on the table was ators on our side to be prepared on reli- that we can simply make this up on agreed to. ability, which, as the majority whip in- CAFE standards is clearly not in the The PRESIDING OFFICER. The Sen- dicated, will be offered by Senator interest of a majority of the Senate, ator from Alaska. THOMAS in the morning. primarily for the reason of safety asso- Mr. MURKOWSKI. Mr. President, as I also encourage all Members on our ciated with Americans, and children in we come close to the hour of 5 o’clock, side, if they have other amendments particular, and the advantages of a I am not sure just what the remainder they intend to offer, I would like to get heavier car moving our children of the schedule is. I think we antici- the amendments in so we can antici- around. pate tomorrow morning starting on re- pate what we will have before us. I As we look at alternatives, I remind newables. would be willing at some point in time my colleagues who are in objection to The PRESIDING OFFICER. The Sen- to agree to a list of amendments that opening ANWR that they do bear re- ator from New Mexico. have been brought in by a certain time, sponsibility for coming up with alter- Mr. BINGAMAN. Mr. President, my let’s say, prior to the end of this week, natives that are realistic. Certainly understanding is that we will spend something of that nature. But we can from our side, ANWR is realistic. And several hours tomorrow, at least, deal- pursue that. the probability of a major discovery is ing with a couple of issues related to But I do agree with the majority second to none from the standpoint of electricity restructuring. One is a reli- whip that we should move along. The the geology of North America. ability amendment that we expect to renewable portfolio, as the Senator in- I think I have said enough for today. have offered. I believe Senator THOMAS dicated, probably will take some time. Anything I would say further would be is planning to offer that amendment. So I would be happy to work towards repetition of what I have said time and We will have debate and a vote. some time agreements as we proceed time again. In an effort to relieve my Then I intend to offer an amendment tomorrow. colleague from New Mexico and the on a renewable portfolio standard, Mr. REID. If I could propound a staff and the Presiding Officer, I yield which will then be followed by a pro- unanimous consent request, I ask the floor. posal by Senator JEFFORDS. And then unanimous consent that tomorrow, The PRESIDING OFFICER. The Sen- probably also there will be a proposal when we resume consideration of the ator from New Mexico. by Senator KYL. We will deal with, energy bill, at approximately 9:30 a.m., Mr. BINGAMAN. Mr. President, just hopefully, those three proposals, in- immediately following the prayer and to indicate to my colleague from Alas- cluding the issue of a renewable port- the Pledge of Allegiance, Senator ka, my interpretation of what occurred folio standard. After that, I don’t know THOMAS be recognized to offer his reli- today is perhaps somewhat different what the business will be. ability amendment. than his. My own view is we made some Mr. REID. If my friend will yield? The PRESIDING OFFICER. Is there substantial progress in getting agree- Mr. MURKOWSKI. Yes. objection? ment on provisions related to elec- Mr. REID. If I could just make this Mr. MURKOWSKI. Reserving the tricity restructuring; that is, the pack- comment, I think the two managers right to object, in fairness to Senator age of amendments Senator THOMAS have a great plan: in the morning come THOMAS, we have not had a chance to proposed and that we agreed to was a in and work on the Thomas legislation. contact him as to whether it would be very good effort on the part of our It is my understanding that he does not 9:30 or 10 o’clock, but I am not going to staff, the Republican staff, Senator want a time set. I think that is appro- object. THOMAS’s staff, various people who priate because there may be other Mr. REID. We will protect him until have been working very hard on that issues that come up. he gets here. set of issues. But I would hope that we could—if The PRESIDING OFFICER. Without My own view is, the bill was substan- we come in, say, at 9:30—complete ac- objection, it is so ordered. tially weakened by the two votes we tion on that by 12:15 or thereabouts, be- Mr. REID. We will attempt to work had related to CAFE standards in par- cause every Thursday we have the pol- with the managers to see if we can ticular. Clearly, the Senate was not icy luncheons, so we do not have votes work out something for this evening on willing to step up and ensure any kind from 12:30 to 2. time for renewability. If we can, it is of significant increased efficiency in We could do that and then move to the plan of the two managers that after the transportation sector in the com- the Bingaman amendment. Senator completing the Thomas amendment we ing years. That, to me, is a disappoint- JEFFORDS said he would agree to an will move to Bingaman, Jeffords, and ment, a weakening of the bill. hour and 15 minutes. So that would be then Kyl. I don’t see the logic that my col- 21⁄2 hours, if all that time were used. The PRESIDING OFFICER. The Sen- league from Alaska seems to read into I would hope, I say to the manager, ator from Alaska. everything: The lack of wisdom of the my friend from Alaska, that we could Mr. MURKOWSKI. Mr. President, it Senate in the area of CAFE standards get Senator KYL to agree on a time for would be inappropriate if I let a day go should justify additional lack of wis- his amendment tonight, so when we do by when I did not remind my col- dom in the area of opening ANWR to the wrap-up we could have it set that leagues that there was some signifi- drilling. But that is a debate for an- whenever we finish the reliability cance as to what we did during the day. other time. amendment—that is the Thomas Today, there has been a good deal of I do hope my colleague from Alaska amendment—we could immediately go conversation that, indeed, we could will offer his ANWR amendment at the into the mechanics set up for the make up by CAFE savings what we earliest possible date. Clearly, we can- Bingaman amendment, the Jeffords would generate by opening ANWR. The not move to complete action on this amendment, and the Kyl amendment, Senate, in its action—you notice I did bill until that much awaited event oc- and have an end for that. not reflect on wisdom—basically pre- curs. We have been hearing about his It seems it should not be difficult for cluded that, at least for the time being proposal on ANWR for many months. people to agree for times on that be- until we go to conference. We have had the opportunity now to

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1850 CONGRESSIONAL RECORD — SENATE March 13, 2002 have it offered for the last week and a political process. There is no future as relations with Israel. They cannot back half. We hope very much soon that will I look at the status quo extended into down from that. That is the very es- happen. the future—not for the people of Israel sence of where we have to go. I am con- With that, I yield the floor. and not for the Palestinians. cerned that some of the Arab countries The PRESIDING OFFICER. The Sen- Let me start out on a personal note. seem to be backing down from that. ator from Alaska. I have used this example several times But I do not believe this proposal Mr. MURKOWSKI. Mr. President, I while talking to other Minnesotans and should be ruled out. I do not believe a would certainly concur with my col- people I met with here in DC as well. proposal that at least attempts to league that we have made significant I was at a gathering where I was in a move us towards some kind of negotia- progress, particularly on that portion fairly sharp debate with some citizens tion and some kind of a peace process covering electricity. I remind my col- who were talking to me about what should be ruled out. Not all of it will be league that the transit of people, they consider to be the unfairness and acceptable. I can tell you that right goods, and services utilizes not elec- the wrongness of Israeli policies to- now. But I certainly would like to see tricity but oil. We are somewhat ex- wards the Palestinian people. In this the American Government in par- traordinary in this country inasmuch discussion, I turned to them and said: ticular somehow play a role in moving as we are about 3 percent of the popu- Listen, you have a right to make the from what has become an ever-growing lation, and we use about 25 percent of critique you are making. But I have cycle of violence and loss of life of in- the energy and contribute about a not heard you express any indignation nocent people to some kind of frame- third of the gross world product. We whatsoever about the Palestinian sui- work for negotiation and a political are pretty efficient, but nevertheless, cide bombers going to an Israeli teen- settlement. we don’t move in and out of Wash- ager pizza parlor with fragmentation Ultimately, the truth of the matter ington, DC, by hot air. Somebody has bombs and cluster bombs trying to ba- is that I am an American Jew. I am the to take the oil, whether it be oil com- sically murder as many Israeli teen- son of a Jewish immigrant who fled ing from Saddam Hussein, refine it, put agers as possible. I don’t mind your cri- from persecution in Ukraine. And then it in the airplanes. tique of some of Sharon’s policies. I his family moved to Russia. At the age Until we find another alternative, we have questions about some of them. of 17, he fled to our country. I will be are going to either have to make a But where is your indignation and your clear. I speak out of love for Israel. choice of increasing our dependence on anger about the murder of Israeli teen- And Israel as a country will exist. The imported sources such as Iraq or have agers? I condemn that. I condemn the security of Israel and the need of Israel the alternative of developing resources deliberate targeting of innocent people have to be met. here at home and preserving U.S. jobs and the murder of innocent people. As It is also true that the Palestinian and the U.S. economy rather than ex- Camus said, murder is never legiti- people will have their own nation. Pal- porting our dollars overseas. I hope the mate. estinians and Israelis have to live next wisdom of the Senate will prevail when Frankly, some of Arafat’s comments to one another, and they will have to we get to the ANWR amendment. have become increasingly militant in respect one another. That will happen. Mr. BINGAMAN. Mr. President, I the last several days. I certainly ques- My only question is, How much wider a suggest the absence of a quorum. tion some of his leadership. His state- river of blood has to be spilled before The PRESIDING OFFICER. The ments in the last several days—and, we get back to where we all know we clerk will call the roll. maybe even more importantly, some of need to go? So I want to, I guess in a The assistant legislative clerk pro- the actions taken by Arafat’s people— way, applaud the administration, ap- ceeded to call the roll. give me pause. plaud Secretary Powell for sending Mr. BINGAMAN. Mr. President, I ask But, by the same token, I want to be Tony Zinni there. unanimous consent that the order for really clear about this. I think it is I simply say that we need to be en- the quorum call be rescinded. really important that we have Tony gaged. Our Government can play a de- The PRESIDING OFFICER. Without Zinni in the Middle East. I think it is cisive, critical, and positive role. And objection, it is so ordered. critically important that our country we must do so. f play a positive role. I think it is criti- f cally important, as the administration MORNING BUSINESS has made clear—I said this to Sec- HELPING THE HELPLESS Mr. BINGAMAN. Madam President, I retary Bill Burton as well—that we Mr. WELLSTONE. Madam President, ask unanimous consent that there now make it clear to the extremists that I rise to express my puzzlement, my be a period of morning business with Zinni is not leaving on the basis of a dismay, as to why, as soon as possible, Senators permitted to speak for up to terrorist act here, there, or somewhere we can’t do a better job of helping peo- 10 minutes each. else. We are engaged. ple who are faced with some very com- The PRESIDING OFFICER (Ms. LAN- Frankly, the only future is a polit- pelling problems, very compelling DRIEU). Without objection, it is so or- ical settlement. Senator Mitchell was needs. dered. right. The Mitchell report I think lays What I am getting at is very simple. f out a brilliant framework—if we can And maybe this all becomes part of the just somehow get there again. budget resolution. I know the ranking THE MIDDLE EAST I don’t come to the floor with clear member of the Budget Committee is in Mr. WELLSTONE. Madam President, answers as to what to do, but I do know the Chamber. I wish to speak about the Middle East that an eye for an eye and the increas- I was on the Iron Range in Min- because the news from the Israeli and ing cycle of violence takes us nowhere nesota. These are people who have been the Palestinian territory grows dim- good—not for the Israelis, not for the spat out of the economy. They are tac- mer and deadlier by the day. Palestinians, not for our country, and onite workers. Royal TV has pulled the Terrorist attacks and reprisal raids not for the world in which we live. plug. Others are going into bank- have now merged into continuous car- I do not know. I think there are ruptcy. But I thought the discussion nage that looks increasingly indistin- many questions that can be raised would be about pensions, and that is guishable from all-out war. The Israelis about Crown Prince Abdullah’s pro- part of what people are worried about. and the Palestinians are being drawn posal and where Saudi Arabia is going. It is not just Enron. into a horrific cycle of revenge. I myself have questions about some of But I met more workers who were in Frankly, I think an eye for an eye the proposals. But, by the same token, their late fifties—57, 58 years old— and pain inflicted upon pain extended at least there is some hope here. We mainly men, some women; and they into the future will be an ever-wider shall see what happens at this Arab were all saying the same thing: ‘‘I had river of blood that will be spilled. I summit conference. a bout with cancer,’’ or, ‘‘I had a heart wonder how wide the river of blood has We really need to be talking—on the attack and I can’t get any coverage to be before we get back to some kind part of Saudi Arabia and other coun- anywhere.’’ They are terrified. They of political settlement—some kind of tries—about the full normalization of have no health care coverage. The

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1851 COBRA plan is $1,000 a month. They ference in the world, just to educate tion whether that could be right. But it can’t afford it. They are out of work, our children. seems to be the right number based on and they have these preexisting condi- To me, it is a choice. I make that the same information that we have tions, and the premiums are so high. choice. I will probably have an amend- been gathering before, that we have What are these people going to do? ment to give Senators a chance to de- been using before, and that is rather They are asking me for help. They are cide. There is an old Yiddish proverb incredible from the standpoint of the asking all of us for help. that says: You can’t dance at two wed- positive. I have to figure out a way—I guess we dings at the same time. We either go In a typical recession, real compensa- can have a vote on it—as to how we can forward with all these scheduled tax tion tends to stagnate along with pro- help people who are out of work cuts the way we want to do it—in ductivity. Businesses do not increase through no fault of their own. People which case we will not have the money compensation when workers are not have no coverage. They are terrified. for all of these other things, and we getting more productive. But in this We would be terrified. will cut the Community Policing Pro- high productivity recession, real com- So I keep thinking—my head spins— gram by 80 percent, cut the 7(a) Small pensation, believe it or not, has been there is education, special education, Business Program by 50 percent, cut relatively strong, not adversely af- and States saying: Please live up to the Job Training Program, and cut the fected by the recession. In other words, your commitment. In Minnesota, some low-income energy assistance program if you did not lose your job, you were of our school districts are letting off 20, by $300,000 and we will tell people we much better off during this recession 25 percent of the teachers. The class have no money to do any of these other than during previous ones. In turn, in- size is going up. The prekindergarten things or we will not go forward with creases in compensation helped support programs are being cut. But then we all these scheduled tax cuts. It is that the consumer demand which, in a very say we don’t have enough money. simple. real sense, fueled the fires in opposi- Other people are talking to me about I yield the floor. tion to the recession and the factors affordable prescription drugs—a huge f that were feeding it. issue—but we say we really do not have The second factor that made it mild- enough money to make sure the pre- THANK GOODNESS FOR ALAN er than expected was monetary policy. miums are down and the copays aren’t GREENSPAN AND THE TAX CUTS The Fed started cutting interest rates too high and the deductibles aren’t too Mr. DOMENICI. Madam President, in 2 months before the recession began high, and having catastrophic coverage my view, the recession that started and reduced rates to 1.75, the lowest that will work for people. We say we do last March is over and the economy is since 1961. In total, the Fed reduced not have money for that. in recovery. rates 11 times last year. Then on the whole question of what I The unemployment rate has dropped By contrast, during the last reces- just talked about, expanding health 2 straight months and is now at 5.5 per- sion, the Federal Reserve reacted more care coverage for people, we do not cent. Clearly, it was thought that the slowly and much less forcefully. Short- have the money for that. I just think it last unemployment report would show term rates were still 6 percent when is unacceptable. I think we have to that unemployment went up. That is the recession ended the last time we make some decisions about choices, what all the experts thought, even if had a recession. about how much money goes to the tax we were beginning a recovery. So for it The third factor was fiscal policy. cuts scheduled over X number of years, to belie that and come down is a very The tax cut enacted last year could not benefiting whom, and whether or not powerful indicator that, indeed, the re- have come at a better time. No one we are going to be able to do anything covery has started. knows exactly how much it contrib- when it comes to other really critically New orders and production are ex- uted to what I have just described, but important issues in our communities panding the manufacturing sector. Ex- obviously it had some positive impact. having to do with education, health cluding automobiles, retail sales have It was there at the right time, under care, job training, and affordable pre- increased for 5 straight months. Good the right circumstances, and it is one scription drugs, to mention just three news. of the few times in modern history that or four. I put affordable housing right We ought to be thankful that the re- a Congress has enacted a piece of legis- up there as well. cession was not deeper or longer than lation on time, in a timely manner, I am convinced affordable housing is it was. It now appears that the peak in rather than too late and too little. becoming the second most important the unemployment rate was 5.8 percent There are those who would argue education program. It breaks my heart: in December. The peak was 5.8 percent, that the last tax incentive to help with I don’t know how these 8- and 9- and 10- and that was a lot higher than anyone the recession bill was too late. I believe year-olds can do well in school when would like. No one likes to watch the that is the case. Nonetheless, those their families move two or three times unemployment rate go up. But we changes are all good changes that will a year because they do not have afford- ought to recognize that 5.8 percent is perhaps help the economy stay in this able housing. the lowest peak for any recession since upward moving direction in which we I do not know. I think soon we will 1945. Indeed, we have grown accus- find ourselves. get to this debate. I, for myself, have tomed to having extremely high unem- By using tax rebates as made it really clear. Listen, the Sen- ployment; and it is good that it did not downpayments on marginal tax rate ator from New Mexico, he is one of my go as high as it has in the past, as we cuts, we put money in the pockets of favorite Senators. The work we do on went through this set of impacts that I people and convinced them that there mental health is so important to me. I believe are behind us. were more tax cuts to come. I believe know he would not agree with what I Why was the recession so shallow? just doing the rate cuts alone would am about to say, but I will say it in the Why didn’t it linger on, as many not have helped the economy as much Chamber. I say it in Minnesota all the thought it would? In my view, a num- as they did in that format with those time. Other people can have better al- ber of factors played a role. understandings possible by our people. ternatives. First, there was a very high rate of The fourth factor is financial flexi- I am saying, forgo the tax cut for the productivity growth. Usually during a bility. Unlike the situation 10 years top 1 percent of the population—fami- recession, productivity growth is about ago or the situation in Japan today, lies who earn around $297,000 a year— zero. our banking system is very sound, and forgo it. And don’t eliminate the alter- During this recession, productivity so are our credit markets. Firms have native minimum tax. Don’t do it. That growth was 2.7 percent, which is faster a wide variety of options when they alone is $130 billion. That would fund than we usually get during economic want to raise funds, and households special education. That would put the expansion. And, indeed, the last quar- have been able to refinance their Federal Government on a glidepath, ter of reporting would say that the pro- homes at lower interest rates. That has within 5 years, to reach our full fund- ductivity growth was 5 percent. It is so put many billions of dollars in the ing, and in another 5 years to have full high and so robust that it permits a pockets of our people, when the refi- funding. That would make all the dif- Senator such as this one to even ques- nancing occurred. Some of that money

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1852 CONGRESSIONAL RECORD — SENATE March 13, 2002 went into purchases and acquisitions As an officer in the U.S. Army Corps against the harms that come out of that our people made by using some or of Engineers, Montgomery Meigs super- hate. The Local Law Enforcement En- all of the refinance bonus they received vised construction of the current Sen- hancement Act of 2001 is now a symbol because their equity was long. ate and House wings and the Capitol that can become substance. I believe Lower energy prices contributed to dome. During this project, Meigs kept that by passing this legislation, we can this occurring. Now we are noticing a detailed journal of his activities, change hearts and minds as well. that they are beginning to go up again, written in an obscure shorthand and rather dramatically—in fact, too much. only recently transcribed. This publi- f We must send a signal to those who cation provides rich new information RECOGNITION OF THE 90TH ANNI- would arbitrarily do that—and they on construction of the Capitol exten- VERSARY OF THE GIRL SCOUTS are—that we are busy producing an en- sion, and on politics and life in mid- ergy bill in both the House and Senate nineteenth-century Washington. Mr. LEVIN. Madam President, I that will have an impact on that kind The Meigs transcription and publica- would like to congratulate the Girl of capriciousness they exercise against tion project has been a collaborative Scouts of America on their 90th anni- our people through the economy they effort among a number of congressional versary. The Girl Scouts began on adversely affect. offices over the past decade, including March 12, 1912, when founder Juliette Does this mean we have nothing to the Secretary of the Senate, the Clerk Gordon Low assembled 18 girls in Sa- worry about regarding the economy? I of the House, the Architect of the Cap- vannah, GA, for the first ever Girl don’t think so. Another strike by ter- itol, and the Library of Congress. Wil- Scout meeting. She believed that all rorists could again do a great deal of liam Mohr, a retired Senate Official girls should be given the opportunity harm both to investors and to con- Reporter of Debates, translated the to develop physically, mentally, and sumers and, in particular, to con- shorthand, with financial support pro- spiritually. fidence. Probably it would be even a vided by the Senate Bicentennial Com- Girl Scouts of America has a current little more lasting than the last one mission and the U.S. Capitol Historical membership of more than three million because the strike on September 11 was Society. girls and adults, 150,000 of whom live in obviously a total surprise. Another This project has been guided through Michigan. There are also more than 50 strike of that magnitude or bigger to completion by the Senate’s very million Girl Scout alumnae throughout would prove we are vulnerable even able historian, Dr. Richard Baker, and our nation. Girl Scouts serve their when we are more vigilant. his dedicated staff. The idea originated communities, developing skills in a di- We also have to be concerned about in 1991 when Joe Stewart was Sec- verse array of activities including the flow of oil from the Middle East. retary of the Senate. It was Joe Stew- sports, media relations, education and There are those who would like to see art who ensured that the resources science while growing into the leaders a much wider area of conflagration in were made available to bring this fas- of tomorrow. that region, if for no other reason than cinating history to the American pub- One of this year’s Young Women of to hurt the United States. We have to lic. It should be noted that Dr. Baker is Distinction is Ms. Noorain Khan from apply our best efforts to ensure that the first Senate historian and he has Grand Rapids, MI. To earn this distinc- this does not happen. But apart from set a high standard indeed for every tion she worked on many projects in- these potential negative shocks, the Senate historian who will follow in his cluding one with the Islamic Center of economy seems to be recovering and footsteps. We in the Democratic Cau- Grand Rapids which serves a commu- cus have been pleased to listen to Dr. looks poised to enter a period of quite nity of 13,000 Muslims. She helped de- Baker’s ‘‘history minutes’’ each Tues- respectable economic growth—not a velop a grant proposal for a program to day at the start of our regular weekly boom, but that is all right. educate Muslim youth about their reli- Now it is our job to make sure we conferences. He has given us a deeper gion and culture, and better equip continue to focus on policies that will appreciation of the challenges previous them to make responsible decisions as Senators faced, the rich traditions of maximize the long-term growth poten- adults. Her grant proposal consisted of the Senate, and also the humor exhib- tial of our economy, including strong a preliminary curriculum outline, data ited in past times. His stewardship of national defense, homeland security, on demographics in the Islamic com- this project has been justly rewarded energy independence, as much as we munity and a job description for a pro- by the awarding of the George Pen- can do, and free trade. We also need to gram director. Though the grant has dleton Award to the Montgomery start paying attention to simplifying not yet been secured, a framework now Meigs Journals. and streamlining our Tax Code. It will exists for the Islamic center and for fu- Copies of this 900-page book are ture grant proposals. not wait forever. available from the Government Print- Together these policies will put us in All Girl Scout programs are based on ing Office and the Senate Gift Shop. I the Girl Scout Promise and Law and the best position to face the challenges highly recommend it to my colleagues ahead and improve the living standards Four Program Goals: developing self- and to anyone else who treasures the potential, relating to others, devel- of the American people. Capitol. f oping values and contributing to soci- f ety. To achieve these goals, they have HISTORICAL PUBLICATION AWARD LOCAL LAW ENFORCEMENT ACT established programs in foster homes, Mr. DASCHLE. Madam President, I OF 2001 homeless shelters, school yards and Na- am very pleased to note that a recent Mr. SMITH of Oregon. Madam Presi- tive American reservations. Further, Senate publication has won a pres- dent, I rise today to speak about hate the Girl Scouts of America have estab- tigious award. At its forthcoming an- crimes legislation I introduced with lished a research institute, received nual meeting, the Society for History Senator KENNEDY in March of last government funding to address vio- in the Federal Government will present year. The Local Law Enforcement Act lence prevention and are addressing the its George Pendleton Award to Senate of 2001 would add new categories to digital divide with activities that en- Historical Editor Wendy Wolff and the current hate crimes legislation sending courage girls to pursue careers in Senate Historical Office for the book a signal that violence of any kind is science, math and technology. entitled Capitol Builder: The Short- unacceptable in our society. Today, 90 years later, the organiza- hand Journals of Montgomery C. I would like to describe a terrible tion offers girls of all races, ages, Meigs, 1853–1861. The Pendleton Award crime that occurred June 21, 1997 in ethnicities, socioeconomic back- is given annually for ‘‘an outstanding Lansing, MI. Two gay men were at- grounds and abilities the chance to de- major publication on the Federal Gov- tacked with blow darts. The assailants, velop the real-life skills they’ll need as ernment’s history produced by or for a who targeted the victims because of adults. I am sure that my Senate col- Federal history program.’’ It com- their sexual orientation, were arrested leagues join me in commending the memorates former U.S. Senator George in connection with the incident. Girl Scouts on their first 90 years and Pendleton, who sponsored the 1883 civil I believe that government’s first duty look forward to them celebrating many service reform act that bears his name. is to defend its citizens, to defend them more.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1853 Mrs. BOXER. Madam President, this The statistics behind this global And I had the privilege of visiting week, celebrations throughout the Na- plague are shocking: with Tabu, a 28-year-old prostitute, tion will mark the 90th anniversary of Each year, a staggering three million who was leaving Arusha to return to the founding of Girl Scouts. I would people die of AIDS. Someone dies from her village to die. She stayed an extra like to take a few moments to ac- the disease every ten seconds. About day to meet with us, and I will never knowledge this great organization and twice that many, 5.5 million, or two forget her cheerful demeanor and mis- the profound impact it makes in the every ten seconds, become infected. chievous smile as we met in her small lives of girls and young women. That’s 15,000 a day. And what’s even stick-framed mud hut, no more than 12 Ninety years ago, Juliette Gordon more tragic is that 6,000 of those in- by 12. Her two sisters are also infected, Low assembled a group of girls in Sa- fected each day are young—between another sister has already died. Tabu vannah, GA, for the first meeting of ages 15 and 24. Globally, as many as 40 will leave behind an eleven year old Girl Scouts. Her goal was to provide an million are infected. Africa is hit par- daughter, Adija. environment where girls could develop ticularly hard. Of those infected, 70% At home in Tennessee, or even here physically, mentally and spiritually. are in Africa. In Botswana alone, one in Washington, D.C., Uganda and Tan- Those goals are unchanged today, with out of every three individuals is in- zania feel very far away. But the nearly 4 million girls and adults cur- fected. plague of HIV/AIDS and the chaos, de- rently holding membership in Girl And the toll on families is incalcu- spair and civil disorder it perpetrates Scouts. Even more impressive is that lable. 13 million children have been or- only leads to the demise of democracy more than 50 million women in the phaned by AIDS, mostly in Africa. Pro- in a country, in a continent, in the United States today claim a Girl Scout jections for the next ten years are so- world. Without civil institutions, there experience in their past. bering—the orphan population may is disorder. Last year in South Africa, While focused on its goal to help indi- well grown to 40 million—the number one in every 200 teachers died of AIDS. vidual girls thrive, Girl Scouts has also equivalent to all children living east of In Kenya, 75 percent of deaths on the known that it can make an important the Mississippi River here in the U.S. police force are from AIDS. HIV-re- difference in our Nation’s cultural life. But Africa is not alone. India, with lated deaths among hospital workers in From its beginnings, Girl Scouts has over 4 million cases, is on the edge of Zambia have increased 13 times in over maintained a commitment to inclu- an explosive epidemic. China is esti- a decade. In the wake of these losses, siveness. It has encouraged diversity in mated to have as many as 10 million economies are devastated. Botswana’s its ranks, in its leadership and in the infected persons. The Caribbean sadly economy is projected to shrink by 30 broad variety of public service pro- boasts one of the highest rates of infec- percent in ten years. Kenya’s economy grams Girl Scouts pursue. tion of any region in the world. East- will see a 15 percent decline. Family in- I ask my colleagues to join me today ern Europe and Russia report the fast- comes in the Ivory Coast have declined in acknowledging the anniversary of est growth of AIDS cases, 11 times over by 50 percent while expenditures for Girl Scouts. I think that if Juliette during a three year period. And even health care have risen by 4000 percent. Gordon Low were to visit a Girl Scout worse—90 percent of those infected do The orphans of Africa are left with- Troop today, she would rightfully be not know they have the disease. There out parents, without teachers, without very proud of what she would see. role models and leaders. They are sus- ∑ Mr. HOLLINGS. Madam President, I is no cure. There is no vaccine. And it want to congratulate the Girl Scouts of is increasing in numbers. ceptible to recruitment by criminal or- As ranking member of the African the USA on celebrating its 90th anni- ganizations, revolutionary militias, Affairs subcommittee of the Foreign versary. Last night I attended the an- and terrorists. Terrorism could become Relations Committee, I have a commit- niversary banquet with my wife, a way of life—not only for maniacal ment to increase public awareness of Peatsy, who has been involved with the cults but for a generation. September Girl Scout leadership for many years. the HIV pandemic in Africa, and most 11 taught us how small our world really It never ceases to amaze me how this importantly, to develop a strategy to is. And how great the responsibility be- organization, with a membership of al- combat and eradicate the disease from fore us. most 4 million, has maintained the the continent and the world. What I And that is why I’m devoting much same core values it held 90 years ago; saw and learned in Uganda, Kenya, and of my time in the U.S. Senate to the yet it still has changed with the times Tanzania was extraordinary—coming issue of global HIV/AIDS, and in par- to empower girls of all races, all back- face-to-face with the human tragedy of ticular, to the impact of the disease in grounds, and all income levels to meet HIV/AIDS, and lives cut far too short. Africa. Just as our great nation is the their full potential. Some two-thirds of Madam President, Africa has lost an leader in the war on terrorism, we the women members of Congress are entire generation. In Nairobi, Kenya, I must also continue to lead in the glob- Girl Scout alumni, and there is no visited the Kibera slum. With a popu- al battle against AIDS as we work to question that more and more of our fu- lation of over 750,000, one out of five of build a better, safer world. Then where ture business leaders, doctors, lawyers, those who live in Kibera are HIV/AIDS do we go from here? educators, and community leaders will positive. As I walked the crowded, It seems to me there are three key come from the Girl Scout ranks.∑ dirty pathways sandwiched between ingredients: leadership, prevention and hundreds of thousands of aluminum treatment, and funding. f shanties, I was amazed that everyone I would like to elaborate a moment GLOBAL HIV/AIDS: THE HEALTH was a child, or very old. The disease on each. The good news is we know a CRISIS OF OUR TIME had wiped out the parents—the most lot about how to reverse the epidemic. Mr. FRIST. Madam President, I came productive segment of the population— And as a first step, it takes strong to Washington to the U.S. Senate in teachers, military personnel, hospital leadership at all levels, but as with my heart to serve my home state of workers, law enforcement officers. most things in life, that leadership Tennessee and this great nation, but In Arusha, Tanzania, I met Nema must start at the top. President after arriving my steps have also taken whose name means ‘‘Grace.’’ She sells Museveni in Uganda, with whom I me far from the floor of the United bananas to survive and provide for her spent some time on my trip, has not States Senate—on medical mission year and a half old son, Daniel. When been bashful about speaking very pub- trips to Sudan, Africa, and most re- Daniel cried from hunger, Nema kissed licly to the citizens of his country cently, in January, to Uganda, Kenya, his hand because she had nothing to about HIV/AIDS. Bakili Muluzi, Presi- and Tanzania. give him but her love. dent of Malawi, was in my office here The purpose of my trip just a few Margaret, also in Arusha, whose in Washington just a few weeks ago. He weeks ago was to learn, for myself, symptoms first came on in 1990. When told me that he opens every speech to more about the human impact that a her husband died, despite her illness, his countrymen with an admonition simple virus is having on the destruc- she found the strength to fight his fam- about HIV/AIDS. These two presidents tion of a continent. Not a family. Not ily to keep the family property. underscore the need to bring the dis- a community. Not a state. Not a coun- Thanks to her brothers, she has a ease out into the light, helping to try. But an entire continent. house for her six children. eliminate the stigma often associated

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1854 CONGRESSIONAL RECORD — SENATE March 13, 2002 with the disease, and opening the way success. We must encourage people to 1. We must continue to encourage the for public education. be tested, for here is our real oppor- political, religious and business leaders Others have also been doing their tunity to save countless lives. The of the world to unit in an international part—governments, the U.N., the World more people know about infection, the commitment to halt the spread of HIV/ Bank, world leaders, corporations and more likely they are to do something AIDS and to help those who are af- philanthropies. From President Bush about it. I believe we should increase flicted with the disease. to Kofi Annan and Secretary Powell, investments in rapid HIV testing kits 2. We must continue to embrace the world leaders support a call to action, and counseling for developing coun- new Global Fund for HIV/AIDS, TB, and all recognize the need to do more. tries. Access to these testing tools and Malaria. This is not a UN fund, or It’s also leadership from people as un- helps to reinforce prevention messages an American fund. It is a new way of likely as Bono, lead singer of the Irish and guide treatment options. doing business. rock band, U–2. With his passion for Af- As I saw in Africa, testing centers be- come centers of hope for a community, 3. We must better leverage America’s rica and his ‘‘bully pulpit’’ as a celeb- public health care resources and talent rity, he’s a credible and accomplished a place where those struggling with HIV/AIDS can share ideas, support to address the challenge. There must spokesperson on the issue. He joined us be a ‘‘call to cure’’ for our health care in Uganda and Kenya for a couple of each other, learn coping strategies, and receive medical treatment and nutri- professionals to use their talent and days, and I was impressed with his expertise. knowledge, his commitment, his car- tional support. I was particularly im- ing. pressed with the work in the Kibera 4. We should encourage and empower It’s the role of leadership at all levels slum of Nairobi at the Kibera Self-Help coalitions of governments, multi-lat- to ensure that our efforts are well co- Programme, run by the Centers for eral institutions, corporations, founda- ordinated, understanding the impor- Disease Control. Officials there told me tions, scientific institutions and NGO’s tance of enlisting all stakeholders in that a negative test provides a power- to fill the gap between the available re- the fight against HIV/AIDS. We must ful incentive to stay healthy, and gives sources and the unmet needs for pre- coordinate within national govern- people an opportunity to receive coun- vention, care and treatment. ments as well as across them. We must seling on risk behavior that will ulti- 5. We must continue to put commu- mately save lives. A positive test re- leverage our precious resources and nity-based organizations, both reli- moves the burden of not knowing and avoid duplication of effort. As I saw gious and secular, at the forefront of allows for timely treatment and coun- first-hand in east Africa, many of the action on the ground by getting funds seling, an important first step in living best ideas come from those working in to them quickly so they can most ef- longer and healthier lives. fectively do their jobs in reaching out the trenches to fight this disease. In recent months, pharmaceutical those who need help most. Local community participation is es- companies sent a message of hope by sential to this process, and local lead- slashing prices on anti-retrovirals for 6. We must make certain that inter- ership is critical, particularly as we poor countries. Other treatment regi- national research efforts on disease af- work to prevent and treat the disease. mens may make an ever bigger dif- fecting poor countries is reinforced in a Let me cite a couple of examples. ference in extending life and holding manner that assures the best scientific In Tanzania, Sister Denise Lynch families together. Just as importantly, work in the world will lead to real ben- runs the Uhai Center for the Roman the hope of some kind of treatment efits for the developing world—at a Catholic Diocese of Arusha, providing a will encourage more people to have cost they can afford. range of services to village schools and themselves tested. And there are other 7. We must focus on prevention, and churches. Father Bill Freida, a physi- potential public health advantages to also support care and treatment op- cian at St. Mary’s Hospital in Kenya, treatment that require further re- tions that combine reasonable cost tells me they serve over 400 patients a search and evaluation. Treatment with pharmaceuticals with appropriately day, and their chapel and bakery are anti-retroviral drugs lowers the structured health care delivery sys- anchors for the community. And Dr. amount of virus in the blood, poten- tems. Ebenezer Mawasha, also in Tanzania, tially decreasing the risk of trans- 8. Finally, we must do all we can to promotes the teaching of spiritual and mission, both among adults and moth- provide comfort to the families and or- moral values in addition to health and er to child transmissions. phans affected, to give them hope and hygiene education. In addition, access to treatment and dignity. The work that these individuals have drugs is also needed for opportunistic I can still hear young Daniel’s cries accomplished, coupled with their faith infections, such as tuberculosis. For all and commitment, are a true inspira- of hunger and know that his young the damage that HIV/AIDS does, TB mother will not live to see him grow tion to me. And their efforts in pre- kills more people in Africa with AIDS venting the disease will have positive into adolescence, much less manhood; than any other opportunistic infection. can see Sister Denise as she patiently repercussions in the years to come. CDC officials in Kenya told me TB has Their leadership on the ground, in the and capably answers my many ques- increased six times over in the last ten tions about the best ways we can help; trenches, each and every day, is funda- years, and it’s impossible to separate mental to our ultimate success. I also still hear the pride in Father Freida’s HIV and TB. I’ve seen first hand in voice as he describes his hospital as a want to salute the leadership of those Sudan the reemergence of TB in strains with the CDC and U.S. AID on the place to provide dignity and comfort to more resistant, move virulent, than the inflicted and dying; and I think of ground in east Africa. President any we’ve seen before. Museveni told me that our govern- Tabu who has returned to her home vil- And finally, support of health care lage to face death. These images will ment’s investment in Uganda, for ex- delivery systems, with a special em- remain with me; these images ample, of $120 million over the last ten phasis on personnel training, is essen- strengthen my resolve to win the fight years has been instrumental in their tial to effective treatment programs. against HIV/AIDS. success in bringing new infection rates Let me add that on the subject of vac- from 32 percent to just over 6 percent. cines we must continue to search for History will judge us as to how we as Our presence through these two federal the tools to finally reverse the spread a nation, as a global community, ad- agencies is making a difference. of HIV/AIDS. Research and develop- dress and respond to this most dev- Until science produces a vaccine, pre- ment must continue, and I’m pleased astating and destructive public health vention through behavioral change and to report that NIH currently has over crisis we have seen since the bubonic awareness is the key. And once again, two dozen vaccine candidates in the plague ravaged Europe over 600 years cultural stigmas must be overcome. pipeline. Someday, and hopefully very ago. With a combination of comprehensive soon, we will have a vaccine to prevent The task before us looms large, but national plans, donor support and com- this disease. by pulling together, with leadership munity-based organizations, progress In sum, I believe there are eight from all, we will eliminate the scourge can be made. Uganda, Thailand and goals we must pursue in this global of HIV/AIDS from the face of the globe Senegal are these examples of solid fight. in our lifetime.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1855 ECONOMIC STIMULUS—SENATE the economic stimulus package will en- mission is to provide an opportunity PASSAGE courage enterprising businesses and for women of achievement who utilize Mr. ALLEN. Madam President, it is people to invest and grow, promoting wheelchairs, such as Bethaney, to suc- with great relief that I rise today in capital expenditures that would not cessfully educate and advocate for indi- commendation for approval of the ‘‘Job have occurred but for the passage of viduals with disabilities. Creation and Worker Assistance Act of this act, eventually increasing job One certainty that I have come to re- 2002,’’ which I believe represents a job growth and consumer spending. alize in life is that adversity will strike security, job creation and balanced re- Second, the bill includes a provision, and often with a mighty blow. When sponse by the Federal Government to similar to legislation I introduced in Bethaney Adams came face to face the economic challenges faced by fami- September 2001, which provides dis- with adversity, she did not back down lies and businesses. With the signing of placed workers with an additional 13 from her fears or focus her thoughts on this Act into law, on March 9, 2002, by weeks of unemployment benefits after negative scenarios. In fact, she ex- the President, Americans finally re- they have exhausted their State-pro- cluded the word defeat from her vocab- ceived the economic stimulus relief vided unemployment benefits. ulary and decided to live life with a that should have been passed many Recently, we have received good news purpose and meaning. Bethaney, a sen- months ago. on the economy and the prospects of ior at Murray State University, is cur- During the past months, all Ameri- its recovery from the recession. Feb- rently getting her undergraduate de- cans have been deluged with grim news ruary was the first month in which jobs gree in therapeutic recreation. After of recessions, plummeting consumer were added since July 2001, and the un- completing her studies at Murray, she confidence and rising unemployment. employment rate is finally beginning plans on pursuing her masters degree Last March, which is widely believed to to inch down from its high of 5.8 per- in therapeutic recreation and eventu- be the beginning of the current reces- cent in December 2001. ally wants to work in a children’s hos- sion, unemployment totaled 6.2 mil- Yet, even with the good news, Chair- pital where she could assist and inspire lion, or 4.3 percent. Just under a year man Greenspan is still maintaining his those living with disabilities on a daily later, February unemployment rate earlier forecast of relatively weak eco- basis. Outside of her studies, Bethaney has equaled 5.5 percent, a number rep- nomic growth in 2002 of between 2.5 made great strides in the area of com- resentative of the 1.4 million jobs lost percent and 3 percent. It will take time munity service. She has taken trips to since March of last year. for the economy to fully recover and to Mexico, Washington, D.C., and New Or- These numbers represent much more create the jobs that will get workers than just mere statistics, the 5.5 per- leans, where she worked to aid those back on the payrolls. News of eventual cent represents 7.9 million people who less fortunate individuals living in pov- recovery is of little relief for the 1.4 are without a job, a steady paycheck erty. Here in D.C., she stayed at a million workers who have exhausted and the security of knowing that bills homeless shelter in an attempt to mo- their unemployment benefits since will be paid and food will be on the tivate those currently down on their September 2001. table. Even more worrisome for many luck. Bethaney made the choice a long Without the immediate financial life- families is that they have begun to ex- time ago to view her ‘‘dis’’ability as line that the additional 13 weeks of haust their State unemployment bene- just the opposite. Being in a wheelchair fits: in January 2002 alone, 373,000 dis- benefits provides, these families, at the gives her the ability to communicate placed workers ran out of the financial minimum, risk ruining their credit rat- with others and make a difference in support they need to simply survive as ings and, in the worst-case scenario, their lives. they look for a job. could lose their home or car. As for Bethaney’s most recent ac- This is why ending the obstruction Hard-working Americans, facing such complishment, winning Ms. Wheelchair by passage of the Job Creation and a harrowing situation, ought to have a Kentucky, she now plans to use this as Worker Assistance Act of 2002 is so im- response to help them get through the an opportunity to broaden the scope of portant. This bill not only includes tar- early stages of the economy recovery her audience. She will speak at camps geted tax incentives that will increase until jobs become more readily avail- across the Commonwealth and address capital investment and spending, en- able and workers can provide for their inner-city youth in an effort to provide suring that the weak recovery under- families. The 13 weeks of extended ben- that successful and positive thinking way will not be derailed, but it pro- efits provides the temporary financial leads directly to successful and posi- vides the economic security the fami- assistance for displaced workers to get tive actions. In June Bethaney will, for lies of displaced workers so desperately back on their feet and successfully get the third straight year, be a speaker at need to get by until new jobs can be a new job. the National Spina Bifida Conference found. In sum, the Job Creation and Worker in Orlando, Florida, and in August she I would like to take this opportunity Assistance Act of 2002 is the appro- will represent Kentucky in the Ms. to talk briefly about two provisions priate combination of immediate finan- Wheelchair America pageant to be held that I am particularly pleased are in- cial relief and security to American in Maryland. The contest will judge the cluded in the economic stimulus pack- families and tax incentives for busi- contestants based upon their accom- age. nesses to make the capital investments plishments, communication skills, self- First, this recession is notable for necessary for economic growth and job perception, and projection in the per- the sharp plummet in the level of cap- creation. I am confident that the new sonal and on-stage interviews as well ital investment in new equipment and opportunities made available with the as the platform speech presentation. I technologies by companies, coupled passage of this act will go a long way know Bethaney will make Kentucky with a decrease in consumer demand. toward ensuring a more secure future proud. Until such capital expenditures in- for American working men, women and I once again congratulate Bethaney crease, our economy will not fully re- families. Adams for this honorable distinction cover from the recession. f and wish her the best in all her future Accelerated depreciation is a top pri- endeavors. I believe each and every one ority of Virginia’s and America’s tech- ADDITIONAL STATEMENTS of us can take something away from nology industry. It will spur capital ex- this incredible woman and her ability penditures for new advanced equipment HONORING BETHANEY ADAMS to turn an obstacle into a motivation. and technology. This incentive will I thank her for being an inspiration to create and save more jobs for working ∑ Mr. BUNNING. Madam President, I me and so many others.∑ rise today to honor a truly amazing men and women involved in producing, f creating, fabricating and transporting and enchanting woman, Ms. Bethaney such capital equipment from com- Adams of Bowling Green, Kentucky. TRIBUTE TO 2001 BUSINESS OF puters and construction equipment to Bethaney was recently named Ms. THE YEAR—FIDELITY INVEST- airplanes and locomotives. Wheelchair Kentucky by the Ms. MENTS By providing for a 30-percent bonus Wheelchair America Program, Inc. The ∑ Mr. SMITH of New Hampshire. depreciation rate over a 3-year period, Ms. Wheelchair America Program’s Madam President, I rise today to pay

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1856 CONGRESSIONAL RECORD — SENATE March 13, 2002 tribute to Fidelity Investments of Miltonia Mills which specialized in fine and volunteering at the American Ca- Merrimack, New Hampshire, on being wool blankets that were used by Admi- nadian Genealogy Library. named as the 2001 Business of the Year ral Peary on exploratory exhibitions. A I applaud the service that Nelson has by the Merrimack Chamber of Com- distillery and five icehouses which sup- selflessly provided to the citizens of merce. An active member of the com- plied ice to Boston, Massachusetts, Merrimack. His caring efforts have munity, Fidelity Investments has been were also located in Milton. benefitted the residents of Merrimack a model in stewardship for the greater Construction of homes began in Mil- and the community at large. I con- Merrimack area. ton during the early 1800’s and the first gratulate Nelson on this prestigious I commend the achievements of Fi- rural schools, Plummer’s Ridge School award and wish him well in his retire- delity Investments for the growth of #1 and Nute Ridge School #2 were ment years. It is truly an honor and a the company and the opportunities it built. Both school buildings remain privilege to represent him in the provides to the citizens of Merrimack standing in Milton today. In 1853, United States Senate.∑ and the State. In 1996, Fidelity Invest- Lewis Worster Nute, a native of Mil- f ments opened its Merrimack facility ton, provided financial support in his with 300 employees and a single busi- will to build a school and a library in MESSAGES FROM THE PRESIDENT ness unit on the former Digital Equip- Milton and a chapel in West Milton. Messages from the President of the ment site. Five years later in 2002, Fi- Today, the Town of Milton, situated United States were communicated to delity has expanded to more than 20 Fi- in southeastern New Hampshire, has a the Senate by Ms. Evans, one of his delity-affiliated business units with population of approximately four thou- secretaries. more than 3,500 employees. sand residents. Teneriffe Mountain f Fidelity Investments has been a dedi- overlooks Milton Three Ponds which cated member of the Merrimack Cham- connects to the Salmon Falls River, of- EXECUTIVE MESSAGES REFERRED ber for the past five years. Always ac- fering spectacular scenery year round. As in executive session the Presiding tive in community events, Fidelity has Milton’s municipal government con- Officer laid before the Senate messages contributed to programs including: sists of an elected three member Board from the President of the United Merrimack Chamber Golf Tournament of Selectmen and numerous other States submitting sundry nominations and Banquet, Fidelity Foundation, boards and committees. The Town’s which were referred to the appropriate Mentor Program with Mastricola Mid- representatives in the New Hampshire committees. dle School, Career’s Academy of Fi- legislature include: Representatives (The nominations received today are nance program at the South Central Nancy Johnson and Rodney Woodill printed at the end of the Senate pro- School, sponsor of the Union Leader’s and State Senator Carl Johnson. The ceedings.) Stock Market Made Easy program, Town has an excellent on-call Fire De- f sponsor of Junior Achievement’s Titan partment and Ambulance Corps, along PRESIDENTIAL MESSAGE Cyber-Biz program, and sponsor of Kids with a well staffed Police Department Voting New Hampshire. and a summer marine patrol. The following presidential message The company also has a strong rela- Each year the townspeople of Milton was laid before the Senate together tionship with members of the nominate a ‘‘Citizen of the Year’’. In with accompanying reports, which was Merrimack law enforcement and public 2002, the Fire, Police and Ambulance referred as indicated: safety communities providing sponsor- Corps will be honored as the true he- PM–75. A message from the President of ships for training and donations of roes in Milton, New Hampshire. the United States, transmitting, pursuant to equipment including participation in I congratulate the citizens of Milton, law, the Periodic Report on the National the Local Emergency Planning Com- New Hampshire, as they celebrate the Emergency with Respect to Iran; to the mittee. Fidelity also offers access to Town’s bicentennial anniversary and Committee on Banking, Housing, and Urban Affairs. and usage of the company’s helicopter wish them continued success and pros- pad by the Merrimack Fire Department perity in the years to come. It is truly To the Congress of the United States: during medical emergencies. an honor and a privilege to represent Section 202(d) of the National Emer- I applaud the exemplary acts of com- the people of the Town of Milton in the gencies Act (50 U.S.C. 1622(d)) provides munity involvement by the leadership United States Senate.∑ for the automatic termination of a na- tional emergency unless, prior to the and employees of Fidelity Investments f and congratulate them on this pres- anniversary date of its declaration, the TRIBUTE TO NELSON DISCO tigious award. The Town of Merrimack President publishes in the Federal Reg- and entire State have benefitted from ∑ Mr. SMITH of New Hampshire. ister and transmits to the Congress a the economic and charitable contribu- Madam President, I rise today to pay notice stating that the emergency is to tions made by the concerned citizens at tribute to Nelson Disco of Merrimack, continue in effect beyond the anniver- Fidelity Investments. It is truly an New Hampshire, on being named as the sary date. In accordance with this pro- honor and a privilege to represent you 2001 President’s Award recipient by the vision, I have sent the enclosed notice, in the United States Senate.∑ Merrimack Chamber of Commerce. stating that the Iran emergency is to continue in effect beyond March 15, f A dedicated member of the commu- nity at large, Nelson has worked dili- 2002, to the Federal Register for publica- TRIBUTE TO THE TOWN OF gently donating his time and talents to tion. The most recent notice con- MILTON, NEW HAMPSHIRE projects and programs benefitting the tinuing this emergency was published ∑ Mr. SMITH of New Hampshire. Town of Merrimack including: Parks in the Federal Register on March 14, 2001 Madam President, I rise today to pay and Recreation Department tennis (66 Fed. Reg. 15013). tribute to the citizens of Milton, New court designer, member of the Board of The crisis between the United States Hampshire, on the occasion of the Selectmen, and Planning Board. and Iran constituted by the actions and Town’s bicentennial celebration. Nelson was a recipient of the Paul policies of the Government of Iran, in- The Town of Milton, located in Straf- Harris Fellowship Award from the cluding its support for international ford County, has a rich history in the Merrimack Rotary Club and was the terrorism, efforts to undermine Middle State of New Hampshire. A petition 1990 Chamber Business Person of the East peace, and acquisition of weapons was submitted in 1794 by the citizens of Year. Retired from Sanders Corpora- of mass destruction and the means to Rochester to be incorporated as a sepa- tion in 2000, he has been an exemplary deliver them, that led to the declara- rate town. On June 11, 1802, the Town contributor to the Chamber of Com- tion of a national emergency on March of Milton was incorporated. merce assisting with programs includ- 15, 1995, has not been resolved. These Milton is located on Milton Three ing co-chair of the Gourmet Festival actions and policies are contrary to the Ponds, an area blessed with an abun- and volunteer on the Banquet Com- interests of the United States in the re- dance of waterpower which was utilized mittee. gion and pose a continuing unusual and by different industries including sev- Nelson enjoys his retirement exer- extraordinary threat to the national eral sawmills and a woolen mill, cising with friends four days per week security, foreign policy, and economy

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1857 of the United States. For these rea- H.R. 2175. An act to protect infants who are EC–5729. A communication from the Trial sons, I have determined that it is nec- born alive. Attorney, Federal Railroad Administration, essary to continue the national emer- The message also announced that the Department of Transportation, transmitting, gency declared with respect to Iran and House has agreed to the following con- pursuant to law, the report of a rule entitled ‘‘Regulations on Safety Integration Plans maintain in force comprehensive sanc- current resolution: Governing Railroad Consolidations, Mergers, tions against Iran to respond to this H. Con. Res. 339. Concurrent resolution ex- and Acquisitions of Control, and Procedures threat. pressing the sense of the Congress regarding for Surface Transportation Board Consider- GEORGE W. BUSH. the Bureau of the Census on the 100th anni- ation of Safety Integration Plans in Cases THE WHITE HOUSE, March 13, 2002. versary of its establishment. Involving Railroad Mergers, Consolidations, f The message also announced that and Acquisitions of Control’’ (RIN2130–AB24) pursuant to clause 11 of rule 1, the received on March 12, 2002; to the Committee PRESIDENTIAL MESSAGE Speaker removes Mr. BALLENGER of on Commerce, Science, and Transportation. The following Presidential message North Carolina, as a conferee to the f was laid before the Senate together bill (H.R. 2646) to provide for the con- INTRODUCTION OF BILLS AND with accompanying reports, which was tinuation of agricultural programs JOINT RESOLUTIONS through fiscal year 2011, and appoints referred as indicated: The following bills and joint resolu- Mr. BARTLETT of Maryland, to fill the PM–76. A message from the President of tions were introduced, read the first vacancy. the United States, transmitting, pursuant to and second times by unanimous con- law, a report concerning the continuation of f the National Emergency with Respect to sent, and referred as indicated: Iran beyond March 15, 2002; to the Com- MEASURES REFERRED By Mr. HOLLINGS (for himself and Mr. mittee on Banking, Housing, and Urban Af- The following concurrent resolution THURMOND): fairs. was read, and referred as indicated: S. 2011. A bill to extend the temporary sus- pension of duty on ferroboron; to the Com- To the Congress of the United States: H. Con. Res. 339. Concurrent resolution ex- mittee on Finance. As required by section 401(c) of the pressing the sense of the Congress regarding By Mr. HOLLINGS (for himself and Mr. National Emergencies Act, 50 U.S.C. the Bureau of the Census on the 100th anni- THURMOND): 1641(c), section 204(c) of the Inter- versary of its establishment, to the Com- S. 2012. A bill to extend the temporary sus- national Emergency Economic Powers mittee on Governmental Affairs. pension of duty on cobalt boron; to the Com- Act, 50 U.S.C. 1703(c), and section 505(c) f mittee on Finance. of the International Security and De- MEASURES READ THE FIRST TIME f velopment Cooperation Act of 1985, 22 The following bill was read the first ADDITIONAL COSPONSORS U.S.C. 2349aa–9(c), I transmit herewith time: a 6-month periodic report prepared by S. 367 my Administration on the national H.R. 2175. An act to protect infants who are At the request of Mrs. BOXER, the born alive. emergency with respect to Iran that name of the Senator from New Mexico was declared in Executive Order 12957 f (Mr. BINGAMAN) was added as a cospon- of March 15, 1995. EXECUTIVE AND OTHER sor of S. 367, a bill to prohibit the ap- plication of certain restrictive eligi- GEORGE W. BUSH. COMMUNICATIONS THE WHITE HOUSE, March 13, 2002. bility requirements to foreign non- The following communications were governmental organizations with re- f laid before the Senate, together with spect to the provision of assistance MESSAGE FROM THE HOUSE accompanying papers, reports, and doc- under part I of the Foreign Assistance uments, which were referred as indi- Act of 1961. At 11:28 p.m., a message from the cated: S. 917 House of Representatives, delivered by EC–5724. A communication from the Chief At the request of Ms. COLLINS, the Ms. Niland, one of its reading clerks, Counsel, Saint Lawrence Seaway Develop- announced that the House has agreed ment Corporation, Department of Transpor- name of the Senator from Louisiana to the amendment of the Senate to the tation, transmitting, pursuant to law, the re- (Ms. LANDRIEU) was added as a cospon- title and agreed to the amendment of port of a rule entitled ‘‘Seaway Regulations sor of S. 917, a bill to amend the Inter- the Senate to the text of the bill (H.R. and Rules: Ballast Waters’’ (RIN2135–AA13) nal Revenue Code of 1986 to exclude 1499) to amend the District of Columbia received on March 12, 2002; to the Committee from gross income amounts received on College Access Act of 1999 to permit in- on Environment and Public Works. account of claims based on certain un- EC–5725. A communication from the Chair- dividuals who graduated from a sec- lawful discrimination and to allow in- man of the Council of the District of Colum- come averaging for backpay and ondary school prior to 1998 and individ- bia, transmitting, pursuant to law, a report uals who enroll in an institution of on D.C. Act 14–297, ‘‘Advisory Neighborhood frontpay awards received on account of higher education more than 3 years Commissions Boundaries Act of 2002’’ re- such claims, and for other purposes. after graduating from a secondary ceived on March 12, 2002; to the Committee S. 960 school to participate in the tuition as- on Governmental Affairs. At the request of Mr. BINGAMAN, the sistance programs under such Act, and EC–5726. A communication from the Chief names of the Senator from North Da- of the Regulations Unit, Internal Revenue for other purposes, with an amendment kota (Mr. CONRAD), the Senator from Service, Department of the Treasury, trans- Maine (Ms. SNOWE), the Senator from to the Senate amendments in which it mitting, pursuant to law, the report of a rule requests the concurrence of the Senate. entitled ‘‘Weighted Average Interest Rate Massachusetts (Mr. KERRY), the Sen- The message also announced that the Update Notice’’ (Notice 2001–65) received on ator from Washington (Ms. CANTWELL), House has agreed to the amendment of March 12, 2002; to the Committee on Finance. the Senator from Connecticut (Mr. LIE- the Senate to the bill (H.R. 1885) to ex- EC–5727. A communication from the Chief BERMAN), the Senator from Arkansas pand the class of beneficiaries who may of the Regulations Unit, Internal Revenue (Mr. HUTCHINSON), the Senator from apply for adjustment of status under Service, Department of the Treasury, trans- Louisiana (Ms. LANDRIEU), and the Sen- mitting, pursuant to law, the report of a rule ator from Illinois (Mr. DURBIN) were section 245(i) of the Immigration and entitled ‘‘Update of Notice 2000–11’’ (Notice Nationality Act by extending the dead- 2002–3) received on March 12, 2002; to the added as cosponsors of S. 960, a bill to line for classification petition and Committee on Finance. amend title XVIII of the Social Secu- labor certification filings, and for EC–5728. A communication from the Dep- rity Act to expand coverage of medical other purposes, with an amendment uty Chief Counsel, Maritime Administration, nutrition therapy services under the and an amendment to the title in Department of Transportation, transmitting, medicare program for beneficiaries which it requests the concurrence of pursuant to law, the report of a rule entitled with cardiovascular diseases. ‘‘Eligibility of U.S. Flag Vessels of 100 Feet the Senate. S. 987 or Greater in Registered Length to Obtain a The message further announced that Fishery Endorsement to the Vessel’s Docu- At the request of Mr. TORRICELLI, the the House has passed the following bill, mentation’’ (RIN2133–AB45) received on name of the Senator from Washington in which it requests the concurrence of March 12, 2002; to the Committee on Com- (Mrs. MURRAY) was added as a cospon- the Senate: merce, Science, and Transportation. sor of S. 987, a bill to amend title XIX

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1858 CONGRESSIONAL RECORD — SENATE March 13, 2002 of the Social Security Act to permit highway infrastructure investment at At the request of Mr. BUNNING, his States the option to provide medicaid the guaranteed funding level contained name was added as a cosponsor of coverage for low-income individuals in- in the Transportation Equity Act for amendment No. 2997 supra. fected with HIV. the 21st Century. f S. 1067 S. 1991 STATEMENTS ON INTRODUCED At the request of Mr. COCHRAN, his At the request of Mr. HOLLINGS, the BILLS AND JOINT RESOLUTIONS name was added as a cosponsor of S. name of the Senator from Hawaii (Mr. 1067, a bill to amend the Internal Rev- INOUYE) was added as a cosponsor of S. By Mr. HOLLINGS (for himself enue Code of 1986 to expand the avail- 1991, to establish a national rail pas- and Mr. THURMOND): ability of Archer medical savings ac- senger transportation system, reau- S. 2011. A bill to extend the tem- counts. thorize Amtrak, improve security and porary suspension of duty on ferroboron; to the Committee on Fi- S. 1258 service on Amtrak, and for other pur- nance. At the request of Mr. DORGAN, the poses. name of the Senator from Vermont S. 2003 By Mr. HOLLINGS (for himself (Mr. LEAHY) was added as a cosponsor At the request of Mr. NELSON of Flor- and Mr. THURMOND): of S. 1258, a bill to improve academic ida, the names of the Senator from Ha- S. 2012. A bill to extend the tem- and social outcomes for teenage youth. waii (Mr. INOUYE), the Senator from Il- porary suspension of duty on cobalt S. 1410 linois (Mr. DURBIN), and the Senator bor-on; to the Committee on Finance. At the request of Mr. COCHRAN, the from Connecticut (Mr. LIEBERMAN) Mr. HOLLINGS. Madam President, name of the Senator from Mississippi were added as cosponsors of S. 2003, a today, I, along with Senator THUR- (Mr. LOTT) was added as a cosponsor of bill to amend title 38, United States MOND, introduce two duty suspensions S. 1410, a bill to amend the Internal Code, to clarify the applicability of the designed to permit the import of raw Revenue Code of 1986 to clarify the ex- prohibition on assignment of veterans materials into the United States duty cise tax exemptions for aerial applica- benefits to agreements regarding fu- free. The materials are not indigenous tors of fertilizers or other substances. ture receipt of compensation, pension, to or made in the United States. There- S. 1625 or dependency and indemnity com- fore, their importation will not dis- At the request of Mr. BINGAMAN, the pensation, and for other purposes. place domestic sourcing. Moreover, be- name of the Senator from Washington S. RES. 132 cause of the nature of the products at (Ms. CANTWELL) was added as a cospon- At the request of Mr. CLELAND, the issue, they will assist in the creation of sor of S. 1625, a bill to require the Sec- name of the Senator from Alaska (Mr. additional jobs in the United States. retary of Health and Human Services MURKOWSKI) was added as a cosponsor I believe that this is the most appro- to approve up to 4 State waivers to of S. Res. 132, a resolution recognizing priate use of such legislation. The im- allow a State to use its allotment the social problem of child abuse and ported product will not displace any under the State children’s health in- neglect, and supporting efforts to en- that is manufactured in the United surance program under title XXI of the hance public awareness of it. States. Moreover, the imported product Social Security Act to increase the en- S. RES. 206 will assist in enhancing American pro- rollment of children eligible for med- At the request of Mr. MURKOWSKI, the ductive capacity. I am therefore hope- ical assistance under the medicaid pro- names of the Senator from Colorado ful that this new capacity can be used gram under title XIX of such Act. (Mr. CAMPBELL), the Senator from Ha- to supply both domestic and foreign S. 1652 waii (Mr. INOUYE), the Senator from needs and will increase employment in At the request of Mr. BINGAMAN, the Washington (Mrs. MURRAY), the Sen- the United States. name of the Senator from Washington ator from South Dakota (Mr. JOHNSON), f (Ms. CANTWELL) was added as a cospon- the Senator from Maryland (Mr. SAR- AMENDMENTS SUBMITTED AND sor of S. 1652, a bill to amend the Agri- BANES), and the Senator from New Jer- PROPOSED cultural Market Transition Act to con- sey (Mr. TORRICELLI) were added as co- vert the price support program for sug- sponsors of S. Res. 206, a resolution SA 2998. Mr. MILLER (for himself, Mr. GRAMM, Mr. HUTCHINSON, Mr. INHOFE, Mr. designating the week of March 17 arcane and sugar beets into a system of HELMS, and Mr. ALLEN) proposed an amend- solely recourse loans and to provide for through March 23, 2002 as ‘‘National ment to amendment SA 2917 proposed by Mr. the gradual elimination of the pro- Inhalants and Poison Prevention DASCHLE (for himself and Mr. BINGAMAN) to gram. Week.’’ the bill (S. 517) to authorize funding the De- S. 1738 S. RES. 207 partment of Energy to enhance its mission areas through technology transfer and part- At the request of Mr. KERRY, the At the request of Mr. BINGAMAN, the nerships for fiscal years 2002 through 2006, name of the Senator from Georgia (Mr. name of the Senator from Louisiana and for other purposes. CLELAND) was added as a cosponsor of (Ms. LANDRIEU) was added as a cospon- SA 2999. Mr. KERRY (for himself, Mr. S. 1738, a bill to amend title XVIII of sor of S. Res. 207, a resolution desig- MCCAIN, Ms. SNOWE, Mr. SMITH, of Oregon, the Social Security Act to provide reg- nating March 31, 2002, and March 31, Ms. COLLINS, and Mr. CHAFEE) proposed an ulatory relief, appeals process reforms, 2003, as ‘‘National Civilian Conserva- amendment to amendment SA 2917 proposed contracting flexibility, and education tion Corps Day.’’ by Mr. DASCHLE (for himself and Mr. BINGA- MAN) to the bill (S. 517) supra. improvements under the medicare pro- S. RES. 219 gram, and for other purposes. SA 3000. Mr. THOMAS (for himself, Mr. At the request of Mr. GRAHAM, the BINGAMAN, and Mr. MURKOWSKI) proposed an S. 1752 name of the Senator from Arizona (Mr. amendment to amendment SA 2917 proposed At the request of Mr. CORZINE, the MCCAIN) was added as a cosponsor of S. by Mr. DASCHLE (for himself and Mr. BINGA- name of the Senator from New Mexico Res. 219, a resolution expressing sup- MAN) to the bill (S. 517) supra. (Mr. BINGAMAN) was added as a cospon- port for the democratically elected SA 3001. Mr. THOMAS (for himself, Mr. sor of S. 1752, a bill to amend the Pub- Government of Colombia and its efforts BINGAMAN, and Mr. MURKOWSKI) proposed an lic Health Service Act with respect to to counter threats from United States- amendment to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGA- facilitating the development of designated foreign terrorist organiza- MAN) to the bill (S. 517) supra. microbicides for preventing trans- tions. SA 3002. Mr. THOMAS (for himself, Mr. mission of HIV and other sexually AMENDMENT NO. 2997 BINGAMAN, and Mr. MURKOWSKI) proposed an transmitted diseases. At the request of Mr. BOND, the amendment to amendment SA 2917 proposed S. 1917 names of the Senator from Iowa (Mr. by Mr. DASCHLE (for himself and Mr. BINGA- MAN) to the bill (S. 517) supra. At the request of Mr. JEFFORDS, the GRASSLEY), the Senator from Arkansas SA 3003. Mr. THOMAS (for himself, Mr. UTCHINSON names of the Senator from Colorado (Mr. H ), the Senator from BINGAMAN, and Mr. MURKOWSKI) proposed an (Mr. ALLARD) and the Senator from Ha- Virginia (Mr. ALLEN), and the Senator amendment to amendment SA 2917 proposed waii (Mr. INOUYE) were added as co- from Ohio (Mr. VOINOVICH) were added by Mr. DASCHLE (for himself and Mr. BINGA- sponsors of S. 1917, a bill to provide for as cosponsors of amendment No. 2997. MAN) to the bill (S. 517) supra.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1859 SA 3004. Mr. THOMAS (for himself, Mr. egon, Ms. COLLINS, and Mr. CHAFEE) section (c)(2) of this section)’’ in subsection BINGAMAN, and Mr. MURKOWSKI) proposed an proposed an amendment to amendment (g). (b) DEFINITION OF LIGHT TRUCKS.— amendment to amendment SA 2917 proposed SA 2917 proposed by Mr. DASCHLE (for by Mr. DASCHLE (for himself and Mr. BINGA- (1) IN GENERAL.—Section 32901(a) of title 49, himself and Mr. BINGAMAN) to the bill MAN) to the bill (S. 517) supra. United States Code, is amended by adding at SA 3005. Mr. THOMAS (for himself, Mr. (S. 517) to authorize funding the De- the end the following: BINGAMAN, and Mr. MURKOWSKI) proposed an partment of Energy to enhance its mis- ‘‘(17) ‘light truck’ means a vehicle, as de- amendment to amendment SA 2917 proposed sion areas through technology transfer termined by the Secretary by regulation, by Mr. DASCHLE (for himself and Mr. BINGA- and partnerships for fiscal years 2002 that— MAN) to the bill (S. 517) supra. through 2006, and for other purposes; as ‘‘(A) is manufactured primarily for trans- SA 3006. Mr. THOMAS (for himself, Mr. follows: porting not more than 10 individuals; BINGAMAN, and Mr. MURKOWSKI) proposed an ‘‘(B) is rated at not more than 10,000 amendment to amendment SA 2917 proposed Strike subtitle A of title VIII and insert pounds gross vehicle weight; by Mr. DASCHLE (for himself and Mr. BINGA- the following: ‘‘(C) is not a passenger automobile; and MAN) to the bill (S. 517) supra. Subtitle A—CAFE Standards and Related ‘‘(D) is not described in paragraph (1) or (4) SA 3007. Mr. CAMPBELL (for himself, Mr. Matters of the definition of the term ‘medium-duty BROWNBACK, Mr. GRAMM, Mr. ENZI, and Mr. PART I—CORPORATE AVERAGE FUEL passenger vehicle’ in section 86.1803–01 of SMITH of New Hampshire) proposed an ECONOMY STANDARDS title 40, Code of Federal Regulations.’’. amendment to amendment SA 2917 proposed EADLINE FOR REGULATIONS SEC. 801. AVERAGE FUEL ECONOMY STANDARDS (2) D .—The Sec- by Mr. DASCHLE (for himself and Mr. BINGA- FOR PASSENGER AUTOMOBILES AND retary of Transportation— MAN) to the bill (S. 517) supra. LIGHT TRUCKS. (A) shall issue proposed regulations imple- SA 3008. Mr. DAYTON (for himself and Mr. (a) INCREASED STANDARDS.—Section 32902 menting the amendment made by paragraph GRASSLEY) submitted an amendment in- of title 49, United States Code, is amended— (1) not later than 1 year after the date of the tended to be proposed to amendment SA 2917 (1) by striking ‘‘NON-PASSENGER AUTO- enactment of this Act; and proposed by Mr. DASCHLE (for himself and MOBILES.—’’ in subsection (a) and inserting (B) shall issue final regulations imple- Mr. BINGAMAN) to the bill (S. 517) supra; ‘‘PRESCRIPTION OF STANDARDS BY REGULA- menting the amendment not later than 18 which was ordered to lie on the table. months after the date of the enactment of SA 3009. Mr. DOMENICI proposed an TION.—’’; and (2) by striking ‘‘(except passenger auto- this Act. amendment to amendment SA 2917 proposed mobiles)’’ in subsection (a) and inserting (3) EFFECTIVE DATE.—Regulations pre- by Mr. DASCHLE (for himself and Mr. BINGA- ‘‘(except passenger automobiles and light scribed under paragraph (1) shall apply be- MAN) to the bill (S. 517) supra. ginning with model year 2007. SA 3010. Mr. BINGAMAN (for Ms. LANDRIEU) trucks)’’; (c) APPLICABILITY OF EXISTING STAND- proposed an amendment to amendment SA (3) by striking subsection (b) and inserting ARDS.—This section does not affect the appli- 2917 proposed by Mr. DASCHLE (for himself the following: ‘‘(b) STANDARDS FOR PASSENGER AUTO- cation of section 32902 of title 49, United and Mr. BINGAMAN) to the bill (S. 517) supra. States Code, to passenger automobiles or SA 3011. Mr. BINGAMAN (for Ms. LANDRIEU MOBILES AND LIGHT TRUCKS.— non-passenger automobiles manufactured be- (for himself and Mr. DOMENICI)) proposed an ‘‘(1) IN GENERAL.—The Secretary of Trans- amendment to amendment SA 2917 proposed portation, after consultation with the Ad- fore model year 2007. (d) AUTHORIZATION OF APPROPRIATIONS.— by Mr. DASCHLE (for himself and Mr. BINGA- ministrator of the Environmental Protection There are authorized to be appropriated to MAN) to the bill (S. 517) supra. Agency, shall prescribe average fuel econ- omy standards for passenger automobiles the Secretary of Transportation to carry out f and light trucks manufactured by a manu- the provisions of chapter 329 of title 49, TEXT OF AMENDMENTS facturer in each model year beginning with United States Code, $25,000,000 for each of fis- model year 2007 in order to achieve a com- cal years 2003 through 2015. SA 2998. Mr. MILLER (for himself, bined average fuel economy standard for pas- SEC. 802. FUEL ECONOMY STANDARD CREDITS. Mr. GRAMM, Mr. HUTCHINSON, Mr. senger automobiles and light trucks for (a) IN GENERAL.—Section 32903 of title 49, INHOFE, Mr. HELMS, and Mr. ALLEN) model year 2015 of at least 36 miles per gal- United States Code, is amended by striking proposed an amendment to amendment lon. the second sentence of subsection (a) and in- SA 2917 proposed by Mr. DASCHLE (for ‘‘(2) INTERMEDIATE FUEL ECONOMY STAND- serting ‘‘The credits— himself and Mr. BINGAMAN) to the bill ARDS.—Consistent with the requirements of ‘‘(1) may be applied to any of the 3 model (S. 517) to authorize funding the De- paragraph (1), the Secretary of Transpor- years immediately following the model year partment of Energy to enhance its mis- tation shall, in determining the pacing of for which the credits are earned; or sion areas through technology transfer fuel economy standards described in para- ‘‘(2) transferred to the registry established graph (1), set intermediate standards in a under section 821(a) of the Energy Policy Act and partnerships for fiscal years 2002 manner that— of 2002.’’. through 2006, and for other purposes; as ‘‘(A) encourages introduction and use of (b) GREENHOUSE GAS CREDITS APPLIED TO follows: advanced technology vehicles, such as hybrid CAFE STANDARDS.—Section 32903 of title 49, On page 177, before line 1, insert the fol- and fuel cell vehicles, to achieve reductions United States Code, is amended by adding at lowing: in fuel consumption; the end the following: SEC. 811. AVERAGE FUEL ECONOMY STANDARDS ‘‘(B) takes into account the effects of in- ‘‘(g) GREENHOUSE GAS CREDITS. FOR PICKUP TRUCKS. creased fuel economy on air quality; ‘‘(1) IN GENERAL.—A manufacturer may (a) IN GENERAL.—Section 32902(a) of title ‘‘(C) takes into account the effects of com- apply credits purchased through the registry 49, United States Code, is amended— pliance with average fuel economy standards established by section 821(a) of the Energy (1) by inserting ‘‘(1)’’ after the after ‘‘AUTO- on levels of employment in the United Policy Act of 2002 toward any model year MOBILES.—’’; and States; and after model year 2006 under subsection (d), (2) by adding at the end the following new ‘‘(D) takes into account cost and lead time subsection (e), or both. paragraph: necessary for the introduction of the nec- ‘‘(2) LIMITATION.—A manufacturer may not ‘‘(2) The average fuel economy standard for essary new technologies. use credits purchased through the registry to pickup trucks manufactured by a manufac- ‘‘(3) DEADLINE FOR REGULATIONS.—The Sec- offset more than the following percentages turer in a model year after model year 2004 retary shall promulgate the regulations re- of the fuel economy standard applicable to shall be no higher than 20.7 miles per gallon. quired by paragraph (1) in final form no later any model year: No average fuel economy standard prescribed than 24 months after the date of enactment ‘‘(A) 2 percent for model year 2007. under another provision of this section shall of the Energy Policy Act of 2002. ‘‘(B) 4 percent for model year 2008. apply to pickup trucks.’’. ‘‘(4) DEFAULT STANDARD.—If the regula- ‘‘(C) 6 percent for model year 2009. (b) DEFINITION OF PICKUP TRUCK.—Section tions required by paragraph (1) are not pro- ‘‘(D) 8 percent for model year 2010. 32901(a) of such title is amended by adding at mulgated in final form within the period re- ‘‘(E) 10 percent for model year 2011 and the end the following new paragraph: quired by paragraph (3), then the combined thereafter.’’. ‘‘(17) ‘pickup truck’ has the meaning given average fuel economy standard for passenger (c) NO CARRYBACK OF CREDITS.—Section that term in regulations prescribed by the automobiles and light trucks beginning with 32903(a) of title 49, United States Code, is Secretary for the administration of this model year 2011 is 30 miles per gallon. This amended— chapter, as in effect on January 1, 2002, ex- paragraph does not supersede the standard (1) by striking ‘‘applied to—’’ and inserting cept that such term shall also include any required by paragraph (1) for model year ‘‘applied—’’; additional vehicle that the Secretary defines 2015.’’; (2) by inserting ‘‘for model years before as a pickup truck in regulations prescribed (4) by striking ‘‘the standard’’ in sub- model year 2007, to’’ in paragraph (1) before for the administration of this chapter after section (c)(1) and inserting ‘‘a standard’’; ‘‘any’’; such date.’’. (5) by striking the first and last sentences (3) by striking ‘‘and’’ after the semicolon is of subsection (c)(2); and paragraph (1); SA 2999. Mr. KERRY (for himself, Mr. (6) by striking ‘‘(and submit the amend- (4) by striking ‘‘earned.’’ in paragraph (2) MCCAIN, Ms. SNOWE, Mr. SMITH of Or- ment to Congress when required under sub- and inserting ‘‘earned; and ’’; and

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1860 CONGRESSIONAL RECORD — SENATE March 13, 2002 (5) by adding at the end the following: of 2002, the Secretary of Transportation, drivers under average driving conditions in ‘‘(3) for model years after 2006, in accord- through the National Highway Traffic Safety the United States, which may be obtained ance with the vehicle credit trading system Administration, shall prescribe a motor ve- through a survey of current vehicle owners; established under subsection (g), to any of hicle safety standard under this chapter for and the 3 consecutive model years immediately rollover crashworthiness standards that in- (2) an assessment of the extent to which after the model year for which the credit was cludes— fuel economy deteriorates during the life of earned.’’. ‘’(1) dynamic roof crush standards; such passenger automobiles and light trucks. SEC. 803. STUDY OF TIER 2 STANDARDS. ‘‘(2) improved seat structure and safety (b) REPORT.—The Administrator shall, (a) STUDY.—Not later than 6 months after belt design; within 12 months after the date of enactment the date of enactment of this Act, the Ad- ‘‘(3) side impact head protection airbags; of this Act and annually thereafter, submit ministrator of the Environmental Protection and to the Committee on Commerce, Science, Agency shall, in consultation with the Sec- ‘‘(4) roof injury protection measures. and Transportation of the Senate and the retary of Energy and the Secretary of Trans- ‘‘(b) HEAVY VEHICLE HARM REDUCTION COM- Committee on Commerce and Energy of the portation, commence a study to analyze the PATIBILITY STANDARD. House of Representatives a report on the re- regulations regarding motor vehicle emis- ‘‘(1) INITIAL STANDARD.—Within 3 years sults of the study required by subsection (a) sion standards and gasoline sulfur control re- after the date of enactment of the Energy of this section. The report shall include— quirements promulgated on May 13, 1999, (40 Policy Act of 2002, the Secretary, through (1) a comparison between— CFR Parts 80, 85, and 86) to determine wheth- the National Highway Traffic Safety Admin- (A) fuel economy measured, for each model er those regulations allow optimization of istration, shall prescribe a motor vehicle in the applicable model year, through testing motor vehicle fuel efficiency and promote safety standard under this chapter that will procedures in effect as of the date of enact- greenhouse gas emission reductions in the reduce the aggressitivity of light trucks by ment of this Act; and new vehicle fleet. The study shall include an 33 percent, using a baseline model year of (B) fuel economy of such passenger auto- examination of the extent to which the bin 2002 and will improve vehicle compatibility mobiles and light trucks during actual on- structure created by those regulations may in collisions between light trucks and cars, road performance, as determined under sub- deter manufacturers from developing and in order to protect against unnecessary section (a); producing covered vehicles, including those death and injury.’’. (2) a statement of the percentage dif- using compression ignition engines, that are ‘‘(2) 5-YEAR REVIEW.—The section should ference, if any, between actual on-road fuel more fuel efficient and will promote greater review the effectiveness of this standard economy and fuel economy measured by test greenhouse gas emission reductions than ve- every 5 years following final issuance of the procedures of the Environmental Protection hicles that would otherwise be produced. In standard and shall issue, through the Na- Administration; and addition, the study shall include an examina- tional Highway Traffic Safety Administra- (3) any recommendations for legislative or tion of the extent to which biofuels can con- tion, upgrades to the standard to reduce fa- other action. tribute to meeting vehicle emission stand- talities and injuries related to vehicle com- SEC. 809. FUEL ECONOMY LABELS. ards for covered vehicles. patibility and light truck aggressitivity.’’. Section 32908 of title 49, United States (b) REPORT.—Not later than 18 months ‘‘(c) CONFORMING AMENDMENT.—The chap- Code, is amended— after the date of enactment of this Act, the ter analysis for chapter 301 of title 49, United (1) by striking ‘‘title.’’ in subsection (a)(1) Administrator shall submit the report on the States Code, is amended by inserting after and inserting ‘‘title, and a light truck (as de- results of the study to the Committee on the item relating to section 30217 the fol- fined in section 32901(17) after model year Commerce, Science, and Technology, and the lowing: 2007; and’’; Committee on Environment and Public ‘‘30128. Improved crashworthiness’’. (2) by redesignating subparagraph (F) of subsection (b)(1) as subparagraph (II), and in- Works of the Senate and the Committee on SEC. 807. SAFETY RATING LABELS. serting after subparagraph (E) the following: Energy and Commerce of the House of Rep- Section 32302 of title 49, United States ‘‘(F) a label (or a logo imprinted on a label resentatives. The report shall contain rec- Code, is amended— ommendations for any legislative or regu- required by this paragraph) that— (1) by redesignating paragraphs (3) and (4) ‘‘(i) reflects an automobile’s performance latory action the Administrator proposes if of subsection (a) as paragraphs (4) and (5), re- the Administrator determines such act on the basis of criteria developed by the Ad- spectively; ministrator to reflect the fuel economy and would encourage improvements in vehicle (2) by inserting after paragraph (2) of sub- fuel efficiency, reduce greenhouse gas emis- greenhouse gas and other emissions con- section (a) the following: sequences of operating the automobile over sions from the new vehicle fleet, and main- ‘‘(3) overall safety of the driver and pas- its likely useful life; tain or improve the new vehicle fleet’s emis- sengers of the vehicle in a collision.’’; and sions reductions projected to occur from im- ‘‘(ii) is easily understandable and permits (3) by striking subsection (b) and inserting consumers to compare performance results plementation of the regulations referred to the following: in subsection (a). under clause (i) among all passenger auto- ‘‘(b) MOTOR VEHICLE SAFETY INFORMATION. mobiles and light duty trucks (as defined in SEC. 804. ELIMINATION OF 2-FLEET RULE. ‘‘(1) IN GENERAL.—In carrying out sub- section 32901), and in the vehicles in the ve- (a) IN GENERAL.—Section 39204 of title 49, section (a), the Secretary shall establish test hicle class to which it belongs; and United States Code, is amended— criteria for use by manufacturers in deter- ‘‘(ii) is designed to encourage the manufac- (1) by striking subsection (b); and mining crashworthiness and the overall safe- (2) by redesignating subsections (c) ture and sale of passenger automobiles and ty of vehicles for drivers and passengers. light trucks that meet or exceed applicable through (e) as subsections (b) through (d), re- ‘‘(2) PRESENTATION OF DATA.—The Sec- spectively. fuel economy standards under section 32902. retary shall prescribe a system for pre- ‘‘(G) a fuelstar under paragraph (5).’’; and (b) EFFECTIVE DATE.—The amendments senting information developed under para- ‘‘(3) by adding at the end of subsection (b) made by subsection (a) shall apply to model graphs (1) through (3) of subsection (a) to the years 2007 and later. the following: public in a simple and understandable form ‘‘(4) LABEL PROGRAM. SEC. 805. ELIMINATION OF DUAL FUEL CREDIT. that facilitates comparison among the ‘‘(A) MARKETING ANALYSIS.—Within 2 years Section 32905 of title 49, United States makes and models of passenger motor vehi- after the date of enactment of the Energy Code, is repealed. cles. Policy Act of 2002, the Administrator shall SEC. 806. ENSURING SAFETY OF PASSENGER ‘‘(3) LABEL REQUIREMENT.—Each manufac- complete a study of social marketing strate- AUTOMOBILES AND LIGHT TRUCKS. turer of a new passenger motor vehicle (as gies with the goal of maximing consumer un- (a) IN GENERAL.—The Secretary of Trans- defined in section 32304(a)(8)) manufactured derstanding of point-of-sale labels or logos portation shall exercise such authority after September 30, 2005, and distributed in described in paragraph (1)(F). under Federal law as the Secretary may have commerce for sale in the United States shall ‘‘(B) CRITERIA.—In developing criteria for to ensure that— cause the information required by paragraph the label or logo, the Administrator shall (1) passenger automobiles and light trucks (2) to appear on, or adjacent to, the label re- also consider, among others as appropriate, (as those terms are defined in section 32901 of quired by section 3 of the Automobile Infor- the following factors: title 49, United States Code) are safe; mation Disclosure Act (15 U.S.C. 1232(b).’’. ‘‘(i) The recyclability of the automobile. (2) progress is made in improving the over- SEC. 808. FUEL ECONOMY TRUTH-IN-TESTING ‘‘(ii) Any other pollutants or harmful by- all safety of passenger automobiles and light STUDY. products related to the automobile, which trucks; and (a) IN GENERAL.—The Administrator of the may include those generated during manu- (3) progress is made in maximizing United Environmental Protection Agency shall con- facture of the automobile, those issued dur- States employment. duct— ing use of the automobile, or those generated (b) IMPROVED CRASHWORTHINESS.—Sub- (1) an ongoing examination of the accuracy after the automobile ceases to be operated. chapter II of chapter 301 of title 49, United of fuel economy testing of passenger auto- ‘‘(5) FUELSTAR PROGRAM. States Code, is amended by adding at the end mobiles and light trucks in accordance with ‘‘The Secretary, in consultation with the the following: procedures in effect as of the date of enact- Administrator, shall establish a program, to ‘‘§ 30128. Improved crashworthiness ment of this Act, as compared to the actual be known as the ‘fuelstar’ program, under ‘‘(a) ROLLOVERS.—Within 3 years after the performance of such passenger automobiles which stars shall be imprinted on or at- date of enactment of the Energy Policy Act and light trucks when driven by average tached to the label required by paragraph (1)

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that will, consistent with the findings of the State may, for the purpose of promoting en- ‘‘(3) ELIGIBLE MANUFACTURER.—In this sec- marketing analysis required under para- ergy conservation, permit a vehicle with tion the term ‘eligible manufacturer’ means graph (4)(A), provide consumer incentives to fewer than the otherwise required number of a passenger automobile or light truck manu- purchase vehicles that exceed the applicable occupants to operate in high occupancy vehi- facturer that— fuel economy standard. cle lanes if it is a hybrid vehicle or is cer- ‘‘(A) sold in the United States fewer than SEC. 810. SECRETARY OF TRANSPORTATION TO tified by the Secretary of Transportation, 0.5 percent of the combined number of pas- CERTIFY BENEFITS. after consultation with the Administrator of senger automobiles and light trucks sold in Beginning with model year 2007, the Sec- the Environmental Protection Agency, to be the United States in the model year 2 years retary of Transportation, in consultation a vehicle that runs only on an alterative before the model year to which the applica- with the Administrator of the Environ- fuel. tion relates; and mental Protection Agency, shall determine (b) HYBRID VEHICLE DEFINED.—In this sec- ‘‘(B) will sell in the United States fewer and certify annually to the Congress— tion, the term ‘‘hybrid vehicle’’ means a than 0.5 percent of the combined number of (1) the annual reduction in United States motor vehicle— passenger automobiles and light trucks sold consumption of petroleum used for vehicle (1) which— in the United States for the model year for fuel, and (A) draws propulsion energy from onboard which the alternative average fuel economy (2) the annual reduction in greenhouse gas sources of stored energy which are both— standard will apply.’’; emissions, (i) an internal combustion or beat engine (3) by inserting ‘‘IMPORTERS.—’’ before properly attributable to the implementation using combustible fuel; and ‘‘Notwithstanding’’ in paragraph (4), as re- of the average fuel economy standards im- (ii) a rechargeable energy storage system; designated; (4) by striking ‘‘be exempted’’ in paragraph posed under section 32902 of title 49, United or (4), as redesignated, and inserting ‘‘not apply States Code, as a result of the amendments (B) recovers kinetic energy through regen- for an alternative average fuel economy made by this Act. erative braking and provides at least 13 per- standard’’; SEC. 811. DEPARTMENT OF TRANSPORTATION cent maximum power from the electrical (5) by inserting ‘‘APPLICATION.—’’ in para- ENGINEERING AWARD PROGRAM. storage device; (2) which, in the case of a passenger auto- graph (5), as redesignated, before ‘‘The’’; and (a) ENGINEERING TEAM AWARDS.—The Sec- (6) by striking ‘‘exemption.’’ in paragraph retary of Transportation shall establish an mobile or light truck— (A) for 2002 and later model vehicles, has (5), as redesignated, and inserting ‘‘alter- engineering award program to recognize the native average fuel economy standard.’’. engineering team of any manufacturer of received a certificate of conformity under PART II—MARKET-BASED INITIATIVES passenger automobiles or light trucks (as section 206 of the Clean Air Act (42 U.S.C. FOR GREENHOUSE GAS REDUCTION such terms are defined in section 32901 of 7525) and meets or exceeds the equivalent title 49, United States Code) whose work di- qualifying California low emission vehicle SEC. 821. MARKET-BASED INITIATIVES. rectly results in production models of— standard under section 243(e)(2) of the Clean (a) ESTABLISHMENT OF REGISTRY FOR VOL- (1) the first large sport utility vehicle, van, Air Act (42 U.S.C. 7583(c)(2)) for that make UNTARY TRADING SYSTEMS.—The Secretary of or light truck to achieve a fuel economy rat- and model year; and Commerce, through the Undersecretary for ing of 30 miles per gallon under section 32902 (B) for 2004 and later model vehicles, has Technology, shall establish a national reg- of such title; and received a certificate that such vehicle istry system for greenhouse gas emission re- (2) the first mid-sized sport utility vehicle, meets the Tier II emission level established duction trading among entities under which van, or light truck to achieve a fuel economy in regulations prescribed by the Adminis- emission reductions from the applicable rating of 35 miles per gallon under section trator of the Environmental Protection baseline are assigned unique identifying nu- 32902 of such title. Agency under section 202(i) of the Clean Air merical codes by the registry. Participation (b) REQUIREMENTS FOR PARTICIPATION IN Act (42 U.S.C. 7521(i)) for that make and in the registry is voluntary. Any entity con- ENGINEERING TEAM AWARDS PROGRAM.—In es- model year vehicle; and (3) which is made by ducting business in the United States may tablishing the engineering team awards pro- a manufacturer. register its emission results, including emis- gram under subsection (a), the Secretary (c) ALTERNATIVE FUEL DEFINED.—In this sions generated outside of the United States, shall establish eligibility requirements that section the term ‘‘alternative fuel’’ has the on an entity-wide basis with the registry, include— meaning such term has under section 301(2) and may utilize the services of the registry. (1) a requirement that the vehicle, van, or of the Energy Policy Act of 1992 (42 U.S.C. (b) PURPOSES.—The purposes of the na- truck be domestically-manufactured or 13211(2)). tional registry are— manufacturable (if a prototype) within the SEC. 813. ALTERNATIVE FUEL ECONOMY STAND- (1) to encourage voluntary actions to re- meaning of section 32903 of title 49, United ARD FOR LOW VOLUME MANUFAC- duce greenhouse gas emissions and increase States Code; TURERS AND NEW ENTRANTS. energy efficiency, including increasing the (2) a requirement that the vehicle, van, or Section 32902(d) of title 49, United States fuel economy of passenger automobiles and truck meet all applicable Federal standards Code, is amended— light trucks and reducing the reliance by for emissions and safety (except that crash (1) by redesignating paragraphs (3) and (4) United States markets on petroleum pro- testing shall not be required for a proto- as paragraphs (4) and (5), respectively; duced outside the United States used to pro- type); and (2) by striking so much thereof as precedes vide vehicular fuel; (3) such additional requirements as the paragraph (4), as redesignated, and inserting (2) to enable participating entities to Secretary may require in order to carry out the following: record voluntary greenhouse gas emissions the program. ‘‘(d) ALTERNATIVE AVERAGE FUEL ECONOMY reductions; in a consistent format that is (c) AMOUNT OF PRIZE.—The Secretary shall STANDARD.— supported by third party verification; award a prize of not less than $30,000 to each ‘‘(1) IN GENERAL.—Upon application by an (3) to encourage participants involved in engineering team determined by the Sec- eligible manufacturer, the Secretary of existing partnerships to be able to trade retary to have successfully met the require- Transportation may prescribe an alternative emissions reductions among partnerships; ments of paragraph (1) or (2) of subsection average fuel economy standard for passenger (4) to further recognize, publicize, and pro- (a). The Secretary shall provide for recogni- automobiles and light trucks manufactured mote registrants making voluntary and tion of any manufacturer to have not the re- by that manufacturer if the Secretary finds mandatory reductions; quirements of subsection (b) with appro- that— (5) to recruit more participants in the pro- priate ceremonies and activities, and may ‘‘(A) the applicable standard prescribed gram; and (6) to help various entities in the nation es- provide a monetary award in an amount de- under subsection (a), (b), or (c) of this sec- tablish emissions baselines. termined by the Secretary to be appropriate. tion is more stringent than the maximum (c) FUNCTIONS.—The national registry shall (d) MANUFACTURER’S AWARD.—The Sec- feasible average fuel economy level the man- carry out the following functions: retary of Transportation shall also establish ufacturer can achieve; and (1) REFERRALS.—Provide referrals to ap- an Old Independence Award to recognize the ‘‘(B) the alternative average fuel economy proved providers for advice on— first manufacturer of domestically-manufac- standard prescribed under this subsection is (A) designing programs to establish emis- tured (within the meaning of section 32903 of the maximum feasible average fuel economy sions baselines and to monitor and track title 49, United States Code) passenger auto- level that manufacturer can achieve. greenhouse gas emissions; and mobiles and light trucks to achieve a com- ‘‘(2) APPLICATION OF ALTERNATIVE STAND- (B) establishing emissions reduction goals bined fuel economy rating of 36 miles per ARD.—The Secretary may provide for the ap- based on international best practices for spe- gallon under section 32902 of such title. plication of an alternative average fuel econ- cific industries and economic sectors. (e) AUTHORIZATION OF APPROPRIATIONS.— omy standard prescribed under paragraph (1) (2) UNIFORM REPORTING FORMAT.—Adopt a There are authorized to be appropriated to to— uniform format for reporting emissions base- the Secretary of Transportation such sums ‘‘(A) the manufacturer that applied for the lines and reductions established through— as may be necessary to carry out this sec- alternative average fuel economy standard; (A) the Director of the National Institute tion. ‘‘(B) all passenger automobiles to which of Standards and Technology for greenhouse SEC. 812. HIGH OCCUPANCY VEHICLE EXCEP- this subsection applies; or gas baselines and reductions generally; and TION. ‘‘(C) classes of passenger automobiles or (B) the Secretary of Transportation for (a) IN GENERAL.—Notwithstanding section light trucks manufactured by eligible manu- credits under section 32903 of title 49, United 102(a)(1) of title 23, United States Code, a facturers. States Code.

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(3) RECORD MAINTENANCE.—Maintain a (2) promulgate— (B) forest preservation and re-forestation record of all emission baselines and reduc- (A) standards for certification of registries activities which adequately address the tions verified by qualified independent audi- and operation of certified registries; and issues of permanence, leakage and tors. (B) standards for measurement, verification; and (4) ENCOURAGE PARTICIPATION.—Encourage verification, and recording of greenhouse gas (7) such other measurement, verification, organizations from various sectors to mon- emissions and greenhouse gas emission re- and recording standards as the panel deter- itor emissions, establish baselines and reduc- ductions by certified registries; mines to be appropriate. tion targets, and implement efficiency im- (3) maintain, and make available to the (g) CERTIFICATION OF REGISTRIES.—Except provement and renewable energy programs public, a list of certified registries; and as provided in subsection (h), a registrant to achieve those targets. (4) issue rulemakings on standards for that desires to be a certified registry shall (5) PUBLIC AWARENESS.—Recognize, pub- measuring, verifying, and recording green- submit to the panel an application that— licize, and promote participants that— house gas emissions and greenhouse gas (1) demonstrates that the registrant meets (A) commit to monitor their emissions and emission reductions proposed to the panel by each of the certification standards estab- set reduction targets; certified registries, through a standard proc- lished by the panel under subsections (d) and (B) establish emission baselines; and ess of issuing a proposed rule, taking public (e); and (C) report on the amount of progress made comment for no less than 30 days, then final- (2) meets such other requirements as the on their annual emissions. izing regulations to implement this Act, panel may establish. UTOMOBILE NDUSTRY (d) TRANSFER OF REDUCTIONS.—The reg- which will provide for recognizing new forms (h) A I .—The Secretary istry shall— of acceptable greenhouse gas reduction cer- of Transportation is deemed to be the cer- (1) allow for the transfer of ownership of tification procedures. tified registrant for credits earned under sec- any reductions realized in accordance with (e) CERTIFICATION AND OPERATION STAND- tion 32903 of title 49, United States Code. (i) ANNUAL REPORT.—Within 1 year after the program; and ARDS.—The standards promulgated by the (2) require that the registry be notified of panel shall include— the date of enactment of this Act and bienni- ally thereafter, the panel shall report to the any such transfer within 30 days after the (1) standards for ensuring the certified reg- Congress on the status of the program estab- transfer is effected. istries do not have any conflicts of interest, lished under this section. The report shall in- (e) FUTURE CONSIDERATIONS.—Any reduc- including standards that prohibit a certified clude an assessment of the level of participa- tions achieved under this program shall be registry from— tion in the program and amount of progress credited against any future mandatory (A) owning greenhouse gas emission reduc- being made on emission reduction targets. greenhouse gas reductions required by the tions recorded in any certified registry; or government. Final approval of the amount (B) receiving compensation in the form of SEC. 823. DEFINITIONS. and value of credits shall be determined by a commission where sources receive money In this part: (1) GREENHOUSE GAS.—The term ‘‘green- the agency responsible for the implementa- for the total number of tons certified; house gas’’ includes— tion of the mandatory greenhouse gas emis- (2) standards for authorizing certified reg- istries to enter into agreements with for- (A) carbon dioxide; sion reduction program, except that credits (B) methane; under section 32903 of title 49, United States profit persons engaged in trading of green- (C) hydro fluorocarbons; Code, shall be determined by the Secretary house gas emission reductions, subject of (D) perfluorocarbons; of Transportation. The Secretary of Com- paragraph (1); and (E) nitrous oxide; and merce shall by rule establish an appeals (3) such other standards for certification of (F) sulfur hexafluoride. process, that may incorporate an arbitration registries and operation of certified reg- (2) BASELINE.—The term ‘‘baseline’’ option, for resolving any dispute arising out istries as the panel determines to be appro- means— of such a determination made by that agen- priate. (A) the greenhouse gas emissions, deter- cy. (f) MEASUREMENT, VERIFICATION, AND RE- mined on an entity-wide basis for the par- CORDING STANDARDS.—The standards promul- (f) CAFE STANDARDS CREDITS.—The Sec- ticipant’s most recent previous 3-year an- retary of Transportation shall work with the gated by the panel shall provide for, in the nual average of greenhouse gas emissions Secretary of Commerce and the imple- case of certified registries— prior to the date of enactment of this Act; or (1) ensuring that certified registries accu- (B) if data is unavailable for that 3-year pe- menting panel established by section 822 to rately measure, verify, and record green- riod, the greenhouse gas emissions as of Sep- determine the equivalency of credits earned house gas emissions and greenhouse gas tember 30, 2002, (or as close to that date as under section 32903 of title 49, United States emission reductions, taking into account— such emission levels can reasonably be deter- Code, for inclusion in the registry. The Sec- (A) boundary issues such as leakage and mined). In promulgating regulations under retary shall by rule establish an appeals shifted utilization; and this part, the panel shall take into account process, that may incorporate an arbitration (B) such other factors as the panel deter- greenhouse gas emission reductions or off- option, for resolving any dispute arising out mines to be appropriate; setting actions taken by any entity before of such a determination. (2) ensuring that— the date on which the registry is established. SEC. 822. IMPLEMENTING PANEL. (A) certified registries do not double-count (3) CERTIFIED REGISTRY.—The term ‘‘cer- (a) ESTABLISHMENT.—There is established greenhouse gas emission reductions; and tified registry’’ means a registry that has within the Department of Commerce an im- (B) if greenhouse gas emission reductions been certified by the panel as meeting the plementing panel. are recorded in more than 1 certified reg- standards promulgated under section 821(e) (b) COMPOSITION.—The panel shall consist istry, such double-recording is clearly indi- and (f) and, for the automobile industry, the of— cated; Secretary of Transportation. (1) the Secretary of Commerce or the Sec- (3) determining the ownership of green- (4) GREENHOUSE GAS EMISSIONS.—The term retary’s designee, who shall serve as Chair- house gas emission reductions and recording ‘‘greenhouse gas emissions’’ means the quan- person; and tracking the transfer of greenhouse gas tity of greenhouse gases emitted by a source (2) the Secretary of Transportation or the emission reductions among entities (such as during a period, measured in tons of green- Secretary’s designee; and through assignment of serial numbers to house gases. (3) 1 expert in the field of greenhouse gas greenhouse gas emission reductions); (5) GREENHOUSE GAS EMISSION REDUCTION.— emissions reduction, certification, or trading (4) measuring the results of the use of car- The term ‘‘greenhouse gas emission reduc- from each of the following agencies— bon sequestration and carbon recapture tech- tion’’ means a quantity equal to the dif- (A) the Department of Energy; nologies; ference between— (B) the Environmental Protection Agency; (5) measuring greenhouse gas emission re- (A) the greenhouse gas emissions of a (C) the Department of Agriculture; ductions resulting from improvements in— source during a period; and (D) the National Aeronautics and Space (A) power plants; (B) the greenhouse gas emissions of the Administration; (B) automobiles (including types of pas- source during a baseline period of the same (E) the Department of Commerce; and senger automobiles and light trucks, as de- duration as determined by registries and en- (F) the Department of Transportation. fined in section 32901(a)(16) and (17) respec- tities defined as owners of emission sources. (c) EXPERTS AND CONSULTANTS.—Any mem- tively, produced in the same model year); (6) KYOTO PROTOCOL.—The term ‘‘Kyoto ber of the panel may secure the services of (C) carbon re-capture, storage and seques- protocol’’ means the Kyoto Protocol to the experts and consultants in accordance with tration, including organic sequestration and United Nations Framework Convention on the provisions of section 3109 of title 5, manufactured emissions injection, and or Climate Change (including the Montreal Pro- United States Code, for greenhouse gas re- storage; and tocol to the Convention on Substances that duction, certification, and trading experts in (D) other sources; Deplete the Ozone Layer). the private and nonprofit sectors and may (6) measuring prevented greenhouse gas (7) PANEL.—The term ‘‘panel’’ means the also utilize any grant, contract, cooperative emissions through the rulemaking process implementing panel established by section agreement, or other arrangement authorized and based on the latest scientific data, sam- 822(a). by law to carry out its activities under this pling, expert analysis related to measure- (8) REGISTRANT.—The term ‘‘registrant’’ subsection. ment and projections for prevented green- means a private person that operates a data- (d) DUTIES.—The panel shall— house gas emissions in tons including— base recording quantified and verified green- (1) implement and oversee the implementa- (A) organic soil carbon sequestration prac- house gas emissions and emissions reduc- tion of this section; tices; tions of sources owned by other entities.

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(9) SOURCE.—The term ‘‘source’’ means a of transactions, or specify criteria for trans- Commission rules that require public utili- source of greenhouse gas emissions. actions, that normally meet the standards ties to offer open access transmission serv- established in paragraph (4), and shall re- ices and that are not unduly discriminatory SA 3000. Mr. THOMAS (for himself, quire the Commission to grant or deny an or preferential. Mr. BINGAMAN, and Mr. MURKOWSKI) application for approval of a transaction of ‘‘(2) The Commission shall exempt from proposed an amendment to amendment such type within 90 days after the conclusion any rule or order under this subsection any unregulated transmitting utility that— SA 2917 proposed by Mr. DASCHLE (for of the hearing or opportunity to comment under paragraph (4). If the Commission does ‘‘(A) sells no more than 4,000,000 megawatt himself and Mr. BINGAMAN) to the bill not act within 90 days, such application shall hours of electricity per year; (S. 517) to authorize funding the De- be deemed granted unless the Commission ‘‘(B) does not own or operate any trans- partment of Energy to enhance its mis- finds that further consideration is required mission facilities that are necessary for op- sion areas through technology transfer to determine whether the proposed trans- erating an interconnected transmission sys- and partnerships for fiscal years 2002 action meets the standards of paragraph (4) tem (or any portion thereof), or through 2006, and for other purposes; as and issues one or more orders tolling the ‘‘(C) meets other criteria the Commission follows: time for acting on the application for an ad- determines to be in the public interest. ‘‘(3) The rate changing procedures applica- On page 14, strike line 3 and all that fol- ditional 90 days. ‘‘(6) For purposes of this subsection, the ble to public utilities under subsections (c) lows through page 21, line 15, and insert the terms ‘associate company’, ‘electric utility and (d) of section 205 are applicable to un- following: company’, ‘gas utility company’, ‘holding regulated transmitting utilities for purposes SEC. 202. ELECTRIC UTILITY MERGERS. company’, and ‘holding company system’ of this section. Section 203(a) of the Federal Power Act (16 have the meaning given those terms in the ‘‘(4) In exercising its authority under para- U.S.C. 824b) is amended to read as follows: Public Utility Holding Company Act of graph (1), the Commission may remand ‘‘(a)(1) No public utility shall, without first 2002.’’. transmission rates to an unregulated trans- having secured an order of the Commission mitting utility for review and revision where SEC. 203. MARKET-BASED RATES. authorizing it to do so— necessary to meet the requirements of para- (a) APPROVAL OF MARKET-BASED RATES.— ‘‘(A) sell, lease, or otherwise dispose of the graph (1). Section 205 of the Federal Power Act (16 whole of its facilities subject to the jurisdic- ‘‘(5) The provision of transmission services U.S.C. 824d) is amended by adding at the end tion of the Commission, or any part thereof under paragraph (1) does not preclude a re- of the following: of a value in excess of $10,000,000, quest for transmission services under section ‘‘(h) The Commission may determine ‘‘(B) merge or consolidate, directly or indi- 211. whether a market-based rate for the sale of rectly, such facilities or any part thereof ‘‘(6) The Commission may not require a electric energy subject to the jurisdiction of with the facilities of any other person, by State or municipality to take action under the Commission is just and reasonable and any means whatsoever, this section that constitutes a private busi- not unduly discriminatory or preferential. In ‘‘(C) purchase, acquire, or take any secu- ness use for purposes of section 141 of the In- making such determination, the Commission rity of any other public utility, or ternal Revenue Code of 1986 (26 U.S.C. 141). ‘‘(D) purchase, lease, or otherwise acquire shall consider such factors as the Commis- ‘‘(7) For purposes of this subsection, the existing facilities for the generation of elec- sion may deem to be appropriate and in the term ‘unregulated transmitting utility’ tric energy unless such facilities will be used public interest, including to the extent the means an entity that— exclusively for the sale of electric energy at Commission considers relevant to the whole- ‘‘(A) owns or operates facilities used for retail. sale power market— the transmission of electric energy in inter- ‘‘(2) No holding company in a holding com- ‘‘(1) market power; state commerce, and ‘‘(2) the nature of the market and its re- pany system that includes a transmitting ‘‘(B) is either an entity described in section sponse mechanisms; and utility or an electric utility company shall 201(f) or a rural electric cooperative.’’. ‘‘(3) reserve margins.’’. purchase, acquire, or take any security of, SEC. 206. ELECTRIC RELIABILITY STANDARDS. (b) REVOCATION OF MARKET-BASED RATES.— or, by any means whatsoever, directly or in- Section 206 of the Federal Power Act (16 directly, merge or consolidate with a trans- U.S.C. 824e) is amended by adding at the end SA 3001. Mr. THOMAS (for himself, mitting utility, an electric utility company, the following: Mr. BINGAMAN, and Mr. MURKOWSKI) a gas utility company, or a holding company ‘‘(f) Whenever the Commission, after a proposed an amendment to amendment in a holding company system that includes a hearing had upon its own motion or upon SA 2917 proposed by Mr. DASCHLE (for transmitting utility, an electric utility com- complaint, finds that a rate charged by a pany, or a gas utility company, without first himself and Mr. BINGAMAN) to the bill public utility authorized to charge a market- (S. 517) to authorize funding the De- having secured an order of the Commission based rate under section 205 is unjust, unrea- authorizing it to do so. sonable, unduly discriminatory or pref- partment of Energy to enhance its mis- ‘‘(3) Upon application for such approval the erential, the Commission shall determine sion areas through technology transfer Commission shall give reasonable notice in the just and reasonable rate and fix the same and partnerships for fiscal years 2002 writing to the Governor and State commis- by order.’’. through 2006, and for other purposes; as sion of each of the States in which the phys- SEC. 204. REFUND EFFECTIVE DATE. follows: ical property affected, or any part thereof, is Section 206(b) of the Federal Power Act (16 situated, and to such other persons as it may On page 24, strike line 1 and all that fol- U.S.C. 824e(b)) is amended by— deem advisable. lows through page 27, line 20 and insert the (1) striking ‘‘the date 60 days after the fil- ‘‘(4) After notice and opportunity for hear- following: ing of such complaint nor later than 5 ing, the Commission shall approve the pro- SEC. 207. MARKET TRANSPARENCY RULES. months after the expiration of such 60-day posed disposition, consolidation, acquisition, Part II of the Federal Power Act is further period’’ in the second sentence and inserting or control, if it finds that the proposed amended by adding at the end the following: ‘‘the date of the filing of such complaint nor transaction— ‘‘SEC. 216. MARKET TRANSPARENCY RULES. later than 5 months after the filing of such ‘‘(A) will be consistent with the public in- ‘‘(a) COMMISSION RULES.—Not later than 180 complaint’’; terest; days after the date of enactment of this sec- (2) striking ‘‘60 days after’’ in the third ‘‘(B) will not adversely affect the interests tion, the Commission shall issue rules estab- sentence and inserting ‘‘of’’; and of consumers of electric energy of any public lishing an electronic information system to (3) striking ‘‘expiration of such 60-day pe- utility that is a party to the transaction or provide information about the availability riod’’ in the third sentence and inserting is an associate company of any part to the and price of wholesale electric energy and ‘‘publication date’’. transaction; transmission services to the Commission, ‘‘(C) will not impair the ability of the Com- SEC. 205. OPEN ACCESS TRANSMISSION BY CER- state commissions, buyers and sellers of TAIN UTILITIES. mission or any State commission having ju- wholesale electric energy, users of trans- Part II of the Federal Power Act is further risdiction over any public utility that is a mission services, and the public on a timely amended by inserting after section 211 the party to the transaction or an associate basis. following: company of any party to the transaction to ‘‘(b) INFORMATION REQUIRED.—The Commis- protect the interests of consumers or the ‘‘OPEN ACCESS BY UNREGULATED TRANSMITTING sion shall require— public; and UTILITIES ‘‘(1) each regional transmission organiza- ‘‘(D) will not lead to cross-subsidization of ‘‘SEC. 211A. (1) Subject to section 212(h), tion to provide statistical information about associate companies or encumber any utility the Commission may, by rule or order, re- the available capacity and capacity of trans- assets for the benefit of an associate com- quire an unregulated transmitting utility to mission facilities operated by the organiza- pany. provide transmission services— tion; and ‘‘(5) The Commission shall, by rule, adopt ‘‘(A) at rates that are comparable to those ‘‘(2) each broker, exchange, or other mar- procedures for the expeditious consideration that the unregulated transmitting utility ket-making entity that matches offers to of applications for the approval of disposi- charges itself, and sell and offers to buy wholesale electric en- tions, consolidations, or acquisitions under ‘‘(B) on terms and conditions (not relating ergy in interstate commerce to provide sta- this section. Such rules shall identify classes to rates) that are comparable to those under tistical information about the amount and

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1864 CONGRESSIONAL RECORD — SENATE March 13, 2002 sale price of sales of electric energy at (S. 517) to authorize funding the De- partment of Energy to enhance its mis- wholesale in interstate commerce it trans- partment of Energy to enhance its mis- sion areas through technology transfer acts. sion areas through technology transfer and partnerships for fiscal years 2002 ‘‘(c) TIMELY BASIS.—The Commission shall and partnerships for fiscal years 2002 through 2006, and for other purposes; as require the information required under sub- section (b) to be posted on the Internet as through 2006, and for other purposes; as follows: soon as practicable and updated as fre- follows: On page 50, strike line 10 and all that fol- quently as practicable. On page 44, strike line 3 and all that fol- lows through page 54, line 10, and insert the ‘‘(d) PROTECTION OF SENSITIVE INFORMA- lows through page 45, line 12 and insert the following: TION.—The Commission shall exempt from following: SEC. 245. NET METERING. disclosure commercial or financial informa- SEC. 241. REAL-TIME PRICING AND TIME-OF-USE (a) ADOPTION OF STANDARD.—Section 111(d) tion that the Commission, by rule or order, METERING STANDARDS. of the Public Utility Regulatory Policies Act determines to be privileged, confidential, or (a) ADOPTION OF STANDARDS.—Section of 1978 (16 U.S.C. 2621(d)) is further amended otherwise sensitive.’’. 111(d) of the Public Utility Regulatory Poli- by adding at the end the following: SEC. 208. ACCESS TO TRANSMISSION BY INTER- cies Act of 1978 (16 U.S.C. 2621(d)) is amended ‘‘(13) NET METERING.—(A) Each electric MITTENT GENERATORS. by adding at the end the following: utility shall make available upon request net Part II of the Federal Power Act is further ‘‘(11) REAL-TIME PRICING.—(A) Each electric metering service to any electric consumer amended by adding at the end the following: utility shall, at the request of an electric that the electric utility serves. ‘‘SEC. 217. ACCESS TO TRANSMISSION BY INTER- consumer, provide electric service under a ‘‘(B) For purposes of implementing this MITTENT GENERATORS. real-time schedule, under which the rate paragraph, any reference contained in this ‘‘(a) FAIR TREATMENT OF INTERMITTENT charged by the electric utility varies by the section to the date of enactment of the Pub- GENERATORS.—The Commission shall ensure hour (or smaller time interval) according to lic Utility Regulatory Policies Act of 1978 that all transmitting utilities provide trans- changes in the electric utility’s wholesale shall be deemed to be a reference to the date mission service to intermittent generators in power cost. The real-time pricing service of enactment of this paragraph. a manner that does not unduly prejudice or shall enable the electric consumer to man- ‘‘(C) Notwithstanding subsections (b) and disadvantage such generators for character- age energy use and cost through real-time (c) of section 112, each State regulatory au- istics that are— metering and communications technology. thority shall consider and make a deter- ‘‘(1) inherent to intermittent energy re- ‘‘(B) For purposes of implementing this mination concerning whether it is appro- sources; and paragraph, any reference contained in this priate to implement the standard set out in ‘‘(2) are beyond the control of such genera- section to the date of enactment of the Pub- subparagraph (A) not later than one year tors. lic Utility Regulatory Policies Act of 1978 after the date of enactment of this para- graph. ‘‘(b) POLICIES.—The Commission shall en- shall be deemed to be a reference to the date (b) SPECIAL RULES FOR NET METERING.— sure that the requirement in subsection (a) of enactment of this paragraph. Section 115 of the Public Utility Regulatory is met by adopting such policies as it deems ‘‘(C) Notwithstanding subsections (b) and Policies Act of 1978 (16 U.S.C. 2625) is further appropriate which shall include the fol- (c) of section 112, each State regulatory au- amended by adding at the end the following: lowing: thority shall consider and make a deter- ‘‘(k) NET METERING.— ‘‘(1) Subject to the sole exception set forth mination concerning whether it is appro- ‘‘(1) RATES AND CHARGES.—An electric util- in paragraph (2), the Commission shall en- priate to implement the standard set out in subparagraph (A) not later than one year ity— sure that the rates transmitting utilities ‘‘(A) shall charge the owner or operator of charge intermittent generator customers for after the date of enactment of this para- graph. an on-site generating facility rates and transmission services do not unduly preju- charges that are identical to those that dice or disadvantage intermittent generator ‘‘(12) TIME-OF-USE METERING.—(A) Each electric utility shall, at the request of an would be charged other electric consumers of customers for scheduling deviations. the electric utility in the same rate class; ‘‘(2) The Commission may exempt a trans- electric consumer, provide electric service under a time-of-use rate schedule which en- and mitting utility from the requirement set ‘‘(B) shall not charge the owner or operator forth in paragraph (1) if the transmitting ables the electric consumer to manage every use and cost through time-of-use metering of an on-site generating facility any addi- utility demonstrates that scheduling devi- tional standby, capacity, interconnection, or ations by its intermittent generator cus- and technology. ‘‘(B) For purposes of implementing this other rate or charge. tomers are likely to have an adverse impact ‘‘(2) MEASUREMENT.—An electric utility on the reliability of the transmitting util- paragraph, any reference contained in this section to the date of enactment of the Pub- that sells electric energy to the owner or op- ity’s system. erator of an on-site generating facility shall ‘‘(3) The Commission shall ensure that to lic Utility Regulatory Policies Act of 1978 shall be deemed to be a reference to the date measure the quantity of electric energy pro- the extent any transmission charges recov- duced by the on-site facility and the quan- ering the transmitting utility’s embedded of enactment of this paragraph. ‘‘(C) Notwithstanding subsections (b) and tity of electric energy consumed by the costs are assessed to such intermittent gen- (c) of section 112, each State regulatory au- owner or operator of an on-site generating erators, they are assessed to such generators thority shall consider and make a deter- facility during a billing period in accordance on the basis of kilowatt-hours generated or mination concerning whether it is appro- with normal metering practices. some other method to ensure that they are priate to implement the standards set out in ‘‘(3) ELECTRIC ENERGY SUPPLIED EXCEEDING fully recovered by the transmitting utility. subparagraph (A) not later than one year ELECTRIC ENERGY GENERATED.—If the quan- ‘‘(4) The Commission shall require trans- after the date of enactment of this para- tity of electric energy sold by the electric mitting utilities to offer to intermittent graph.’’. utility to an on-site generating facility ex- generators, and may require transmitting (b) SPECIAL RULES.—Section 115 of the Pub- ceeds the quantity of electric energy sup- utilities to offer to all transmission cus- lic Utility Regulatory Policies Act of 1978 (16 plied by the on-site generating facility to the tomers, access to nonfirm transmission serv- U.S.C. 2625) is amended by adding at the end electric utility during the billing period, the ice. the following: electric utility may bill the owner or oper- ‘‘(c) DEFINITIONS.—As used in this section: ‘‘(i) REAL-TIME PRICING.—In a state that ator for the net quantity of electric energy ‘‘(1) The term ‘intermittent generator’ permits third-party marketers to sell elec- sold, in accordance with normal metering means a facility that generates electricity tric energy to retail electric consumers, the practices. using wind or solar energy and no other en- electric consumer shall be entitled to receive ‘‘(4) ELECTRIC ENERGY GENERATED EXCEED- ergy source. the same real-time metering and commu- ING ELECTRIC ENERGY SUPPLIED.—If the quan- ‘‘(2) The term ‘nonfirm transmission serv- nication service as a direct retail electric tity of electric energy supplied by the on-site ice’ means transmission service provided on consumer of the electric utility. generated facility to the electric utility ex- an ‘as available’ basis. ‘‘(j) TIME-OF-USE METERING.—In a state ceeds the quantity of electric energy sold by ‘‘(3) The term ‘scheduling deviation’ means that permits third-party marketers to sell the electric utility to the on-site generating delivery of more or less energy than has pre- electric energy to retail electric consumers, facility during the billing period— viously been forecast in a schedule sub- the electric consumer shall be entitled to re- ‘‘(A) the electric utility may bill the owner mitted by an intermittent generator to a ceive the same time-of-use metering and or operator of the on-site generating facility control area operator or transmitting util- communication service as a direct retail for the appropriate charges for the billing pe- ity.’’. electric consumer of the electric utility.’’. riod in accordance with paragraph (2); and SEC. 209. ENFORCEMENT. ‘‘(B) the owner or operator of the on-site SA 3003. Mr. THOMAS (for himself, generating facility shall be credited for the excess kilowatt-hours generated during the SA 3002. Mr. THOMAS (for himself, Mr. BINGAMAN, and Mr. MURKOWSKI) billing period, with the kilowatt-hour credit Mr. BINGAMAN, and Mr. MURKOWSKI) proposed an amendment to amendment appearing on the bill for the following billing proposed an amendment to amendment SA 2917 proposed by Mr. DASCHLE (for period. SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill ‘‘(5) SAFETY AND PERFORMANCE STAND- himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the De- ARDS.—An eligible on-site generating facility

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1865 and net metering system used by an electric total amount of electric energy the federal amendment intended to be proposed to consumer shall meet all applicable safety, government consumes during any fiscal amendment SA 2917 proposed by Mr. performance, reliability, and interconnec- year— DASCHLE (for himself and Mr. BINGA- tion standards established by the National (1) not less than 3 percent in fiscal years MAN) to the bill (S. 517) to authorize Electrical Code, the Institute of Electrical 2003 through 2004, and Electronics Engineers, and Underwriters (2) not less than 5 percent in fiscal years funding the Department of Energy to Laboratories. 2005 through 2009, and enhance its mission areas through ‘‘(6) ADDITIONAL CONTROL AND TESTING RE- (3) not less than 7.5 percent in fiscal year technology transfer and partnerships QUIREMENTS.—The Commission, after con- 2010 and each fiscal year thereafter— for fiscal years 2002 through 2006, and sultation with State regulatory authorities shall be renewable energy. The President shall encourage the use of innovative pur- for other purposes; which was ordered and nonregulated electric utilities and after chasing practices by federal agencies. to lie on the table; as follows: notice and opportunity for comment, may (2) DEFINITION.—For purposes of this sec- At the end of subtitle B of title VIII, add adopt, by rule, additional control and testing tion, the term ‘‘renewable energy’’ means the following: requirements for on-site generating facilities electric energy generated from solar, wind, and net metering systems that the Commis- SEC. 8ll. FEDERAL AGENCY ETHANOL-BLEND- biomass, geothermal, fuel cells, municipal ED GASOLINE AND BIODIESEL PUR- sion determines are necessary to protect solid waste, or additional hydroelectric gen- CHASING REQUIREMENT. public safety and system reliability. eration capacity achieved from increased ef- Title III of the Energy Policy Act of 1992 is ‘‘(7) DEFINITIONS.—For purposes of this sub- ficiency or additions of new capacity. amended by striking section 306 (42 U.S.C. section: (c) TRIBAL POWER GENERATION.—The Presi- 13215) and inserting the following: ‘‘(1) The term ‘eligible on-site generating dent shall seek to ensure that, to the extent facility’ means— ‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED economically feasible and technically prac- GASOLINE AND BIODIESEL PUR- ‘‘(A) a facility on the site of a residential ticable, not less than one-tenth of the CHASING REQUIREMENT. electric consumer with a maximum gener- amount specified in subsection (a) shall be ‘‘(a) ETHANOL-BLENDED GASOLINE.—The ating capacity of 500 kilowatts or less that is renewable energy that is generated by an In- head of each Federal agency shall ensure fueled solely by a renewable energy resource, dian tribe or by a corporation, partnership, that, in areas in which ethanol-blended gaso- landfill gas, or a high efficiency system. or business association which is wholly or line is available, the Federal agency pur- ‘‘(B) a facility on the site of a commercial majority owned, directly or indirectly, by an chases ethanol-blended gasoline containing electric consumer with a maximum gener- Indian tribe. For purposes of this subsection, at least 10 percent ethanol (or the highest ating capacity of 500 kilowatts or less that is the term ‘‘Indian tribe’’ means any Indian available percentage of ethanol), rather than fueled solely by a renewable energy resource, tribe, band, nation, or other organized group nonethanol-blended gasoline, for use in vehi- landfill gas, or a high efficiency system. or community, including any Alaska Native cles used by the agency. ‘‘(2) The term ‘renewable energy resource’ village or regional or village corporation as ‘‘(b) BIODIESEL.— means solar, wind, biomass, or geothermal defined in or established pursuant to the ‘‘(1) DEFINITION OF BIODIESEL.—In this sub- energy. Alaska Native Claims Settlement Act (43 section, the term ‘biodiesel’ has the meaning ‘‘(3) The term ‘high efficiency system’ U.S.C. 1601 et seq.), which is recognized as el- given the term in section 312(f). means fuel cells or combined heat and power. igible for the special programs and services ‘‘(2) REQUIREMENT.—The head of each Fed- ‘‘(4) The term ‘net metering service’ means provided by the United States to Indians be- eral agency shall ensure that the Federal service to an electric consumer under which cause of their status as Indians. agency purchases, for use in fueling fleet ve- electric energy generated by that electric (d) BIENNIAL REPORT.—In 2004 and every 2 hicles used by the Federal agency at the lo- consumer from an eligible on-site generating years thereafter, the Secretary of Energy cation at which fleet vehicles of the Federal facility and delivered to the local distribu- shall report to the Committee on Energy and agency are centrally fueled— tion facilities may be used to offset electric Natural Resources of the Senate and the ap- ‘‘(A) as of the date that is 5 years after the energy provided by the electric utility to the propriate committees of the House of Rep- date of enactment of this paragraph, bio- electric consumer during the applicable bill- resentatives on the progress of the federal diesel-blended diesel fuel that contains at ing period.’’. government in meeting the goals established least 2 percent biodiesel, rather than by this section. nonbiodiesel-blended diesel fuel; and SA 3004. Mr. THOMAS (for himself, ‘‘(B) as of the date that is 10 years after the Mr. BINGAMAN, and Mr. MURKOWSKI) SA 3006. Mr. THOMAS (for himself, date of enactment of this paragraph, bio- proposed an amendment to amendment Mr. BINGAMAN, and Mr. MURKOWSKI) diesel-blended diesel fuel that contains at SA 2917 proposed by Mr. DASCHLE (for proposed an amendment to amendment least 20 percent biodiesel, rather than himself and Mr. BINGAMAN) to the bill SA 2917 proposed by Mr. DASCHLE (for nonbiodiesel-blended diesel fuel.’’. (S. 517) to authorize funding the De- himself and Mr. BINGAMAN) to the bill partment of Energy to enhance its mis- (S. 517) to authorize funding the De- SA 3009. Mr. DOMENICI proposed an sion areas through technology transfer partment of Energy to enhance its mis- amendment to amendment SA 2917 pro- and partnerships for fiscal years 2002 sion areas through technology transfer posed by Mr. DASCHLE (for himself and through 2006, and for other purposes; as and partnerships for fiscal years 2002 Mr. BINGAMAN) to the bill (S. 517) to au- follows: through 2006, and for other purposes; as thorize funding the Department of En- ergy to enhance its mission areas On page 58, strike line 16 and all that fol- follows: lows through line 23 and insert the following: On page 2, strike the items relating to sec- through technology transfer and part- SEC. 256. STATE AUTHORITY. tions 205 through 210 and insert the fol- nerships for fiscal years 2002 through Nothing in this subtitle shall be construed lowing: 2006, and for other purposes; as follows: to preclude a State or State regulatory au- Sec. 205. Open access transmission by certain On page 123, after line 17, insert the fol- thority from prescribing and enforcing laws, utilities. lowing: rules, or procedures regarding the practices Sec. 206. Electric reliability standards. SEC. 514. OFFICE OF SPENT NUCLEAR FUEL RE- which are the subject of this section. Sec. 207. Market transparency rules. SEARCH. Sec. 208. Access to transmission by intermit- (a) FINDINGS.—Congress finds that— tent generators. (1) before the Federal Government takes SA 3005. Mr. THOMAS (for himself, Sec. 209. Enforcement. Mr. BINGAMAN, and Mr. MURKOWSKI) any irreversible action relating to the dis- proposed an amendment to amendment SA 3007. Mr. CAMPBELL (for him- posal of spent nuclear fuel, Congress must determine whether the spent fuel in the re- SA 2917 proposed by Mr. DASCHLE (for self, Mr. BROWNBACK, Mr. GRAMM, Mr. pository should be treated as waste subject himself and Mr. BINGAMAN) to the bill ENZI, and Mr. SMITH of New Hampshire) to permanent burial or should be considered (S. 517) to authorize funding the De- proposed an amendment to amendment an energy resource that is needed to meet fu- partment of Energy to enhance its mis- SA 2917 proposed by Mr. DASCHLE (for ture energy requirements; and sion areas through technology transfer himself and Mr. BINGAMAN) to the bill (2) national policy on spent nuclear fuel and partnerships for fiscal years 2002 (S. 517) to authorize funding the De- may evolve with time as improved tech- through 2006, and for other purposes; as partment of Energy to enhance its mis- nologies for spent fuel are developed or as follows: sion areas through technology transfer national energy needs evolve. (b) DEFINITIONS.—In this section: On page 64, strike line 8 and all that fol- and partnerships for fiscal years 2002 (1) Associate Director.—The term ‘‘Asso- lows through page 65, line 17, and insert the through 2006, and for other purposes; as ciate Director’’ means the Associate Direc- following: follows: tor of that Office. SEC. 263. FEDERAL PURCHASE REQUIREMENT. Strike section 822. (2) OFFICE.—The term ‘‘Office’’ means the (a) REQUIREMENT.—the President shall seek Office of Spent Nuclear Fuel Research within to ensure that, to the extent economically SA 3008. Mr. DAYTON (for himself the Office of Nuclear Energy Science and feasible and technically practicable, of the and Mr. GRASSLEY) submitted an Technology of the Department of Energy.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1866 CONGRESSIONAL RECORD — SENATE March 13, 2002 (c) ESTABLISHMENT.—There is established pable of making liquid and gaseous fuels nominations of Robert Watson Cobb to an Office of Spent Nuclear Fuel Research from cellulosic feedstocks that are price- be Inspector General and MG Charles within the Office of Nuclear Science and competitive with gasoline or diesel in either Bolden, Jr., to be Deputy Adminis- Technology of the Department of Energy. internal combustion engines or fuel cell ve- trator of NASA, at 2:30 P.M., on March (d) HEAD OF OFFICE.—The Office shall be hicles by 2010; and headed by the Associate Director, who shall (B) advanced biotechnology processes capa- 13, 2002. be a member of the Senior Executive Service ble of making biofuels, biobased polymers, The PRESIDING OFFICER. Without appointed by the Director of the Office of and chemicals, with particular emphasis on objection, it is so ordered. Nuclear Energy Science and Technology, and the development of biorefineries that use en- COMMITTEE ON ENVIRONMENT AND PUBLIC compensated at a rate determined by appli- zyme based processing systems. WORKS cable law. For purposes of this paragraph, the term Mr. REID. Mr. President, I ask unan- (e) DUTIES OF THE ASSOCIATE DIRECTOR.— ‘‘cellulosic feedstock’’ means any portion of imous consent that the Committee on (1) IN GENERAL.—The Associate Director a food crop not normally used in food pro- Environment and Public Works be au- shall be responsible for carrying out an inte- duction or any non-food crop grown for the thorized to meet on Wednesday, March grated research, development, and dem- purpose of producing biomass feedstock. onstration program on technologies for 13, 2002, at 9:30 a.m., to hold a hearing to receive testimony on the economic treatment recycling, and disposal of high- SA 3011. Mr. BINGAMAN (for Ms. level nuclear radioactive waste and spent nu- and environmental risks associated clear fuel, subject to the general supervision LANDRIEU) (for himself and Mr. DOMEN- with increasing greenhouse gas emis- of the Secretary. ICI) proposed an amendment to amend- sions. The hearing will be held in SD– (2) PARTICIPATION.—The Associate Director ment SA 2917 proposed by Mr. DASCHLE 406. shall coordinate the participation of na- (for himself and Mr. BINGAMAN) to the The PRESIDING OFFICER. Without tional laboratories, universities, the com- bill (S. 517) to authorize funding the objection, it is so ordered. mercial nuclear industry, and other organi- Department of Energy to enhance its COMMITTEE ON FOREIGN RELATIONS zations in the investigation of technologies mission areas through technology Mr. REID. Mr. President, I ask unan- for the treatment, recycling, and disposal of transfer and partnerships for fiscal spent nuclear fuel and high-level radioactive imous consent that the Committee on waste. years 2002 through 2006, and for other Foreign Relations be authorized to (3) ACTIVITIES.—The Associate Director purposes; as follows: meet during the session of the Senate shall— On page 443, strike lines 21 through page on Wednesday, March 13, 2002, at 5 p.m., (A) develop a research plan to provide rec- 444, line 2 and insert the following: to hold a nomination hearing. ommendations by 2015; (2) examine— (B) identify promising technologies for the (A) advanced proliferation-resistant and Agenda treatment, recycling, and disposal of spent passively safe reactor designs; Nominee: The Honorable Robert nuclear fuel and high-level radioactive (B) new reactor designs with higher effi- waste; Finn, of New York, to be Ambassador ciency, lower cost, and improved safety; to Afghanistan. (C) conduct research and development ac- (C) in coordination with activities carried tivities for promising technologies; out under the amendments made by section The PRESIDING OFFICER. Without (D) ensure that all activities include as 1223, designs for a high temperature reactor objection, it is so ordered. key objectives minimization of proliferation capable of producing large-scale quantities COMMITTEE ON GOVERNMENTAL AFFAIRS concerns and risk to the health of the gen- of hydrogen using thermo-chemical proc- Mr. REID. Mr. President, I ask unan- eral public or site workers, as well as devel- esses; imous consent that the Committee on opment of cost-effective technologies; (D) proliferation-resistant and high-burn- (E) require research on both reactor- and Governmental Affairs be authorized to up nuclear fuels; meet on Wednesday, March 13, 2002, at accelerator-based transmission systems; (E) minimization of generation of radio-ac- (F) require research on advanced proc- 9:30 a.m., to hold a hearing entitled tive materials; essing and separations; ‘‘Public Health and Natural Resources: (F) improved nuclear waste management (G) include participation of international technologies; and A Review of the Implementation of Our collaborators in research efforts, and provide (G) improved instrumentation science; Environmental Laws, Part II.’’ funding to a collaborator that brings unique The PRESIDING OFFICER. Without f capabilities not available in the United objection, it is so ordered. States if the country in which the collabo- AUTHORITY FOR COMMITTEES TO SUBCOMMITTEE ON STRATEGIC rator is located is unable to provide for their MEET support; and Mr. REID. Mr. President, I ask unan- (H) ensure that research efforts are coordi- COMMITTEE ON ARMED SERVICES imous consent that the Subcommittee nated with research on advanced fuel cycles Mr. REID. Mr. President, I ask unan- on Strategic of the Committee on and reactors conducted by the Office of Nu- imous consent that the committee on Armed Services be authorized to meet clear Energy Science and Technology. during the session of the Senate on (f) GRANT AND CONTRACT AUTHORITY.—The armed services be authorized to meet during the session of the senate on Wednesday, March 13, 2002, at 2:30 p.m., Secretary may make grants, or enter into in open session to receive testimony on contracts, for the purposes of the research Wednesday, March 13, 2002, at 9:30 A.M., projects and activities described in this sec- in open session to receive testimony on ballistic missile defense acquisition tion. the Defense Health Program in Review policy and oversight, in review of the (g) REPORT.—The Associate Director shall of the Defense Authorization request Defense authorization request for fiscal annually submit to Congress a report on the for Fiscal year 2003. year 2003. activities and expenditures of the Office that The PRESIDING OFFICER. Without describes the progress being made in achiev- The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. ing the objectives of this section. SUBCOMMITTEE ON TECHNOLOGY, TERRORISM COMMITTEE ON BANKING, HOUSING, AND URBAN AND GOVERNMENT INFORMATION Mr. BINGAMAN (for Ms. AFFAIRS SA 3010. Mr. REID. Mr. President, I ask unan- LANDRIEU) proposed an amendment to Mr. REID. Mr. President, I ask unan- imous consent that the Committee on amendment SA 2917 proposed by Mr. imous consent that the Committee on the Judiciary Subcommittee on Tech- DASCHLE (for himself and Mr. BINGA- Banking Housing, and Urban Affairs be nology, Terrorism and Government In- MAN) to the bill (S. 517) to authorize authorized to meet during the session formation be authorized to meet to funding the Department of Energy to of the Senate on Wednesday, March 13, conduct a hearing on ‘‘Narco-Terror: enhance its mission areas through 2002, at 10 A.M., to conduct an over- The Worldwide Connection Between technology transfer and partnerships sight hearing on ‘‘Transit in the 21st Drugs and Terrorism’’ on Wednesday, for fiscal years 2002 through 2006, and Century: Successes and Challenges.’’ March 13, 2002, at 10 a.m., in Dirksen for other purposes; as follows: The PRESIDING OFFICER. Without 226. On page 405, strike line 16 and all that fol- objection, it is so ordered. lows through line 23, and insert the fol- COMMITTEE ON COMMERCE, SCIENCE , AND Witness List lowing: TRANSPORTATION Panel I: Asa Hutchinson, Adminis- (6) BIOFUELS.—The goal of the biofuels pro- gram shall be to develop, in partnership with Mr. REID. Mr. President, I ask unan- trator, Drug Enforcement Administra- industry— imous consent that the Committee on tion; R. Rand Beers, Assistant Sec- (A) advanced biochemical and Commerce, Science, and Transpor- retary, Bureau for International Nar- thermochemical conversion technologies ca- tation be authorized to meet on the cotics and Law Enforcement Affairs,

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1867 Department of State; and Richard New- ORDER FOR ADJOURNMENT will, there was a commitment that comb, Director, Office of Foreign As- Mr. REID. Madam President, if there there would also be a move to quickly sets Control, Department of Treasury. is no further business to come before address a similar and equally vexing Panel II: Curtis Kamman, Former the Senate, I ask unanimous consent problem of railroad security. United States Ambassador to Colom- that the Senate stand in adjournment Passenger rail is a critical compo- bia, Department of State, Washington, following the statement of the Senator nent of our national transportation in- frastructure as, I might add, Sep- DC; Michael Shifter, Adjunct Professor from Delaware, Mr. BIDEN. and Program Director, Inter-American The PRESIDING OFFICER. Without tember 11 so vividly has shown. Imag- Dialogue, Center for Latin American objection, it is so ordered. ine what would have happened if we Studies, School of Foreign Service, Mr. REID. I suggest the absence of a had no passenger rail system Sep- Georgetown University, Washington, quorum. tember 11 when the skies shut down. DC; R. Grant Smith, Former United The PRESIDING OFFICER. The And yet all of those passengers con- States Ambassador to Tajikistan, clerk will call the roll. tinue to travel at their risk. They con- United States Department of State, The assistant legislative clerk pro- tinue to ride in poorly lit, poorly venti- Washington, DC; and Martha Brill ceeded to call the roll. lated, and poorly maintained tunnels, Olcott, Senior Associate, Carnegie En- Mr. BIDEN. Madam President, I ask some of which were built as long ago as dowment for International Peace, unanimous consent that the order for 1879. They remain serious targets for acts Washington, DC. the quorum call be rescinded. of terrorism. There is no ventilation. The PRESIDENT OFFICER. Without The PRESIDING OFFICER. Without There is no lighting. There is no es- objection, it is so ordered. objection, it is so ordered. The Senator cape. There are more people, right now f from Delaware. as we speak, in tunnels on railcars un- PRIVILEGE OF THE FLOOR f derneath New York City than in seven Mr. NELSON of Nebraska. Madam DEPARTMENT OF 747s completely filled. We have done President, I ask unanimous consent TRANSPORTATION NOMINATIONS nothing to improve the security and that a member of my staff, Bill safety of the people who are riding Holmberg, be given floor privileges by Mr. BIDEN. Madam President, as my these rails right now. the Chair. colleagues know and the staff knows, it Imagine what happens if a bomb, a The PRESIDING OFFICER. Without must be important to me to come to chemical weapon, or a biological weap- objection, it is so ordered. the floor after there are no votes and on is dispersed in that confined area? I Mr. INHOFE. Madam President, I ask miss a train home to Delaware. As I might point out to my friends, they unanimous consent that Phil Ward be think I can verify, there probably has may remember a little over a year ago granted the privilege of the floor for not been 10 times in my career that I there was a fire in the Baltimore Tun- the remainder of the day. have spoken after there are no votes, nel. It shut down Baltimore. It not The PRESIDING OFFICER. Without so I apologize for keeping the staff here only shut down the rail, it shut down objection, it is so ordered. and keeping folks in, but this is of con- the south end of Baltimore for a long f sequence to me and my State. time. My good friend—and we all say that; My frustration is reaching the boil- MEASURE READ THE FIRST we use that phrase, and he really is a ing point. Because of these security TIME—H.R. 2175 good friend not only politically but threats, immediately following the at- Mr. REID. Madam President, it is my personally—JOHN MCCAIN came to the tacks of September 11, I attempted to understanding that H.R. 2175, which Chamber and asked the rhetorical authorize funds for rail security im- has been received from the House, is question of who has a hold on two provements as part of the aviation bill. now at the desk. Therefore, I ask for nominees for the Department of Trans- Because of the objections raised, how- its first reading. portation. He does not like secret ever, I then went to Senators HOLLINGS The PRESIDING OFFICER. The holds. and MCCAIN, and instead, based on clerk will read the title of the bill for He was being very polite because he their commitment, which they kept, the first time. did not want to point out what he al- they offered to pass a separate bill in The assistant legislative clerk read ready knew: That I have a hold on the Commerce Committee authorizing as follows: those two nominees. rail security monies. True to their A bill (H.R. 2175) to protect infants who are I have been a Senator for 29 years. I words, on October 17, they did just born alive. have never, not one single time but that. S. 1550 authorized $1.8 billion for Mr. REID. Madam President, I ask this, in my entire career ever put a passenger rail security improvements, for its second reading and object to my hold on any nomination, legislation, or even though Amtrak had originally re- own request. anything on the Senate floor. I know quested $3.2 billion; $1.8 billion was a The PRESIDING OFFICER. Objec- Senator MCCAIN understands holds. He barebones minimum the committee be- tion is heard. The bill will receive its has put holds on Department of Trans- lieved it would provide for essential se- second reading on the next legislative portation nominees before, but I agree curity upgrades in safety improve- day. with him, the holds should be made ments, mainly a billion of that to im- f public. proving the tunnels and the safety in I wish to publicly acknowledge what the tunnels against threatened at- ORDERS FOR THURSDAY, MARCH I thought everyone knew. I am the guy tacks. 14, 2002 who has put the hold on those two The other $800 million went to having Mr. REID. Madam President, I ask nominees. Madam President, let me ex- dogs on trains sniffing bombs, and ad- unanimous consent that when the Sen- plain to you why, very briefly. ditional police. Yet here we stand 6 ate completes its business today, it ad- After September 11, Congress moved months later, and we still do not have journ until the hour of 9:30 a.m., Thurs- very quickly and effectively to provide the money for rail security. I still do day, March 14; that following the pray- necessary funds for aviation security not even have a vote on rail security. er and pledge, the Journal of pro- improvements and ultimately for port This completely defies logic. The rea- ceedings be approved to date, the security improvements. I supported son is because a number of my col- morning hour be deemed expired, the those bills wholeheartedly, as did al- leagues have objected secretly, not time for the two leaders be reserved for most all of my colleagues. publicly, to S. 1550, and they have put their use later in the day, and the Sen- At the time, however, it was my un- holds on the bill. This despite all it will ate resume consideration of the energy derstanding, given to me in the Cham- do to safeguard our passenger rail sys- reform bill under the previous order en- ber of this body and, I believe—and I tem and despite the backing of the tered. am not suggesting she is any part of Commerce Committee. The PRESIDING OFFICER. Without this—but I believe the Presiding Offi- Remember, this other stuff we did objection, it is so ordered. cer will recall, as every other Senator immediately did not even go through

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1868 CONGRESSIONAL RECORD — SENATE March 13, 2002 any committee originally. That is why All I am asking is my colleagues who erything. But we do not do anything to for the first time in my 29-plus years in have a secret hold, unlike my very pub- help rail travel. It is a shame. We the Senate I have placed holds on two lic and uncharacteristic hold, come for- waste so much time, effort, and energy Department of Transportation nomi- ward and debate the subject. Let me hauling people on airplanes for dis- nees, both fine, decent, and competent have a vote. I should not say ‘‘me.’’ It tances less than 250 miles. We should people. The issue is not their nomina- is my colleague, TOM CARPER; it is my have trains. We should have high-speed tion. The issue is rail security. I know two colleagues from Pennsylvania; my rail. We should have magnetic levita- of no other way to get the attention of colleagues from Maryland; my col- tion. We should have methods to move anybody. I do not know what else I leagues from New Jersey; my col- people who are not on highways and have to do—stand on my head in the leagues from Connecticut; my col- are not in our crowded airports. middle of the well to get the attention leagues from New York; my colleagues I hope the Senator from Delaware of people around here? from Massachusetts; my colleagues will understand, even though some- Granted, not everybody has Amtrak from Rhode Island; my colleagues from times you may feel alone on this issue, go through their areas. I understand Maine. there are a lot of people who will help that. Granted, Amtrak is not as impor- I really find it offensive that some- privately. I will do that; I will help tant to passenger rail service for them thing of such exceptional importance, publicly—anything I can do to help. as it is to the Northeast and to me. as the young kids say, is ‘‘dissed’’ as This is not an issue that helps the This is my farm bill. This is my bill re- this is. We would not do this to the State of Delaware. It helps the coun- lating to airport security. This is my Midwestern Senators. We would not do try. bill relating to the poultry industry. this to the Southern Senators if this Mr. BIDEN. I thank my colleague. I This is my bill relating to the most was something regional to them. We take his observation and acknowledge critical need that exists relating to se- would not block the chance to vote on it is absolutely true that it helps the curity in my region. water projects for Western Senators. I whole country. This bill is not controversial. It is think this is unfair. I would like to bifurcate two points: completely bipartisan and it has com- I have been around the Senate long One, the emergency, immediate need pletely been vetted by the committee enough to know one takes their lumps. for security. The security will help of jurisdiction. It is important to pas- You win and you lose, and I usually do Amtrak in Los Angeles as well as help senger rail travelers. not make the argument ‘‘unfair’’, but I Amtrak in Florida. The place with the There is absolutely no reason for the think it is uncharacteristic that some- biggest, clearest targets where the Senate not to go on record today, right thing so important regionally to me, most people could be devastated is in now in fact, and support this bill, to and to my colleagues, is not even able those tunnels, primarily. They happen give Amtrak the resources it needs to to get a single opportunity for a vote. to be mostly in the Northeast. upgrade the system and make all the Only because the hour is so late I am There is a second issue. I have not safety improvements possible with this not going to move, by voice vote, to ac- addressed the second issue. We have limited amount of money. cept the amendment that I was about not kept our promises at all to Amtrak In 2 hours or 3 hours of debate we to send to the desk. But I can tell the in terms of Amtrak’s operational capa- came up with $15 billion or $14 billion bility and capital needs. We cannot get to bail out the airlines that were al- Democratic leader, Senator REID, the votes on that either. I am trying to ready in trouble, by the way. Had there first opportunity I have, I am going to deal with the littlest piece. I cannot never been 9–11, half of them would move the legislation, and I want to find fathom how anyone could disagree. I have gone out of business anyway—if out who objects. My guess is the major- have not heard one substantive argu- not half, a significant number. So I do ity leader will object on behalf of some ment why we would not provide for not know why my asking for this for unknown person. So in conclusion, I understand the dogs and police to see that people are my region, based upon a legitimate frustration of my friend, JOHN MCCAIN, not carrying onto the trains dynamite need, is so difficult for people to under- because he very much wants to free up or explosives or weapons in New Orle- stand. In fact, I want to hear someone stand these two nominees. I agree they ans, LA, as well as in Philadelphia, PA. The real point is, this is an urgent up and tell me how it is that my should be freed up, but I have no other need. Ask any of the folks in the intel- friends across the aisle have taken the way. ligence community: If you were a ter- liberty of blocking this bill after both Mr. REID. Will the Senator yield? Mr. BIDEN. I am happy to yield. rorist and decided you had one last op- Senators HOLLINGS and MCCAIN saw fit Mr. REID. I say to the Senator from portunity, what would you hit? People to pass it out of the Commerce Com- Delaware that this Amtrak matter is mittee without any amendments. It is will say you are giving ideas; these ter- not a matter that relates only to the time for my colleagues to put aside rorists already have these ideas, I as- Northeast corridor. I want everyone to their political goals and join me and sure you. know this is important for other parts What did we do during the Olympics? many of my colleagues who support of the country, and the Senator is We knew that would be a likely target what the Commerce Committee has done and at least allow us to have a doing a service to the country. The because there were a lot of people and vote. We cannot afford to wait much Northeast is going to survive. The it would be a big statement. To the longer. We do not have that luxury. trains that run there pay for them- great credit of the State of Utah and Let me conclude by saying that I selves. It is the trains that are around the Federal Government, we had no in- have great respect for Secretary of the rest of the country that do not pay cident. But you are sitting around, and Transportation Norm Mineta; I worked for themselves. That is where we need where will you look to use the chem- with him when he was in the House help and the Senator from Delaware is ical weapon if you have it? The dirty when he was a Congressman. I worked helping us. bomb, if you possess it? That biological with him in the last administration. I I say to my friend from Delaware, we weapon, if you want to use it? Where have worked with him in this adminis- badly need a train, and if Amtrak will you use it? tration. He came to see me. He made a hangs on—it is already in the plan- I am chairman of the Foreign Rela- personal plea that I free up these two ning—we should within the next few tions Committee. I was on the ter- nominees. months have an Amtrak train running rorism subcommittee and the Judici- I said to him: I understand. between Los Angeles and Las Vegas. I ary Committee and in the Intelligence He said: It is unrelated. Why? We are say to my friend, is it not a sad com- Committee for 10 years. Unfortunately, for you. We agree. mentary of this country that we give it seems as if I have been going to I said: Well, then make the case. airlines—and I am happy to help. We school for my whole life to prepare for Somebody in the administration has to bailed them out. We do all kinds of the issue of terrorism. Prioritize where stand up and holler with me. They say things to help airlines and airports. the likely targets are. There are mil- they are for it. When they were for the And think of the things that we do for lions of container ships that come into airport security bill that got tied up, highways, for passengers traveling on ports each year. We had to deal with they stood up and hollered. highways. We build bridges. We do ev- that, and we dealt with it. Everybody

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1869 knew that was a likely target. We were Mr. SPECTER. I don’t disagree with CONSUMER PRODUCT SAFETY COMMISSION not telling the terrorists anything they the Senator from Delaware very often, HAROLD D. STRATTON, OF NEW MEXICO, TO BE CHAIR- didn’t know. We knew it was a prob- but I disagree when he says it is above MAN OF THE CONSUMER PRODUCT SAFETY COMMISSION, VICE ANN BROWN. lem. his pay grade. HAROLD D. STRATTON, OF NEW MEXICO, TO BE A COM- I hope to God I am never in a posi- I compliment the Senator from Dela- MISSIONER OF THE CONSUMER PRODUCT SAFETY COM- MISSION FOR THE REMAINDER OF THE TERM EXPIRING tion where, by even implication, I have ware for his impassioned presentation. OCTOBER 26, 2006, VICE ANN BROWN. to say, I told you so. There is no way I concur with him. I thank the Senator DEPARTMENT OF STATE out of the tunnels. There is no lighting. from Nevada for articulating the view DAVID A. GROSS, OF MARYLAND, FOR THE RANK OF There is no ventilation. There is no of the leadership. AMBASSADOR DURING HIS TENURE OF SERVICE AS DEP- way out. It is true the Northeast has special UTY ASSISTANT SECRETARY OF STATE FOR INTER- NATIONAL COMMUNICATIONS AND INFORMATION POLICY I apologize, I am getting angry about considerations: When you pass through IN THE BUREAU OF ECONOMIC AND BUSINESS AFFAIRS it. Again, I can understand my friend the tunnels in Baltimore, you pass AND U.S. COORDINATOR FOR INTERNATIONAL COMMU- from Arizona and others objecting to through the Philadelphia train sta- NICATIONS AND INFORMATION POLICY. Amtrak. They do not think Amtrak is tions, the tunnels going into New York NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES efficacious. I got it. I understand. They City. It is time we considered the mat- ter. MICHAEL PACK, OF MARYLAND, TO BE A MEMBER OF are wrong. I am willing to debate that. THE NATIONAL COUNCIL ON THE HUMANITIES FOR A I would love a chance to debate it. I hope the passion the Senator from TERM EXPIRING JANUARY 26, 2004, VICE DARRYL J. However, this is drop dead common Delaware has articulated will move GLESS, TERM EXPIRED. sense. I close to resent not being able some Senator who has a secret hold on DEPARTMENT OF JUSTICE to have a chance for the Senator from the legislation. DAVID PHILLIP GONZALES, OF ARIZONA, TO BE UNITED STATES MARSHAL FOR THE DISTRICT OF ARIZONA FOR Pennsylvania, the Senator from Dela- I yield the floor. Mr. BIDEN. Madam President, I will THE TERM OF FOUR YEARS, VICE ALFRED E. MADRID, ware, the Senators from New York, in TERM EXPIRED. just take 10 seconds. I conclude by say- EDWARD ZAHREN, OF COLORADO, TO BE UNITED addition to the Senators where Amtrak ing, I say to my friend, Senator STATES MARSHAL FOR THE DISTRICT OF COLORADO FOR goes—these are gigantic targets. THE TERM OF FOUR YEARS, VICE ERNESTINE ROWE, They once asked Willie Sutton: Why MCCAIN, I will lift the hold on these TERM EXPIRED. two nominees the moment we get a CHARLES M. SHEER, OF MISSOURI, TO BE UNITED rob banks? And his answer was: That is STATES MARSHAL FOR THE WESTERN DISTRICT OF MIS- vote on the security bill. SOURI FOR THE TERM OF FOUR YEARS, VICE ROBERT where the money is. I yield the floor. BRADFORD ENGLISH, TERM EXPIRED. What do terrorists do? Why do they GORDEN EDWARD EDEN, JR., OF NEW MEXICO, TO BE f UNITED STATES MARSHAL FOR THE DISTRICT OF NEW pick the two largest buildings in the MEXICO FOR THE TERM OF FOUR YEARS, VICE JOHN STE- United States, instead of coming to EXECUTIVE SESSION VEN SANCHEZ, TERM EXPIRED. Delaware and hitting a 12-story build- JOHN LEE MOORE, OF TEXAS, TO BE UNITED STATES MARSHAL FOR THE EASTERN DISTRICT OF TEXAS FOR ing in Delaware? Why? Because that is THE TERM OF FOUR YEARS, VICE NORRIS BATISTE, JR., where the most people are. That is EXECUTIVE CALENDAR TERM EXPIRED. WILLIAM P. KRUZIKI, OF WISCONSIN, TO BE UNITED where the biggest targets remain. Mr. REID. Madam President, I ask STATES MARSHAL FOR THE EASTERN DISTRICT OF WIS- I thank my friend from Nevada. He unanimous consent the Senate proceed CONSIN FOR THE TERM OF FOUR YEARS, VICE NANNETTE HOLLY HEGERTY, TERM EXPIRED. has been a staunch supporter and tried to executive session to consider Cal- IN THE AIR FORCE like the devil to help. endar No. 724 and Calendar No. 725. The concluding point I make: My THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- hold is not secret. I would like to know objection, it is so ordered. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE who is holding up the ability of the Mr. REID. I ask unanimous consent AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Senate to pass a bill that we were that the nominations be confirmed, the 601: promised on October 15 would get ac- motions to reconsider be laid upon the To be lieutenant general tion; that we passed out of the Com- table, the President be immediately LT. GEN. LESLIE F. KENNE, 0000 merce Committee unanimously, with- notified of the Senate’s action, any THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- out amendment; that, in fact, nobody statements thereon appear at the ap- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE has made a substantive argument why propriate place in the RECORD as AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION any of this is not needed. I want to though read, and the Senate return to 601: know why. I want to know why and legislative session. To be lieutenant general who. Who is saying we cannot vote on The PRESIDING OFFICER. Without MAJ. GEN. WILLIAM R. LOONEY III, 0000 it? And why do they think we should objection, it is so ordered. IN THE MARINE CORPS not have this? The nominations were considered and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT confirmed, as follows: IN THE UNITED STATES MARINE CORPS RESERVE TO THE I am a big boy. We have a vote. I win; GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE JUDICIARY I lose. But I want a vote. To be brigadier general I yield the floor. Jeanette J. Clark, of the District of Colum- Mr. SPECTER. If the Senator from bia, to be an Associate Judge of the Superior COL. DOUGLAS M. STONE, 0000 Delaware would respond to a question, Court of the District of Columbia for the IN THE AIR FORCE the holds which are placed anony- term of fifteen years. THE FOLLOWING NAMED OFFICER TO THE GRADE INDI- DEPARTMENT OF COMMERCE CATED IN THE RESERVE OF THE AIR FORCE UNDER mously on legislation preclude a Sen- TITLE 10, U.S.C., SECTION 12203: Louis Kincannon, of Virginia, to be Direc- ator such as the Senator from Dela- To be colonel ware from finding out who has taken tor of the Census. JOSEPH WYSOCKI, 0000 that action, and therefore there is no f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT opportunity to talk to that colleague, LEGISLATIVE SESSION TO THE GRADE INDICATED IN THE UNITED STATES AIR reason with that colleague, perhaps FORCE AND AS PERMANENT PROFESSORS, UNITED The PRESIDING OFFICER. The Sen- STATES AIR FORCE ACADEMY, UNDER TITLE 10, U.S.C., find a way to resolve the issue. ate will return to legislative session. SECTIONS 9333 (B) AND 9336 (A). The simple question: Is it time the To be colonel rules of the Senate were modified to f RICHARD L. FULLERTON, 0000 stop secret holds which preclude sen- ADJOURNMENT UNTIL 9:30 A.M. DAVID S. GIBSON, 0000 sible action on a matter such as rail TOMORROW WILLIAM P. WALKER, 0000 THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE safety? The PRESIDING OFFICER. Under UNITED STATES OFFICERS FOR APPOINTMENT TO THE Mr. BIDEN. The Senator is preaching the previous order, the Senate stands GRADE INDICATED IN THE RESERVE OF THE AIR FORCE to the choir. I fully agree with the Sen- adjourned. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ator. Thereupon, the Senate, at 5:48 p.m., To be colonel As the Senator knows, that is above adjourned until Thursday, March 14, WILLIAM P. ALBRO, 0000 my pay grade. There are only six Sen- THOMAS E. ALLEN, 0000 2002, at 9:30 a.m. THORNE S. AMBROSE, 0000 ators who have been here longer than I, RANDALL R. BALL, 0000 f but a lot have more institutional power DAVID H. BARNHART, 0000 EARL S. BELL, 0000 than I do. I think it is a reasonable NOMINATIONS KATHLEEN F. BERG, 0000 proposal, and I have shared that view JAMES T. BOLING, 0000 Executive nominations received by PETER A. BONANNI, 0000 of the Senator for a long time. the Senate March 13, 2002: JEANETTE B. BOOTH, 0000

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JOHN H. BRAMHALL, 0000 LARRY W. WEIGLER, 0000 TINA M * GOSLING, 0000 DAVID T. BUCKALEW, 0000 JAMES R. WHITE, 0000 MICHAEL W GREENLY, 0000 JOHN R. BUCKINGHAM, 0000 ALBERT M. WOOLLEY JR., 0000 DOLA D * HANDLEY, 0000 GREGG A. BURDEN, 0000 PAUL G. WORCESTER, 0000 PATRICIA S * HARM, 0000 BREWSTER S. BUTTERS, 0000 DELILAH R. WORKS, 0000 SHAROYN L * HARRIS, 0000 MICHAEL F. CANDERS, 0000 MICHAEL A * HAWKINS, 0000 IN THE ARMY FRANKLIN E. CHALK SR., 0000 CARLOTTA S * HEAD, 0000 GREGORY S. CHAMPAGNE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TRACI M HEESE, 0000 JOHN R. CHATBURN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHARLES D * HENKEL, 0000 ROBERT A. CHIN, 0000 CHAPLAIN CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 PAUL D * HESS, 0000 MARK E. CLEM, 0000 AND 3064: MELISSA J * HOFFMAN, 0000 ROGER F. CLEMENTS, 0000 CHARLOTTE M * HOOD, 0000 JOHN D. COMPTON, 0000 To be colonel ESTERLITTA L * JACKSON, 0000 JAMES E. DANIEL JR., 0000 MICHAEL T BRADFIELD, 0000 TRINI L * JEANICE, 0000 JAMES T. DAUGHERTY, 0000 WILLIAM B BROOME III, 0000 EDGAR JIMENEZ, 0000 JAMES F. DAWSON JR., 0000 JOEL W COCKLIN, 0000 LINDA E * JONES, 0000 JAMES D. DEMERITT, 0000 RICHARD B GARRISON, 0000 JOHNNIE M * KOCH, 0000 ROBERT R. DOLAN, 0000 FREDERICK L HUDSON, 0000 CHRISTINE M * KRAMER, 0000 MATTHEW J. DZIALO, 0000 RONALD R HUGGLER, 0000 WILLIAM L KUHNS, 0000 BARBARA A. EAGER, 0000 LAWRENCE C KRAUSE, 0000 FRANK LEE, 0000 KATHLEEN L. EASTBURN, 0000 RICHARD A KUHLBARS, 0000 VIKI J * LEEFERS, 0000 ROBERT C. EDWARDS JR., 0000 JAMES E MAY, 0000 DENISE M * LYONS, 0000 JAMES A. FIRTH, 0000 ALVIN M MOORE III, 0000 JAMES A * MADSON, 0000 KEVIN J. FISCHER, 0000 SHERRILL F MUNN, 0000 PAUL J * MAHOLTZ III, 0000 GARY A. FITZGERALD, 0000 JACK J VANDYKEN, 0000 DAVID P * MARANA, 0000 TONY O. FLORES JR., 0000 RICHARD R YOUNG, 0000 SANDRA I * MARTIN, 0000 TIMOTHY L. FRYE, 0000 ANA L * MASON, 0000 LAWRENCE P. GALLOGLY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SUE A * MC CANN, 0000 ROBERT GERMANI JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DEBORAH * MC MULLAN, 0000 ROBERT S. GISSENDANNER, 0000 NURSE CORPS AND FOR REGULAR APPOINTMENT (IDEN- LINDA K * MOORE, 0000 BRIAN D. GOMULA, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SEC- BEVERLY J MORGAN, 0000 JEROME M. GOUHIN, 0000 TIONS 624, 531, AND 3064: SHERRY D * MOSLEY, 0000 JOHN O. GRIFFIN, 0000 To be major PETER J MOTT, 0000 DENNIS D. GRUNSTAD II, 0000 MICHELLE L * MUNROE, 0000 PAUL D. GRUVER, 0000 SHARON M * AARON, 0000 KATHY M * NEAL, 0000 JAMES H. GWIN, 0000 LILA M * AGUTO, 0000 JOHN E * NEUMANN, 0000 STEVEN B. HANSON, 0000 WILLIAM A * AIKEN II, 0000 THERESA A PECHATY, 0000 CURTIS T. HARRIS, 0000 SUSAN J * ARGUETA, 0000 WESLEY H * PIERCE, 0000 SCOTT B. HARRISON, 0000 CHRISTOPHER D BAYSA, 0000 BRIAN M * PITCHER, 0000 MARTIN K. HOLLAND, 0000 SANDRA J BEGLEY, 0000 LINDA A * POIRIER, 0000 SHEILA F. HOOTEN, 0000 RICHARD A BEHR, 0000 MELONIE G QUANDER, 0000 RODNEY K. HUNTER, 0000 DONALD E * BENNETT JR., 0000 KATHERINE T * RALPH, 0000 JEFFREY R. JOHNSON, 0000 ARNESHUIA P * BILAL, 0000 JOY E * REXFORD, 0000 THOMAS M. JOHNSON, 0000 LYNN * BLANKE, 0000 PHYLLIS A * RHODES, 0000 RANDALL K. JONES, 0000 TAMMIE S * BOEGER, 0000 CAROLYN M RICHARDSON, 0000 THOMAS C. JORDAN, 0000 VINCENT B BOGAN, 0000 JOHN D * RODGERS, 0000 JON K. KELK, 0000 LISA M * BOWER, 0000 LETICIA * SANDROCK, 0000 THOMAS J. KEOUGH, 0000 MICHAEL T * BOZZO, 0000 REBEKAH J * SARSFIELD, 0000 WILLIAM L. KITTLE, 0000 CARLTON G BROWN, 0000 DEBORAH M * SAUNDERS, 0000 ROBERT S. LANDSIEDEL, 0000 CARLA R * BUCKLES, 0000 SHARON U * SCOTT, 0000 MARK R. LANGLEY, 0000 TERRIE D * BURGAN, 0000 MARY J * SHAW, 0000 ROBERT K. LEWIS, 0000 MIRTA B * BURGOS, 0000 DEIDRE M SINGLETON, 0000 ROBERT W. LOVELL, 0000 JOSEPH M * CANDELARIO, 0000 ALLEN D * SMITH, 0000 DAVID J. MACMILLAN, 0000 CHERYL Y * CAPERS, 0000 JUDY A * SMITH, 0000 BRUCE R. MACOMBER, 0000 LILLIAN * CARDONA, 0000 STEPHANIE C * STELTER, 0000 JAMES L. MALENKE, 0000 AMBROSE M CARROLL, 0000 JAMES E * STEVENS, 0000 RUSSELL W. MALESKY, 0000 JESUS M * CASTRO, 0000 EVELYN TOWNSEND, 0000 RONALD E. MALOUSEK, 0000 COLEEN P * CHANG, 0000 BARBARA F * WALL, 0000 THOMAS J. MARKS JR., 0000 MARY T * CHRISTAL, 0000 BRADLEY C * WEST, 0000 LANNY B. MCNEELY, 0000 RICHARD W * CICHY, 0000 MARY A * WEST, 0000 THOMAS R. MOORE, 0000 MARGARET A * COLLIER, 0000 DAVID O * WHITE, 0000 THOMAS G. MURGATROYD, 0000 ALBERT S * COSTA, 0000 WILLIAM G * WHITE, 0000 GUNTHER H. NEUMANN, 0000 TAMARA L * CRAWFORD, 0000 MICHELLE M * WILLIAMS, 0000 GARY J. NOLAN, 0000 LISA E CROSBY, 0000 SELINA G * WILLIAMS, 0000 RICHARD J. NYALKA, 0000 CARLA J * CROUCH, 0000 GAYLA W * WILSON, 0000 ROGER L. NYE, 0000 DANETTE F * CRUTHIRDS, 0000 JOELLEN E WINDSOR, 0000 STANLEY J. OSSERMAN JR., 0000 KATRYNA B * DEARY, 0000 ALAN W. PALMER, 0000 FRANCISCO A * DELAHOZ, 0000 f JAMES A. PATTERSON, 0000 RONALD D DESALLES, 0000 JAY M. PEARSALL, 0000 DIANA J DESCHAMPS, 0000 LEON RAY, 0000 SUSAN M * DIAZ, 0000 CONFIRMATIONS ROBERT F. REINHARDT JR., 0000 SPENCER D DICKENS JR., 0000 MARILYN A. RIOS, 0000 TONYA F * DICKERSON, 0000 Executive nominations confirmed by DEBORAH S. ROSE, 0000 DARRELL C * DODGE, 0000 the Senate March 13, 2002: ALAN K. RUTHERFORD, 0000 STEPHANIA L DOVER, 0000 REED D. SCHOTANUS, 0000 TERESA A * DUQUETTE, 0000 DEPARTMENT OF COMMERCE ROBERT J. SLUSSER, 0000 JEAN * ERICKSON, 0000 DAVID M. SMITH, 0000 RICHARD R ESSICK, 0000 LOUIS KINCANNON, OF VIRGINIA, TO BE DIRECTOR OF KENNETH L. SMITH, 0000 MARK S * EVANS, 0000 THE CENSUS. MARK W. STEPHENS, 0000 GLENN R * FERNANDES, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO ROBERT M. STONESTREET, 0000 SHELIA F * FRANCIS, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- TERRENCE L. THILMONY, 0000 SHERRI D FRANKLIN, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY RUSSELL K. THOMAS, 0000 STEPHEN D * FREDERICK, 0000 CONSTITUTED COMMITTEE OF THE SENATE. BRUCE THOMPSON, 0000 LORI A * FRITZ, 0000 THE JUDICIARY JOHN R. TUTTLE, 0000 PABLITO R * GAHOL, 0000 WILLIS L. WALDRON JR., 0000 ANITA R * GANZ, 0000 JEANETTE J. CLARK, OF THE DISTRICT OF COLUMBIA, STEPHEN J. WALKER, 0000 DAVID W * GARCIA, 0000 TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT SANDRA WARDE, 0000 MICHAEL A GLADU, 0000 OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- KEVIN L. WEAR, 0000 BLONDELL S GLENN, 0000 TEEN YEARS.

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COMMEMORATION OF LITHUANIAN done so sooner, fewer people would have ‘‘The recession may be officially over, but INDEPENDENCE reached the end of their benefits and the eco- I think that’s kind of irrelevant,’’ Adams nomic recovery might by moving at a faster said. ‘‘The layoffs continue and housing is getting worse. I just don’t see any signs of HON. DAVID E. BONIOR rate. So, I hope that the fact the bill must go strength locally.’’ OF MICHIGAN back to the Senate will not lead to further un- At least one economist was a bit more IN THE HOUSE OF REPRESENTATIVES necessary delays. bullish on the state’s economic outlook. ‘‘I To show why prompt action is essential, I think the good news is that the U.S. econ- Wednesday, March 13, 2002 am attaching a story from this morning’s omy has bottomed out,’’ said Sung Won Mr. BONIOR. Mr. Speaker, several weeks Rocky Mountain News. It reports that Colo- Sohn, Chief economist at Wells Fargo & Co. ago Lithuanian American communities across rado’s unemployment rate recently surpassed ‘‘Since Colorado’s economy depends so much this nation gathered to reflect and celebrate the national rate for the first time in more than on the U.S. economy, we have to view the a decade. U.S. economic outlook as the light at the the 84th year commemorating Lithuanian inde- end of the tunnel.’’ pendence. In Southfield, Michigan, this com- We also have a high concentration of high- Job losses were greatest in Colorado’s munity gathered on Sunday, February 10, tech employment—and many provisions of this trade sector, with 16,000 fewer jobs in Janu- 2002 at the Lithuanian Cultural Center. bill are particularly important for high-tech ary 2002 than December 2001. Government On February 16, 1918 the Lithuanian people firms, which is another reason I support it. jobs were down 12,200, and service industry proclaimed an independent state ruled by the [From the Rocky Mountain News, Mar. 7, jobs were down 11,400, the labor department people, free from German military control. For 2002] said. The only sector to see an overall gain in January was the finance, insurance and JOBLESS PICTURE BLEAK most of the 20th century, however, authori- real estate sector, which was up 1,100 jobs. tarian regimes prevented Lithuanian national- (By Heather Draper) Pueblo had one of the state’s highest un- ists from enjoying the fruits of liberty and de- Colorado’s unemployment rate hit 5.7 per- employment rates in January at 8.2 percent, mocracy. In 1990, after five decades of op- cent in January, its highest level since 1993 up from 6.5 percent in December 2001 and 4.7 pression under Soviet control and a relentless and surpassing the national jobless rate for percent in January 2001. Colorado Springs passion for freedom and democracy, the Lith- the first time in nearly 12 years. hit 6.8 percent unemployment in January, up The U.S. employment rate in January was uanian people once again proclaimed their from 5.6 percent in December and 3.2 percent 5.6 percent. a year ago. independence. The state’s increase from 5.1 percent in De- The Boulder-Longmont area registered 5.7 The United States relationship with Lith- cember was the second-highest jump in the percent unemployment in January, up from uania is strong and growing stronger. Today nation behind New Mexico, which recorded a 4.7 percent in December and more than dou- Lithuanian and American leaders, govern- 0.9-point rise from December, the federal Bu- ble its 2.4 percent rate a year ago. ments and people are able to enjoy a great reau of Labor Statistics reported Wednesday. Colorado’s 3-percentage-point increase f partnership. A significant goal of this partner- from its historic low of 2.7 percent in Janu- ship is the commitment to the security of the ary 2001 was also the nation’s second-largest RECOGNIZING JESSICA STAHL Baltic region and the promotion of democracy year-over-year increase, behind Oregon’s 3.1- and freedom around the world. To achieve this point jump. HON. CAROLYN McCARTHY goal the Republic of Lithuania is making great ‘‘It’s definitely of concern,’’ said Patty Sil- OF NEW YORK verstein, economist with Development Re- economic, social and political progress in an IN THE HOUSE OF REPRESENTATIVES effort to secure membership to the North At- search Partners. ‘‘We haven’t seen levels like lantic Treaty Organization. The role of NATO this since the early 1990s. You can’t really Wednesday, March 13, 2002 sugarcoat this.’’ in preserving peace and stability in the Euro- The state’s 5.7 percent seasonally adjusted Mrs. MCCARTHY of New York. Mr. Speak- Atlantic area is essential for all people; Lithua- jobless rate translated to about 135,000 Colo- er, I rise in recognition of Jessica Stahl, my nians must not be the exception. radans out of work in January. constituent from Rockville Centre who has Mr. Speaker, I join the people of Lithuania, The city and county of Denver’s non-sea- been chosen as a top student finalist in the those of Lithuanian ancestry around the world sonally adjusted unemployment rate hit a Intel Science Talent Search (STS), a nation- and Lithuanian Americans in celebrating the whopping 7.4 percent in January, up from 6.1 wide competition honoring young people for percent in December and 3.4 percent in Janu- outstanding work in science and research. 84th Anniversary of Lithuanian Independence. ary last year, according to the state Labor I salute all of them for the tremendous con- Department. Jessica’s 10th place prize was the largest tributions to freedom and human dignity which About 69,000 metro Denver residents were awarded to a Long Island finalist this year. they have made. unemployed in January, 21,200 of those in She will receive a $20,000 scholarship prize f Denver County alone. for finishing in the top ten. ‘The last time Colorado’s jobless rate was Jessica is a seventeen-year-old senior at ECONOMIC SECURITY AND higher than the national rate was March South Side High School. Jessica’s project was RECOVERY ACT OF 2001 1990,’ said Tom Dunn, chief economist for the a research project on dance therapy titled state legislative council. ‘‘We have a higher ‘‘Development of a Movement Analysis Instru- SPEECH OF concentration of high-tech employment here and a lot of travel-related jobs, so Colorado ment and its Application to Test the Effect of HON. MARK UDALL has been hit harder. And I think, Sept. 11 in- Different Music Styles on Freedom of Body OF COLORADO troduced a whole new wrinkle (in the econ- Movement.’’ Jessica wanted to determine if omy).’’ IN THE HOUSE OF REPRESENTATIVES one style of music could produce more ex- Dunn said the recession hit Colorado later pressive and freer movement than others. She Thursday, March 7, 2002 than the rest of the nation, so the state will developed an original method for quantifying start to recover later. Mr. UDALL of Colorado. Mr. Speaker, I will Economists were surprised by the size of body movements, something no previous re- support this measure. the state’s increase, as most were predicting searcher had achieved, then found one musi- The bill before us responds to the urgent unemployment of about 5.5 percent in Janu- cal piece that was available in classical, rock, needs of hundreds of thousands of people ary. jazz, dance, and reggae styles—Beethoven’s who are out of work and whose unemploy- ‘‘All bets are off now,’’ Silverstein said. 5th Symphony. Jessica believed that the an- ment benefits have been or soon will be ex- ‘‘It’s hard to say how much higher we might swer could have applications in dance/move- hausted. It also provides important provisions possibly go. The bottom line is that we ment therapy for emotional as well as physical aren’t out of the woods yet.’’ that can help speed up the recovery from re- The unemployment rate is a lagging eco- problems. Her results pointed towards raggae cession and create jobs. nomic indicator, but ‘‘that is still a huge as the most liberating. My only regret is that it has taken so long jump,’’ said Tucker Hart Adams, economist The awards, presented by Intel Corporation, for us to take up this kind of bill. If we had with US Bank honor young people for being the nation’s

∑ 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. E330 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2002 brightest high school seniors. Intel Corporation Services, the Outstanding Public Relations capitulated to the auto industry and labor gave out scholarships totaling $530,000 at an Award for 1979 and 1985 from the Mexican unions. awards ceremony this week which was pre- Patriotic Committee, the Women’s Equality This week, a competing energy bill is being discussed in the Senate. The 500-page Senate cluded by a public exhibition of all 40 of the Award in 1986 from the City of Detroit’s bill, sponsored by Sens. Tom Daschle and students involved in the competition. The Intel Human Rights Department, and the Cesar Jeff Bingaman, is markedly different from STS is America’s oldest and most prestigious Chavez Award in 2001 from the State of the Bush plan. The Daschle bill would in- science competition and is also considered as Michigan Latino Democrats. Rose Aguilar’s crease fuel-economy standards to 35 mpg by the ‘‘Junior Nobel Prize.’’ crusade to raise the standards of activism and 2013. Jessica’s ideas and creativity point to a community outreach programs is one that will It would provide incentives for citizens to bright future. It is reassuring to see such po- be remembered by citizens of this community buy hybrid gas-electric cars such as the tential in our young people. I applaud Jessica for years to come. Honda Insight. It would require that electric for her hard work and ingenuity. Long Island, companies produce 10 percent of their elec- I applaud Rose Aguilar for her leadership tricity from renewable resources such as particularly Nassau County, is proud to com- and commitment, and thank her for dedicating wind by 2020. mend such a talented young individual. her life to serving her city and her community. Critically, the Daschle-Bingaman bill f I urge my colleagues to join me in saluting her would not open ANWR to drilling. for her exemplary years of service. The Daschle-Bingaman bill represents a TRIBUTE TO ROSE M. AGUILAR f less-lopsided approach to the nation’s energy picture. It would focus both on increased HON. DAVID E. BONIOR RECOGNIZING THE IMPORTANCE production of traditional sources of energy and on conservation and alternative energy. OF MICHIGAN OF CLEAN ENERGY This plan has drawn fire from both ends of IN THE HOUSE OF REPRESENTATIVES the spectrum. Wednesday, March 13, 2002 HON. MARK UDALL Greenpeace dubbed the Daschle plan ‘‘Bush OF COLORADO lite.’’ Sen. Frank Murkowski, the Alaska Re- Mr. BONIOR. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES publican, suggested that the Daschle plan recognize a woman who has dedicated so would make the nation less secure. ‘‘The many years to serving her city and her com- Wednesday, March 13, 2002 House has done its job (in passing the Bush munity, Rose Aguilar. Her remarkable achieve- Mr. UDALL of Colorado. Mr. Speaker, I wish bill). The job of the Senate remains in front of us. But I think most members would ments have brought so many families and to insert into the RECORD an editorial pub- communities together in an effort to educate agree, our energy policy is a critical first lished in the ‘‘Boulder Daily Camera’’ on step in this challenge. And it is a challenge. and promote political action and community March 6. The editorial comes at a critical time, service. As members and friends of the It is a challenge when we fight for freedom, as the Senate is even now debating an energy when we seize the day for democracy.’’ Wayne County Chapter of the Hispanic Demo- bill that could lead us in the right—or wrong— But while framing the energy debate as a crats gathered together on Saturday, March 2, direction. The piece ends by calling on the fight for democracy, Murkowski argued that 2002 to honor Rose, a longtime friend and ad- Senate to recognize conservation and alter- Americans should not be called upon to sac- vocate of the civic affairs and community serv- native energy as not just personal virtues, but rifice. ‘‘We turn to energy as we look at the ice, they honored her with a celebration of ac- as ‘‘important components of a national en- standard of living that Americans enjoy. If it is an SUV, it is an SUV because Americans tivism, laughter, and memories. ergy policy.’’ I couldn’t agree more. A leader and an activist all her life, Rose prefer that as opposed to being dictated by Aguilar was the first Hispanic female to be DEMAND LESS DEMAND government as to what type of an auto- In recent months, some have complained mobile they have to drive.’’ hired at an all-male YMCA, as Director of Pro- The United States uses one-quarter of the grams and Community Service. As an employ- that the United States needs an over-arch- ing, under-girding energy policy. They are, world’s energy. Here in the world’s largest ment specialist in the Wayne County office on in fact, right. energy sink, conservation and alternative Aging and as a community development spe- President Bush has proposed an energy pol- energy are not just personal virtues. They cialist for the Wayne County Community De- icy that emphasizes increased production of are important components of a national en- velopment Block Grants Division, her efforts oil, gas and electricity and places relatively ergy policy. In a clear and convincing voice, for Wayne County have been relentless. little emphasis on conservation and alter- the Senate should say so. native energy. The Bush plan, whose funda- Working as a victim advocate for the Wayne f County Prosecutor’s office until 1994, she was mental components were approved by the instrumental in assisting Hispanic domestic vi- House of Representatives last year, includes CONGRATULATING THE GIRL a provision allowing for oil drilling in the SCOUTS FROM NASSAU COUNTY olence and homicide victims. Returning to full Arctic National Wildlife Refuge, one of the time employment through her involvement with last true wilderness areas. migrant children, her work with the Committee The energy bill passed by the House was HON. CAROLYN McCARTHY of Concerned Spanish Speaking Americans predicated on the assumption that we are in OF NEW YORK led her to serve not only in local parent groups an energy crisis and that the best way to IN THE HOUSE OF REPRESENTATIVES but at the state level as well. Her leadership confront this crisis is to increase energy pro- continues today, as she is Vice-Chair of the duction as rapidly as possible. That’s the Wednesday, March 13, 2002 stated justification for drilling in ANWR, Hispanic Democrats of Wayne County, the Mrs. MCCARTHY. Mr. Speaker, this week and that’s the clear rationale for handing $34 only all Hispanic Democrats group, and con- billion in subsidies to oil, gas and nuclear in- my Girl Scouts from Nassau County came to tinues to remain active in several other polit- dustries. Washington for their Anniversary Gala and vis- ical and civic organizations. Curiously, the Bush-backed energy bill ited me at my office. For nearly a century, Girl Demonstrating outstanding dedication and does not appreciably boost efficiency stand- Scouts of the USA has served as an inspira- commitment throughout the years, Rose ards for the nation’s automobiles. The House tional and positive movement in America’s his- Aguilar has truly led her community in a new killed an amendment that would have sharp- tory. With more than 50 million alunmae in the direction, creating and developing programs ly raised the fuel-efficiency standards for the U.S. today, including myself, the Girl Scouts that have advanced Detroit’s political and nation’s sport-utility vehicles and light have made a lasting mark on sports, science, trucks—to an average of 27.5 miles per gal- community outreach services. She was Vice lon, the standard that cars now meet. Such politics, public service and many other fields Chairwoman and former Board Trustee of the an increase would obviate the demand for too numerous to list. New Detroit Self Determination Committee, ANWR oil. Today, March 12, 2002, is the 90th anniver- Vice Chairwoman of the Public Safety and The House rejected the higher fuel stand- sary of the first Girl Scout assembly in Savan- Justice Committee, Executive Board member ards because a study concluded that the im- nah Georgia. Juliette Gordon Low brought to- of Police Community Relations at Precinct 4, position of fuel-efficiency standards coin- gether 18 local girls with a determined goal to Assistant Director of LA SED, and Commis- cided with a higher highway fatality rate. A bring girls out of isolated home environments sioner of the City of Detroit Senior Citizens National Academy of Sciences study last and into community service and the outdoors. year opined that tough fuel-economy stand- Committee, to name a few. Additionally, ards imposed three decades ago might have Much like today, girls in 1912 hiked, played Rose’s outstanding efforts have not gone un- caused an additional 100 deaths or so annu- basketball, went on camping trips, learned recognized, as she has been honored with ally. The Academy’s report also argued that how to tell time by the stars and studied first prestigious awards like the 1978 Governor’s the safety concerns could be satisfactorily aid. With nearly four million members today, Award as Outstanding Latina in Community addressed. That didn’t faze the House, which Girl Scouts of the USA is committed to helping CONGRESSIONAL RECORD — Extensions of Remarks E331 communities, developing skills in everything location on Puritan St. in Detroit, where they sity of Kansas in 2000. He is a Fellow of the from sports to science, and encouraging our have flourished in faith and service for the last Geological Society of America, the American future leaders. 15 years. Leading three hundred and twelve Association for the Advancement of Science, In celebration of nine decades of excellence souls to Christ, including three preachers, and the California Academy of Sciences. He is and accomplishments, Girl Scouts of the USA Pastor Jones has shown a special dedication a member of the board of directors of the will be hosting its 90th Anniversary gala in to leading the effort to make a positive dif- American Association of University Administra- Washington, D.C. A select group of 10 ex- ference in the lives of others. Demonstrating tors. In addition, he is a member of the Board traordinary American women will also be hon- unwavering support and commitment to his of Directors of the California State Automobile ored for serving as role models for today’s Girl belief in community as well, Rev. Jones has Association and a Trustee of the California Scouts. These women exemplify how all girls been an active force in his city. Serving as the State Parks Foundation. can achieve greatness. They will be honored President of the Clergy United for Today and Mr. Speaker, it is appropriate that on the oc- with the Girl Scouts’ National Women of Dis- Tomorrow as well as first Vice-Moderator for casion of his retirement we recognize Dr. tinction Juliette Award. Proceeds from this the Southern District Association, Pastor Alistair W. McCrone for his vision and leader- evening event, their first national awards and Jones has maintained a solid commitment to ship and for his contributions and service to fundraising dinner, will benefit the ‘‘Girl Scout- promoting leadership and activism within the the people of our country. ing: For Every Girl, Everywhere’’ initiative, community. His distinguished service and re- helping to expand accessibility and opportunity markable dedication to improving the lives of f for all girls. people through faith will assuredly continue to TRIBUTE TO THE MOBILE As our great nation looks to forge ahead serve as an excellent example to communities INTERNATIONAL FESTIVAL into the next century, we, as Americans, can everywhere. rest assured that new leaders will emerge I applaud Reverend Jessie Jones for his from organizations like Girl Scouts. Young leadership, commitment, and service, and HON. SONNY CALLAHAN women of today learn how to accept chal- urge my colleagues to join me in saluting him OF ALABAMA lenges, be self-confident, internationally con- for his exemplary years of faith and service. IN THE HOUSE OF REPRESENTATIVES scious, and assertive beginning in the Girl f Wednesday, March 13, 2002 Scouts. These valuable skills are reinforced and cultivated in every girl who participates in HONORING ALISTAIR W. MCCRONE Mr. CALLAHAN. Mr. Speaker, I rise today in Girl Scouts. Our future looks bright with girls recognition of Mobile International Festival, the all over the country striving to do their best. HON. MIKE THOMPSON first and oldest event of its kind in the Gulf I want to congratulate the Girl Scouts of OF CALIFORNIA Coast region. Founded in 1983, Mobile Inter- national Festival has helped to educate school Nassau County and the Girl Scouts of the IN THE HOUSE OF REPRESENTATIVES children and share with the general public an USA on 90 years of outstanding work and I Wednesday, March 13, 2002 wish them continued success in the future. event of cultural arts, foreign languages and world history. It has showcased Mobile’s own f Mr. THOMPSON of California. Mr. Speaker, I rise today to recognize Alistair W. McCrone, rich heritage and promoted appreciation of di- TRIBUTE TO REVEREND JESSIE D. President, Humboldt State University, Arcata, verse cultures worldwide. JONES AND NEW ISRAEL BAP- California, who, on April 11, 2002, is being Every week before Thanksgiving, Mobile TIST CHURCH honored by the Humboldt State University International Festival brings a cultural, fun- Alumni Association with the Distinguished filled family experience of over 60 countries HON. DAVID E. BONIOR Service Award on the occasion of his retire- from Mobile’s international community. Its stat- OF MICHIGAN ment. ed mission is to ‘‘encourage a spirit of friend- IN THE HOUSE OF REPRESENTATIVES Dr. Alistair McCrone, a native of Regina, ship between students, community and the Saskatchewan, Canada, received his B.A. in growing numbers of immigrants and inter- Wednesday, March 13, 2002 geology from the University of Saskatchewan, national citizens; to strengthen understanding Mr. BONIOR. Mr. Speaker, the New Israel his Master of Science degree from the Univer- and acceptance among people of different cul- Baptist Church has a noble mission: to preach sity of Nebraska and his Ph.D. from the Uni- tures; to provide an opportunity to share in the the Good News, teach divine truth and heal versity of Kansas. He began his career as a uniqueness of each heritage through art, life by the power of God. A lifelong leader and petroleum geologist in western and sub-arctic music, dance, food, flags, and cultural exhibits devoted pastor, Reverend Jessie D. Jones Canada. For eleven years he taught geology from over 60 countries; and to provide edu- has truly demonstrated his commitment to ad- at New York University. From 1970 to 1974 he cational and cultural activities which promote vancing this mission across southeastern served as academic vice president at the Uni- an awareness and appreciation of our city’s Michigan, as pastor of the New Israel Baptist versity of the Pacific. rich cultural heritage.’’ Church. Today, as the members and friends of Dr. McCrone became the fifth President of The festival enhances the many cultures Rev. Jones gathered to celebrate his birthday, Humboldt State University in 1974. Under his that are found in Mobile and nearby counties. they paid tribute to his outstanding years of leadership, the university earned a notable Teachers have used the festival as a teaching activism, leadership, and faith. reputation for academic excellence and inno- tool and part of their curriculum. The festival Born in the late 1930’s in Arkansas, Rev. vative programs in higher education. During supplements their studies in Geography, For- Jones was the youngest of eight children born his distinguished tenure, Humboldt State Uni- eign Languages, Art, Social Studies and to Mr. and Mrs. Lincoln Jones. Confessing versity received national recognition for its par- Home Economics. Christ at the age of fourteen at the Mount ticipation in the Peace Corps, its programs in The festival has contributed to the quality of Olive Baptist Church in Dumas, Arkansas, environmental studies and its high rate of life of Mobile’s citizens. Due to the importance Rev. Jones went on to serve in the United graduates who later earn doctoral degrees, of this cultural event to the community, Mobile States Army for two years after completing his particularly in the sciences and engineering. International Festival participates in many education. Accepting his calling into the min- Dr. McCrone and his wife, Judith Saari community-oriented activities representing the istry at Burnette Baptist Church, he was li- McCrone, are highly esteemed on the North international community and assists the City of censed and ordained under the guidance of Coast of California for their dedication and Mobile and Mobile County in selected events. Dr. J. Allen Caldwell. After completing two service to the community. In their honor, Hum- In today’s ever-shrinking world, where coun- years of Bible college at Tysdale University, boldt State University established the Alistair tries and cultures are increasingly required to Rev. Jones’s drive for faith led him to receive and Judith McCrone Graduate Fellowship interact and co-exist, Mobile International Fes- his doctrine degree of Divinity at the Detroit Fund in October 2001. Dr. McCrone has em- tival serves as model for education and under- International School of Ministry. phasized the importance of graduate studies standing between people of all different back- Pastor and founder of the New Israel Baptist and has had the support of his colleagues in grounds. Church in Detroit, Rev. Jones has dedicated his wish to see the University become a lead- Mr. Speaker, I am proud that my district over 15 years to his vision for New Israel. Be- er in the field of graduate education. plays host to this noble and important event. ginning in a one room store front on West Alistair McCrone has earned many distin- I believe the values it teaches are not only im- Eight Mile Road in May of 1984, three years guished honors and awards for his accom- portant for all Americans, but for all mankind, of visualizing, praying, and preaching led Rev. plishments. He received the Erasmus Haworth as we try to make our world a better place for Jones and his congregation to their beautiful Distinguished Alumnus Award from the Univer- future generations. E332 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2002 IN HONOR OF SOUTH PASADENA AMBASSADOR RICHARD SCHIFT- tive of the United States War Refugee Board. LITTLE LEAGUE ER’S INSIGHTS ON THE RAOUL It was that agency of the United States Gov- WALLENBERG CASE ernment that provided him with the stand- ing necessary to carry out the tasks that he HON. ADAM B. SCHIFF undertook. OF CALIFORNIA HON. TOM LANTOS It is worth noting, in this context, that IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Wallenberg would not have gone to Buda- IN THE HOUSE OF REPRESENTATIVES pest, the tens of thousand would not have Wednesday, March 13, 2002 been saved, and Tom and Annette Lantos Mr. SCHIFF. Mr. Speaker, I rise today to Wednesday, March 13, 2002 might not be with us today if a bureaucratic honor South Pasadena Little League which Mr. LANTOS. Mr. Speaker, a few weeks coup had not been carried out in the Roo- will be celebrating its 50th anniversary on Sat- ago the American Jewish Committee held an sevelt Administration, with strong Congres- urday, March 9, 2002. For 50 years, South extremely interesting briefing on the case of sional support, in January 1944. The persons who initiated the coup were four mid-level Pasadena Little League has offered young- Raoul Wallenberg, the Swedish diplomat who officials of the Treasury Department, John sters an opportunity to enjoy the numerous saved thousands of Hungarian Jews in the Pehle, Josiah DuBois, Randolph Paul, and benefits of organized athletics and community last days of the Holocaust of World War II. Ansel Luxford. events. Wallenberg disappeared into the horrors of the These Treasury officials had become in- South Pasadena Little League, at the time Soviet Gulag in January of 1945, and his fate creasingly concerned with the failure of the of its founding, was the only organized sport is still not known. State Department to lift a finger to assist in in the City of South Pasadena. Over the last This event commemorated the twentieth an- the rescue of those European Jews who had half century, the league has grown consider- niversary of the designation of Raoul at least a slim chance of escaping the Nazi death machine. The State Department lead- ably, and this season, over 700 young boys Wallenberg as an Honorary Citizen of the ership consisted in those years of the Sec- and girls, ranging in age from 5 to 14, will par- United States. The legislation to make retary, one Under Secretary, and four Assist- ticipate in baseball and softball. Wallenberg an honorary U.S. citizen was my ant Secretaries. The benefits of participation in South Pasa- first congressional action when I entered Con- The Assistant Secretary supervising the dena Little League are extensive. Over the gress. I hoped that if Wallenberg were a U.S. Visa Division, Breckinridge Long, had been years, South Pasadena Little League has in- citizen, our government would be in a stronger given responsibility for European refugee stilled in its participants a sense of character position in our attempt to find and free him. It policy. As to Jews his policy was very sim- and loyalty and has set forth a framework to also brought greater public attention to the ply: don’t let them come to the United teach teamwork, sportsmanship, and fairplay. Wallenberg story and his great courage and States. Further, given the concerns of the British Foreign Office that Jews might want The league not only affects those who partici- heroism. to migrate to the Mandate of Palestine, the pate as athletes but also the entire community Mr. Speaker, The American Jewish Com- United States, under Long’s policies, was not of spectators, parents, and donors. Each year, mittee event featured a number of people who to help in any rescue effort. As the United members of the community donate more than have spent many years trying to solve the Kingdom had advised the United States: $20,000 to ensure the vitality of the league. Wallenberg mystery. The Chair of AJC’s Inter- ‘‘The Foreign Office are concerned with the It is my pleasure to recognize such a worth- national Relations Commission, Ambassador difficulties of disposing of any considerable while organization and I ask all Members of Richard Schifter, made remarks that were par- number of Jews should they be rescued from the United States House of Representatives to ticularly insightful and important. Ambassador enemy occupied territory.’’ It is evident that by letting them be killed, one avoided the join me in congratulating South Pasadena Lit- Shifter brings a wealth of experience as a sen- difficulty of disposing of them. tle League as they celebrate 50 years of offer- ior United States diplomat and as a respected Further, so as not even to get the issue dis- ing young people a positive environment in attorney. I would like to share his remarks with cussed in Washington, the U.S. Legation in which to grow and learn. my colleagues, and request that they be Bern, which was in receipt of information f placed in the RECORD. about the magnitude of the Holocaust, was explicitly instructed not to transmit such in- [From AJC Lunch on Raoul Wallenberg, Feb. MALCOLM S. PRAY, JR. NAMED formation to Washington. 13, 2002] ‘‘CITIZEN OF THE YEAR’’ But the United States Government had an- THE RAOUL WALLENBERG CASE other mission in Bern. It was staffed by per- HON. CHRISTOPHER SHAYS (By Ambassador Richard Schifter) sonnel from the Treasury Department’s Divi- The cause of democracy, the rule of law, sion of Foreign Funds Control. Its task was OF CONNECTICUT and human rights, the great product of the to enforce the Trading-with-the-Enemy Act. IN THE HOUSE OF REPRESENTATIVES Enlightenment, is now for the third time in It was that mission which continued to Wednesday, March 13, 2002 less than one hundred years under attack transmit information on the Holocaust and from totalitarians. As we move forward to on the State Department’s failure to take Mr. SHAYS. Mr. Speaker, I rise to commend deal with this latest onslaught, it is fitting action. The four officials that I have men- my constituent and good friend, Malcolm S. for us to remember a great hero in the strug- tioned, none of whom, I should note, was Pray, Jr. on being named ‘‘Citizen of the Year’’ gle against the first totalitarian attack, the Jewish, became increasingly concerned and by the Greenwich, Connecticut Rotary Club. I Nazis, who, sadly, fell victim to the second, finally decided to write a report to the Sec- truly cannot think of an individual more de- the communists. retary of the Treasury. It was entitled ‘‘Re- port to the Secretary on the Acquiescence of serving of this award. It was in the hell on earth created by the evil forces at work two generations ago that This Government in the Murder of the Over the years, Malcolm’s love of his town Raoul Wallenberg, a man of decency and Jews.’’ It was a severe indictment of the and dedication to serving the community have truly uncommon courage appeared in 1944. State Department. been exemplary. His civic activity in greater- Arriving in Budapest in the summer of that Secretary of the Treasury Morgenthau was Greenwich has truly run the gamut—ranging year, he demonstrated what one courageous quite shaken by the Report and decided to from the Boy Scouts, to the Boys and Girls person committed to a righteous cause could take it to President Roosevelt. Treasury also Club, to the Greenwich Symphony, to the Gar- accomplish in the fight against those who prepared a plan to take responsibility for ref- den Club and the Greenwich Red Cross. murder at will. Taking risks, using his inge- ugees from the State Department and create As a prominent automobile dealer, Malcolm nuity, working day and night out of the a separate rescue agency. President Roo- sevelt accepted the plan, without even has served as president of state, national, and other neutral countries into action, he saved tens of thousands of Hungarian Jews from checking with the State Department. The international automobile dealers trade associa- certain death. Executive Order that established the War tions. Whether chairing the Soap Box Derby or Tom and Annette Lantos witnessed it all. Refugee Board a few days later, and John W. showing his impressive personal automobile And they did not forget. Tom must once Pehle, the leader of the Treasury Depart- collection to aficionados, Malcolm is equally at again be thanked and congratulated for hav- ment effort, became its Executive Director. home and willing to share his passion for ing provided a fitting memorial for Raoul The speed with which this bureaucratic automobiles with others. Wallenberg’s unforgettable accomplish- coup was carried out—it all happened in a Greenwich is truly a better place to live and ments. Tom’s very meaningful gesture is matter of days—was undoubtedly the result of the fact that if the Administration did not work thanks to Malcolm Pray, and it is an most certainly deeply appreciated by the Wallenberg family and by many other move forward without delay, Congress would honor for me to join the Greenwich Rotary and Swedes. enact legislation calling for the establish- his larger community in taking the opportunity Although his cover was that of a Swedish ment of a refugee agency. The leader of elev- to recognize his outstanding commitment by diplomat, Raoul Wallenberg has volunteered en other Senators, including Senator Robert naming him ‘‘Citizen of the Year.’’ for his work in Budapest as the representa- Taft of Ohio. It was this combination of CONGRESSIONAL RECORD — Extensions of Remarks E333 Treasury officials and Members of Congress labor certification filings, I would have voted TRIBUTE TO JEANNE BRADY that at long last got the United States en- ‘‘aye.’’ LORENZ, FIRST ANNUAL GOV- gaged in the rescue effort, whose greatest ERNOR’S UNSUNG HEROINE hero is indeed Raoul Wallenberg. AWARDS HONOREE It is thus particularly appropriate for this f memorial event to take place on Capitol Hill. It is Congress that for decades has in- ENHANCED BORDER SECURITY HON. DAVID E. BONIOR sisted that the foreign policy of the United AND VISA ENTRY REFORM ACT OF MICHIGAN States must be infused with moral content OF 2002 IN THE HOUSE OF REPRESENTATIVES and it has succeeded. Tom Lantos, who has been witness to the history that we recount Wednesday, March 13, 2002 today, has been a truly outstanding leader in SPEECH OF Mr. BONIOR. Mr. Speaker, I rise today to this effort. We are indebted to him. HON. SOLOMON P. ORTIZ recognize a woman who has dedicated so f many years to serving her city and her com- OF TEXAS munity, Jeanne Lorenz. Her remarkable TRIBUTE TO STUDENTS OF ALL achievements have brought so many families IN THE HOUSE OF REPRESENTATIVES SAINTS ACADEMY IN BREESE, and communities together in an effort to edu- ILLINOIS Tuesday, March 12, 2002 cate and promote racial and ethnic justice. As the Michigan Women’s Commission held the HON. JOHN SHIMKUS Mr. ORTIZ. Mr. Speaker, I want to thank First Annual Governor’s Unsung Heroine OF ILLINOIS Chairman SENSENBRENNER and Ranking Mem- Awards, they honored the contributions of ber CONYERS for bringing HR 1885 to the floor IN THE HOUSE OF REPRESENTATIVES women in communities across Michigan today. The issue of border security and the whose work has otherwise gone unrecog- Wednesday, March 13, 2002 extension of section 245(i) are truly important nized. Gathering together on Tuesday, March Mr. SHIMKUS. Mr. Speaker, I rise today to issues, and I’m glad that they are being ad- 5, 2002, the Michigan Women’s Commission pay tribute to the students of All Saints Acad- dressed. I support HR 1885, the Enhanced chose to honor Jeanne Lorenz, a longtime emy in Breese, Illinois, and their important and Border Security and Visa Entry Reform Act, friend and advocate of civil rights and commu- heartwarming efforts to help those affected by for many reasons, namely because it insures nity service. terrorism. safety for the people within this country’s bor- A leader and an activist all her life, Jeanne On October 11th, 2001, President Bush ders. This bill provides the tools necessary for Lorenz has lived her life by her principles and made a request of the children of America. He the U.S. Customs and the Immigration and has dedicated her life to teaching these prin- challenged each of them to earn and send in Naturalization Service to better serve the ciples to others. As an active member of the one dollar. This money, sent by the kindness American people. Interfaith Center for Racial Justice in Macomb of the children of the United States, will be The bill also has a provision to extend the County for over 30 years and Secretary of its used to reach out to the unfortunate children border crossing card deadline for residents Executive Board for more than 20 years, her in far off Afghanistan. along the Southwestern border of the United efforts for her community have been truly self- The students of All Saints heard and met States. This extension will provide a much- less. Beginning in 1971 with monitoring the that challenge. I recently received a check for needed boost to the economies that have suf- local newspapers and courts and organizing a $1,000, made out to America’s Fund for Af- fered since the tragic attacks of September program called Peaceful Schools during anti- ghan Children—that’s more than one dollar for 11th. After the attacks, Congress stopped bussing demonstrations, Jeanne participated each student in All Saints, and more than our work on a stand-alone bill with bipartisan sup- in a wide variety of activities to promote civil President requested. port to extend the deadline for one year to Oc- rights. As one of the primary cooks for the first The students, parents, faculty, and mem- tober 1, 2002. With this extension, shop own- few annual Martin Luther King Holiday Cele- bers of the Breese community should be rec- ers that were forced to close their doors after brations in Macomb County, an event which ognized for this fine effort. The terrorists be- the deadline passed will once again be able to raised money to purchase books on racial di- lieved they could accomplish their goals with open them. People granted the extension can versity for school libraries, Jeanne was inte- the murder of American innocents; but the use their border crossing cards to go to gral in the fight to promote racial under- American citizens have responded with aid to school, to go to work, to go shopping, or to standing in her community. This determination the innocents of Afghanistan. Nothing else just merely visit their families. They will con- and commitment to civil rights led her to help could better show how utterly Al Qaeda has tinue being productive members of society of defuse racial tensions at a local high school at failed. the border economy. the request of the Lake Shore Schools super- Mr. Speaker, as President Bush said in his intendent. Forming an advisory group to re- announcement of the Fund for Afghan Chil- The Southwestern border, according to a re- lieve racial tensions, she helped this group dren, ‘‘One of the truest weapons that we cent U.S. Chamber of Commerce report, has later evolve into the Committee for Racial and have against terrorism is to show the world a population of 6.2 million people in the U.S. Ethnic Understanding, a group that provided a the true strength of character of the American and approximately 4.3 million people in Mex- forum for communication and sponsored eth- people.’’ The children of All Saints have ico. The buying power of border residents is nic fairs. shown that character, and they deserve our immense and the economy of South Texas Demonstrating outstanding dedication and thanks. May God bless them, and may God depends on their participation in our market commitment throughout the years, Jeanne bless the United States of America. place. In my district alone, 75–80% of Browns- Lorenz has also been active in community out- ville’s downtown retail sales normally come f reach, working in programs that have helped from people crossing the border. Since Sep- advance her local community. An active mem- PERSONAL EXPLANATION tember 11th this number has dropped. This ber of St. Gertrude’s Church, Jeanne served same report also cites the border crossing as the first elected female president of the St. HON. ANTHONY D. WEINER card deadline as one of the main reasons that Gertrude Parish Council and served on the fewer people are crossing the border. The Christian Service Commission. Using her train- OF NEW YORK economic effects of the attacks in September IN THE HOUSE OF REPRESENTATIVES ing as a home economics teacher, Jeanne or- were bad for the country; they were dev- ganized a funeral luncheon program at St, Wednesday, March 13, 2002 astating for the Southwestern border. Gertrude’s Church in St. Clair Shores and pre- Mr. WEINER. Mr. Speaker, I was unavoid- The Southwestern border is vitally important pares and serves meals periodically with her ably detained in my District on Tuesday, to the United States. It is the gateway to the volunteers at the Salvation Army in Mount March 12, 2002, and I would like the RECORD United States from Latin America, it is the Clemens. She also cooks for the McRest to indicate how I would have voted had I been port-of-entry for one of our most valued trad- Homeless Shelter program at her church and present. ing partners, and it represents the rich diver- directs the kitchen crew at the Interfaith Care For rollcall vote No. 53, the bill to expand sity of immigrants on which this country was Givers’ Annual Spaghetti Fund Raiser. Jeanne the class of beneficiaries who may apply for founded. This bill is an excellent first step in Lorenz’s crusade to raise the standards of ac- adjustment of status under section 245(i) of recognizing that fact. Again, I thank Mr. SEN- tivism and community outreach programs is the Immigration and Nationality Act by extend- SENBRENNER and Mr. CONYERS for their ac- one that will be remembered by citizens of this ing the deadline for classification petition and tions. community for years to come. E334 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2002 I applaud Jeanne Lorenz for her leadership Chief O’Donnell’s presence will be sorely Just as I will never forget my friend Tip and commitment, and thank her for dedicating missed at the fire houses of Daly City, but his O’Neill, I will forever keep with me the many her life to serving her city and her community. legacy of achievement will continue to inspire happy memories of my times with Jim Rowan. I urge my colleagues to join me in saluting her the brotherhood of professional firefighters. I My wife Alma and I extend our prayers to for her exemplary years of service. hope he enjoys his retirement, he’s earned it. Francis and the family, and share in their grief f f over the loss of a great husband, father and friend. TRIBUTE TO DALY CITY FIRE PROCLAMATION RECOGNIZING CHIEF BOB O’DONNELL FIREFIGHTER WILLIAM L. [From the Boston Herald, Mar. 13, 2002] HENRY—RESCUE TEAM NO. 1 JAMES ROWAN SR., AIDE TO HOUSE SPEAKER HON. TOM LANTOS O’NEILL OF CALIFORNIA HON. MAJOR R. OWENS James P. Rowan Sr. of East Boston, a sen- IN THE HOUSE OF REPRESENTATIVES OF NEW YORK ior political aide to the late House Speaker Wednesday, March 13, 2002 IN THE HOUSE OF REPRESENTATIVES Thomas P. O’Neill Jr., died Sunday at his Wednesday, March 13, 2002 home, after heart failure due to a brief ill- Mr. LANTOS. Mr. Speaker, I invite my col- ness. He was 79. leagues to join me today in paying tribute to Mr. OWENS. Mr. Speaker, as a tribute to ‘‘Jim Rowan was one of Tip O’Neill’s right- one of the San Francisco Bay Area’s most Firefighter William L. Henry of Rescue Team hand guys, especially on the Massachusetts dedicated and distinguished public servants, Number 1, a member of the Vulcan’s Society front. He was full of colorful stories and had recently retired Daly City Fire Chief Bob and one of the fallen heroes of September a great heart. Few were better at hearing a O’Donnell. During Chief O’Donnell’s remark- 11th, I would like to insert the following procla- working person’s problem and pushing the right buttoms in the federal bureaucracy to able thirty year career in the Fire Department mation into the RECORD: he left an indelible legacy on the community get it solved,’’ said Herald political col- Whereas, September 11, 2001 was a day of umnist Wayne Woodlief. he served with extraordinary passion and pro- horror and tragedy that will forever live in fessionalism. the memory of Americans, and; A lifelong resident of East Boston, Mr. In the wake of September 11th, the Amer- Whereas, more than 3,000 people from Rowan attended the High School of Com- ican people have come to better understand many occupations, nationalities, ethnic merce in Boston, the University of Missouri the heroic commitment of our nations fire- groups, religions and creeds were brutally and Suffolk University. He also studied at Calvin Coolidge School of Law. fighters in serving the public. Risking life and murdered by terrorists, and; Whereas, members of the New York City He served with the Navy in the Pacific for limb to protect the community is part of their two years during World War II. daily job. Bob O’Donnell lived up to the high- Fire Department, New York City Police De- partment, Port Authority and other Public Mr. Rowan joined the Massachusetts House est ideals of public service through his Safety Personnel, through their valiant, cou- member’s staff in 1953 and was a senior polit- thoughtful leadership, and we should all thank rageous and heroic efforts saved the lives of ical aide to Speaker O’Neill for 33 years. He him for his outstanding labors on behalf of the thousands under unprecedented destructive served as O’Neill’s coordinator for district people of San Mateo. circumstances; and; service programs and political affairs until As a young boy, Bob O’Donnell dreamed of Whereas, more than 300 New York City the House speaker’s retirement in early 1987. becoming a fire fighter, and that dream was Firefighters lost their lives in the effort to He also served as a consultant for the Demo- realized when, in 1972, at the age of twenty- save others, and cratic Congressional Campaign Committee six, he joined the San Mateo Fire Department. Whereas, Congressman Major R. Owens and for several years beginning in the late 1960s, the people of the 11th Congressional District His leadership skills and talent did not go un- when O’Neill was national chairman of the salute the bravery and dedication of all who group. noticed and was promoted to Fire Engine Op- gave their full measure of devotion, and; erator in 1979, and then quickly rose to Fire During the past 14 years, he had served as Whereas, we deem it appropriate to high- a senior consultant to Cassidy and Associ- Captain. By 1985, Bob was awarded the high- light the courage and valor of individuals ates, Washington, D.C., and specialized in est of honors when he was named firefighter and groups in a variety of forms and cere- international issues. He was also president of of the year of Daly City. A year later, he was monies: Now therefore be it J.P.R. Consulting Inc., Boston. He had pre- named Administrative Battalion Chief and then Resolved: That on this 10th Day of March, viously served as an insurance broker and a Operations Battalion Chief. Two Thousand and Two, Congressman Major Boston area bank director. R. Owens, and representatives of the people In 1997, his service record and leadership Mr. Rowan had brief roles in two motion of the 11th Congressional District, pause to pictures. He was an avid racing enthusiast skills brought him to the pinnacle of his profes- salute the sacrifices of these honored men, and owned horses that ran at several eastern sion, Fire Chief of Daly City. During his thirty and to offer their heartfelt condolences to state race tracks. years in service, Bob became a forerunner in families of these African American Fire- the field of fire safety by becoming one of the fighters who died at the World Trade Center Mr. Rowan is survived by his wife, Francis state’s most active proponents of fire preven- on September 11, 2001. (Brown); two sons, Daniel and James P. Jr., tion and community fire safety education pro- That the text of this resolution shall be both of East Boston; and his sister, Frances of East Boston. grams. From 1989 through 1996, he served as placed in the Congressional Record of the United States House of Representatives. A funeral Mass will be celebrated at 10 a.m. the department’s Public Education Coordinator Given by my hand and seal this 10th day of Friday at Out Lady of the Assumption and led numerous efforts to educate the com- March, Two Thousand and Two in the Year Church, East Boston. munity on fire safety. of our Lord. A memorial service will be conducted in Chief O’Donnell’s list of accomplishments is Washington, D.C., at a later date. f long. In the mid-80’s he successfully fought for His ashes will be scattered at Saratoga grants which secured smoke detectors for low- JIM ROWAN: TIP O’NEILL’S RIGHT- Race Course, Saratoga Springs, N.Y., during income citizens. His integrity as well as the re- HAND MAN the August meet. spect he garnered from his fellow firefighters Arrangements by McGrath Funeral Home, made him the natural choice to lead efforts in HON. CHARLES B. RANGEL East Boston. integrating women into the Daly City fire de- OF NEW YORK partment in 1986. His sensitivity and leader- IN THE HOUSE OF REPRESENTATIVES f ship in the matter made Daly City a model for other fire departments. As Fire Chief, Bob Wednesday, March 13, 2002 RECOGNIZING HAMMEL ELEMEN- O’Donnell’s leadership was pivotal in devel- Mr. RANGEL. Mr. Speaker, I rise to com- TARY SCHOOL’S QUILT OF CAR- oping a nationally recognized Joint Partnership mend to my colleagues an obituary which ap- ING Agreement engine-based paramedic program, peared in the Boston Herald reporting on the which involved seventeen in-house para- death—and some of the attributes—of dear medics. He coordinated the Vegetation Man- friend James Rowan, Sr. HON. HILDA L. SOLIS agement Program to remove the highly flam- I’ve known Jim since his years of service OF CALIFORNIA mable gorse plants in Daly City’s Southern Hill with Speaker of the House Thomas ‘‘Tip’’ IN THE HOUSE OF REPRESENTATIVES section, thereby changing the area from a very O’Neill. We worked together in Washington, Wednesday, March 13, 2002 high fire hazard zone to a low hazard zone. traveled the world together with the Speaker, Daly City was the first to achieve this feat in and had a brotherly love and friendship that Ms. SOLIS. Mr. Speaker, I rise today to California. was shared by our families. thank and congratulate the students of CONGRESSIONAL RECORD — Extensions of Remarks E335 Hammel Elementary School for working tire- of the 11th Congressional District, pause to tributions. I am confident he will continue to lessly on the Quilts of Caring (‘‘tapiz de salute the sacrifices of these honored men, shoot straight and true on behalf of hunters, carino’’). These handmade quilts, which they and to offer their heartfelt condolences to archers and wildlife conservationists through- families of these African American Fire- painstakingly pieced together, symbolize their fighters who died at the World Trade Center out the world. commitment to remembering America’s fallen on September 11, 2001. f heroes of Sept. 11, 2001. This project became That the text of this resolution shall be a reality during the past six months because placed in the Congressional Record of the PROCLAMATION RECOGNIZING, SA- of the hardworking efforts of the entire com- United States House of Representatives. LUTING AND COMMENDING FIRE- munity of Hammel Elementary—students, par- Given by my hand and seal this 10th day of FIGHTER KEITH GLASCOE—LAD- ents, teachers and neighborhood friends who March, Two Thousand and Two in the Year DER NO. 21 all joined together to create nine beautiful of our Lord. quilts. f HON. MAJOR R. OWENS Hammel Elementary School’s administrator, GARY BOGNER: INTERNATIONAL OF NEW YORK psychiatric social worker, school psychologist AMBASSADOR OF BOW HUNTING and parents united their volunteer efforts to IN THE HOUSE OF REPRESENTATIVES assist the students in creating the nine quilts Wednesday, March 13, 2002 that have been sent to my district and Wash- HON. JAMES A. BARCIA Mr. OWENS. Mr. Speaker, as a tribute to ington offices, the Pentagon, New York Police OF MICHIGAN Firefighter Keith Glascoe of Ladder Number Department, the Fire Department of New York, IN THE HOUSE OF REPRESENTATIVES 21, a member of the Vulcan’s Society and one East Los Angeles Sheriff’s Station, Los Ange- Wednesday, March 13, 2002 of the fallen heroes of September 11th, I les County Fire Department and the White Mr. BARCIA. Mr. Speaker, I rise today to would like to insert the following proclamation House. It gives me great pride to present such into the RECORD: a fine multi-cultural message of love, faith, honor my good friend and fellow bow hunter, Gary Bogner, as he prepares for his new role Whereas, September 11, 2001 was a day of unity and support that is depicted in each quilt. horror and tragedy that will forever live in It is evident that the children from Hammel as President of Safari Club International and the Safari Club International Foundation. Gary the memory of Americans, and; Elementary share a common vision for a Whereas, more than 3,000 people from healthier and more peaceful future, and I am and I share a love of big game hunting and I many occupations, nationalities, ethnic proud that they have not surrendered to hate- have enormous respect and admiration for him groups, religions and creeds were brutally ful messages of violence or vengeance. as a hunter and as a leader in wildlife con- murdered by terrorists, and; I commend the students and surrounding servation. Whereas, members of the New York City community members of Hammel Elementary A native of Muskegon, Michigan, Gary Fire Department, New York City Police De- traces his passion for the outdoors to his partment, Port Authority and other Public and thank them for portraying such wonderful Safety Personnel, through their valiant, cou- act of kindness and patriotism that serve as a youth when he first began hunting small game and whitetail deer. The son of a Michigan rageous and heroic efforts saved the lives of positive reflection of humanity for the entire thousands under unprecedented destructive nation. Conservation Officer, Gary quickly developed circumstances, and; a zeal for wildlife conservation and hunting, f Whereas, more than 300 New York City especially bow hunting. By age 17, he owned Firefighters lost their lives in the effort to PROCLAMATION RECOGNIZING, SA- an archery shop and was producing arrows for save others, and; LUTING AND COMMENDING FIRE- local archers. Today, after more than 45 years Whereas, Congressman Major R. Owens and FIGHTER ANDRE FLETCHER— devoted to archery and bow hunting, Gary is the people of the 11th Congressional District RESCUE TEAM NO. 5 known as the ‘‘International Ambassador of salute the bravery and dedication of all who Bow Hunting.’’ gave their full measure of devotion, and; Whereas, we deem it appropriate to high- HON. MAJOR R. OWENS An avid sportsman, Gary’s hunting skills and light the courage and valor of individuals OF NEW YORK achievements are legendary throughout the and groups in variety of forms and cere- IN THE HOUSE OF REPRESENTATIVES world. He has hunted five continents and has monies: Now therefore be it harvested over 60 different big game species Resolved: That on this 10th Day of March, Wednesday, March 13, 2002 with his bow. He was the first bow hunter to Two Thousand and Two, Congressman Major Mr. OWENS. Mr. Speaker, as a tribute to hunt the former Soviet Union and take a Rus- R. Owens, and representatives of the people Firefighter Andre Fletcher of Rescue Team sian Kamchalka brown bear, Russian Saiga of the 11th Congressional District, pause to Number 5, a member of the Vulcan’s Society antelope, Chukotka moose, Sika stag and a salute the sacrifices of these honored men, and to offer their heartfelt condolences to and one of the fallen heroes of September Marco Polo Argali sheep. He holds an as- families of these African American Fire- 11th, I would like to insert the following procla- tounding number of hunting records. Gary has fighters who died at the World Trade Center mation into the RECORD: taken over 25 African species of big game ani- on September 11, 2001. Whereas, September 11, 2001 was a day of mals and his white rhino currently ranks as the That the text of this resolution shall be horror and tragedy that will forever live in top one ever taken with a bow. In North Amer- placed in the Congressional Record of the the memory of Americans, and, ica, he has more than 29 big game species to United States House of Representatives. Whereas, More than 3,000 people from his credit, including his Safari Club Inter- Given by my hand and seal this l0th day of many occupations, nationalities, ethnic national top-ranked polar bear. Gary is only March, Two Thousand and Two in the Year groups, religions and creeds were brutally of our Lord. murdered by terrorists, and; the fifth bow-hunter to successfully complete Whereas, Members of the New York City the North American Super Slam, harvesting all f Fire Department, New York City Police De- 28 North American big game animals with a partment, Port Authority and other Public bow and arrow. He also is currently the only IN HONOR OF OUR GOOD FRIEND, Safety Personnel, through their valiant, cou- bow hunter to have taken a Marco Polo sheep JAMES P. ROWAN, SR. rageous and heroic efforts saved the lives of with a bow and arrow. thousands under unprecedented destructive In 1995, Gary earned the Safari Club Inter- HON. BENJAMIN A. GILMAN circumstances, and, national World Bow Hunters Hall-of-Honor Whereas, More than 300 New York City OF NEW YORK Firefighters lost their lives in the effort to Award for exhibiting the highest degree of in- IN THE HOUSE OF REPRESENTATIVES tegrity, success in the field and lifetime con- save others, and Wednesday, March 13, 2002 Whereas, Congressman Major R. Owens and tribution to the past and future growth of bow the people of the 11th Congressional District hunting and archery. He deeply believes, as Mr. GILMAN. Mr. Speaker, colleagues, and salute the bravery and dedication of all who do I, that wildlife is a renewable resource and friends, it is with deep sorrow that I address gave their full measure of devotion, and; that hunting plays an important role in its man- our distinguished body today to announce the Whereas, We deem it appropriate to high- agement. Gary credits his wife, Nanette; sons, passing of a committed Bostonian, a devout light the courage and valor of individuals Gary Jr. and Chris; and, daughter, Kimberly, patriot, and our good friend, Jim Rowan, at and groups in variety of forms and cere- monies. Now therefore, be it with allowing him to pursue and achieve his age 79. Resolved, That on this 10th Day of March, dreams For 33 years, Jim Rowan served as a senior Two Thousand and Two, Congressman Major Mr. Speaker, I ask my colleagues to join me political aide to our former Speaker, Thomas R. Owens, and representative, of the people in applauding Gary Bogner for his many con- ‘‘Tip’’ O’Neill, Jr. E336 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2002 For the last 14 years, Jim has served as a Whereas, September 11, 2001 was a day of other than the technique known as somatic senior consultant to the Washington firm of horror and tragedy that will forever live in cell nuclear transfer. Bacteria clone them- Cassidy and Associates, specializing in inter- the memory Americans, and; selves by repeated fission. Plants reproduce Whereas, more than 3,000 people from clonally through asexual means and by vege- national issues, and he was president of many occupations, nationalities, ethnic tative regeneration. J.P.R. Consulting, Inc. groups, religions and creeds were brutally A life-long resident of East Boston, Jim at- Much confusion has arisen in the public, in murdered by terrorists, and; that cloning seems to have become almost tended the High School of Commerce, the Whereas, members of the New York City synonymous with somatic cell nuclear trans- University of Missouri, the Suffolk University, Fire Department, New York City Police De- fer, a procedure that can be used for many and studied at the Calvin Coolidge School of partment, Port Authority and other Public different purposes. Only one of these pur- Law. Safety Personnel, through their valiant, cou- poses involves an intention to create a clone During the Second World War, Jim honor- rageous and heroic efforts saved the lives of of the organism (for example, a human). Leg- ably served 2 years in the U.S. Navy in the thousands under unprecedented destructive islation passed by the House of Representa- Pacific Theater. circumstances, and; tives and under consideration in the U.S. Whereas, more than 300 New York City Senate to ban the cloning of human beings In 1953, Jim Rowan joined Speaker Tip Firefighters lost their lives in the effort to O’Neill’s staff, serving as district representa- actually proscribes somatic cell nuclear save others, and; transfer—that is, any procedure in which a tive, friend, and counsel, until the Speaker’s Whereas, Congressman Major R. Owens and human somatic cell nucleus is transferred retirement in 1987. the people of the 11th Congressional District into an oocyte whose own nucleus has been During the 1960’s, Jim also served as a salute the bravery and dedication of all who removed. As Donald Kennedy remarked in a consultant for the Democratic Congressional gave their full measure of devotion, and; Science editorial last year, the legislation Campaign Committee, while Speaker O’Neill Whereas, we deem it appropriate to high- would interdict a wide range of experimental was its national chairman. light the courage and valor of individuals procedures that in the near future, might be- Jim Rowan had a lust for life. Honesty, in- and groups in a variety of forms and cere- come both medically useful and morally ac- monies now, therefore, be it ceptable. tegrity, his leadership and colorful character Resolved: That on this 10th Day of March, A law that would make it illegal to create will sorely be missed. Two Thousand and Two, Congressman Major embryonic stem cells by using somatic cell Jim Rowan’s commitment to the people of R. Owens, and representatives of the people nuclear transfer would foreclose at least two Boston, particularly to East Boston, his en- of the 11th Congressional District, pause to important avenues of investigation. First, dearing home, has served our Nation well. salute the sacrifices of these honored men, the technique shows promise to overcome and offer their heartfelt condolences to fami- Jim Rowan was one of my closest friends. the anticipated problem of immune rejection lies of these African American Firefighters My wife, Georgia, and I are deeply saddened in stem cell-based therapies to replace a pa- who died at the World Trade Center on Sep- by his passing. tient’s diseased or damaged tissue. Creating tember 11, 2001. Along with his many friends in the House of stem cells with the patient’s own nuclear That the text of this resolution shall be Representatives, in Boston, and around the gernome might theotically eliminate tissue placed in the Congressional Record of the rejection. Second creating stem cell lines by world, we extend our deepest condolences to United States House of Representatives. using the somatic cell nuclei of individuals his wife, Frances, and his two his sons, James Given by my hand and seal this 10th day of with heritable diseases offers an unprece- Jr. and Dan. March, Two Thousand and Two in the Year dented opportunity to study genetic dis- Jim was a great man, a great friend. He of our Lord. orders as they unfold during cellular devel- lived his life to the fullest. opment. A racing enthusiast, Jim owned a number of f race horses, and, much like the race itself, it Both of these goals have nothing to do ‘‘NUCLEAR TRANSPLANTATION’’ with producing a human being. They may be is a fitting tribute to Jim’s life and spirit, that caught up in the proposed legislation in part his ashes are to be spread at the Saratoga HON. RUSH D. HOLT because of misunderstood scientific jargon— Race Course. OF NEW JERSEY namely, the casual use of the term ‘‘thera- I know that this House, this chapel of the peutic cloning’’ to describe stem cells made people, mourns the loss of this ‘‘Bishop of IN THE HOUSE OF REPRESENTATIVES for research in regenerative medicine using Boston,’’ A man of the people, our dear friend, Wednesday, March 13, 2002 somatic cell nuclear transfer. What is worse, James P. Rowan, Sr. the already blurred distinction between Mr. HOLT. Mr. Speaker, the universal use of these two very different avenues of inves- For his friends and family, Jim’s wake will the term ‘‘cloning’’ to describe many proce- be held this Wednesday and Thursday from 5 tigation has been compounded by the inter- dures can be very misleading. I submit for the changeable use of human cloning with thera- o’clock p.m. until 9 o’clock p.m. at the RECORD an article from the journal Science by peutic cloning by those who suggest that McGrath Funeral Home on 325 Chelsea Bert Vogelstein, Bruce Alberts, and Kenneth cloning a human being is a ‘‘therapeutic’’ Street, in East Boston. Shine that suggests the adoption of the term treatment for infertility. A mass will be held this Friday, March 15th ‘‘nuclear transplantation’’ to describe what is The term cloning, we believe, is properly at Our Lady of the Assumption Church, 404 now called ‘‘therapeutic cloning’’ to more accu- associated with the ultimate outcome or ob- Sumner Street, in East Boston. rately portray the technique. I commend it to jective of the research, not the mechanism Following the mass, Jim’s friends and family or techniques used to achieve that objective. my colleagues. will be gathering at the Airport Hilton to cele- The goal of creating a nearly identical ge- brate his life, his legacy, and his many PLEASE DON’T CALL IT CLONING! netic copy of a human being is consistent achievements; and a ceremony in Washington Scientists rely on a dialect of specialized with the term human reproductive cloning, at a later date. terminology to communicate precise descrip- but the goal of creating stem cells for tions of scientific phenomena to each other. rengenative medicine is not consistent with God bless you, Jim may you rest in peace. the term therapeutic cloning. The objective We thank you for your companionship. In general, that practice has served the com- munity well—novel terms are created when of the latter is not to create a copy of the po- f needed to document new findings, behaviors, tential tissue recipient, but rather to make structures, or principles. The lexicon of tissue that is genetically compatible with PROCLAMATION RECOGNIZING, SA- that of the recipient. Although it may have LUTING AND COMMENDING FIRE- science is constantly evolving. Scientists who are fluent in the language of any spe- been conceived as a simple term to help lay FIGHTER KEITHROY MAYNARD— cific discipline can speak to one another people distinguish two different applications ENGINE NUMBER 33 using shorthand expressions from this dia- of somatic cell nuclear transfer, ‘‘thera- lect and can convey an exact understanding peutic cloning’’ is conceptually inaccurate HON. MAJOR R. OWENS of their intended meanings. However, when and misleading, and should be abandoned. OF NEW YORK the scientific shorthand makes its way to It is in the interest of the scientific com- the nonscientific public; there is a potential munity to clearly articulate the differences IN THE HOUSE OF REPRESENTATIVES for such meaning to be lost or misunder- between stem cell research and human Wednesday, March 13, 2002 stood, and for the terminology to become as- cloning. Most scientists agree that cloning a Mr. OWENS. Mr. Speaker, as a Tribute to sociated with research or applications for human being, aside from the moral or ethical which it is inappropriate. issues, is unsafe under present conditions. A Firefighter Keithroy Maynard of Engine Num- In scientific parlance, cloning is a broadly recently released National Academy of ber 33, a member of the Vulcan’s Society and used, shorthand term that refers to pro- Sciences report details the considerable one of the fallen heroes of September 11th, I ducing a copy of some biological entity—a problems observed in the use of somatic cell would like to insert the following proclamation gene, an organism, a cell—an objective that, nuclear transfer for animal reproduction and into the RECORD: in many cases, can be achieved by means concludes that cloning of human beings CONGRESSIONAL RECORD — Extensions of Remarks E337 should be prohibited. But the report also TRIBUTE TO HOMER DREW The national media focused its attention on notes the substantial medical and scientific the small school from Northwest Indiana and potential of stem cell lines created by using HON. PETER J. VISCLOSKY marveled not only at the success of the team, this technique. but at the kindness and graciousness of the More careful use of terminology would OF INDIANA help the public and lawmakers sort out the IN THE HOUSE OF REPRESENTATIVES players and their coach. The nation learned what we in Northwest Indiana already knew; substantial differences between nuclear Wednesday, March 13, 2002 transplantation and human reproductive that Homer Drew is an outstanding role model cloning. One place to start is to find a more Mr. VISCLOSKY. Mr. Speaker, it is with for the youth who put their trust in him. appropriate term for the use of somatic cell great honor and esteem that I wish to con- Beyond his exceptional professional nuclear transfer to create stem cells. We pro- gratulate Homer Drew, head coach of the achievements, Homer Drew takes significant pose the term ‘‘nuclear transplantation,’’ men’s basketball team at Valparaiso Univer- pride in his personal activities within his com- which captures the concept of the cell nu- sity, located in Valparaiso, Indiana, for achiev- munity. He is an active civic speaker who has cleus and its genetic material being moved ing his 500th victory on February 21, 2002. created numerous community activities in from one cell to another, as well as the nu- ance of ‘‘transplantation,’’ an objective of re- Coach Drew is the embodiment of the true which his players and coaches participate. In generative medicine. spirit of college athletics. He emphasizes 1998, Drew was honored with the prestigious Legislators attempting to define good pub- teamwork, scholastic excellence, and commu- Naismith Good Sportsmanship Award, given lic policy regarding human cloning need the nity involvement. The people of Valparaiso as by the Naismith International Basketball Foun- scientific community to be clear about the well as the entire Northwest Indiana commu- dation. He has also been awarded with the science, and to be clear when they speak to nity can be proud of the positive influence he Lumen Christi Medal, Valparaiso University’s the public about it. Adopting the term nu- has had on our youth. highest honor, in recognition of a lay person’s clear transplantation in relation to stem cell A native of St. Louis, Missouri, Homer re- distinguished service to church and society. research would be more precise, and it would ceived Bachelors of Arts degrees in physical Coach Drew admits that one of his finest help to untangle these two very different paths of investigation. education and social studies from William achievements is that he has sent over 50 of Jewell College in Liberty, Missouri in 1966 and his players into either the coaching and/or f later earned his Master of Arts degree in edu- teaching profession. A dedicated family man, cation at Washington University in St. Louis Drew enjoys spending much of his free time PROCLAMATION RECOGNIZING, SA- and his Doctorate in educational administra- with his wife, Janet, and their three children, LUTING AND COMMENDING FIRE- tion from Andrews University in Berrien Scott, the associate head coach of the Cru- FIGHTER VERNON CHERRY—LAD- Springs, Michigan. His coaching career began saders, Dana, and Bryce. DER NO. 118 in 1971 as an assistant at Washington State Mr. Speaker, I ask that you and my other University, where he spent one season before distinguished colleagues join me in congratu- HON. MAJOR R. OWENS moving to Louisiana State University as an as- lating Coach Homer Drew of Valparaiso Uni- versity for achieving his 500th victory as a OF NEW YORK sistant to legendary coach Dale Brown. Coach Drew earned his first head-coaching head basketball coach. His leadership both on IN THE HOUSE OF REPRESENTATIVES job at Bethel College in Mishawaka, Indiana in and off the basketball court is valuable re- Wednesday, March 13, 2002 1976. During his 11 seasons at Bethel, his source to the Northwest Indiana community, Mr. OWENS. Mr. Speaker, as a Tribute to teams compiled a record of 252–110, making and I hope that we will benefit from his influ- Firefighter Vernon Cherry of Ladder Number the National Association of Intercollegiate Ath- ence for many years to come. 118, a member of the Vulcan’s Society and letics (NAIA) and National Christian College f one of the fallen heroes of September 11th, I Athletic Association (NCCAA) playoffs each ENHANCED BORDER SECURITY would like to insert the following proclamation year. He was honored as the NCCAA District AND VISA ENTRY REFORM ACT into the record: Coach of the Year during five of those eleven OF 2002 Whereas, September 11, 2001 was a day of seasons. In 1987 Coach Drew became the horror and tragedy that will forever live in head coach at Indiana University-South Bend, SPEECH OF the memory of Americans, and; where he inspired a team which had won only Whereas, more than 3,000 people from six games the previous season and led them HON. CHARLES B. RANGEL many occupations, nationalities, ethnic to a 17–12 record, the first winning season in OF NEW YORK groups, religions and creeds were brutally school history. IN THE HOUSE OF REPRESENTATIVES murdered by terrorists, and; Homer Drew was hired as the head basket- Tuesday, March 12, 2002 Whereas, members of the New York City Fire Department, New York City Police De- ball coach of Valparaiso University prior to the Mr. RANGEL. Mr. Speaker, I rise today in partment, Port Authority and other Public 1988–1989 season, and it marked a turning strong support of the extension of section Safety Personnel, through their valiant, cou- point not only for the basketball program but 245(i) that was included in House Resolution rageous and heroic efforts saved the lives of the university and community as a whole. His 365, the Enhanced Border Security and Visa thousands under unprecedented destructive personal commitment to faith, family, and Entry Reform Act of 2002. circumstances, and; service has carried over into professional ex- This extension is long over due. Nearly one Whereas, more than 300 New York City cellence. He has earned more victories than year ago, this provision expired and we have Firefighters lost their lives in the effort to any other head coach in school history after gone back and forth between the House and save others, and; Whereas, Congressman Major R. Owens and leading the Crusaders to a record of 235–184 the Senate on the particulars of something we the people of the 11th Congressional District in his 14 years at Valparaiso University, in- all know is a necessary and prudent piece of salute the bravery and dedication of all who cluding guiding this year’s team to a school legislation. Extending section 245(i) will pro- gave their full measure of devotion, and; record 25 victories. He has been named Mid- vide needed relief to the community that is the Whereas, we deem it appropriate to high- Continent Conference Coach of the Year four base of our society and I am proud to stand light the courage and valor of individuals times, and has led the Crusaders to the NCAA with my colleagues in support of this measure. and groups in a variety of forms and cere- Tournament five times in the last six years. However, this resolution simply does not go monies: Now, therefore be it His teams have won the Mid-Continent con- far enough. By only helping a narrow group of Resolved: That on this 1Oth Day of March, Two Thousand and Two, Congressman Major ference regular season and tournament cham- people, we do not assist all those we are ca- R. Owens, and representatives of the people pionships in six of the last eight years, and pable of aiding and we do not right the wrong of the 11th Congressional District, pause to have captured either the regular season or of eliminating section 245(i). Furthermore the salute the sacrifices of these honored men, tournament championship each year during restrictions present in this extension will only and to offer their heartfelt condolences to that time. continue to confuse people about eligibility families of these African American Fire- Coach Drew brought national attention to and giving people false hope of staying with fighters who died at the World Trade Center himself and the university in 1998, when he their families and continuing to pursue their on September 11, 2001. coached the Crusaders to an upset victory American Dream. Only when we reinstate sec- That the text of this resolution shall be placed in the Congressional Record of the over nationally ranked Mississippi in the NCAA tion 245(i) will we have fully acknowledged the United States House of Representatives. Tournament. An experienced team led by fundamental importance of family unification Given by my hand and seal this 10th day of Homer’s son, Bryce Drew, the Crusaders de- and the contribution of immigrants to our na- March, Two Thousand and Two in the Year feated Florida State in the second round of the tion. This is an important first step in that di- of our Lord. tournament to advance to the Sweet Sixteen. rection. E338 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2002 I am especially dismayed that the resolution PLANET MARS Resolved: That on this 10th Day of March, came within one vote of being rejected by the Two Thousand and Two, Congressman Major House. Just last summer, it passed by a land- R. Owens, and representatives of the people HON. JOHN COOKSEY of the 11th Congressional District, pause to slide. The obvious explanation for this dra- OF LOUISIANA salute the sacrifices of these honored men, matic change is the attacks of September IN THE HOUSE OF REPRESENTATIVES and offer their heartfelt condolences to fami- 11th. Ironically, the previous bill extending Wednesday, March 13, 2002 lies of these African American Firefighters section 245(i) was scheduled to be voted on who died at the World Trade Center on Sep- for enactment on the day of the attacks. Six Mr. COOKSEY. Mr. Speaker, We are better tember 11, 2001. months later, it struggled to make it out of the prepared to go to the planet Mars today than That the text of this resolution shall be House. to the Moon in 1961. The reasons to go are placed in the CONGRESSIONAL RECORD of the United States House of Representatives. Some would argue that it is these attacks, compelling and the goal is within reach. Like the Moon Race, exploring Mars will Given by my hand and seal this 10th day of committed by people from countries other than have benefits here on Earth, revitalizing our March, Two Thousand and Two in the Year our own that have changed our viewpoints on of our Lord. economy and society like no other challenge. immigrants. This is an overly simplistic expla- America’s wealth today testifies to space ex- f nation. While it is certainly expected that these ploration’s past return-on-investment in com- attacks would make us more acutely aware of CONGRESSMAN RANDY FORBES munications, computers, and advanced mate- the enemies we face, we cannot blame the COMMENDING THE GIRL SCOUTS rials. Mars exploration will bring to all of us a terrorists that carried out these horrific attacks OF THE U.S.A. ON THEIR 90TH positive and dynamic vision of the future—a for the anti-immigrant sentiment that was ar- ANNIVERSARY goal to achieve, a dream to make real. ticulated in this chamber during the debate on As the planet most like Earth, Mars should this resolution. We are the ones responsible be the next focus of space exploration. We HON. J. RANDY FORBES for this attitude. have sent many robots to explore Mars for us, OF VIRGINIA We can never undo what was done against but their abilities are limited. It’s time to go IN THE HOUSE OF REPRESENTATIVES us and we can never fully understand the evil there ourselves. Wednesday, March 13, 2002 that lurked in the hearts of these men. But we We have the means to explore and settle can control what impact they have upon our Mars in the near-term on only a fraction of Mr. FORBES. Mr. Speaker, I rise today to lives. We should not allow fear to become the NASA’s current budget, but work is needed to commend the Girl Scouts of the U.S.A. on guiding principle, but should stand strong for refine key technologies like space suits and their 90th Anniversary. The Girl Scouts are a the principles our country are founded on. life support systems. The targeted investment quintessential American institution that has ex- Punishing our hard working, committed, and of a modest 1% of NASA’s annual budget can ported its successful strategy to 140 countries, American, in every sense of the word, immi- achieve these advances. Adequate funds and a worldwide family of 8.5 million girls. The grant community is not the answer. would remain for NASA’s other priorities Girls Scouts represent the largest voluntary or- We are headed in the right direction with H. today, while we prepare for the day in the very ganization for girls in the world. Res. 365, but it is only a step. There is much near future when Americans again walk on an- Juliette Gordon Low, who believed that all more work to be done. other world. girls should have the opportunity to develop The time to plan our next giant leap is now. physically, mentally, and spiritually, formed the f It’s our future, let’s make it happen. Girl Scouts this week in 1912. Congress first f chartered the Girl Scouts of the U.S.A. on HONORING THE LIFE OF VERA March 16, 1950. Since that time, the Girl PE´ REZ (1933–2002) PROCLAMATION RECOGNIZING, SA- Scouts have grown to over 3.8 million mem- LUTING AND COMMENDING FIRE- bers throughout America. FIGHTER LEON SMITH, JR.—LAD- The Girl Scouts have held true to their mis- HON. HILDA L. SOLIS DER NUMBER 118 sion to help all girls grow strong and develop their full potential. The Girl Scout Promise OF CALIFORNIA HON. MAJOR R. OWENS compels each young Girl Scout to be their IN THE HOUSE OF REPRESENTATIVES OF NEW YORK best by pledging: ‘‘On my honor, I will try; To serve God and my country, To help people at Wednesday, March 13, 2002 IN THE HOUSE OF REPRESENTATIVES Wednesday, March 13, 2002 all times, And top live by the Girl Scout Law.’’ Ms. SOLIS. Mr. Speaker, I rise today to pay Now more than ever, the young women of tribute to Mrs. Vera Pe´rez. Vera was born in Mr. OWENS. Mr. Speaker, as a Tribute to America needs the Girl Scout’s positive mes- 1933 in Los Angeles and raised by Pete Firefighter Leon Smith, Jr. of Ladder Number sage and leadership. The Girl Scouts provide Acosta, a single father. She and her sister, 118, a member of the Vulcan’s Society and an environment where girls are challenged Natalia, spent much of their formative years in one of the fallen heroes of September 11th, I and guided to become capable, self-reliant, boarding schools and boarding houses, only would like to insert the following proclamation ethical women who will make a difference. really able to spend Sundays with their father. into the RECORD: Again, Mr. Speaker, I commend the Girl Whereas, September 11, 2001 was a day of Scouts of the U.S.A. on their 90th Anniversary As a young woman, Vera worked in a fac- horror and tragedy that will forever live in tory. In the 1970s she completed the CETA and their invaluable contributions to the up- the memory of Americans, and; bringing of America’s young women. I con- training program and began working at the Whereas, more than 3,000 people from Older Residents Medical Screening Program many occupations, nationalities, ethnic gratulate the Girl Scouts and thank all those (ORMSP) as a receptionist. ORMSP is a non- groups, religions and creeds were brutally who have contributed their time, energy, and profit healthcare company that provides free murdered by terrorists, and; love in making this organization an American medical screening for senior citizens in the Whereas, members of the New York City success story. Fire Department, New York City Police De- f East side of Los Angeles. Through her 18 partment, Port Authority and other Public years at ORMSP, Vera advanced from recep- Safety Personnel, through their valiant, cou- PROCLAMATION RECOGNIZING, SA- tionist to data specialist and eventually was rageous and heroic efforts saved the lives of LUTING AND COMMENDING FIRE- running the program when she retired in 1995. thousands under unprecedented destructive FIGHTER KARL JOSEPH-ENGINE Vera and her husband, Felipe, had five chil- circumstances, and; Whereas, more than 300 New York City NO. 207 dren: Diana, Lisa, Yvette, Phillip and John; Firefighters lost their lives in the effort to and four grandchildren. In addition, Vera had save others, and; HON. MAJOR R. OWENS an active hand in raising her four nephews Whereas, Congressman Major R. Owens and OF NEW YORK and nieces, including Antonio Villaraigosa, the people of the 11th Congressional District who went on to be the Speaker of the Cali- salute the bravery and dedication of all who IN THE HOUSE OF REPRESENTATIVES fornia State Assembly. gave their full measure of devotion, and; Wednesday, March 13, 2002 Whereas, we deem it appropriate to high- Vera Pe´rez died on March 5, 2002. She will light the courage and valor of individuals Mr. OWENS. Mr. Speaker, as a Tribute to be dearly missed by her loving family and and groups in a variety of forms and cere- Firefighter Karl Joseph of Engine Number 207, friends. monies: Now therefore be it a member of the Vulcan’s Society and one of CONGRESSIONAL RECORD — Extensions of Remarks E339 the fallen heroes of September 11th, I would community. One major component of the work Whereas, more than 3,000 people from like to insert the following proclamation into of Sister Nowatzki is her desire to instill in many occupations, nationalities, ethnic the record: young people an interest and commitment to groups, religions and creeds were brutally murdered by terrorists, and; Whereas, September 11, 2001 was a day of participate in government and public policy Whereas, members of the New York City horror and tragedy that will forever live in and to take an active role in the issues that af- Fire Department, New York City Police De- the memory Americans, and; fect them. As a result, we know that her leg- partment, Port Authority and other Public Whereas, more than 3,000 people from acy will live on in the Hunter College public Safety Personnel, through their valiant, cou- many occupations, nationalities, ethnic service scholars she has trained throughout rageous and heroic, efforts saved the lives of groups, religions creeds were brutally mur- thousands under unprecedented destructive dered by terrorists, and; the years. Sister Rita Nowatzki is a passionate, empa- circumstances, and Whereas, members of the New York City Whereas, more than 300 New York City Fire Department, New York City Police De- thetic and nurturing Sister of Charity. Her dedi- Firefighters lost their lives in the effort to partment, Port Authority and other Public cated work to promote social justice will ben- save others, and Safety Personnel, through their valiant, cou- efit New York for years to come. As much as Whereas, Congressman Major R. Owens and rageous and heroic efforts saved the lives of we will miss her ever-vigilant leadership, we the people of the 11th Congressional District thousands under unprecedented destructive know that her spirit of compassion will con- salute the bravery and dedication of all who circumstances; and tinue to grace us. As she begins the next gave their full measure of devotion, and; Whereas, more than 300 New York City Whereas, we deem it appropriate to high- Firefighters lost their lives in the effort to chapter of her life, we thank her whole- light the courage and valor of individuals save others, and heartedly for her tireless work to make our city and groups in a variety of forms and cere- Whereas, Congressman Major R. Owens and a better place, and we wish her the very best monies: Now therefore be it the people of the 11th Congressional District in the years to come. Resolved: That on this 10th Day of March, salute the bravery and dedication of all who f Two Thousand and Two, Congressman Major gave their full measure of devotion, and; R. Owens, and representative of the people of Whereas, We deem it appropriate to high- HONORING THE GIRL SCOUTS OF the 11th Congressional District, pause to sa- light the courage and valor of individuals AMERICA lute the sacrifices of these honored men, and and groups in variety of forms and cere- to offer their heartfelt condolences to fami- monies: Now therefore be it lies of these African American Firefighters Resolved: That on this 10th Day of March, HON. GEORGE RADANOVICH who died at the World Trade Center on Sep- Two Thousand and Two, Congressman Major OF CALIFORNIA tember 11, 2001. R. Owens, and representatives of the people IN THE HOUSE OF REPRESENTATIVES That the text of this resolution shall be of the 11th Congressional District, pause to Wednesday, March 13, 2002 placed in the Congressional Record of the salute the sacrifices of these honored men, United States House Representatives. and to offer their heartfelt condolences to Mr. RADANOVICH. Mr. Speaker, whereas, Given by my hand and seal this 10th day of families of these African American Fire- Tuesday, March 12, 2002, marks the 90th An- March, Two Thousand and Two in the Year fighters who died at the World Trade Center niversary of Girl Scouts of the USA, founded of our Lord. on September 11, 2001. by Juliette Gordon Low in 1912 in Savannah, f That the text of this resolution shall be Georgia. Throughout its long and distinguished placed in the Congressional Record of the history, Girl Scouts and Golden Valley Coun- IN TRIBUTE TO JOSEPH WATTS United States House of Representatives. cil, the pre-eminent organization for girls, has Given by my hand and seal this 10th day of HON. CHARLES B. RANGEL March, Two Thousand and Two in the Year inspired girls with the highest ideals of char- OF NEW YORK of our Lord. acter, conduct, and patriotism. Girl Scouting will lead businesses and communities to teach IN THE HOUSE OF REPRESENTATIVES f girls the skills needed to take active roles in Wednesday, March 13, 2002 A TRIBUTE TO SISTER RITA math, science, and technology careers and to Mr. RANGEL. Mr. Speaker, on March 19, NOWATZKI OF THE NEW YORK fulfill our country’s economic needs. Through 2002 the Council of Senior and Centers and FOUNDING HOSPITAL Girl Scouting, every girl, everywhere grows Services of New York City will host a surprise strong, gains self-confidence and skills for retirement party for Joseph Watts. At the risk HON. JERROLD NADLER success, and learns her duty to the world of spoiling the surprise, I rise today to pay my around her. Through participation in Girls’ OF NEW YORK personal tribute to a remarkable community Voices, a national community service project, IN THE HOUSE OF REPRESENTATIVES leader. Mr. Joseph Watts has proven to be an every girl will learn to use her own voice to exceptional person committed to the pursuit of Wednesday, March 13, 2002 address an issue of concern to her and per- a successful career and giving back to the Mr. NADLER. Mr. Speaker, I rise today to haps make a change for the better in her com- community throughout his life. In 1962 he honor Sister Rita Nowatzkl for her distin- munity. Some fifty million women have en- graduated from the American Academy of Fu- guished service to the children and families of joyed the benefits of the Girl Scouts program, neral Service in the State of New York and New York City. A Sister of Charity for over fifty as an American tradition, for 90 years. Now, embarked upon a successful career in Funeral years, Sister Nowatzkl has dedicated herself therefore, I GEORGE RADANOVICH, by virtue of Service. Mr. Watts has contributed a great to protecting the most vulnerable members of the authority vested in me as a U.S. Rep- deal to the comfort of the bereaved in New our community. As she enters her retirement, resentative, 19th District, for the State of Cali- York. Since the 1970’s he has been a member she remains unwavering in her commitment to fornia do hereby proclaim the week of March of the Board of Directors of the Metropolitan speak for those who are voiceless and remind 10–16 as Girl Scout Week. Funeral Directors Association and Regional us all of our responsibility to aid the poorest f Governor of District 6 of the New York State members of our community. PROCLAMATION RECOGNIZING Funeral Directors Association. He has also In 1990, Sister Nowatzkl joined the New FIREFIGHTER SHAWN POWELL— served as an often honored and recognized York Foundling Hospital as its public advo- ENGINE NUMBER 207 leader of many national and international as- cate. In the years since, Sister Nowatzkl has sociations of Funeral Directors. These profes- proven her reputation as an innovative admin- sional honors have recognized the extraor- istrator and masterful advocate. She produced HON. MAJOR R. OWENS dinary contribution that Mr. Watt has made OF NEW YORK ‘‘The Foundling,’’ the first book documenting throughout his professional life to his chosen the Hospital’s 137-year history of aiding or- IN THE HOUSE OF REPRESENTATIVES profession and to his community as well. phans, poor families and children. She raised Wednesday, March 13, 2002 Among the professional honors Mr. Watts hundreds of thousands of dollars for the Mr. OWENS. Mr. Speaker, as a Tribute to received are: New York State Funeral Director United Way, saved crucial family services in Firefighter Shawn Powell of Engine Number of the Year in 1981; a report for President the New York City budget, and lit up the Em- 207, a member of the Vulcan’s Society and Carter on Funeral Industry and Federal Trade pire State Building every April to commemo- one of the fallen heroes of September 11, I Commission with impact on small businesses; rate Child Abuse Prevention month. As an art- would like to insert the following proclamation the International Order of the Golden Rule for ful advocate for our children’s well-being, Sis- into the record: ‘‘Service to the Community and Profession’’; ter Nowatzkl has worked at the city and state Whereas, September 11, 2001 was a day of honored by the White House On Social Secu- level to craft policies and programs that will horror and tragedy that will forever live in rity: ‘‘The Long View—The Effect of Social Se- assist the most vulnerable members of our the memory Americans, and; curity Reforms on the Homeless, Poor and E340 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2002 Children’’; and International Funeral Directors coness Hospital and MetroHealth Medical Section 8 rescissions, to non-housing pur- Association award as Funeral Director of the Center to establish their programs serving poses. Decade. senior citizens. Moreover, since the fee increase is likely to His excellent reputation in his field has led Between 1998 and 2000 as a result of Ms. be passed along to borrowers, the effect will him to be appointed to various positions in dif- Schwab’s dedication to the senior community, be to raise mortgage rates for low- and mod- ferent organizations, such as Chairman of the funding in the amount of $332,000 was se- erate income homebuyers, including notably New York State Funeral Directors Advisory cured for the renovation and construction of veterans and rural residents. Over the life of a Board, Vice-President of the Council of Senior the Memphis Fulton Senior Center and admin- loan, this can translate into thousands of dol- Centers and Services of New York City, and istration offices of Senior Citizen Resources, lars of additional mortgage interest payments. Board Member of Retired Senior Volunteer Inc., Crestview Senior Center relocated to this Therefore, we should repeal this unneces- People (R.S.V.P.). new site. By this time the centers were serving sary and harmful tax increase on homeowner- Mr. Watts has been an important part of over 3,000 senior citizens yearly in the Old ship before it takes place. H.R. 3926 does many community associations such as the Ro- Brooklyn community of Cleveland. Today the precisely that. tary Club in Upper Manhattan, the Washington centers continue to thrive as a result of Doris f Heights/Inwood Chamber of Commerce, the S. Schwab’s vision, leadership and unwaver- Washington Heights/Inwood Development Cor- ing commitment. PROCLAMATION RECOGNIZING, SA- poration and many others. In every organiza- I ask my colleagues to join me in rising to LUTING AND COMMENDING FIRE- tion of which he is a member, Mr. Watts has honor Doris S. Schwab and her truly remark- FIGHTER TAREL COLEMAN— given his time to leave a positive mark on the able accomplishments for the senior commu- SQUAD NO. 252 communities or people he has worked with. nity of Cleveland, Ohio. His legacy has been so extraordinary in these f HON. MAJOR R. OWENS communities that he has been honored by OF NEW YORK REPEAL OF GINNIE MAE FEE most of them. IN THE HOUSE OF REPRESENTATIVES The Harlem Boys Choir has honored Mr. INCREASE Wednesday, March 13, 2002 Watts for the Creation of Adopt a Child in 1984. He also received the Washington HON. JOHN J. LaFALCE Mr. OWENS. Mr. Speaker, as a Tribute to Heights/Inwood Chamber of Commerce Man OF NEW YORK Firefighter Tarel Coleman of Squad Number 2 of the Year Award in 1984. In 1985 he re- IN THE HOUSE OF REPRESENTATIVES a member of the Vulcan’s Society and one of the fallen heroes of September 11th, I would ceived the Community Resident Award from Wednesday, March 13, 2002 the Police Department of New York City for like to insert the following proclamation into donation of Police Vests to the 34th Precinct. Mr. LAFALCE. Mr. Speaker, yesterday, I in- the RECORD: Mr. Watts’ exemplary career and many con- troduced H.R. 3926, a bill to repeal the sched- Whereas, September 11, 2001 was a day of tributions make him much deserving of the uled increase in the Ginnie Mae guarantee fee horror and tragedy that will forever live in honor and tribute that will be paid to him by that is scheduled to take place in October, the memory of Americans, and; his many friends and colleagues on the 19th 2004. The purpose of this repeal is to prevent Whereas, more than 3,000 people from many occupations, nationalities, ethnic of March of 2002. what amounts to an unwarranted and unnec- essary tax increase on homeownership. groups, religions; and creeds were brutally f murdered by terrorists, and; The 1998 Higher Education Act Amend- Whereas, members of the New York City IN HONOR OF DORIS S. SCHWAB ments included a provision unrelated to edu- Fire Department, New York City Police De- cation which would prospectively increase by partment, Port Authority and other Public HON. DENNIS J. KUCINICH 50 percent the annual fee that the Govern- Safety Personnel, through their valiant, cou- OF OHIO ment National Mortgage Association, also rageous and heroic efforts saved the lives of thousands under unprecedented destructive IN THE HOUSE OF REPRESENTATIVES known as Ginnie Mae, charges each year on mortgage loans. circumstances, and; Wednesday, March 13, 2002 Ginnie Mae facilitates an efficient secondary Whereas, more than 300 New York City Mr. KUCINICH. Mr. Speaker, I rise today in market for Federal Housing Administration, Firefighters lost their lives in the effort to save others, and; recognition of Doris S. Schwab, who is retiring Rural Housing Service, and Veterans Adminis- Whereas, Congressman MAJOR R. OWENS after 30 years as Executive Director of Senior tration single family mortgage loans, by guar- and the people of the 11th Congressional Dis- Citizen Resources, Inc. Ms. Schwab’s unwav- anteeing the timely payment of principal and trict salute bravery and dedication of all ering commitment to Cleveland’s senior com- interest on such loans. In exchange for this who gave their full measure of devotion, and; munity has been invaluable. Her generosity, guarantee, Ginnie Mae charges an annual fee Whereas, we deem it appropriate to high- intelligence, and unselfish dedication will be of six basis points on each mortgage loan, light the courage and valor of individuals greatly missed. which is generally passed along to the bor- and groups in a variety of forms and cere- monies: Now therefore be it For over 30 years Ms. Schwab has worked rower. The risk is minimal, since Ginnie Mae’s Resolved: That on this 10th Day of March, tirelessly to create much needed resources to function is to advance funds in the case of de- Two Thousand and Two, Congressman MAJOR serve Cleveland’s senior citizens. In 1971 she fault, for which Ginnie Mae is subsequently R. OWENS, and representative of the people of organized and established the Crestview Sen- made whole either through restored mortgage the 11th Congressional District, pause to sa- ior Center, a Multi-purpose Center serving the payments or through the federal guarantee by lute the sacrifices of these honored men, and elderly in collaboration with the Cleveland Jay- FHA, RHS, or VA on the underlying mortgage to offer their heartfelt condolences to fami- cees. In the same year she became Executive loan. lies of these African American Firefighters Director of its parent organization, Senior Cit- The Administration’s fiscal year 2003 budget who died at the World Trade Center on Sep- tember 11, 2001. izen Resources, Inc. concludes, with regard to Ginnie Mae, that That the text of this resolution shall be Over the next few years Ms. Schwab ‘‘Fee collections, interest and other income are placed in the CONGRESSIONAL RECORD of the worked diligently to expand the Center by cre- expected to exceed expenses by $834 million United States House of Representatives. ating new sites throughout the Cleveland area. in 2002 and $808 million in 2003.’’ For the Given by my hand and seal this 10th day of In 1978 she piloted a site called Brighton Cen- purposes of credit scoring, Ginnie Mae is pro- March, Two Thousand and Two in the Year ter. By 1979 she secured funding for and es- jected to make a profit for the taxpayers [neg- of our Lord. tablished a second Multi-purpose Center, Dea- ative credit subsidy] of $398 million in fiscal f coness-Krafft, which was built on the Dea- year 2003. coness Hospital Campus. Between 1976 and Given the substantial profits that Ginnie Mae TRIBUTE TO ROY COLANNINO 1981 she piloted a site in the Southwestern makes each year, and the low risk that is area of Cleveland at the Brooklyn Heights taken to make such profits, the 50 percent in- HON. EDWARD J. MARKEY United Church of Christ and Brooklyn Acres. crease in fees from six basis points to nine OF MASSACHUSETTS She secured a Community Development Block basis points that is scheduled to take place in IN THE HOUSE OF REPRESENTATIVES Grant to fund and establish a third site oper- 2004 is both unnecessary and unwarranted. ating one day a week at the City of Cleveland- This scheduled increase would perpetuate a Wednesday, March 13, 2002 owned Estabrook Recreation Center. Through- regrettable trend in recent years of diverting Mr. MARKEY. Mr. Speaker, I ask that the out the 1980s she also worked with Dea- housing resources, such as FHA profits and House of Representatives take this opportunity CONGRESSIONAL RECORD — Extensions of Remarks E341 to honor Roy Colannino, Police Chief of the who died trying to save lives at the World ‘‘Now he feels like he can do something great city of Revere, Massachusetts, and a Trade Center. about it,’’ she said. ‘‘I’m proud of him.’’ highly distinguished member of our Nation’s After a fierce eight-day fight in remote Af- Stergiopoulos was not the only childhood ghan mountains, 24-year-old Blaha, from friend of Blaha’s to die in the attacks. Jona- law enforcement community. Chief Colannino Great Neck, L.I., returned to safety yester- than Ielpi, 29, a New York City firefighter recently retired from the Revere Police Depart- day and immediately spoke of his two lost and father of two, was friends with Blaha’s ment after dedicating 37 years of his life to the pals, Andrew Stergiopoulos, who worked for older brother, Jack. Blaha went into battle cause of protecting the safety of his fellow citi- bond firm Cantor Fitzgerald, and FDNY fire- with the memory of both in his heart, his zens and the community at large. fighter Jonathan Ielpi. mother said. Chief Colannino joined the Revere Police ‘‘There was definitely a vindictive side to Blaha went to Hofstra University and grad- Department in 1965 as a member of the Po- it—I can go back and tell their families ev- uated in December 2000 on an ROTC scholar- ship. He went directly to basic training and lice Reserves, and was immediately recog- erything we did.’’ Blaha said, as he rested at the Bagram air base near Kandahar. later to an Army Ranger School at Fort nized as a bright and energetic addition to the As his fellow soldiers cheered the returning Benning in Georgia. He left for Uzbekistan in force. During his 37-year career, he served as troops, Blaha, fighting with the Army’s 10th January and was sent to Afghanistan in late Patrolman, Sergeant, Lieutenant, Captain and Mountain Division based in upstate New February, his mother said. That was about Chief. While working full time and raising a York, told how he had written Stergiopoulos’ the last time she heard from him until Sun- family, Chief Colannino continued his edu- name on his grenades. day. cation at Northeastern University in Boston Blaha’s mom, Cooky said her son had ‘‘I was a little worried when those guys got where he earned a Bachelors Degree in Crimi- formed a bond for life with Steriopoulos as killed and I thought things weren’t going too the pair grew up in Great Neck, playing ice well,’’ Cooky Blaha said. ‘‘... He’s a little, nal Justice in 1981. As he ascended the ranks hockey for a community team, the Great short, tough kid. He shops at Nordstroms, of the Revere Police Department, he earned Neck Bruins. wears Armani. He drives a Porsche. He’s a high accolades from his superior officers and John Hughes, the father of skating gold- Great Neck kid, so I was worried. But he did the deep respect of his fellow colleagues at medalist Sarah Hughes, also played on the great.’’ each stage of his career with the force. As the team. ‘‘Andrew and Chris were real close— All three knew each other since they were executive law enforcement officer in Revere, I’m just so proud of what he’s done,’’ Cooky affectionately known as ‘‘rink rats,’’ young Chief Colannino developed a highly successful Blaha told The Post. Great Neck skaters who either play hockey Steriopoulos’ brother, George, said from or take up figure skating. They all played for community-policing program that joined the his home in Great Neck that his family was the Great Neck Bruins in a youth hockey Revere Police Department with the city’s com- ‘‘touched’’ by Blaha’s words. ‘‘It’s been very program. munity leaders in an innovative and effective hard,’’ he said. ‘‘It would have been Andrew’s The Great Neck Bruins retired both Ielpi’s new partnership. His commitment to incor- 24th birthday on March 7.’’ and Stergiopoulos’ numbers and a banner porate his officer corps into the fabric of every ‘‘I saw Chris going off to boot camp, and was hung at the Parkwood Ice Rink as a per- neighborhood has been particularly beneficial we’ve been hoping that he’s OK. That’s real- manent memorial, said Anne Ielpi, the moth- for this diverse community. ly touching, what he said.’’ er of Jonathan Ielpi. Saddle Rock Bridge, the Mr. Speaker, since September 11, 2001, our Ielpi, a 29-year New York City firefighter place where everyone went to stare at the with two young sons, had known the Blaha burning towers on Sept. 11, was renamed the nation has rightfully reflected on the incredible family for years, having attended St. Aloys- 9–11 Memorial Bridge. service our police and fire professionals pro- ius elementary school in Great Neck with Anne Ielpi heard of Blaha’s tribute from a vide to our communities. Roy Colannino ex- Christopher Blaha’s eldest brother, Jack. friend on Sunday morning. emplifies that service and the sacrifices these Ielpi’s mom, Anne, said last night her fam- ‘‘I said, ‘Good for him, keep on throwing men and women, and their families, endure for ily had been thinking of Blaha during his Af- them,’’’ Ielpi said. ‘‘Knowing that someone us on a daily basis. He has served the City of ghanistan mission and was hoping he re- is over there doing something in my son’s Revere, the Commonwealth of Massachusetts turned safely. name, it gives me solace.’’ ‘‘We’ve known the family for years and we f and our nation at an incomparable level of think it’s great if he can get a little retalia- professionalism, and dedication and human tion,’’ she said. ‘‘It means a lot to everyone.’’ PROCLAMATION RECOGNIZING, SA- caring for nearly four decades. I ask that my Blaha had told his mom before leaving for LUTING AND COMMENDING FIRE- colleagues in the United States House of Rep- Uzbekistan in January that he would dedi- FIGHTER RONNIE HENDERSON— cate his mission to his friends. resentatives join me in wishing him all the best ENGINE NO. 279 in his retirement. ‘‘He’s just a kid from Great Neck really, but he rang this morning and told me he had f been ordering in the planes with the bombs HON. MAJOR R. OWENS CHRISTOPHER BLAHA—HERO and I couldn’t believe it—he’s made us all OF NEW YORK proud,’’ she said. AVENGER IN THE HOUSE OF REPRESENTATIVES Wednesday, March 13, 2002 HON. GARY L. ACKERMAN [From the News Day, Mar. 12, 2002] A MESSAGE WITH EVERY GRENADE—HOW Mr. OWENS. Mr. Speaker, as a Tribute to OF NEW YORK SOLDIER FROM LI REMEMBERS A FRIEND Firefighter Ronnie Henderson of Engine Num- IN THE HOUSE OF REPRESENTATIVES (By Keiko Morris) ber 279, a member of the Vulcan’s Society Wednesday, March 13, 2002 Mourners have remembered those lost on and one of the fallen heroes of September 11th, I would like to insert the following procla- Mr. ACKERMAN. Mr. Speaker, I rise today Sept. 11 with flowers, letters, balloons re- mation into the RECORD: to thank and praise Army Lieutenant Chris- leased into the sky and eulogies. 2nd Lt. Chris Blaha had his own way. topher Blaha for his heroic actions in the de- Whereas, September 11, 2001 was a day of He wrote the name of a childhood friend, horror and tragedy that will forever live in fense of our nation. I would like to share with who died in the terrorist attacks, on every the memory of Americans, and; my fellow colleagues the following two articles grenade he lobbed at enemy Taliban and al- Whereas, More than 3,000 people from describing Lieutenant Blaha’s incredible serv- Qaida positions. many occupations, nationalities, ethnic ice in our fight against terrorism. September Blaha, a 24-year-old Army officer from groups, religions and creeds were brutally 11, 2001 was a horrific day for the United Great Neck, marked the end of an intense murdered by terrorists, and; States, yet brave men, such as Lieutenant battle with an excited call to his mother on Whereas, Members of the New York City Sunday, using a reporter’s satellite phone. Blaha, show us all that the spirit of America Fire Department, New York City Police De- He told his mom about his role in Operation partment, Port Authority and other Public has not, and will not, be broken. Mr. Speaker, Anaconda, the most recent U.S.-led military Safety Personnel, through their valiant, cou- we will prevail. offensive in Afghanistan. rageous and heroic efforts saved the lives of [From the New York Post, Mar. 11, 2002] He said he was filthy, cold and unshaven, thousands under unprecedented destructive but safe. He told her that he directed a B–52 circumstances, and; FRONTLINE GI’S BATTLE CRY FOR BUDDIES where to drop bombs on enemy positions. Whereas, More than 300 New York City KILLED IN WTC ATTACK—HERO AVENGER And he told her about the grenades—every Firefighters lost their lives in the effort to (By John Lehmann) one in memory of his friend, Andrew save others, and; On every grenade he threw at the al Qaeda Stergiopoulos, 23, who worked at Cantor Whereas, Congressman Major R. Owens and fighters, New Yorker Christopher Blaha Fitzgerald. the people of the 11th Congressional District wrote the name of the best friend he lost to ‘‘Chris was in Ranger School on 911,’’ said salute the bravery and dedication of all who terrorists on Sept. 11. his mother. Cooky Blaha, an office manager gave their full measure of devotion, and; Also burned into the Army lieutenant’s who lives in Great Neck. ‘‘I had to tell him Whereas, We deem it appropriate to high- mind was the memory of a second buddy, ...’’ He was infuriated. she remembered. light the courage and valor of individuals E342 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2002 and groups in a variety of forms and cere- RECOGNIZING THE DELTA- DMEA dates back to the Depression (table, monies. Now therefore be it MONTROSE ELECTRICAL ASSO- page 106D). Its roots, modest size, and simple Resolved: That on this 10th Day of March, CIATION mission nurtured a conservative business Two Thousand and Two, Congressman Major culture. But in 1997, the co-op’s managers R. Owens, and representatives of the people and board took the measure of the coming of the 11th Congressional District, pause to HON. TOM UDALL wave of deregulation and the pace of techno- salute the sacrifices of these honored men, OF NEW MEXICO logical change and decided to get ahead of and to offer their heartfelt condolences to IN THE HOUSE OF REPRESENTATIVES the curve. ‘‘We began investing hundred of families of these African American Fire- thousands of dollars in research and develop- fighters who died at the World Trade Center Wednesday, March 13, 2002 ment, which for a co-op is unheard of,’’ says on September 11, 2001. Mr. UDALL of New Mexico. Mr. Speaker, I Edwin H. Marston, the board’s president. DMEA’s first big innovation, in 1997, was a That the text of this resolution shall be wish to insert into the RECORD a March 5, combined heating and cooling service dubbed placed in the Congressional Record of the 2001 BusinessWeek article that highlights the Co-Z GeoExchange. For a fixed, year-round United States House of Representatives. work of the Delta-Montrose Electrical Associa- price, DMEA equips customers’ homes and Given by my hand and seal this 10th day of tion (DMEA), a rural energy cooperative in businesses with a geothermal heat pump. March, Two Thousand and Two in the Year southwestern Colorado. This device is unlike conventional furnaces of our Lord. The DMEA has been around since 1938, and air conditioners, which heat air by yet it is reinventing itself to be able to address means of combustion and chill it through f 21st century challenges of deregulation and mechanical compression. Instead, the pump circulates fluid through pipes buried under- technological change. Its investments in re- PERSONAL EXPLANATION ground. Even when it’s cold out, the earth search and development have resulted in in- only a few feet below ground is always novative services it can offer its customers in around 58F in Colorado. In winter, the pump HON. SOLOMON P. ORTIZ the way of combined heating and cooling and pulls heat out of the ground and pushes it into the home. The earth’s warmth is then OF TEXAS fuel cell power for rural areas. In the near fu- ture, DMEA hopes to use Internet connectivity distributed through the building, typically IN THE HOUSE OF REPRESENTATIVES to optimize customers’ energy use and reduce via an air-duct system. In cooling mode, this process is reversed. Wednesday, March 13, 2002 costs. It’s a simple technology that can deliver As the article points out, instead of trying to Mr. ORTIZ. Mr. Speaker, I was not present big savings. Under a Co-Z agreement, a cus- dominate the market, DMEA’s co-op culture on the following rollcall votes. Had I been tomer pays about $100 per month and is guar- means that DMEA shares what it knows with anteed a comfortable house. DMEA esti- present I would have voted: Rollcall 53 (HR other cooperatives around the country. I hope mates that a 2,000-square-foot home might 1885)—Yea; Rollcall 54 (journal vote)—Yea; DMEA’s good ideas and hard work get the at- cost $2,645 per year to heat with propane. A Rollcall 55 (H.J. Res. 367: Ordering the Pre- tention they deserve. Co-Z GeoExchange home can be heated for vious Question)—No. around $1,600—a savings of 40%. CUTTING EDGE IN RURAL COLORADO? So far, the service is a winner. Between f (By Hal Clifford) late 1998 and the end of 2000, DMEA installed In 5 or 10 years, your relationship with 115 GeoExchange systems, about half of them TRIBUTE TO ZACH JORDAN AND your electrical utility may be different from under Co-Z service contracts. This year, it THE BOYS AND GIRLS CLUBS OF what it is now. For a fixed fee, the power expects to install an additional 75 to 100. The NORTHERN COLORADO company might heat and cool your home venture is already profitable, and DMEA ex- with a geothermal heat pump it has buried pects that to continue. Managers say that in your backyard. Or your utility may offer retained earnings (akin to profits for a non- HON. BOB SCHAFFER to sell you electricity from a superclean fuel profit co-op) on Co-Z should grow tenfold by 2005, to $478,000, from $46,000 last year. In- OF COLORADO cell it installs in your garage, then buy back any excess juice you don’t consume. The deed, the Co-Z contracts deliver profit mar- IN THE HOUSE OF REPRESENTATIVES power company might even link itself via gins in excess of 50%—good business in an in- dustry that typically sees a 4% return on in- Wednesday, March 13, 2002 the Internet to your most energy-hungry ap- pliances—maybe your air conditioner or vestment. Mr. SCHAFFER. Mr. Speaker, I rise today water heater—so that it can switch them to DMEA puts these retained earnings to work by paying down debt and developing to congratulate Mr. Zach Jordan of Loveland, a power-saver mode when necessary. You might expect these sorts of high-tech other technologies. Fuel cells, which convert Colorado. The Boys and Girls Clubs of propane or hydrogen into electricity, at- Larimer County recently recognized Zach as innovations to pop up in energy-starved Sil- icon Valley, the brainchild of some tech- tracted DMEA’s attention because many of Youth of the Year. savvy venture capitalist. You’d be wrong. its customers live off the grid, in sparsely Zach has been a member of the Boys and First out of the gate is the Delta-Montrose populated rural areas. True, fuel-cell power Girls Club for four years and enjoys partici- Electrical Assn. (DMEA), a 64-year old rural is expensive: At 25¢ to 30¢ per kilowatt hour, it’s four times the average cost of power for pating in pool tournaments and football. In an energy cooperative in southwestern Colo- rado. Any many of the new options are DMEA’s wire-connected residential cus- interview with the Loveland ‘‘Reporter-Herald,’’ tomers. But since building out new power Zach said, ‘‘the club keeps me out of trouble, quickly gaining popularity with the co-op’s 28,000 members. lines can cost $20,000 to $60,000 per mile, it’s a lot of my friends are always getting into trou- By focusing on energy services such as sometimes cheaper to install a fuel cell on ble with the people they hang out with.’’ The heating and cooling, rather than straight- site than to string a few miles of wire. Once the co-op grasped this logic, it went guest speaker at the breakfast awards was forward power generation, DMEA is trans- looking for a fuel-cell maker interested in Tom Sutherland, a former political prisoner in forming its once-quiet business. Faster than rural markets. In early 1998, the search led Lebanon who was encouraged by the con- most power players, DMEA is plugging into to a partnership with H Power Corp., a Clif- new technologies. In some cases, it’s also tributions of the Boys and Girls clubs to keep ton (N.J.) manufacturer of proton exchange forming partnerships with companies devel- children active and safe. membrane (PEM) fuel cells. Then, DMEA oping promising technologies—an unusual took things one step further. It put H Power Boys and Girls Clubs are dedicated to help- step for a once-unadventurous co-op. ‘‘I together with Energy Co-Opportunity (ECO), ing youth reach their fullest potential by pro- think they’re one of the most innovative co- an arm of Cooperative Finance Corp., based viding positive activities designed to promote ops in the country,’’ says Peggy Plate, an en- in Herndon, VA., which serves as a bank for productive citizenship and creating healthy re- ergy services manager for the Energy Dept.’s electrical co-ops. The two got on so well that Western Area Power Administration. If these lationships with community adults. Boys and ECO invested $15 million in H Power and strategies pay off, big utilities may soon find Girls Clubs are excellent places for youth to inked an $81 million deal to buy 12,300 4.5-kil- themselves looking to DMEA for tips on how participate in activities with their peers. I am owatt fuel cells—H Power’s largest order to to prosper in a new era of energy deregula- pleased to recognize the achievements of date—to be delivered to member co-ops over tion. Larimer County youth who participate in such the next two years. Last March, H Power re- a well-respected program. NEW WAVE paid DMEA’s favor by siting its first out-of- For now, Delta-Montrose is no more than a I ask the House to join me in extending con- the-laboratory test unit in the co-op’s speck on anyone’s radar. But the co-op is in- Montrose (Colo.) headquarters. DMEA, gratulations to Mr. Zach Jordan and the tensely focused on finding creative ways to meanwhile, plans to begin leasing the fuel Larimer County Boys and Girls Club for their deliver electric services to its customers. cells to its customers this fall. contribution to improving the lives of Northern Like many of the other 950 or so consumer- In 1998, DMEA began work on another leg Colorado Youth. owned electric cooperatives in the U.S., of its reinvention strategy: Internet CONGRESSIONAL RECORD — Extensions of Remarks E343 connectivity. ‘‘It’s our job to be on our tippy could have saved $48 per home had it been also from many of the better-known for-prof- toes to get our customers the best,’’ says the able to turn down their water heaters for it players that are preoccupied with building co-op’s general manager, Daniel R. just one hour. DMEA expects to roll this pro- power plants. Size has something to do with McClendon. Sixty years ago, that meant gram out in the next six months. DMEA’s agility. But it’s the cooperative cul- bringing electricity to farmers and ranchers. Further out, DMEA is trying to repeat the ture that is key. The co-op’s staff sees itself Today, the equivalent of lights in the milk matchmaker role it played with H Power. In as running a nonprofit skunk works that shed is fiber-optic connectivity. So DMEA 1999, DMEA invested in CoEnergies LLC, a helps their owner-customers and those of took a 6% position in REANET, a telecom Traverse City (Mich.) startup that modifies other co-ops. ‘‘We used to have a circle startup formed by two other electric co-ops. existing central air conditioners. In effect, it drawn around our membership,’’ says Busi- NET SAVVY turns them into ground-based heat-pump ness Development Manager Steven M. In addition to providing Web connectivity systems by the addition of a buried ground Metheny. ‘‘Now it’s wide open—whatever we and e-mail, DMEA hopes to use the Net to loop, similar to the GeoExchange heat pump. can do, in whatever markets there are.’’ optimize customers’ energy use and reduce In many regions this retrofit could replace Delta-Montrose’s strategic punch lies in their costs. The co-op is serving as a test bed conventional furnaces. ‘‘This machine has the institutional structure. Rather than try- for technology from Mainstreet Networks huge energy-savings potential around the ing to grow and dominate a market, co-op Inc. Modified by a small attachment made country, but nobody knows about it,’’ says managers say their job is to share what they by the Morgan Hill (Calif.) startup, a home- Paul S. Bony, DMEA’s marketing manager, know with the nation’s other co-ops, which owner’s electrical meter becomes an Internet who has a unit installed at his own house. provide electricity to 34 million people in 46 communications point through which utility ‘‘We’re talking terawatts.’’ Now he’s seeking states. ‘‘They’re doing a lot of work that the managers can power down energy-hungry ap- investors. other co-ops are going to benefit from,’’ says pliances at a distance. DMEA points out that The flurry of developments at DMEA dis- the Energy Dept.’s Plate. And just maybe, during a recent spike in power prices, it tinguishes it not just from other co-ops but the big city power companies will, too. E344 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2002 SENATE COMMITTEE MEETINGS tional Oceanic and Atmospheric Ad- Commerce, Science, and Transportation ministration, the Small Business Ad- To hold hearings to examine competition Title IV of Senate Resolution 4, ministration, and the Federal Trade in the local telecommunications mar- agreed to by the Senate on February 4, Commission. ketplace. 1977, calls for establishment of a sys- SD–138 SR–253 tem for a computerized schedule of all Governmental Affairs 10 a.m. meetings and hearings of Senate com- International Security, Proliferation and Judiciary mittees, subcommittees, joint commit- Federal Services Subcommittee Technology, Terrorism, and Government tees, and committees of conference. To continue hearings to examine pending Information Subcommittee calendar business. To hold hearings to examine identity This title requires all such committees SD–342 theft and information protection. to notify the Office of the Senate Daily Judiciary Digest—designated by the Rules com- To hold hearings to examine pending ju- SD–226 mittee—of the time, place, and purpose dicial nominations. Appropriations of the meetings, when scheduled, and SD–226 Defense Subcommittee 2:15 p.m. To hold closed hearings to examine an any cancellations or changes in the overview of intelligence programs. meetings as they occur. Foreign Relations Business meeting to consider pending S–407, Capitol As an additional procedure along calendar business. Health, Education, Labor, and Pensions with the computerization of this infor- S–116, Capitol Business meeting to markup S. 1992, to mation, the Office of the Senate Daily 2:30 p.m. amend the Employee Retirement In- Digest will prepare this information for Finance come Security Act of 1974 to improve printing in the Extensions of Remarks Social Security and Family Policy Sub- diversification of plan assets for par- section of the CONGRESSIONAL RECORD committee ticipants in individual account plans, on Monday and Wednesday of each Health, Education, Labor, and Pensions to improve disclosure, account access, Children and Families Subcommittee week. and accountability under individual ac- To hold joint hearings to examine work- count plans; and S. 1335, to support Meetings scheduled for Thursday, ing families and child care issues. March 14, 2002 may be found in the business incubation in academic set- SD–215 tings. Daily Digest of today’s RECORD. Armed Services SD–430 SeaPower Subcommittee Banking, Housing, and Urban Affairs MEETINGS SCHEDULED To hold hearings on proposed legislation To continue oversight hearings to exam- authorizing funds for fiscal year 2003 MARCH 15 for the Department of Defense, focus- ine accounting and investor protection issues raised by the fall of the Enron 9:30 a.m. ing on maximizing fleet presence capa- Corporation and by other public com- Health, Education, Labor, and Pensions bility, ship procurement, and research panies. To hold hearings to examine child care and development. improvement issues. SR–222 SD–538 SD–430 Environment and Public Works Environment and Public Works 1:30 p.m. To hold hearings to examine mobility, To hold hearings to examine legislative Appropriations congestion, and intermodalism, focus- initiatives that would impose limits on Energy and Water Development Sub- ing on fresh ideas for transportation the shipments of out-of-State munic- committee demand, access, mobility, and program ipal solid waste and authorize State To hold hearings on proposed budget es- flexibility. and local governments to exercise flow timates for fiscal year 2003 for the De- SD–406 control. partment of Energy. Appropriations SD–406 SD–138 Military Construction Subcommittee 1:30 p.m. To hold hearings on proposed budget es- Appropriations MARCH 18 timates for fiscal year 2003 for the De- Treasury and General Government Sub- partment of the Navy and Air Force 10 a.m. committee military construction. To hold hearings on proposed budget es- Governmental Affairs SD–138 timates for fiscal year 2003 for the Of- International Security, Proliferation and Commerce, Science, and Transportation fice of Management and Budget. Federal Services Subcommittee To hold hearings on the nomination of To hold hearings on Federal workplace Vice Admiral Thomas Collins to be SD–192 reform proposals. Commandant of the United States 2 p.m. SD–342 Coast Guard. Veterans’ Affairs Appropriations SR–253 To hold joint hearings with the House Energy and Water Development Sub- Health, Education, Labor, and Pensions Committee on Veterans’ Affairs to ex- committee Public Health Subcommittee amine the legislative presentations of To hold hearings on proposed budget es- To hold hearings on women’s health American Ex-Prisoners of War, the timates for fiscal year 2003 for the Na- issues. Vietnam Veterans of America, the Re- tional Security Administration, nu- SD–430 tired Officers Association, the National clear reactors, and nuclear prolifera- 3 p.m. Association of State Directors of Vet- tion. Commerce, Science, and Transportation erans Affairs, and AMVETS. SD–124 Oceans, Atmosphere, and Fisheries Sub- 345, Cannon Building committee 2:30 p.m. MARCH 19 To hold oversight hearings to examine Armed Services 9:30 a.m. the budget of the United States Coast Strategic Subcommittee Armed Services Guard. To hold hearings on proposed legislation To hold hearings to examine the world- SR–253 authorizing funds for fiscal year 2003 wide threat to United States interests for the Department of Defense, focus- MARCH 20 (to be followed by closed hearings in ing on national security space pro- SH–219). 9:30 a.m. grams and strategic programs. SH–216 Governmental Affairs SR–232A Banking, Housing, and Urban Affairs To hold hearings to examine issues with Intelligence To hold oversight hearings to examine respect to the collapse of the Enron To hold closed hearings to examine pend- accounting and investor protection Corporation, focusing on credit rating ing intelligence matters. issues raised by the fall of the Enron agencies. SH–219 Corporation and by other public com- SD–342 panies. Armed Services SD–538 Personnel Subcommittee MARCH 21 10 a.m. To hold hearings on proposed legislation 9:30 a.m. Appropriations authorizing funds for fiscal year 2003 Commerce, Science, and Transportation Commerce, Justice, State, and the Judici- for the Department of Defense, focus- To hold hearings to examine airport ca- ary Subcommittee ing on recruiting and retention in the pacity expansion plans in the Chicago To hold hearings on proposed budget es- military services. area. timates for fiscal year 2003 for the Na- SR–232A SR–253 CONGRESSIONAL RECORD — Extensions of Remarks E345 10 a.m. Indian Affairs APRIL 10 Appropriations To hold hearings on S. 958, to provide for 10:30 a.m. Commerce, Justice, State, and the Judici- the use and distribution of the funds Judiciary ary Subcommittee awarded to the Western Shoshone iden- Antitrust, Competition and Business and tifiable group under Indian Claims To hold hearings on proposed budget es- Consumer Rights Subcommittee Commission Docket Numbers 326–A–1, timates for fiscal year 2003 for the Fed- To hold hearings to examine cable com- 326–A–3, 326–K. eral Bureau of Investigation, Immigra- petition, focusing on the ATT-Comcast tion and Naturalization Service, and SR–485 2:30 p.m. merger. the Drug Enforcement Administration, Commerce, Science, and Transportation SD–226 all of the Department of Justice. Science, Technology, and Space Sub- SD–116 committee Armed Services To hold hearings to examine federal re- CANCELLATIONS Readiness and Management Support Sub- search and development issues. committee SR–253 MARCH 19 To hold hearings on proposed legislation Appropriations authorizing funds for fiscal year 2003 District of Columbia Subcommittee 9:30 a.m. for the Department of Defense and the To hold hearings on proposed budget es- Armed Services Future Years Defense Program, focus- timates for fiscal year 2003 for the Dis- To hold hearings on worldwide threats to ing on the readiness of U. S. Armed trict of Columbia Courts, Court Serv- United States interests; to be followed Forces for all assigned missions. ices, and Offender Supervision Agency. by closed hearings (in Room SH–219). SR–232A SD–192 SH–216 Wednesday, March 13, 2002 Daily Digest

Highlights The House passed H.R. 2341, Class Action Fairness Act. Senate Thomas/Bingaman/Murkowski Amendment No. Chamber Action 3005 (to Amendment No. 2917), to clarify the re- Routine Proceedings, pages S1799–S1870 quirement for the federal government to purchase re- Measures Introduced: Two bills were introduced, newable fuels. Pages S1837–38 as follows: S. 2011–2012. Page S1857 Thomas/Bingaman/Murkowski Amendment No. Energy Policy Act: Senate continued consideration 3006 (to Amendment No. 2917), to make con- of S. 517, to authorize funding for the Department forming changes in the table of contents. Page S1838 of Energy to enhance its mission areas through tech- Campbell/Brownback Amendment No. 3007 (to nology transfer and partnerships for fiscal years 2002 Amendment No. 2917), to strike the section estab- through 2006, taking action on the following lishing a program to provide assistance for State pro- amendments proposed thereto: grams to retire fuel-inefficient motor vehicles. Pages S1805–40, S1841–50 Pages S1838–40, S1841–43, S1845–46 Adopted: Domenici Amendment No. 3009 (to Amendment By 62 yeas to 38 nays (Vote No. 47), Levin No. 2917), to establish an Office within the Depart- Amendment No. 2997 (to Amendment No. 2917), ment of Energy to explore alternative management to provide alternative provisions to better encourage strategies for spent nuclear fuel. Pages S1846–47 increased use of alternative fueled and hybrid vehi- Bingaman (for Landrieu) Amendment No. 3010 cles. Pages S1812–28 (to Amendment No. 2917), to include biobased By 56 yeas to 44 nays (Vote No. 48), Miller polymers and chemicals in the biofuels program. Amendment No. 2998 (to Amendment No. 2917), Page S1848 to prohibit the increase of the average fuel economy Bingaman (for Landrieu) Amendment No. 3011 standard for pickup trucks. Page S1830 (to Amendment No. 2917), to direct the Secretary Thomas/Bingaman/Murkowski Amendment No. of Energy to study designs for high temperature hy- 3000 (to Amendment No. 2917), to clarify FERC drogen-producing nuclear reactors. Page S1848 merger market-based rate, and refund authority, and Pending: to strike the transmission interconnection provision. Daschle/Bingaman Further Modified Amendment Pages S1835–36 No. 2917, in the nature of a substitute. Page S1805 Thomas/Bingaman/Murkowski Amendment No. Feinstein Amendment No. 2989 (to Amendment 3001 (to Amendment No. 2917), to clarify provi- No. 2917), to provide regulatory oversight over en- sions on access to transmission by intermittent gen- ergy trading markets. Page S1805 erators and make conforming changes. Pages S1836–37 Kerry/McCain Amendment No. 2999 (to Amend- Thomas/Bingaman/Murkowski Amendment No. ment No. 2917), to provide for increased average 3002 (to Amendment No. 2917), to require states to fuel economy standards for passenger automobiles consider requiring time-of-use metering. Page S1837 and light trucks. Pages S1830–34 Thomas/Bingaman/Murkowski) Amendment No. 3003 (to Amendment No. 2917), to require states to A unanimous-consent agreement was reached pro- consider adopting the federal net metering standard. viding for the recognition of Senator Thomas to offer Page S1837 an amendment with respect to reliability, on Thurs- Thomas/Bingaman/Murkowski Amendment No. day, March 14, 2002. Page S1867 3004 (to Amendment No. 2917), to clarify state au- Campaign Finance Reform: Senate began consider- thority to protect electric consumers. Page S1837 ation of the motion to proceed to consideration of D220 March 13, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D221

H.R. 2356, to amend the Federal Election Campaign Charles M. Sheer, of Missouri, to be United States Act of 1971 to provide bipartisan campaign reform. Marshal for the Western District of Missouri for the Page S1840 term of four years. A motion was entered to close further debate on Gorden Edward Eden, Jr., of New Mexico, to be the motion to proceed to consideration of the bill United States Marshal for the District of New Mex- and, in accordance with the provisions of the Stand- ico for the term of four years. ing Rules of the Senate, a cloture vote will occur on John Lee Moore, of Texas, to be United States Friday, March 15, 2002. Page S1840 Marshal for the Eastern District of Texas for the Subsequently, the motion to proceed to consider- term of four years. ation of the bill was withdrawn. Page S1840 William P. Kruziki, of Wisconsin, to be United States Marshal for the Eastern District of Wisconsin Messages From the President: Senate received the for the term of four years. following messages from the President of the United 2 Air Force nominations in the rank of general. States: 1 Marine Corps nomination in the rank of general. Transmitting, pursuant to law, the Periodic Re- Routine lists in the Air Force, Army. Page S1869 port on the National Emergency with Respect to Iran; to the Committee on Banking, Housing, and Messages From the House: Page S1857 Urban Affairs. (PM–75) Page S1856 Measures Referred: Page S1857 Transmitting, pursuant to law, a report con- Measures Read First Time: Page S1867 cerning the continuation of the National Emergency with Respect to Iran beyond March 15, 2002; to the Executive Communications: Page S1857 Committee on Banking, Housing, and Urban Affairs. Additional Cosponsors: Pages S1857–58 (PM–76) Page S1856 Statements on Introduced Bills/Resolutions: Nominations Confirmed: Senate confirmed the fol- Page S1858 lowing nominations: Additional Statements: Pages S1855–56 Louis Kincannon, of Virginia, to be Director of the Census. Amendments Submitted: Pages S1857–66 Jeanette J. Clark, of the District of Columbia, to Authority for Committees to Meet: Pages S1866–67 be an Associate Judge of the Superior Court of the Privilege of the Floor: Page S1867 District of Columbia for the term of fifteen years. Record Votes: Two record votes were taken today. Page S1870 (Total—48) Pages S1827–28, S1830 Nominations Received: Senate received the fol- Adjournment: Senate met at 9 a.m., and adjourned lowing nominations: at 5:48 p.m., until 9:30 a.m., on Thursday, March Harold D. Stratton, of New Mexico, to be Chair- 14, 2002. (For Senate’s program, see the remarks of man of the Consumer Product Safety Commission. the Acting Majority Leader in today’s Record on Harold D. Stratton, of New Mexico, to be a Com- page S1869). missioner of the Consumer Product Safety Commis- sion for the remainder of the term expiring October 26, 2006. Committee Meetings David A. Gross, of Maryland, for the rank of Am- (Committees not listed did not meet) bassador during his tenure of service as Deputy As- sistant Secretary of State for International Commu- APPROPRIATIONS—COMMERCE nications and Information Policy in the Bureau of Committee on Appropriations: Subcommittee on Com- Economic and Business Affairs and U.S. Coordinator merce, Justice, State, and the Judiciary concluded for International Communications and Information hearings on proposed budget estimates for fiscal year Policy. 2003 for the Department of Commerce, after receiv- Michael Pack, of Maryland, to be a Member of the ing testimony from Donald L. Evans, Secretary of National Council on the Humanities for a term ex- Commerce. piring January 26, 2004. David Phillip Gonzales, of Arizona, to be United APPROPRIATIONS—LIBRARY OF States Marshal for the District of Arizona for the CONGRESS/CRS term of four years. Committee on Appropriations: Subcommittee on Legisla- Edward Zahren, of Colorado, to be United States tive Branch concluded hearings on proposed budget Marshal for the District of Colorado for the term of estimates for fiscal year 2003, after receiving testi- four years. mony in behalf of funds for their respective activities D222 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 2002 from James H. Billington, Librarian of Congress, American Public Transportation Association, and Donald L. Scott, Deputy Librarian of Congress, and Dale J. Marsico, Community Transportation Associa- Daniel P. Mulhollan, Director, Congressional Re- tion of America, both of Washington, D.C. search Service, all of the Library of Congress. NOMINATION APPROPRIATIONS—HOUSING AND URBAN Committee on Commerce, Science, and Transportation: DEVELOPMENT Committee concluded hearings on the nomination of Committee on Appropriations: Subcommittee on VA, Robert Watson Cobb, of Maryland, to be Inspector HUD, and Independent Agencies concluded hearings General, National Aeronautics and Space Adminis- on proposed budget estimates for fiscal year 2003 for tration, after the nominee testified and answered the Department of Housing and Urban Develop- questions in his own behalf. ment, after receiving testimony from Mel Martinez, Secretary of Housing and Urban Development. GREENHOUSE GAS EMISSIONS Committee on Environment and Public Works: Com- DEFENSE AUTHORIZATION mittee concluded hearings to examine the economic Committee on Armed Services: Subcommittee on Per- and environmental risks associated with increasing sonnel concluded hearings on proposed legislation greenhouse gas emissions, focusing on the potential authorizing funds for fiscal year 2003 for the De- impact of growing anthropogenic emissions of green- partment of Defense Health Program, after receiving house gases into the atmosphere, after receiving tes- testimony from William Winkenwerder, Jr., Assist- timony from F. Sherwood Rowland, University of ant Secretary for Health Affairs and Thomas F. California, Irvine Department of Chemistry, Irvine; Carrato, Executive Director, TRICARE Management Roger A. Pielke, Jr., University of Colorado Center Activity, both of the Department of Defense; Rear for Science and Technology Policy Research, Boul- Adm. (Lower Half) Richard A. Mayo, USN, Com- der; David R. Legates, University of Delaware Center mand Surgeon for the United States Pacific Com- for Climatic Research, Newark; Sallie Baliunas, Har- mand; Brig. Gen. Charles B. Green, USAF, Com- vard-Smithsonian Center for Astrophysics, Cam- mand Surgeon for the United States Transportation bridge, Massachusetts; Martin Whittaker, Innovest Command; Col. Ronald A. Maul, USA, Command Strategic Value Advisors, Inc., Ontario, Canada; and Surgeon for the United States Central Command; Jack D. Cogen, Natsource, New York, New York. Capt. Richard B. Hall II, USN, Command Surgeon for the United States European Command; and Col. WAR ON TERRORISM Stephen L. Jones, USA, Command Surgeon for the Committee on Foreign Relations: Committee met in United States Southern Command. closed session to receive a briefing on the war on ter- rorism from Richard L. Armitage, Deputy Secretary DEFENSE AUTHORIZATION of State. Committee on Armed Services: Subcommittee on Stra- tegic concluded hearings hearings on proposed legis- NOMINATION lation authorizing funds for fiscal year 2003 for the Committee on Foreign Relations: Committee concluded Department of Defense and the Future Years Defense hearings on the nomination of Robert Patrick John Program, focusing on Ballistic Missile Defense ac- Finn, of New York, to be Ambassador to Afghani- quisition policy and oversight, after receiving testi- stan, after the nominee testified and answered ques- mony from E. C. Aldridge, Under Secretary for Ac- tions in his own behalf. quisition, Technology and Logistics, Thomas P. PUBLIC HEALTH/NATURAL RESOURCES Christie, Director of Operational Test and Evalua- tion, and Lt. Gen. Ronald T. Kadish, USAF, Direc- Committee on Governmental Affairs: Committee con- tor, Missile Defense Agency, all of the Department cluded hearings to examine the Federal implementa- of Defense. tion of environmental laws as they apply to public health and natural resources, after receiving testi- TRANSPORTATION EQUITY ACT mony from Connecticut Attorney General Richard Committee on Banking, Housing, and Urban Affairs: Blumenthal, Hartford; Richard J. Dove, Waterkeeper Committee concluded oversight hearings on the im- Alliance, New Bern, North Carolina; Kenneth plementation and reauthorization of the public trans- Green, Reason Public Policy Institute, Los Angeles, portation provisions of the Transportation Equity California; Donald Newhouse, Guardians of the Act for the 21st Century (TEA–21) (105–178), after Rural Environment, Yarnell, Arizona; Hope Sieck, receiving testimony from Norman Y. Mineta, Sec- Greater Yellowstone Coalition, Bozeman, Montana; retary of Transportation; John Inglish, Utah Transit and Stephen C. Torbit, National Wildlife Federation Authority, Salt Lake City; and William W. Millar, Rocky Mountain Natural Resource Center, Boulder, March 13, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D223

Colorado, on behalf of the Wyoming Outdoor Coun- ment of State; Curtis W. Kamman, former U.S. Am- cil and Biodiversity Associates. bassador to Colombia; and R. Grant Smith, Johns DRUGS AND TERRORISM Hopkins University School of Advanced Inter- national Studies/Central Asia Caucasus Institute, Committee on the Judiciary: Subcommittee on Tech- Washington, D.C., former U. S. Ambassador to nology, Terrorism, and Government Information Tajikistan, Michael Shifter, Georgetown University concluded hearings to examine the worldwide con- School of Foreign Service Center for Latin American nection between drugs and terrorism, focusing on Studies, and Martha Brill Olcott, Carnegie Endow- identification and investigation of criminal and ter- ment for International Peace, all of Washington, rorist groups, after receiving testimony from Asa D.C. Hutchinson, Administrator, Drug Enforcement Ad- ministration, Department of Justice; Richard New- comb, Director, Office of Foreign Assets Control, INTELLIGENCE Department of the Treasury; R. Rand Beers, Assist- Select Committee on Intelligence: Committee held closed ant Secretary, Bureau for International Narcotics and hearings on intelligence matters, receiving testimony Law Enforcement Affairs, and Francis X. Taylor, Co- from officials of the intelligence community. ordinator for Counter Terrorism, both of the Depart- Committee recessed subject to call. h House of Representatives month periodic report on the national emergency Chamber Action with respect to Iran that was declared in Executive Measures Introduced: 13 public bills, H.R. Order 12957 of March 15, 1995—referred to the 3951–3963; 1 private bill, H.R. 3964 and; 3 resolu- Committee on International Relations and ordered tions, H. Con. Res. 349, and H. Res. 368–369 were printed (H. Doc. 107–188). Page H847 introduced. Pages H906–07 Class Action Fairness Act: The House passed H.R. Reports Filed: No reports were filed today. 2341, to amend the procedures that apply to consid- Speaker Pro Tempore: Read a letter from the Speaker eration of interstate class actions to assure fairer out- wherein he appointed Representative Simpson to act comes for class members and defendants, to outlaw as Speaker pro tempore for today. Page H835 certain practices that provide inadequate settlements Guest Chaplain: The prayer was offered by the for class members, to assure that attorneys do not re- guest Chaplain, LCDR Bryan K. Finch, Chaplain, ceive a disproportionate amount of settlements at the U.S. Coast Guard Training Center, Yorktown, Vir- expense of class members, to provide for clearer and simpler information in class action settlement no- ginia. Pages H835–36 tices, to assure prompt consideration of interstate Journal Vote: Agreed to the Speaker’s approval of class actions, to amend title 28, United States Code, the Journal of Tuesday, March 12 by a yea-and-nay and to allow the application of the principles of Fed- vote of 355 yeas to 45 nays with 1 voting ‘‘present,’’ eral diversity jurisdiction to interstate class actions Roll No. 54. Pages H837–38 by a yea-and-nay vote of 233 yeas to 190 nays, Roll Presidential Messages: Read the following mes- No. 62. Pages H885–86 sages from the President: Rejected the Sandlin of Texas motion to recommit Continuation of National Emergency re Iran: the bill to the Committee on the Judiciary with in- Message wherein he transmitted a notice stating that structions to report it back with an amendment that it is necessary to continue the national emergency prohibits defendants who are knowing participants declared with respect to Iran and maintain in force in conspiracies to hijack aircraft or commit acts of comprehensive sanctions against Iran to respond to terrorism to remove a class action to Federal court this threat—referred to the Committee on Inter- by a recorded vote of 191 ayes to 235 noes, Roll No. national Relations and ordered printed (H. Doc. 61. Pages H884–85 107–187); and Pages H846–47 Pursuant to the rule, the amendment in the na- Six Month Periodic Report on National Emer- ture of a substitute recommended by the Committee gency re Iran: Message wherein he transmitted a 6- on the Judiciary now printed in the bill, H. Rept. D224 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 2002 107–370, was considered as an original bill for the records or documents (rejected by a recorded vote of purpose of amendment. Page H857 177 ayes to 248 noes, Roll No. 59); and Agreed To: Pages H882–83 Nadler amendment No. 2, printed in H. Rept. Frank amendment No. 8, printed in H. Rept. 107–375, as modified, that prohibits any order, 107–375, as modified, that sought to require Federal opinion, or record of the court from being sealed or courts which refuse to certify a class action under subjected to a protective order unless the court finds rule 23 of the Federal rules of Civil Procedure to re- that the sealing or protective order is narrowly tai- mand all aspects of the action to the State court lored, consistent with the protection of public health from which it was removed (rejected by a recorded and safety, and is in the public interest; vote of 191 ayes to 234 noes, Roll No. 60). Pages H859–60 Pages H883–84 Keller amendment No. 4, printed in H. Rept. H. Res. 367, the rule that provided for consider- 107–375, as modified, that requires courts with ju- ation of the bill was agreed to by voice vote. Earlier, risdiction over a plaintiff class action to disclose agreed to order the previous question by a yea-and- their fees to each plaintiff if there is a settlement or nay vote of 221 yeas to 198 nays, Roll No. 55. judgment for the plaintiffs; and Page H863 Page H846 Hart amendment No. 9, printed in H. Rept. 107–375, as modified, that directs the Judicial Con- Discharge Petition: Pursuant to Clause 2 of Rule ference of the United States with the assistance of XV, Representative Israel filed a motion to discharge the Director of the Federal Judicial Center and the the Committee on Rules from the consideration of Director of the Administrative Office of the United H. Res. 352, providing for consideration of H.R. States Courts to prepare and transmit to the Com- 3341, to provide a short-term enhanced safety net mittees on the Judiciary of the Senate and House of for Americans losing their jobs and to provide our Representatives a report on class action settlements Nation’s economy with a necessary boost. in the Federal courts, within 12 months after the Quorum Calls—Votes: Three yea-and-nay votes date of enactment. Pages H879–82 and six recorded votes developed during the pro- Rejected: ceedings of the House today and appear on pages Waters amendment No. 3, printed in H. Rept. H837–38, H846, H872, H872–73, H873–74, 107–375, as modified, that sought to deem a party H882–83, H883–84, H885, and H885–86. There in a class action suit as admitting any fact with re- were no quorum calls. spect to which a discovery order was issued when Adjournment: The House met at 10 a.m. and ad- that party withholds or destroys material subject to journed at 9:12 p.m. the order (rejected by a recorded vote of 174 ayes to 251 noes, Roll No. 56); Page H872 Lofgren amendment No. 5, printed in H. Rept. Committee Meetings 107–375, as modified, that sought to strike the pro- vision that deems a civil action to be a class action AGRICULTURE, RURAL DEVELOPMENT, if the plaintiff acts for the interests of its members AND FDA APPROPRIATIONS (who are not named parties to the action) or for the interests of the general public, seeks a remedy of Committee on Appropriations: Subcommittee on Agri- damages, restitution, disgorgement, or any other culture, Rural Development, Food and Drug Admin- form of monetary relief, and is not a State attorney istration and Related Agencies held a hearing on general (rejected by a recorded vote of 194 ayes to Farm and Foreign Agricultural Services. Testimony was heard from the following officials of the USDA: 231 noes, Roll No.57); Pages H872–73 Conyers amendment No. 6, printed in H. Rept. Stephen B. Dewhurst, Budget Officer; J. B. Penn, 107–375, as modified, that sought to treat a foreign Under Secretary, Farm and Foreign Agricultural corporation which acquires a domestic corporation as Services; James Little, Administrator, Farm Service being incorporated in the State where the domestic Agency; Ross Davidson, Administrator, Risk Man- corporation was organized (rejected by a recorded agement Agency; Ellen Terpstra, Administrator, For- vote of 202 ayes to 223 noes, Roll No.58); eign Agricultural Service; and Mary Chambliss, Act- ing General Sales Manager. Pages H873–74 Jackson-Lee amendment No. 7, printed in H. Rept. 107–375, as modified, that sought to prohibit COMMERCE, JUSTICE, STATE AND a party from removing a class action to a district JUDICIARY APPROPRIATIONS court if the party has been found by a court to have Committee on Appropriations: Subcommittee on Com- knowingly altered, destroyed, or misrepresented merce, Justice, State and Judiciary held a hearing on March 13, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D225

Supreme Court, and on Small Business Administra- TRANSPORTATION APPROPRIATIONS tion. Testimony was heard from the following Asso- Committee on Appropriations: Subcommittee on Trans- ciate Justices of the Supreme Court: Anthony M. portation held a hearing on FAA. Testimony was Kennedy; and Clarence Thomas; and Hector V. heard from the following officials of the Department Barreto, Administrator, SBA. of Transportation: Kenneth M. Mead, Inspector Gen- DEFENSE APPROPRIATIONS eral; and Jane F. Garvey, Administrator, FAA. Committee on Appropriations: Subcommittee on Defense TREASURY, POSTAL SERVICE AND held a hearing on Defense Transformation. Testi- GENERAL GOVERNMENT APPROPRIATIONS mony was heard from the following officials of the Committee on Appropriations: Subcommittee on Treas- Department of Defense: E. C. Aldridge, Under Sec- ury, Postal Service and General Government held a retary, Defense; and Vice Adm. Arthur Cebrowski, hearing on GSA, and on U.S. Postal Service. Testi- (Ret.) Director, Force Transformation. mony was heard from Stephen A. Perry, Adminis- ENERGY AND WATER DEVELOPMENT trator, GSA; and John E. Potter, Postmaster General APPROPRIATIONS and CEO, U.S. Postal Service. Committee on Appropriations: Subcommittee on Energy VA, HUD AND INDEPENDENT AGENCIES and Water Development held a hearing on Depart- APPROPRIATIONS ment of Energy-Science, Nuclear Energy and Renew- Committee on Appropriations: Subcommittee on Vet- able Energy. Testimony was heard from Robert erans’ Affairs, Housing and Urban Development, and Card, Under Secretary, Energy, Science and Environ- Independent Agencies held a hearing on Office of ment, Department of Energy. Science Technology Policy, and on Department of FOREIGN OPERATIONS APPROPRIATIONS Defense—Civil, Cemeterial Expenses, Army. Testi- Committee on Appropriations: Subcommittee on Foreign mony was heard from John H. Marburger III, Direc- Operations, Export Financing and Related Programs tor, Office of Science and Technology Policy; and Les held a hearing on Administrator of Agency for Inter- Brownlee, Under Secretary, Department of the national Development. Testimony was heard from Army. Andrew S. Natsios, Administrator, AID, Department ENERGY DEPARTMENT BUDGET REQUEST of State. Committee on Armed Services: Held a hearing on the INTERIOR APPROPRIATIONS fiscal year 2003 Department of Energy budget re- Committee on Appropriations: Subcommittee on Interior quest. Testimony was heard from Spencer Abraham, held a hearing on Forest Service. Testimony was Secretary of Energy. heard from Dale N. Bosworth, Chief, Forest Service, NATIONAL DEFENSE AUTHORIZATION USDA. BUDGET REQUEST LABOR, HHS AND EDUCATION Committee on Armed Services: Subcommittee on Mili- APPROPRIATIONS tary Personnel held a hearing on the fiscal year 2002 Committee on Appropriations: Subcommittee on Labor, National Defense Authorization budget request. Tes- Health and Human Services, and Education held a timony was heard from the following officials of the hearing on National Institutes of Health Fiscal Year Department of Defense: David S. Chu, Under Sec- 2003 Budget Overview. Testimony was heard from retary, Personnel and Readiness; Lt. Gen. John M. Ruth L. Kirschstein, M.D., Acting Director, NIH, LeMoyne, USA, Deputy Chief of Staff, U.S. Army; Department of Health and Human Services. Vice Adm. Norbert R. Ryan, Jr., USN, Chief of Naval Personnel; and Lt. Gen. Garry L. Parks, MILITARY CONSTRUCTION USMC, Deputy Commandant, Manpower and Re- APPROPRIATIONS serve Affairs, U.S. Marine Corps, both with the De- Committee on Appropriations: Subcommittee on Mili- partment of the Navy; Lt. Gen. Richard E. Brown tary Construction held a hearing on Housing Privat- III, USAF, Deputy Chief of Staff, Personnel, US Air ization. Testimony was heard from the following of- Force; Craig W. Duehring, Principal Deputy Assist- ficials of the Department of Defense: Ray Dubois, ant Secretary (Reserve Affairs); Lt. Gen. Russell C. Deputy Under Secretary, Installations and Environ- Davis, USAF, Chief National Guard Bureau; Lt. ment; Geoffrey Prosch, Principal Deputy Assistant Gen. Thomas J. Plewes, Chief, U.S. Army Reserve; Secretary, Department of the Army; H.T. Johnson, Vice Adm. John B. Totushek, Chief, Naval Reserve; Assistant Secretary, Installations and Environment; Lt. Gen. James E. Sherrard III, Chief, Air Force Re- and Jimmy Dishner, Deputy Secretary, Installations, serve; Maj. Gen. Dennis M. McCarthy, Commander, both with the Department of the Navy. Marine Forces Reserve; Lt. Gen. Roger C. Schultz, D226 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 2002 Director, Army National Guard; Brig. Gen. David GOVERNMENT PURCHASE CARDS—USE A. Brubaker, Deputy Director, Air National Guard; AND ABUSE and representatives of veterans organizations. Committee on Government Reform: Subcommittee on Government Efficiency, Financial Management, and COMPETITIVE SOURCING Intergovernmental Affairs held a hearing on ‘‘The Committee on Armed Services: Subcommittee on Mili- Use and Abuse of Government Purchase Cards.’’ Tes- tary Readiness held a hearing on competitive timony was heard from Senator Grassley; Gregory D. sourcing/outscourcing/A–76 and strategic sourcing. Kutz, Director, Financial Management and Assur- Testimony was heard from Angela B. Styles, Admin- ance, GAO; and the following officials of the De- istrator, Federal Procurement Policy, OMB; and the partment of Defense: Tina Jones, Deputy Under Sec- following officials of the Department of Defense: Mi- retary, Financial Management; Deidre A. Lee, Direc- chael M. Wynne, Principal Deputy Under Secretary tor, Defense Procurement, Office of the Under Sec- (Acquisition, Technology and Logistics); Mario P. retary, Acquisition, Technology and Logistics; Capt. Fiori, Assistant Secretary (Installations and Environ- Patricia Miller, USN, Commanding Officer, Space ment), Department of the Army; H.T. Johnson, As- and Naval Warfare Systems Center; and Capt. James sistant Secretary (Installations and Environment), De- partment of the Navy; and Michael Dominguez, As- Barrett; USN, Commanding Officer, Navy Public sistant Secretary (Manpower and Reserve Affairs), Works Center, both in San Diego, California; and a Department of the Air Force. public witness. BUDGET RESOLUTION FISCAL YEAR 2003 TRANSATLANTIC RELATIONS Committee on the Budget: Began markup of the Fiscal Committee on International Relations: Subcommittee on Year 2003 Budget Resolution. Europe held a hearing on U.S. and Europe: The Bush Administration and Transatlantic Relations. EDUCATION SCIENCES REFORM ACT Testimony was heard from A. Elizabeth Jones, As- sistant Secretary, Bureau of European and Eurasian Committee on Education and the Workforce: Sub- Affairs, Department of State. committee on Education Reform approved for full Committee action, as amended, H.R. 3801, Edu- cation Sciences Reform Act of 2002. OVERSIGHT—KLAMATH RIVER BASIN THREATENED FISHES ASSESSING MENTAL HEALTH PARITY Committee on Resources: Held an oversight hearing on Committee on Education and the Workforce: Sub- the National Academy of Science Interim Report on committee on Employer-Employee Relations held a Endangered and Threatened Fishes in the Klamath hearing on ‘‘Assessing Mental Health Parity: Impli- River Basin. Testimony was heard from Sue Ellen cations for Patients and Employers.’’ Testimony was Wooldridge, Deputy Chief of Staff, Department of heard from Representatives Roukema and Kennedy the Interior; William T. Hogarth, Assistant Admin- of Rhode Island, and public witnesses. istrator, Fisheries, National Marine Fisheries Service, NOAA, Department of Commerce; and a public wit- HHS HEALTH CARE PRIORITIES ness. Committee on Energy and Commerce: Subcommittee on Health held a hearing entitled ‘‘The 2003 Budget: ENERGY PIPELINE RESEARCH, A Review of the HHS Health Care Priorities.’’ Testi- DEVELOPMENT, AND DEMONSTRATION mony was heard from Tommy G. Thompson, Sec- ACT retary of Health and Human Services. Committee on Science: Subcommittee on Energy held a hearing on the Energy Pipeline Research, Develop- CORPORATE AND AUDITING ment, and Demonstration Act. Testimony was heard ACCOUNTABILITY, RESPONSIBILITY, AND from public witnesses. TRANSPARENCY ACT Committee on Financial Services: Held a hearing on NSF BUDGET H.R. 3763, Corporate and Auditing Accountability, Committee on Science: Subcommittee on Research held Responsibility, and Transparency Act of 2002. Testi- a hearing on the NSF Budget: How Should We De- mony was heard from Roderick M. Hills, former termine Future Levels? Testimony was from public Chairman, SEC; and public witnesses. witnesses. Hearings continue March 20. March 13, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D227 SUBSIDY RATE CALCULATION NEW PUBLIC LAWS Committee on Small Business: Held a hearing on ‘‘Sub- (For last listing of Public Laws, see DAILY DIGEST of March 12, sidy Rate Calculation: Unfair Tax on Small Busi- 2002, p. D215) ness.’’ Testimony was heard from Nancy Dorn, Dep- S. 1206, to reauthorize the Appalachian Regional uty Director, OMB; Hector V. Barreto, Jr., Admin- Development Act of 1965. Signed on March 12, istrator, SBA; and public witnesses. 2002. (Public Law 107–149) H.R. 1892, to amend the Immigration and Na- OVERSIGHT—PORT SECURITY tionality Act to provide for the acceptance of an affi- Committee on Transportation and Infrastructure: Sub- davit of support from another eligible sponsor if the committee on Coast Guard and Maritime Transpor- original sponsor has died and the Attorney General tation held an oversight hearing on Port Security: has determined for humanitarian reasons that the Shipping Containers. Testimony was heard from original sponsor’s classification petition should not Capt. Anthony Regalbuto, USCG, Chief, Port Secu- be revoked. Signed on March 13, 2002. (Public Law rity, U.S. Coast Guard, Department of Transpor- 107–150) tation; Richard Larrabee, Director, Post Commerce, H.R. 3699, to revise certain grants for continuum Port Authority of New York and New Jersey; and of care assistance for homeless individual and fami- public witnesses. lies. Signed on March 13, 2002. (Public Law 107–151) WATER QUALITY FINANCING ACT f Committee on Transportation and Infrastructure: Sub- COMMITTEE MEETINGS FOR THURSDAY, committee on Water Resources and Environment MARCH 14, 2002 held a hearing on the Water Quality Financing Act (Committee meetings are open unless otherwise indicated) of 2002. Testimony was heard from Benjamin H. Grumbles, Deputy Assistant Administrator, Water, Senate EPA; and public witnesses. Special Committee on Aging: to hold hearings to examine the current economy and its impact on seniors, focusing DVA INFORMATION PROGRAM on funds for Medicaid, health, and senior services, 9:30 a.m., SD–628. Committee on Veterans’ Affairs: Subcommittee on Over- Committee on Appropriations: Subcommittee on Agri- sight and Investigations held a hearing on the De- culture, Rural Development, and Related Agencies, to partment of Veterans Affairs Information program, hold hearings to examine farm economy and rural sector with a review of VA’s integrated systems architec- issues, 10 a.m., SD–138. ture plan, Veterans Benefits Administration’s Subcommittee on Treasury and General Government, VETSNET program, information security, Veterans to hold hearings on proposed budget estimates for fiscal Health Administration’s Decision Support Systems, year 2003 for the Department of the Treasury, 2 p.m., and the Government Computer-Based Patient SD–138. Subcommittee on Labor, Health and Human Services, Record Program. Testimony was heard from David and Education, to hold hearings on proposed budget esti- L. McClure, Director, Accounting and Information mates for fiscal year 2003 for the Department of Edu- Management Issues, GAO; from the following offi- cation, 2:30 p.m., SD–124. cials of the Department of Veterans Affairs: Richard Subcommittee on District of Columbia, to hold hear- Griffin, Inspector General; and John A. Gauss, As- ings to examine regional emergency planning for the Na- sistant Secretary, Information Technology; and a tion’s Capital, 2:30 p.m., SD–192. public witness. Committee on Armed Services: to hold hearings on pro- posed legislation authorizing funds for fiscal year 2003 BUDGET VIEWS AND ESTIMATES for the Department of Defense, focusing on the atomic energy defense activities of the Department of Energy, Committee on Ways and Means: Approved Committee 9:30 a.m., SH–216. Budget Views and Estimates for Fiscal Year 2003 for Subcommittee on Airland, to hold hearings to examine submission to the Committee on the Budget. proposed legislation authorizing funds for fiscal year 2003 for the Department of Defense, focusing on Army mod- UNMANNED VEHICLE PROGRAMS ernization and transformation, 2:30 p.m., SR–222. Committee on Banking, Housing, and Urban Affairs: to re- Permanent Select Committee on Intelligence: Sub- sume oversight hearings to examine accounting and inves- committee on Technical and Tactical Intelligence tor protection issues raised by the Enron situation, and met in executive session to hold a hearing on Un- other public companies, focusing on the accounting pro- manned Vehicle Programs. Testimony was heard fession, audit quality and independence, and formulation from departmental witnesses. of accounting principles, 10 a.m., SD–538. D228 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 2002 Full Committee, to hold hearings on the nominations House of JoAnn Johnson, of Iowa, and Deborah Matz, of New Committee on Appropriations, Subcommittee on Agri- York, each to be a Member of the National Credit Union culture, Rural Development, Food and Drug Administra- Administration Board, 3 p.m., SD–538. tion and Related Agencies, on Food Safety and Inspection Committee on Commerce, Science, and Transportation: to Service, 9:30 a.m., 2362A Rayburn. hold hearings on S. 1991, to establish a national rail pas- Subcommittee on Commerce, Justice, State and Judici- senger transportation system, reauthorize Amtrak, and ary, on State Department-International Organizations, 10 improve security and service on Amtrak, 9:30 a.m., a.m., and on NOAA, 2 p.m., H–309 Capitol. SR–253. Subcommittee on Defense, on Fiscal Year 2003 Army Committee on Finance: Subcommittee on Health Care, to Budget Overview, 9:30 a.m., H–140 Capitol. hold hearings to examine reimbursement and access to Subcommittee on Energy and Water Development, on prescription drugs under Medicare Part B, 10 a.m., Department of Energy-Nuclear Waste Management and SD–215. Disposal, 10 a.m., 2362B Rayburn. Committee on Foreign Relations: to hold hearings on the Subcommittee on Interior, oversight hearing on Bureau nomination of Richard Monroe Miles, of South Carolina, of Indian Affairs, and Office of Special Trustee for Amer- to be Ambassador to Georgia; the nomination of James ican Indians, 10 a.m., B–308 Rayburn. W. Pardew, of Arkansas, to be Ambassador to the Re- Subcommittee on Labor, Health and Human Service public of Bulgaria; the nomination of Peter Terpeluk, Jr., and Education, on National Institutes of Health Panel: of Pennsylvania, to be Ambassador to Luxembourg; and From Bench to Bedside and Beyond, 9:45 a.m., 2358 the nomination of Lawrence E. Butler, of Maine, to be Rayburn. Ambassador to The Former Yugoslav Republic of Mac- Subcommittee on Transportation, on Member of Con- edonia, 2 p.m., SD–419. gress, 10 a.m., 2358 Rayburn. Committee on Health, Education, Labor, and Pensions: to Subcommittee on Treasury, Postal Service and General Government on OMB, 10 a.m., and on Executive Office hold hearings to examine the future of American steel, fo- of the President, 2 p.m., 2359 Rayburn. cusing on ensuring the viability of the industry and the Subcommittee on VA, HUD and Independent Agen- health care and retirement security for workers, 2 p.m., cies, on Community Development Financial Institutions, SD–430. 10 a.m., and on National Institute of Environmental Committee on Indian Affairs: to hold hearings on the Health Services, 11 a.m., H–143 Capitol. President’s budget request for Indian programs for fiscal Committee on Armed Services, to continue hearings on the year 2003, 10 a.m., SR–485. fiscal year 2003 National Defense Authorization budget Committee on the Judiciary: to hold hearings to examine request, 9:30 a.m., 2118 Rayburn. competition, innovation, and public policy concerning Special Oversight Panel on the Merchant Marine, hear- digital creative works, 10 a.m., SD–106. ing on the fiscal year 2003 Maritime Administration Au- Full Committee, business meeting to consider S. 1356, thorization budget request, 8 a.m., 2212 Rayburn. to establish a commission to review the facts and cir- Subcommittee on Military Readiness, hearing on envi- cumstances surrounding injustices suffered by European ronmental and encroachment issues, 2 p.m., 2118 Ray- Americans, Europeans Latin Americans, and European ref- burn. ugees during World War II; S. 924, to provide reliable Committee on Energy and Commerce, Subcommittee on officers, technology, education, community prosecutors, Oversight and Investigations, to continue hearings on the and training in our neighborhoods; S. Res. 207, desig- Financial Collapse of Enron Corp., focusing on Enron’s nating March 31, 2002, and March 31, 2003, as ‘‘Na- inside and outside counsel, 10 a.m., 2322 Rayburn. tional Civilian Conservation Corps Day’’; S. Res. 206, Committee on Financial Services, Subcommittee on Finan- designating the week of March 17 through March 23, cial Institutions and Consumer Credit, hearing on the Fi- 2002 as ‘‘National Inhalants and Poison Prevention nancial Services Regulatory Relief Act of 2002, 9:30 Week’’; S. Res. 221, to commemorate and acknowledge a.m., 2128 Rayburn. Subcommittee on Housing and Community Oppor- the dedication and sacrifice made by the men and women tunity, to consider H.R. 2941, Brownfields Redevelop- who have lost their lives while serving as law enforcement ment Enhancement Act; followed by a hearing entitled officers; and pending nominations, 2 p.m., SD–106. ‘‘Review of the Community Development Block Grant Committee on Veterans’ Affairs: to hold joint hearings Program,’’ 10 a.m., 2220 Rayburn. with the House Committee on Veterans’ Affairs to exam- Committee on Government Reform, to consider the fol- ine the legislative presentations of the Gold Star Wives lowing: H.R. 3340, to amend title 5, United States Code, of America, the Fleet Reserve Association, the Air Force to allow certain catch-up contributions to the Thrift Sav- Sergeants Association, and the Retired Enlisted Associa- ings Plan to be made by participants age 50 or over; tion, 10 a.m., 345 Cannon Building. H.R. 3921, Acquisition Streamling Improvement Act; Full Committee, to hold hearings on the nomination the Federal Property Asset Management Reform Act of of Robert H. Roswell, of Florida, to be Under Secretary 2002; the Freedom to Telecommute Act of 2002; the for Health, and the nomination of Daniel L. Cooper, of Digital Tech Corps Act of 2001; and a draft report enti- Pennsylvania, to be Under Secretary for Benefits, both of tled ‘‘Justice Undone: Clemency Decisions in the Clinton the Department of Veterans Affairs, 2 p.m., SR–418. White House,’’ 10 a.m., 2154 Rayburn. March 13, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D229

Committee on International Relations, hearing on the Af- Committee on Transportation and Infrastructure, Sub- ghanistan Freedom Support Act of 2002, 10 a.m., 2172 committee on Aviation and the Subcommittee on Rail- Rayburn. roads, joint oversight hearing on Reauthorization of the Committee on the Judiciary, Subcommittee on Courts, the National Transportation Safety Board, 10 a.m., 2167 Internet, and Intellectual Property, oversight hearing on Rayburn. ‘‘Patent Law and Non-Profit Research Collaboration,’’ 9 Subcommittee on Coast Guard and Maritime Transpor- a.m., 2141 Rayburn. tation, oversight hearing on Financial Responsibility for Subcommittee on Crime, hearing on the Office of Jus- Port Security, 2 p.m., 2167 Rayburn. tice Programs Part Three-Waste, Fraud and Abuse, 2 Committee on Ways and Means, to mark up H.R. 3669, p.m., 2237 Rayburn. Employee Retirement Savings Bill of Rights, 9:30 a.m., Committee on Resources, Subcommittee on Energy and 1100 Longworth. Mineral Resources, oversight hearing on ‘‘FY 2003 U.S. Subcommittee on Health, hearing on Rationalizing Geological Survey, Minerals Management Service and Of- Medicare Supplemental Insurance, 2:15 p.m., 1100 Long- fice of Surface Mining Reclamation & Enforcement Budg- worth. Permanent Select Committee on Intelligence, executive, ets,’’ 10 a.m., 1309 Longworth. meeting with a former member of the National Commis- Subcommittee on Fisheries Conservation, Wildlife and sion terrorism, 11:30 a.m., and, executive, meeting with Oceans, the Subcommittee on National Parks, Recreation the British House of Commons Northern Ireland Affairs and Public Lands and the Subcommittee on Forests and Committee, 2:30 p.m., Forest Health, joint hearing on H.R. 3558, Species Pro- tection and Conservation of the Environment Act, 10 Joint Meetings a.m., 1334 Longworth. Joint Meetings: Senate Committee on Veterans’ Affairs, Committee on Science, Subcommittee on Environment, to hold joint hearings with the House Committee on Technology, and Standards, to mark up H.R. 3389, Na- Veterans’ Affairs to examine the legislative presentations tional Sea Grant College Program Act Amendments of of the Gold Star Wives of America, the Fleet Reserve As- 2002; followed by a hearing on Technology Administra- sociation, the Air Force Sergeants Association, and the tion: Review and Reauthorization, 10 a.m., 2318 Ray- Retired Enlisted Association, 10 a.m., 345 Cannon Build- burn. ing. D230 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 14 10 a.m., Thursday, March 14

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 2146, ation of S. 517, Energy Policy Act. Two Strikes and You’re Out Child Protection Act (open rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE LaFalce, John J., N.Y., E340 Schiff, Adam B., Calif., E332 Lantos, Tom, Calif., E332, E334 Shays, Christopher, Conn., E332 Ackerman, Gary L., N.Y., E341 McCarthy, Carolyn, N.Y., E329, E330 Shimkus, John, Ill., E333 Barcia, James A., Mich., E335 Markey, Edward J., Mass., E340 Solis, Hilda L., Calif., E334, E338 Bonior, David E., Mich., E329, E330, E331, E333 Nadler, Jerrold, N.Y., E339 Thompson, Mike, Calif., E331 Callahan, Sonny, Ala., E331 Ortiz, Solomon P., Tex., E333, E342 Udall, Mark, Colo., E329, E330 Cooksey, John, La., E338 Owens, Major R., N.Y., E334, E335, E335, E336, E337, Udall, Tom, N.M., E342 Forbes, J. Randy, Va., E338 E338, E338, E339, E340, E341 Visclosky, Peter J., Ind., E337 Gilman, Benjamin A., N.Y., E335 Radanovich, George, Calif., E339 Weiner, Anthony D., N.Y., E333 Holt, Rush D., N.J., E336 Rangel, Charles B., N.Y., E334, E337, E339 Kucinich, Dennis J., Ohio, E340 Schaffer, Bob, Colo., E342

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