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

Vol. 147 WASHINGTON, FRIDAY, NOVEMBER 30, 2001 No. 164 House of Representatives The House met at 9 a.m. and was build upon the past, and by their pray- ANNOUNCEMENT BY THE SPEAKER called to order by the Speaker pro tem- ers and their noble deeds still grace PRO TEMPORE pore (Mr. THORNBERRY). this Nation and its future. The SPEAKER pro tempore. The f Even in this time, sometimes called ‘‘the age of worldwide refugees,’’ You Chair will entertain 1-minute requests DESIGNATION OF THE SPEAKER still call people to faith and freedom. at the end of the day. PRO TEMPORE Bless the Members of Congress and The SPEAKER pro tempore laid be- grant them wisdom as they secure f fore the House the following commu- homeland borders and enact lawful im- nication from the Speaker: migration. The world will be shown a WAIVING POINTS OF ORDER THE SPEAKER’S ROOMS, land where Your promise will be real- AGAINST CONFERENCE REPORT HOUSE OF REPRESENTATIVES, ized, faith can be expressed, and all will ON H.R. 2299, DEPARTMENT OF Washington, DC, November 30, 2001. be free. TRANSPORTATION AND RELATED I hereby appoint the Honorable MAC THORNBERRY to act as Speaker pro tempore We still answer Your call, Lord, now AGENCIES APPROPRIATIONS on this day. and forever. Amen. ACT, 2002 J. DENNIS HASTERT, f Speaker of the House of Representatives. Mr. REYNOLDS. Mr. Speaker, by di- rection of the Committee on Rules, I f THE JOURNAL call up House Resolution 299 and ask PRAYER The SPEAKER pro tempore. The for its immediate consideration. The Chaplain, the Reverend Daniel P. Chair has examined the Journal of the last day’s proceedings and announces The Clerk read the resolution, as fol- Coughlin, offered the following prayer: lows: Eternal God, always the refuge for to the House his approval thereof. the homeless, the refugee and immi- Pursuant to clause 1, rule I, the Jour- H. RES. 299 nal stands approved. grant, be with us as we pray today. Resolved, That upon adoption of this reso- The sound of Abraham’s call to leave f lution it shall be in order to consider the his home and live by faith echoes conference report to accompany the bill through the halls of this Nation’s his- PLEDGE OF ALLEGIANCE (H.R. 2299) making appropriations for the De- tory. Since the founding of these The SPEAKER pro tempore. Will the partment of Transportation and related United States of America, people have gentleman from New York (Mr. agencies for the fiscal year ending Sep- come to this land as if out of the desert MCNULTY) come forward and lead the tember 30, 2002, and for other purposes. All into a place of promise and hope. The House in the Pledge of Allegiance. points of order against the conference report experience of immigrants has built up and against its consideration are waived. Mr. MCNULTY led the Pledge of Alle- The conference report shall be considered as this Nation as a response to Your invi- giance as follows: read. tation, Lord. ‘‘Go . . . I will show you I pledge allegiance to the Flag of the a place.’’ United States of America, and to the Repub- The SPEAKER pro tempore. The gen- We bless You and praise You for all lic for which it stands, one nation under God, tleman from New York (Mr. REYNOLDS) those of this Nation who continue to indivisible, with liberty and justice for all. is recognized for 1 hour.

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VerDate 11-MAY-2000 03:38 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A30NO7.000 pfrm03 PsN: H30PT1 H8734 CONGRESSIONAL RECORD — HOUSE November 30, 2001 Mr. REYNOLDS. Mr. Speaker, for $320 million that is available to ini- Since the terrorist attacks against purposes of debate only, I yield the cus- tiate the Deepwater program, which the United States on September 11, our tomary 30 minutes to the gentleman will fight the scourge of illicit drugs, Nation’s transportation systems have from Ohio (Mr. HALL), pending which I provide support for offshore research been under great scrutiny. In par- yield myself such time as I may con- and rescue, and work to protect Ameri- ticular, Federal oversight of aviation sume. During consideration of the reso- cans and American shores. has been in the spotlight. However, the lution, all time is yielded for the pur- Moreover, the bill meets the funding transportation agencies which monitor pose of debate only. obligation limitations in the transpor- our railroads, highways, and waterways Mr. Speaker, House Resolution 299 is tation legislation known as TEA–21, have also been challenged to find solu- a standard rule providing for consider- the Transportation Equity Act for the tions to the terrorist threat. ation of the conference report to ac- 21st century. These programs are crit- The bill funds the newly created company H.R. 2299, the Department of ical to improvements and moderniza- Transportation Security Administra- Transportation and Related Agencies tion of our roadways and our airways, tion, which will be responsible for secu- Appropriations Act, 2002. providing desperately-needed funds rity operations involving all modes of The rule waives all points of order across the Nation. transportation. This is the Federal against the conference report and In addition, the bill provides $521 mil- agency that will oversee the hiring and against its consideration. lion for Amtrak’s capital needs. This training and supervising of the airport Additionally, the rule provides that funding will cover capital expenses and passenger and baggage screeners. the conference report shall be consid- preventative maintenance. The bill The bill also funds aviation security ered as read. sustains the Federal commitment to in the Federal Aviation Administra- Mr. Speaker, the Committee on Ap- continue its partnership with Amtrak tion, which includes bomb detection propriations has once again produced to help it reach its goal of self-suffi- systems. The conference report con- bipartisan legislation that meets the ciency by December of 2002. tains compromise language intended to Nation’s transportation priorities. En- Mr. Speaker, this is a responsible ensure the safety of Mexican trucks conference report that tackles our Na- suring the safety and efficiency of our traveling on U.S. highways. tion’s most pressing transportation transportation networks is one of the I am also pleased that the conference needs. In the midst of the holiday trav- Federal Government’s highest respon- report provides $1 million towards the el season and in light of the recent at- sibilities. construction of the Interstate 70–75 tacks on our Nation, this Congress can This conference report represents a interchange in Montgomery County, take pride in the fact that the under- sound commitment to our Nation’s Ohio. This will help cover unforeseen lying legislation represents an increase transportation infrastructure by devot- increased costs of the project, which is in the safety measures and resources in ing funds to critical programs such as an important priority for the commu- every area of our transportation sys- air traffic control modernization, air- nity and the State. port improvement grants, motor car- tem. With airline security stabilization This will be the ninth of the regular rier safety, and increasing the invest- legislation already signed into law, appropriation bills to complete the ments in highway safety research. this conference report expands on the conference process. We are now 2 The bill enhances the safety and ca- new measures and provides the nec- months into the fiscal year and we still pacity of the aviation system and the essary resources to carry out much- have 4 more to go. highway and rail networks. I would urge my colleagues to ap- The bill provides a total of nearly needed safety initiatives. Now more than ever, safety should prove the rule and the underlying bill $59.6 billion, a 2.5 percent increase, in remain the Federal Government’s high- and let us get this bill to the President total budgetary resources for our Na- est responsibility in the transportation to sign. tion’s infrastructure and transpor- area. Clearly, whether by land, by sea Mr. Speaker, I have no further re- tation safety, including the Federal or by air, this bill addresses those quests for time, and I yield back the Aviation Administration, transit pro- needs and concerns, while maintaining balance of my time. gram spending, the United States the fiscal discipline that has been the Mr. REYNOLDS. Mr. Speaker, I yield Coast Guard, and the National High- hallmark of this Congress. back the balance of my time, and I way Traffic Safety Administration. Mr. Speaker, as I conclude I would move the previous question on the res- The Federal Aviation Administration like to commend the chairman of the olution. will receive a 4.5 percent increase in Committee on Appropriations, the gen- The previous question was ordered. funds, $292 million of which is for avia- tleman from Florida (Mr. YOUNG), and The resolution was agreed to. tion security, including bomb detection the ranking member, the gentleman A motion to reconsider was laid on systems and compliance test activities. from Wisconsin (Mr. OBEY), for their the table. It makes available $3.3 billion for the tenacious work on this measure. f airport improvement program, an in- I would also like to extend praise to GENERAL LEAVE crease of $100 million over the current the gentleman from Kentucky (Mr. fiscal year. This money includes $20 ROGERS), the chairman of the Sub- Mr. ROGERS of Kentucky. Mr. million to support the expansion of committee on Transportation of the Speaker, I ask unanimous consent that service at smaller airports. Committee on Appropriations, and the all Members may have 5 legislative This bill, much like last year’s, con- ranking member, the gentleman from days within which to revise and extend tinues to improve and enhance motor Minnesota (Mr. SABO). their remarks on the conference report carrier safety and operations by pro- I also urge my colleagues to support accompanying H.R. 2299 and that I may viding $335 million. Of this total, about this straightforward, noncontroversial include tabular and extraneous mate- $140 million is devoted to facilities and rule, as well as the underlying legisla- rial. operations necessary to open the U.S.- tion. The SPEAKER pro tempore. Is there Mexican border for commercial motor Mr. Speaker, I reserve the balance of objection to the request of the gen- vehicle traffic. Not only will this allow my time. tleman from Kentucky? for the free flow of trade between the Mr. HALL of Ohio. Mr. Speaker, I There was no objection. United States and Mexico, but it in- yield myself such time as I may con- f stills a modest system of safety checks sume. to maintain the integrity of our Amer- Mr. Speaker, this rule allows for the CONFERENCE REPORT ON H.R. 2299, ican borders. consideration of the conference report DEPARTMENT OF TRANSPOR- Another significant piece of the on H.R. 2299. This is a bill that funds TATION AND RELATED AGEN- transportation appropriations funding the Department of Transportation, the CIES APPROPRIATIONS ACT, 2002 is for the drug interdiction activities National Transportation Safety Board, Mr. ROGERS of Kentucky. Pursuant carried out by the United States Coast and related agencies. The rule waives to House Resolution 299, Mr. Speaker, I Guard. The bill includes $636 million all points of order against the con- call up the conference report on the for the Coast Guard’s capital needs and ference report. bill (H.R. 2299) making appropriations

VerDate 11-MAY-2000 03:38 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.003 pfrm03 PsN: H30PT1 November 30, 2001 CONGRESSIONAL RECORD — HOUSE H8735 for the Department of Transportation ing issue. But through a long process ed airport funding. These resources will and related agencies for the fiscal year we have. This bill puts in place a much go a long way to help jump-start the ending September 30, 2002, and for stronger truck safety and enforcement transportation construction sector of other purposes, and ask for its imme- regime at the Mexican border, requir- our economy. diate consideration. ing on-site inspections and compliance Finally, Mr. Speaker, the Members The Clerk read the title of the bill. reviews of Mexican trucking firms, should know that this bill responds to The SPEAKER pro tempore. Pursu- weigh-in-motion scales at some of the the September 11 terrorist attacks. The ant to House Resolution 299, the con- busier border crossings, and a com- bill includes an appropriation of $1.25 ference report is considered as read. prehensive Inspector General audit of billion for screening activities at the (For conference report and state- the whole system. Nation’s airports. I know some have ment, see proceedings of the House of After the I.G. audit is completed, the questioned the aggressive timetable for Thursday, November 29, 2001.) Secretary then will have to certify aviation security improvements we The SPEAKER pro tempore. The gen- that opening the border can be accom- just recently established in this body. tleman from Kentucky (Mr. ROGERS) plished without causing unacceptable Well, we are saying in this bill that and the gentleman from Minnesota safety problems on our Nation’s high- funding will not be a problem. This bill (Mr. SABO) each will control 30 min- ways. Only then will Mexican trucks be provides the necessary funds to take utes. able to drive beyond the border zone whatever steps are necessary in the The Chair recognizes the gentleman further into the U.S. near term to accelerate this transition from Kentucky (Mr. ROGERS). I should also point out that we owe as much as possible. The bill also pro- Mr. ROGERS of Kentucky. Mr. the gentleman from Minnesota (Mr. vides $100 million for the procurement Speaker, I yield myself such time as I SABO) a big debt of gratitude for his and installation of additional bomb de- may consume. hard work in making sure that the bill tection systems at the Nation’s air- Mr. Speaker, we are very pleased to includes tough new provisions regu- ports, so that installation of these present to the body an excellent con- lating hazardous materials coming vital systems at our Nation’s airports ference agreement on H.R. 2299, the De- over the border. Specifically, due to his can be accelerated, Mr. Speaker. partment of Transportation and re- work, the bill requires that a new So without further elaboration, I be- lated agencies appropriations bill for agreement be placed between the U.S. lieve that this is a great bill. It de- fiscal year 2002. and the Mexican Governments tight- serves Members’ support. I recommend First, let me say that we worked ening up hazardous materials transpor- it to every single Member. long, hard hours to hammer out the tation and ensuring the safety of our I want to say again the appreciation agreements contained in the bill. roads before Mexican trucking firms we have for the hard work of our col- are permitted to bring hazardous mate- leagues on the subcommittee from both b 0915 rials beyond the border zones. That is a sides of the aisle. We have a wonderful I want to especially thank this morn- great addition to this bill, and I think group of Members of this body accumu- ing the staff of the subcommittee, both we all owe the gentleman from Min- lated in this subcommittee. All of on the majority and minority side, for nesota (Mr. SABO) a big debt for that them participate. All of them have staying up now two consecutive nights particular provision. contributed to this bill and all have all night long, last night reading out At the same time, in all of this we contributed their dedication to the suc- the bill, and the previous night trying were responsive to the President’s firm cess of the transportation bills of the to put the bill together for consider- commitment to honor the NAFTA country. And I want to thank each ation by this body. And they are not in treaty and open the border in 2002. The member of the subcommittee for the a stupor, Mr. Speaker, but they are provisions of this bill will, I believe, great contributions they have made, very tired. And I think we owe them an allow the President to open the border and especially, again, the staff who especially big debt of gratitude, Rich sometime in fiscal year 2002 and will have devoted themselves beyond the Efford and the other on the staff of the not violate the NAFTA treaty. The ad- call of duty to this particular bill. subcommittee. On both sides of the ministration also believes that. It is Mr. Speaker, I reserve the balance of aisle, we want to say a special thank critical that we honor our inter- my time. you to the staff for a tremendous job national commitments, and this bill Mr. SABO. Mr. Speaker, I yield my- under extreme conditions because of does that. The administration has indi- self such time as I may consume. the hurry up of this process. cated their full support for the com- Mr. Speaker, first let me compliment We had some daunting challenges, promise worked out on the Mexican and congratulate the distinguished Mr. Speaker. We started the process on trucking issue. gentleman from Kentucky (Chairman this bill with veto threats hanging over In its funding aspects, let me first ROGERS) for his outstanding work for both the House bill and the other point out that the bill is within our al- bringing to the House a conference re- body’s bill because of a controversy location for budget authority and out- port on the fiscal year 2002 transpor- over the best way to ensure the safety lays. Although our allocation was ex- tation appropriations bill that we of trucking, the trucking industry, tremely tight, we were able to fund all should all be proud of and that we that we enjoy today without violating of the major DOT operating agencies at should pass. But I would like in par- the NAFTA treaty. or near the President’s budget request, ticular to compliment the gentleman Also, because of a Type 302–B con- while honoring the funding guarantees from Kentucky (Chairman ROGERS) for ference allocation, we had to cut many in TEA–21 and AIR–21. This was not the role he played in making sure that of the funding items in the conference easy to accomplish because it required we reached an agreement on the Mexi- far below the Senate level. However, us to cut out many worthy items, espe- can truck issue that I think satisfied with the continued fine cooperation of cially in the transit area. the concerns of all of us who raised the my colleague and friends from across In general, the bill before you pro- issue and still found a solution that the the aisle, the gentleman from Min- vides increases for major infrastruc- President would sign. nesota (Mr. SABO), the help especially ture programs around the country. Let He played an absolutely key and es- of Senators MURRAY and SHELBY, and me provide just a couple of examples. sential role in making that happen. It the willingness of senior administra- The bill includes $320 million to kick has been a long journey, and we won- tion officials to meet us half way on off the Coast Guard’s new deepwater dered how it would end at times. the trucking issue, we have, I believe, program, the largest acquisition ever When the House acted because of pro- solved these problems in a fair manner attempted by the Department of Trans- cedural limitations, we adopted an that we can all be proud of. portation. That is about $280 million amendment that we knew would have This bill forges a consensus that, above last year’s level. It includes to later be modified. I thought the Sen- frankly, some thought was impossible funding for Federal-aid highways, $100 ate did some outstanding work in mak- a few months ago. And I had to be one million above the level guaranteed in ing modifications and expanding on of those who thought we could not find the authorization bill. And it fully what should be done as it relates to a middle ground on the Mexican truck- funds the authorization for much-need- motor carrier safety as we begin to

VerDate 11-MAY-2000 03:38 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.005 pfrm03 PsN: H30PT1 H8736 CONGRESSIONAL RECORD — HOUSE November 30, 2001 have Mexican trucks come beyond the them to be; we seldom ever have to (Mr. PASTOR asked and was given 20 mile commercial zone. The discus- come in and ask for a correction be- permission to revise and extend his re- sions that went on for an extended pe- cause of good staff work. But they were marks.) riod of time finally resulted in a solu- finally able to start reading the bill, Mr. PASTOR. Mr. Speaker, I thank tion that will be signed by the Presi- that is a term we use, read the bill, at the gentleman from Minnesota (Mr. dent. At the same time it represents a about 12:40 a.m. this morning. And by SABO) for yielding me the time. giant leap forward in assuring the 5:00 this morning they had completed I rise in support of this conference American public that those trucks and reading the bill. And we went to the bill and ask my colleagues to support those drivers will be safely on our Committee on Rules and the gentleman it. I also rise to congratulate the gen- roads. We know we can have no abso- from Kentucky (Mr. ROGERS) came in tleman from Kentucky (Mr. ROGERS) lute guarantee for any of us when it and filed the bill then, and we went to and the gentleman from Minnesota comes to our highways, but there is a the Committee on Rules and got the (Mr. SABO) for the excellent job they process in place that, properly adminis- rule which has already passed. have done on this conference bill. tered, should assure that the quality of They have done a really good job, and I represent the border communities vehicles and the quality of drivers on I wanted to take another minute and of Arizona, and we tried to balance the our highways are the same for those explain why this has been such a dif- safety issues as well as the commerce trucks and those drivers as those that ficult task for them and what a good issues, and this compromise that has exist in our country. product they have produced. been achieved in this bill allows us to So I think that was a major step for- The House of Representatives passed protect the safety of our American citi- ward, and the gentleman from Ken- this bill on June 26. That seems like it zens, especially those that live on the tucky (Chairman ROGERS) played an es- was almost last year. The Senate border. At the same time, we allow the sential role in making that happen. passed it on August 1, considerably implementation of the NAFTA agree- The bill itself makes necessary in- later. But we did not get the paperwork ment and will allow that commerce to vestments in our Nation’s infrastruc- and a request to go to conferences for continue and probably increase. ture and the safety of all of our modes 85 days after the Senate passed the bill. I also want to thank both gentlemen of transportation. It is a good bill, and For 85 days this stayed out there, and for recognizing the needs of Arizona in let me join the chairman in thanking it festered a little bit here and there. terms of transportation infrastructure the staff that has worked so hard and The issues were brought up that had to and public transportation needs. I have all the Members of the committee that be settled. But this subcommittee to tell you that they recognized and worked so hard to bring this bill to us. worked through all of those issues. And they funded important projects, and I But let me in particular thank Bev so finally on October 29 we received the want to thank them both for doing Feeto of our majority staff, Marge papers and we went to conference on that. Duske of my personal staff, Rich the 31. And so today we have produced In Phoenix, which is the United Efford, Stephanie Gupta, Cheryl Tuck- a bill that I think would enjoy tremen- States fifth largest community, they er, Linda Muir, and Theresa Kohler of dous support in the House. But I took are assisting us in continuing the de- the majority staff. All of them do ex- this time to not only compliment the velopment of a light transit system, as cellent work. This is a good bill and it leadership of the subcommittee, but to well as a public transportation system. deserves a big vote. say that as chairman of the full com- They funded the infrastructure for our Mr. Speaker, I reserve the balance of mittee, it makes my job a lot easier, growing and enlarging airports and my time. and the gentleman from Wisconsin (Mr. helped other community transpor- Mr. ROGERS of Kentucky. Mr. OBEY) and I, as the chairman and rank- tation systems. Speaker, I yield such time as he may ing member, it makes our jobs easier Commerce is very important to Ari- consume to the gentleman from Flor- when we have a subcommittee that zona, and one of the issues is the bridge ida (Mr. YOUNG), the chairman of the produces as good a product as this. It over Hoover Dam, and that would allow full committee who has been such a big makes our job a lot easier so we appre- the CANAMEX transportation corridor help in the construction of this bill and ciate that. to be developed, and they recognize Let me take a few more seconds to helping to shepherd us through the that, and they also fund it. say that next week we intend to have maze we have had to go through. I I also want to thank the staff for the District of Columbia appropria- want to thank the chairman as I yield working on this bill and bringing forth tions conference ready for the House to him time. to us an excellent bill, and I ask for its consider and, additionally, we are plan- Mr. YOUNG of Florida. Mr. Speaker, support. ning to do the foreign operations ap- I thank the chairman for yielding me Mr. SABO. Mr. Speaker, I yield 3 propriations subcommittee also for time, and I am not going to take a lot minutes to the gentlewoman from next week. There are several issues of time on the bill because it has been Michigan (Ms. KILPATRICK), another that are a little bit above our pay grid very well explained and the sub- distinguished member of our sub- that still have to be resolved, but we committee has done such a good job. committee. think we can do that and have those The bill does not really need a lot of (Ms. KILPATRICK asked and was two on the floor. speeches in its behalf. But I rise to given permission to revise and extend thank the gentleman from Kentucky b 0930 her remarks.) (Chairman ROGERS) and the ranking The only two appropriations bills re- Ms. KILPATRICK. Mr. Speaker, I, member, the gentleman from Min- maining are the Labor, Health and too, was a member of the sub- nesota (Mr. SABO) for having done a Human Services and the Defense. The committee and want to thank our really good job in an extremely dif- slowdown on the Defense, I will not chairman, the gentleman from Ken- ficult situation. They have done yeo- take the time to explain that, but Sep- tucky (Mr. ROGERS), for his excellent man’s service. The gentleman from tember 11 was part of the slowdown be- leadership, coming in as a new sub- Minnesota (Mr. ROGERS) mentioned the cause we were in this building ready to committee chair for this bill, being staff, and I want to adjust a little bit markup the Defense bill on September fair, thorough. I also want to thank the more time to his comments about the 11 when everybody was evacuated after gentleman from Minnesota (Mr. SABO), staff. the terrorist attacks. our ranking member, who has always The conferees finished, we finished The subcommittee has done a good been effective in his quiet intelligence our work on this conference last job. And I compliment them as strong- for allowing all of us to participate and evening considerably later than after ly as I can and the staff and hope that to represent the constituents who send the House had left for the day. We fi- we will get a very nice vote for this us here. nally got the paperwork done by mid- good conference report today. I represent Michigan, the border city night and then the staff, after having Mr. SABO. Mr. Speaker, I yield 2 of Detroit, one of the busiest border completed the paperwork, and we are minutes to the gentleman from Ari- crossings in our country in northern very meticulous in making sure that zona (Mr. PASTOR), a distinguished America, and it is very important that our bills are exactly the way we intend member of our subcommittee. we do what we need to do to secure

VerDate 11-MAY-2000 03:38 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.007 pfrm03 PsN: H30PT1 November 30, 2001 CONGRESSIONAL RECORD — HOUSE H8737 those borders, and I want to thank I urge my colleagues to support this bill. It tleman after having seen what he had both the gentleman from Kentucky is one that we can be proud of and I thank the to go through on this bill for the last 6 (Mr. ROGERS) and the gentleman from Speaker for granting me this time. years. Minnesota (Mr. SABO) for the work that Mr. SABO. Mr. Speaker, I yield 2 Mr. WOLF. Mr. Speaker, I want to they have put in this bill to begin that minutes to the gentleman from Penn- congratulate the gentleman from Ken- process. sylvania (Mr. BORSKI), one of the dis- tucky (Mr. ROGERS) and the gentleman Since September 11 I have had an op- tinguished members of the authorizing from Minnesota (Mr. SABO) and the portunity to meet on two occasions committee and a good friend. staff for a really, really great job. This with our Coast Guard, our INS, our (Mr. BORSKI asked and was given is a very difficult bill, a lot of conten- Customs and our Border Patrol to talk permission to revise and extend his re- tious issues, that really tie a lot of peo- about the needs that they must have marks.) ple up. They really have done an amaz- over the next several months and years Mr. BORSKI. Mr. Speaker, let me ing job. I have been watching and I just to actually secure those borders, and I first commend the gentleman from want to congratulate the gentleman know that I have the support of the Kentucky (Mr. ROGERS) and the gen- for it. gentleman from Florida (Mr. YOUNG), tleman from Minnesota (Mr. SABO) for On the issue of truck safety, speak- as well as our chairman of our sub- the exceptional job they did on this ing of the Mexican trucks, I appreciate committee and our ranking member to bill. I also want to commend Senators that they literally by their actions see that that is done. Murray and Shelby and particularly on here have saved a lot of lives. There Quite a bit of commerce comes across the issue of Mexican trucks. This was will be a lot of people that will never that Canadian border, as well as other an extremely contentious issue and one get the telephone call saying that a things, both negative and positive. that has been worked out to my per- loved one was killed because of a truck This bill begins to address much of it, sonal great satisfaction. It was a job coming out of Mexico because of the and I want to thank the leadership of well done. actions that they have done. They will this committee for allowing that. Mr. Speaker, earlier this year the not know that they did not get that We still have work to do on those gentleman from Wisconsin (Mr. PETRI) telephone call because of the gen- borders. The Coast Guard, INS, Cus- and myself and the gentleman from tleman from Kentucky (Mr. ROGERS) toms and Border Patrol are still short California (Mr. FILNER) and the gen- and the gentleman from Minnesota of people. The supplemental that is tleman from Pennsylvania (Mr. (Mr. SABO), but I want to kind of put it going through will help some of that, HOLDEN) traveled to the Mexican bor- in the record that, because of their ef- too. The world has changed since Sep- der to see what was happening first- forts, they will not get that call. tember 11, and this transportation bill hand with the Mexican truck issue. I think it is now incumbent upon the begins to address that. At Otay Mesa, California, we saw a administration to take the good work I thank the committee very much for system that I think worked very well. that they have done and enforce it ap- all that it has done for the State of We saw a system where trucks were propriately, and I know they will hold Michigan and for this country to ad- given inspection stickers that were their feet to the fire. dress those needs in this bill, and, as good for 90 days. Any vehicle that tried Again, to the gentleman from Ken- we move forward in our next appropria- to get through without that inspection tucky (Mr. ROGERS), congratulations tion and beyond, consider those agen- was not allowed and was inspected. We and to the gentleman from Minnesota cies who risks their lives every day to then went to Texas where we saw a (Mr. SABO), congratulations. Also, they secure our borders and bring more at- much lesser successful situation, if you have an outstanding staff, having tention to our northern borders here in will. worked with them for a number of our country. At Otay Mesa, the experience was I would urge all my colleagues to years. So I want to also congratulate support this bill. It is wonderful, it is similar to ours in the United States of the staff, and there really ought not be fair, it is good transportation policy. America where about 24 percent of the any negative votes against this bill. I I rise in support of the conference report, trucks were taken out of service that cannot see why a Member of Congress and I appreciate the efforts of our Chairman, were inspected, a rate both much too would vote against the bill and hope the gentleman from Kentucky, Mr. ROGERS, high here and there, at least consistent everyone votes for it. and the gentleman from Minnesota, Mr. SABO with our experience in the United Mr. SABO. Mr. Speaker, I yield 3 for putting together a bill that we can pretty States. minutes to the gentleman from Min- much all agree on. In Texas, we were met by Coy nesota (Mr. OBERSTAR), my distin- This bill makes some significant funding ad- Clanton, who was the director of public guished colleague. vances for providing additional inspectors at safety in Texas, and he told us that a (Mr. OBERSTAR asked and was given airports and for improving airport security. I truck that is not inspected will be ne- permission to revise and extend his re- think this must be viewed as a first step to- glected, and what we saw in Texas were marks and include extraneous mate- ward ensuring the safety and security of our trucks that were not inspected and rial.) commercial transportation infrastructure, and I were neglected, where the cars or Mr. OBERSTAR. Mr. Speaker, I am very pleased with our efforts in this area. trucks were taken out of service, were thank the gentleman from Minnesota Another area of concern to all of us is fund- somewhere in the neighborhood of 60 (Mr. SABO) for yielding me the time ing for a key agency in the protection of our percent totally unacceptable. and compliment my colleague and dear homeland security, the Coast Guard. The This is a good agreement in the con- friend for his leadership on all of the Coast Guard personnel resources assigned to ference report. Every truck that wants issues in this appropriation bill on protecting our nation’s ports were stretched to enter the United States of America transportation and to the gentleman before September 11th and are stretched must be inspected. If it does not have a from Kentucky (Mr. ROGERS) for whom even thinner now. This bill will give the re- valid inspection sticker it will be I have worked with for many years on sources necessary to bring some relief to the pulled off, have a complete level one Appalachia and economic development demands being made of our Coast Guard per- inspection. If it does not pass, it will matters and the chairman of the full sonnel. not get into this country. This is a committee, the gentleman from Flor- I am also pleased that we have reached a great victory for public safety, and, ida (Mr. YOUNG), for the excellent prod- compromise on the NAFTA trucking issue. again, I commend all the conferees. uct that they have brought back to the The compromise reached will go along way to Mr. ROGERS of Kentucky. Mr. House. ensuring highway safety and still comply with Speaker, I yield such time as he may I do want to observe, though, that the NAFTA accord this Congress supported consume to the gentleman from Vir- the manager’s report contains a listing almost a decade ago. Let me say to my col- ginia (Mr. WOLF), immediate past of over 100 airport projects that man- leagues that this year’s bill focused much at- chairman of this subcommittee and agers want to see funded out of FAA tention on the southern border. Next year, I now the chairman of the Subcommittee discretionary funds. In the past, there look forward to working with my colleagues in on Commerce, Justice, State and Judi- have been listings of projects for spe- strengthening the security of our transportation ciary, my old subcommittee. I have cific airports but without specific dol- infrastructure along the northern border. gained even more respect for this gen- lar amounts and with less prescriptive

VerDate 11-MAY-2000 04:59 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.009 pfrm03 PsN: H30PT1 H8738 CONGRESSIONAL RECORD — HOUSE November 30, 2001 language than is included in this man- this, and I appreciate it very much, as Under TEA 21, high priority projects under ager’s report. I know all the members of the sub- section 1602 should be included in RABA dis- The law governing aviation discre- committee do. tributions. But, the appropriators have chosen tionary funds requires the FAA to es- Despite our constrained allocation, to zero out RABA funding for TEA 21 high pri- tablish a priority system under which the bill successfully makes critical in- ority projects. This means that every Member decisions are made about those vestments in highway transit, aviation with a TEA 21 project will experience a 13% projects that will receive these very and the Coast Guard. cut in funds. If RABA funds had been distrib- limited dollars. Highest priority goes b 0945 uted according to TEA 21, Members’ high pri- to projects that will bring airports into And I want to commend the chair- ority projects would have been increased by compliance with safety and with secu- man and the ranking member for the $236.7 million in FY 2002. Instead, they will rity standards, and next are projects excellent provisions related to Mexican receive no RABA funds. that are subject to letters of intent. trucks. This will ensure the safety of A look at what the committee has done to Others are for phased projects and for our highways, or help to ensure the particular programs illustrates dramatically preservation of existing infrastructure. safety at least of our highways, as was what has happened. The Transportation and Many of the projects listed here may so very important. Community and System Preservation Pilot be of fine quality in and of themselves I am also pleased we were able to de- Program, which is authorized at $25 million for to qualify for funding under FAA es- lete an anti-environmental rider on FY 2002 in TEA 21, should have received tablished standards. But the aviation global warming that was included in $3.3 million in RABA Funds. But, incredibly, system is not like highways. An im- the original House bill. There is now the appropriators have given it an amazing provement to a highway project in Bos- overwhelming, peer-reviewed, sound, $250.8 million in RABA funds. Could it be be- ton does not necessarily or in any di- scientific evidence that global warming cause this program does not require a State rect way benefit highway travel in is occurring and substantially due to or local match and can be used for practically California, but improvement to an air- human influence. The National Acad- anything? A perfect pot of money to earmark. port in Boston makes a great difference emy of Science has very recently re- Again, a $25 million program has been in- to the entire U.S. aviation system. affirmed that fact. But one does not creased to $275.8 million for FY2002. I want to make it clear that the lan- have to look at anecdotal evidence, guage in a conference report cannot just look at the exceedingly unusual Under TEA 21, the Borders and Corridors override a priority system established weather here in November. program is authorized at $140 million for the under existing governing law. A deci- I would like to thank the chairman fiscal year. It should have received $18.6 mil- sion of the Comptroller General found and the ranking member for their work lion in RABA funds, but instead it will receive that Congress cannot require the Navy in removing this rider. It is a good bill, more than $352 million in RABA funds. to select a particular aircraft the lan- Mr. Speaker, and I urge all Members to Under TEA 21, the Interstate Maintenance guage in the committee report wanted support it. Discretionary program is authorized at $100 the Navy to require. Mr. Speaker, a major hallmark of the Trans- million for FY2002 and should have received When I chaired the Subcommittee on portation Equity Act for the 21st Century (TEA $13.3 million in RABA. But under the con- Aviation over numerous years there 21), which was passed by the Congress in ference report, the program will receive $76 were innumerable requests for Mem- 1998 by overwhelming margins, was that for million in RABA funds. The Bridge Discre- bers to include designation of their the first time receipts into the Highway Trust tionary program, authorized at $100 million per particular airport projects, and I stead- Fund were guaranteed to be spent for trans- year, should receive $13.3 million in RABA fastly refused to do that in our author- portation purposes. This is accomplished funds. But, it will receive more than $62 million ization. We should not impose the will through the annual calculation of Revenue in RABA funds. Of course, at this point the of the Congress in specific ways in the Aligned Budget Authority (RABA), which term ‘‘discretionary program’’ is a complete aviation system, and as ranking mem- makes adjustments in obligations to com- misnomer as the Secretary has absolutely no ber of the full committee, I continued pensate for actual receipts into the Trust Fund discretion since all the funds (both the base to resist such designation in the last versus the estimated authorization included in amount and RABA) are earmarked. two FAA authorization bills. TEA 21 for the fiscal year. While I am pleased that the Appropriations Again, all of these funds, which should be Again, I regret that this language has distributed to the states and allocated pro- been included. Committee has for the most part upheld the firewalls in this Conference Report, I find the grams, have been earmarked for winners and Mr. SABO. Mr. Speaker, I yield 21⁄2 losers. minutes to the gentleman from Massa- redistribution of RABA funds to be outrageous. Under TEA 21, RABA funds are to be distrib- I have included two charts prepared by the chusetts (Mr. OLVER), a distinguished Federal Highway Administration at the U.S. member of our subcommittee. uted proportionately to the states through for- mula apportionments and also to allocated Department of Transportation which illustrate Mr. OLVER. Mr. Speaker, I thank programs. This Conference Report is a radical the impact of this misuse of RABA funds. One the gentleman from Minnesota (Mr. departure from that and is a cause for great chart indicates the amount of RABA funds SABO) for yielding me the time. concern. It is something I cannot support. each allocated program would have received I rise today in support of the bill and The Conference Report was available for in FY 2002 under TEA 21 and what they will to congratulate our chairman, the gen- only a couple hours before the House voted actually receive under this conference report. tleman from Kentucky (Mr. ROGERS), on it. However, a quick review indicates that The other indicates what the impact will be on and our ranking member, the gen- nearly $1 billion of the $4.5 billion of 2002 individual states and the amount of formula tleman from Minnesota (Mr. SABO), for RABA funds has been redistributed contrary to funds lost. the leadership they have shown in ad- TEA 21. Specific TEA 21 programs, which dressing the Nation’s critical transpor- Mr. Speaker, this is just wrong. RABA was normally are discretionary programs, have not created to be a slush fund for the appro- tation needs. been increased well beyond what their propor- I particularly want to express thanks priators. For the committee to take nearly $1 tionate share of RABA funds would have been billion of these funds to earmark for projects to the staff for this subcommittee if TEA 21 had been followed in this con- they deem desirable—on top of the fact that which has worked so very hard and put ference report. Of course, all these funds have they had already earmarked all pre-RABA dis- in so many long hours over the last been earmarked by the appropriators. couple of weeks but culminating in a According to the Federal Highway Adminis- cretionary funds—should not happen. This fierce collection of hours over the last tration, to pay for these earmarks, about $500 should not be a precedent for future years. 48, and that would be the majority million will be lost for allocated programs and And we will continue to review the Conference staff: Richard Efford, Stephanie Gupta $500 million will be lost from state apportion- Report for other offensive provisions. and Cheryl Tucker and, also, of course, ments. That means states lose more than 11 With conference reports, our options admit- our clearly overworked and undoubt- percent of RABA funds from the regular for- tedly are limited. However, I cannot stand by edly underpaid staff member on the mi- mula program. and let these egregious acts go by without at nority side, Bey Pheto. They have put Every Member who worked to get a high least commenting and acknowledging just an enormous amount of effort into priority project in TEA 21 should take note. what has gone on in this report.

VerDate 11-MAY-2000 03:38 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K30NO7.011 pfrm03 PsN: H30PT1 November 30, 2001 CONGRESSIONAL RECORD — HOUSE H8739 U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION—RABA DISTRIBUTION

Federal-aid Highway Programs TEA–21 Conference Difference

Apportioned Programs ...... 3,968,764,800 3,519,429,770 (449,335,030)

Allocated Programs: Federal Lands Highways Program: Indian Reservation Roads ...... 36,050,486 35,565,651 (484,835) Public Lands Highways ...... 32,249,049 31,815,091 (433,958) Park Roads and Parkways ...... 21,631,440 21,339,391 (292,049) Refuge Roads ...... 2,624,255 2,586,593 (37,662) National Corridor Planning & Devel. & Coord. Border Infrastructure Pgm ...... 18,633,932 352,556,000 333,922,068 Construction of Ferry Boats and Ferry Terminal Facilities ...... 5,059,012 25,579,000 20,519,988 National Scenic Byways Program ...... 3,393,730 0 (3,393,730) Value Pricing Pilot Program ...... 1,464,300 0 (1,464,300) High Priority Projects Program ...... 236,671,037 0 (236,671,037) Highway Use Tax Evasion Projects ...... 666,113 0 (666,113) Commonwealth of Puerto Rico Highway Program ...... 14,642,998 0 (14,642,998) Woodrow Wilson Memorial Bridge ...... 29,946,366 29,542.304 (404,062) Miscellaneous Studies, Reports, & Projects ...... 2,503,665 0 (2,503,665) Magnetic Levitation Transp. Tech. Deployment Program ...... 0 0 (0) Transportation and Community and System Preservation Pilot Program ...... 3,324,822 250,792,600 247,467,778 Safety Incentive Grants for Use of Seat Belts ...... 14,907,146 0 (14,907,146) Transportation Infrastructure Finance and Innovation ...... 15,969,481 0 (15,969,481) Surface Transportation Research ...... 13,442,846 0 (13,442,846) Technology Deployment Program ...... 5,989,273 0 (5,989,273) Training and Education ...... 2,526,635 0 (2,526,635) Bureau of Transportation Statistics ...... 4,128,751 0 (4,128,751) ITS Standards, Research, Operational Tests, and Development ...... 13,976,885 0 (13,976,885) ITS Deployment ...... 15,969,481 0 (15,969,481) University Transportation Research ...... 3,525,804 0 (3,525,804) Emergency Relief Program ...... 13,310,772 0 (13,310,772) Interstate Maintenance Discretionary ...... 13,310,772 76,025,000 62,714,228 Territorial Highways ...... 4,846,545 0 (4,846,545) Alaska Highway ...... 2,503,665 0 (2,503,665) Operation Lifesaver ...... 68,908 0 (68,908) High Speed Rail ...... 700,567 0 (700,567) DBE & Supportive Services ...... 2,664,451 0 (2,664,451) Bridge Discretionary ...... 13,310,772 62,450,000 49,139,228 Study of CMAQ Program Effectiveness ...... 0 0 0 Long-term Pavement ...... 0 10,000,000 10,000,000 New Freedom Initiative ...... 0 00 State Border Infrastructure ...... 0 56,300,000 56,300,000 Motor Carrier Safety Grants ...... 24,221,241 23,896,000 (325,241) Public Lands Discretionary ...... 0 45,122,600 45,122,600 Subtotal, Allocated Programs ...... 574,235,200 1,023,570,230 449,335,030

Total ...... 4,543,000,000 4,543,000,000 0

U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGH- U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGH- unacceptable safety risk to the American pub- WAY ADMINISTRATION—DISTRIBUTION OF REVENUE WAY ADMINISTRATION—DISTRIBUTION OF REVENUE lic. ALIGNED BUDGET AUTHORITY ALIGNED BUDGET AUTHORITY—Continued Although all of this would seem common States TEA–21 Conference Difference States TEA–21 Conference Difference sense, it has been extremely difficult to achieve. The Administration proposed asking Alabama ...... 78,660,918 69,755,098 (8,905,820) Total ...... 4,543,000,000 4,543,000,000 0 Alaska ...... 47,506,115 42,127,574 (5,378,541) the Mexican carriers to fill out a paper applica- Arizona ...... 71,794,955 63,666,485 (8,128,470) 1 Represent ¥11.38 percent. Arkansas ...... 50,998,628 45,224,673 (5,773,955) tion, letting the trucks in, and possibly inspect- California ...... 357,228,521 316,748,679 (40,479,842) Mr. OBERSTAR. Mr. Speaker, I greatly ap- ing them later. Congress, with the leadership Colorado ...... 51,633,630 45,787,781 (5,845,849) preciate the work of the Appropriations Com- Connecticut ...... 59,372,721 52,650,669 (6,722,052) of members of both the Transportation and In- Delaware ...... 18,097,567 16,048,600 (2,048,967) mittee in ensuring the safety of our highways, frastructure Committee and the Appropriations Dist. of Col...... 15,517,870 13,760,970 (1,756,900) particularly the Conference Report’s provisions Florida ...... 187,841,638 166,574,611 (21,267,027) Committees, particularly Ranking Member to ensure that we have adequate safety stand- Georgia ...... 141,803,966 125,749,226 (16,054,740) SABO and Chairman ROGERS, and Senators Hawaii ...... 20,042,262 17,773,120 (2,269,142) ards with regard to Mexican carriers operating Idaho ...... 28,813,232 25,551,060 (3,262,172) MURRAY and SHELBY, have stood firm in the Illinois ...... 129,699,234 115,014,965 (14,684,269) in the United States beyond the border com- Indiana ...... 91,837,217 81,439,605 (10,397,612) mercial zones. face of constant assaults from the highest lev- Iowa ...... 46,752,049 41,458,883 (5,293,166) els in this Administration that these common Kansas ...... 45,442,357 40,297,471 (5,144,886) The requirements are quite simple—we re- Kentucky ...... 68,342,130 60,604,581 (7,737,549) quire that Mexican carriers operating in the sense requirements were ‘‘anti-Hispanic’’ and Louisiana ...... 61,436,479 54,480,773 (6,955,706) ‘‘discriminatory’’. Maine ...... 20,796,328 18,441,812 (2,354,516) United States, including both their drivers and Maryland ...... 64,532,116 57,225,928 (7,306,188) trucks, meet U.S. safety standards before they Today, the Administration embraces and Massachusetts ...... 71,715,580 63,596,096 (8,119,484) Michigan ...... 126,563,909 112,234,615 (14,329,294) are given authority to operate throughout the welcomes the Conference Report with its very Minnesota ...... 57,110,525 50,644,594 (6,465,931) country. strong provisions requiring substantially im- Mississippi ...... 50,720,814 44,978,312 (5,742,502) All carriers and vehicles are inspected and, Missouri ...... 90,924,402 80,630,136 (10,294,266) proved safety for Mexican trucks operating in until a carrier has been operating in the U.S. Montana ...... 40,640,152 36,038,961 (4,601,191) the United States. In what I would modestly Nebraska ...... 31,472,305 27,944,272 (3,528,033) for three consecutive years, we require the Nevada ...... 28,932,295 25,656,643 (3,275,652) call an abrupt reversal of the Administration’s New Hampshire ...... 19,605,698 17,385,983 (2,219,715) California system of mandated CVSA inspec- New Jersey ...... 100,687,563 89,287,933 (11,399,630) tions every 90 days. We ensure that the Mexi- ad hominem attacks of our colleagues, the Ad- New Mexico ...... 38,735,144 34,349,635 (4,385,509) ministration has abandoned its unfounded and New York ...... 197,128,548 174,810,077 (22,318,471) can carrier has proof of insurance. We confirm North Carolina ...... 111,046,039 98,473,642 (12,572,394) that the drivers have valid Commercial Driver’s misguided position on this important truck North Dakota ...... 26,630,412 23,615,374 (3,015,038) Ohio ...... 136,327,071 120,892,413 (15,434,658) Licenses. safety issue. The Conference Report adopts Oklahoma ...... 60,722,101 53,847,275 (6,874,826) We ensure that Federal and State inspec- the necessary public policy to ensure that Oregon ...... 46,434,548 41,177,328 (5,257,220) Pennsylvania ...... 186,849,447 165,694,754 (21,154,693) tors are actually in place at the border cross- safety is the highest priority for Mexican trucks Rhode Island ...... 24,050,715 21,327,744 (2,722,971) ings to inspect trucks. We ensure that the bor- operating on American roadways. South Carolina ...... 67,429,314 59,795,112 (7,634,202) der facilities have the capacity to actually in- South Dakota ...... 27,979,792 24,811,980 (3,167,812) Given that highway fatalities are the leading Tennessee ...... 89,614,709 79,468,724 (10,145,985) spect trucks and have scales to actually weigh Texas ...... 310,674,910 275,500,962 (35,173,948) cause of death for persons in the United Utah ...... 30,202,300 26,782,861 (3,419,439) vehicles and enforce U.S. truck size and Vermont ...... 18,375,381 16,294,960 (2,080,421) weight laws. States of every age from 6 to 33 years old, Virginia ...... 103,703,824 91,962,700 (11,741,124) the American people thank the Gentleman Washington ...... 68,461,193 60,710,164 (7,751,029) We require the Department of Transpor- West Virginia ...... 41,711,718 36,989,207 (4,722,511) tation Inspector General to do a comprehen- from Minnesota, Mr. SABO, the Gentleman Wisconsin ...... 77,986,228 69,156,795 (8,829,433) from Kentucky, Mr. ROGERS, and other House Wyoming ...... 28,178,230 24,987,951 (3,190,279) sive review of each of these requirements and that the Secretary of Transportation certify, in and Senate colleagues who stood firm in con- Subtotal ...... 3,968,764,800 3,519,429,770 1 (449,335,030) Allocated Programs .... 574,235,200 1,023,570,230 449,335,030 a manner addressing the IG’s findings, that ference to save more of the Nation’s children the opening of the border does not pose an from unneeded deaths on our highways.

VerDate 11-MAY-2000 04:59 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\A30NO7.010 pfrm03 PsN: H30PT1 H8740 CONGRESSIONAL RECORD — HOUSE November 30, 2001 Mr. KOLBE. Mr. Speaker, I rise in support of Baker Gekas Maloney (CT) Sherman Sweeney Visclosky Baldacci Gibbons Maloney (NY) Sherwood Tanner Walden this conference report and would like to con- Baldwin Gilchrest Manzullo Shimkus Tauscher Walsh gratulate the Chairman on resolving some dif- Ballenger Gillmor Markey Shows Tauzin Wamp ficult issues. One issue in particular is ex- Barr Gilman Mascara Shuster Taylor (MS) Watkins (OK) tremely important to me and the nation—the Barrett Gonzalez Matheson Simmons Terry Watson (CA) Bartlett Goode Matsui Simpson Thomas Watt (NC) matter of allowing Mexican trucks into the Barton Goodlatte McCarthy (MO) Skeen Thompson (CA) Watts (OK) United States as required by law. Bass Gordon McCarthy (NY) Skelton Thompson (MS) Weiner Again, this year, there was an attempt to Bentsen Goss McCollum Slaughter Thornberry Weldon (FL) Bereuter Graham McCrery Smith (MI) Thune Weldon (PA) prohibit Mexican trucks from operating beyond Berkley Granger McGovern Smith (NJ) Thurman Weller the border commercial zone. I have said all Berry Graves McHugh Smith (WA) Tiahrt Wexler along that this is really an issue about certain Biggert Green (TX) McIntyre Snyder Tiberi Whitfield protectionist interests trying to block Mexican Bilirakis Green (WI) McKeon Solis Tierney Wicker Bishop Greenwood McKinney Souder Toomey Wolf trucks from the United States highways under Blagojevich Grucci McNulty Spratt Towns Woolsey the guise of truck safety. Blunt Gutierrez Meek (FL) Stark Traficant Wu We all want to ensure that trucks traveling Boehlert Gutknecht Meeks (NY) Stearns Turner Wynn Stenholm Udall (CO) Young (AK) within the United States are safe. I believe, Boehner Hall (OH) Menendez Bonilla Hall (TX) Mica Strickland Udall (NM) Young (FL) however, the most important aspect of truck Bono Hansen Millender- Stump Upton safety is the observation of the driver and the Boozman Harman McDonald Stupak Velazquez inspection of the truck at the border and along Borski Hart Miller, Dan NAYS—11 Boswell Hastings (FL) Miller, George the highway. This can be done while ensuring Brady (PA) Hastings (WA) Miller, Jeff Barcia McInnis Schaffer the security of our border and without estab- Brady (TX) Hayes Mink Filner Paul Sensenbrenner lishing unattainable requirements with the sole Brown (FL) Hayworth Mollohan Flake Petri Tancredo Hefley Royce purpose of denying the entry of Mexican Brown (OH) Herger Moore Brown (SC) Hill Moran (KS) NOT VOTING—51 trucks. Bryant Hilleary Moran (VA) Mexican trucks that can operate in the Burr Hilliard Morella Bachus Dreier Miller, Gary Burton Hinchey Murtha Becerra Fattah Myrick United States, in compliance with U.S. laws Berman Ford Neal and safety regulations, should be allowed in— Buyer Hinojosa Nadler Callahan Hobson Napolitano Blumenauer Frost Owens Bonior Gallegly Portman just like Canadian trucks. We must treat our Camp Hoeffel Nethercutt Boucher Ganske Quinn neighbors to the south, Mexico, the same as Cannon Hoekstra Ney Boyd Gephardt Rangel Cantor Holt Northup we treat our neighbors to the north, Canada. Calvert Holden Ros-Lehtinen Capito Honda Norwood Carson (IN) Jones (NC) Rothman Whether you agree with NAFTA or not, it is Capps Hooley Nussle Conyers LaFalce Sanchez the law of the land and it is an international Capuano Horn Oberstar Cooksey LaHood Smith (TX) Cardin Hostettler Obey agreement that we must uphold. For too long Cubin Largent Sununu Carson (OK) Houghton Olver the protectionist interests have thwarted efforts Cummings LaTourette Taylor (NC) Castle Hoyer Ortiz DeFazio Lipinski Vitter to implement the law of the land and to com- Chabot Hulshof Osborne Diaz-Balart Lowey Waters ply with our international agreements. How Ose Chambliss Hunter Dicks McDermott Waxman can we be a global leader by reneging on our Clay Hyde Otter Dooley Meehan Wilson agreements? We can’t and we won’t. Clayton Inslee Oxley Clement Isakson Pallone b 1016 The intent of the opponents of Mexican Clyburn Israel Pascrell trucks entering the U.S. has been very clear Coble Issa Pastor So the conference report was agreed all along. Let’s face it, there are interest Collins Istook Payne to. Combest Jackson (IL) Pelosi The result of the vote was announced groups in the United States that do not want Condit Jackson-Lee Pence those trucks here. They are joined by interest as above recorded. Costello (TX) Peterson (MN) A motion to reconsider was laid on groups in Mexico. Cox Jefferson Peterson (PA) the table. It is time to build bridges to Mexico—bridges Coyne Jenkins Phelps Cramer John Pickering Stated for: that allow trucks from the U.S. and Mexico to Crane Johnson (CT) Pitts Mr. MCDERMOTT. Mr. Speaker, on rollcall pass each other, not barriers that block the Crenshaw Johnson (IL) Platts No. 460, had I been present, I would have movement of ideas and goods. Crowley Johnson, E. B. Pombo Culberson Johnson, Sam Pomeroy voted ‘‘yea.’’ Although I do not think that this final com- Cunningham Jones (OH) Price (NC) f promise is perfect, I am a realist and am Davis (CA) Kanjorski Pryce (OH) pleased that this conference report will allow Davis (FL) Kaptur Putnam MESSAGE FROM THE SENATE Davis (IL) Keller Radanovich Mexican trucks to enter all areas in the United Davis, Jo Ann Kelly Rahall A message from the Senate by Mr. States. We have made a step forward today Davis, Tom Kennedy (MN) Ramstad Monahan, one of its clerks, announced toward treating our Mexican friends with the Deal Kennedy (RI) Regula that the Senate has passed without respect they deserve. DeGette Kerns Rehberg Delahunt Kildee Reyes amendment a bill of the House of the Mr. SABO. Mr. Speaker, I have no DeLauro Kilpatrick Reynolds following title: further requests for time, and I yield DeLay Kind (WI) Riley H.R. 2291. An act to extend the authoriza- back the balance of my time. DeMint King (NY) Rivers tion of the Drug-Free Communities Support Deutsch Kingston Rodriguez Program for an additional 5 years, to author- Mr. ROGERS of Kentucky. Mr. Dingell Kirk Roemer Speaker, I have no further requests for Doggett Kleczka Rogers (KY) ize a National Community Anti-drug Coali- time, I yield back the balance of my Doolittle Knollenberg Rogers (MI) tion Institute, and for other purposes. time, and I move the previous question Doyle Kolbe Rohrabacher The message also announced that the Duncan Kucinich Ross Senate has passed a joint resolution of on the conference report. Dunn Lampson Roukema The previous question was ordered. Edwards Langevin Roybal-Allard the following title in which the concur- The SPEAKER pro tempore (Mr. Ehlers Lantos Rush rence of the House is requested: Ehrlich Larsen (WA) Ryan (WI) THORNBERRY). The question is on the S.J. Res. 26. Joint resolution providing for Emerson Larson (CT) Ryun (KS) the appointment of Patricia Q. Stonesifer as conference report. Engel Latham Sabo a citizen regent of the Board of Regents of Pursuant to clause 10 of rule XX, the English Leach Sanders Eshoo Lee Sandlin the Smithsonian Institution. yeas and nays are ordered. Etheridge Levin Sawyer f The vote was taken by electronic de- Evans Lewis (CA) Saxton vice, and there were—yeas 371, nays 11, Everett Lewis (GA) Schakowsky LEGISLATIVE PROGRAM Farr Lewis (KY) Schiff not voting 51, as follows: Ferguson Linder Schrock (Ms. PELOSI asked and was given [Roll No. 465] Fletcher LoBiondo Scott permission to address the House for 1 Foley Lofgren Serrano YEAS—371 minute.) Forbes Lucas (KY) Sessions Ms. PELOSI. Mr. Speaker, I yield to Abercrombie Akin Armey Fossella Lucas (OK) Shadegg Ackerman Allen Baca Frank Luther Shaw the gentleman from Texas to inquire Aderholt Andrews Baird Frelinghuysen Lynch Shays about next week’s schedule.

VerDate 11-MAY-2000 04:59 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A30NO7.013 pfrm03 PsN: H30PT1 November 30, 2001 CONGRESSIONAL RECORD — HOUSE H8741 Mr. ARMEY. I thank the gentle- Mr. ARMEY. If the gentlewoman will Now is the time to act. We urge the woman for yielding. yield further, Mr. Speaker, we have no other body to take a stand on this If I might observe, Mr. Speaker, what plans at this moment to put that on issue. a pleasant surprise and congratulations the floor for next week. This is, of f to the gentlewoman from California. course, a subject with respect to which ANNOUNCEMENT BY THE SPEAKER Ms. PELOSI. I thank the distin- a great many Members feel a good PRO TEMPORE guished gentleman. sense of urgency. Should things de- Mr. ARMEY. Mr. Speaker, I am velop in the process of working this The SPEAKER pro tempore. Mem- pleased to announce that the House has through the committee process, I will bers are reminded not to urge action or completed its legislative business for obviously inform the minority as im- inaction by the other body in their the week. mediately as possible. But I have no comments. The House will next meet for legisla- plans at this time. f tive business on Tuesday, December 4, Ms. PELOSI. I thank the distin- INTRODUCTION OF LEGISLATION at 12:30 p.m. for morning hour and at 2 guished leader. CONVEYING PROPERTY TO GAI- p.m. for legislative business. The House f THERSBURG TO CREATE A CITY will consider a number of measures PARK under suspension of the rules, a list of ADJOURNMENT TO TUESDAY, which will be distributed to Members’ DECEMBER 4, 2001 (Mrs. MORELLA asked and was given offices later today. On Tuesday, no re- Mr. ARMEY. Mr. Speaker, I ask permission to address the House for 1 corded votes are expected before 7 p.m. unanimous consent that when the minute and to revise and extend her re- due to the National Day of Reconcili- House adjourns today, it adjourn to marks.) ation ceremony that will be held be- meet at 12:30 p.m. on Tuesday, Decem- Mrs. MORELLA. Mr. Speaker, I rise tween 5 and 7 p.m. in the Rotunda. Mr. ber 4, 2001, for morning hour debates. to explain legislation that I intro- Speaker, if I may repeat that: on Tues- The SPEAKER pro tempore (Mr. duced, H.R. 3355. It is going to transfer day, there will be no recorded votes be- THORNBERRY). Is there objection to the Federal property to the city of Gai- fore 7 p.m. request of the gentleman from Texas? thersburg. This property is controlled On Wednesday, Mr. Speaker, I expect There was no objection. by the National Institute of Standards to be able to schedule appropriations f and Technology. The transfer will help conference reports that are available. strengthen their existing partnership DISPENSING WITH CALENDAR Chairman YOUNG reports that the Dis- and enable the city of Gaithersburg to WEDNESDAY BUSINESS ON trict of Columbia and Foreign Oper- use the property as a city park and WEDNESDAY NEXT ations conference reports will hope- provide the community a safe area for fully be ready to be considered by Mr. ARMEY. Mr. Speaker, I ask children to play and enjoy nature. Wednesday. unanimous consent that the business It would allow the Department of As previously announced, on Thurs- in order under the Calendar Wednesday Commerce to transfer 13.71 acres of day, December 6, I have scheduled H.R. rule be dispensed with on Wednesday Federal property to the city of Gai- 3005, the Bipartisan Trade Promotion next. thersburg to make this planned park a Authority Act of 2001. The SPEAKER pro tempore. Is there reality. Officials at NIST, such as the Throughout the balance of the week, objection to the request of the gen- acting director, Dr. Karen Brown, and the House will consider any additional tleman from Texas? director of administration and CFO, conference reports as they become There was no objection. Jorge Urrutia, have expressed their available. f support of the property transfer as Ms. PELOSI. I thank the gentleman. have the Mayor of Gaithersburg, Sid- HUMAN CLONING Mr. Speaker, are we to understand ney Katz, and the city council of Gai- from what the gentleman has said that (Mrs. JO ANN DAVIS of Virginia asked thersburg. Fast Track legislation is definitely and was given permission to address The plans for creating the city park going to be on the schedule on Thurs- the House for 1 minute and to revise are already under way. The goal of city day? and extend her remarks.) officials is to build a park that will Mr. ARMEY. Yes. Again, I want to be Mrs. JO ANN DAVIS of Virginia. Mr. complement the neighborhood that is very clear on that. We will vote on Speaker, I rise today to join my col- adjacent to the land. It is my hope that Thursday, the 6th, on the trade pro- leagues in calling upon the other body we can grant this transfer and enable motion legislation. That is it. It will be to take up and pass the Weldon-Stupak the city of Gaithersburg to provide a there. Human Cloning Prohibition Act which safe location for people of all ages. Ms. PELOSI. If I may question the was approved by this House with 265 Mr. Speaker, this is an example of distinguished leader further. What are votes. This is a necessary and impor- the Federal Government reaching out the chances of having votes on next tant bill to protect in law the unique- to a community that is home to many Friday? ness of human life and to acknowledge of its employees. Mr. ARMEY. Mr. Speaker, obviously that everything that science and sci- f we want to hold the floor available for entists are capable of accomplishing votes, but that would be pending con- cannot necessarily be labeled as THE QUIET BEATLE IS GONE ference reports that would be made ‘‘progress.’’ Human life should be nur- (Mr. INSLEE asked and was given available. At this time we have to be tured in families by a father and moth- permission to address the House for 1 prepared for votes on Friday. But, if I er, not created in a laboratory to en- minute and to revise and extend his re- may just give my sort of candid per- sure certain predetermined genetic marks.) sonal advice, I would also entertain traits. Mr. INSLEE. Mr. Speaker, I rise to other Friday options as well. From experiments with animals, we honor the humanitarian workers in Af- Ms. PELOSI. Is it possible we could know that 95 to 99 percent of cloned ghanistan like the Mercy Corps group work Friday through the weekend and embryos die. Those that survive are who when the Afghani people said, ‘‘I end for the year next weekend? often stillborn or die shortly after need you,’’ they did not respond, Mr. ARMEY. I would have to say, Mr. birth. Those that survive beyond birth ‘‘Don’t bother me.’’ Speaker, that I would not anticipate face unpredictable and terrible health I want to tell you, it is a long, long, working through the weekend. I would problems. The prospect of similar re- long and hard road that they are walk- not anticipate us completing our year’s sults in the cloning of human beings is ing. work by the end of next week. chilling, and the other body needs to And their efforts are their own, not Ms. PELOSI. If the distinguished move quickly and decisively to prevent paid for by the taxman. leader would answer one more ques- scientists from proceeding with such Their work is really something. tion, can we expect election reform leg- unethical and shameless experimen- And because of their work, someday islation on the floor next week? tations. the Afghani people will be able to say,

VerDate 11-MAY-2000 03:38 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.015 pfrm03 PsN: H30PT1 H8742 CONGRESSIONAL RECORD — HOUSE November 30, 2001 ‘‘Here comes the sun,’’ and I say, ‘‘It’s that at least includes tax relief for attack ads will be launched beginning all right.’’ hardworking families so they will have this weekend in markets all across f more money in their pockets to spend America deriding the George Bush re- in their community. But there is no ex- cession. BRINGING TECHNOLOGY TO THE cuse for failing to act. I urge this body Let me say again, labeling the eco- CLASSROOM to move the legislation to the Presi- nomic downturn as the George Bush re- (Mr. FERGUSON asked and was dent’s desk so we can get the next cession, a key Democrat announced given permission to address the House quarter of the economy moving in a plans Thursday for her party’s first po- for 1 minute and to revise and extend positive direction. litical ad campaign since the attacks his remarks.) f on America on September 11. Mr. FERGUSON. Mr. Speaker, pre- So I rise today to simply ask the paring and educating our students for b 1030 question, Mr. Speaker, whose recession the global economy of the 21st century SPECIAL ORDERS is this? Is it in fact the George Bush re- must be one of America’s top prior- The SPEAKER pro tempore (Mr. cession? Well, let us begin with the ities. facts. As I mentioned earlier a reces- THORNBERRY). Under the Speaker’s an- As a father and a former teacher, I nounced policy of January 3, 2001, and sion is two consecutive quarters of net am increasingly concerned about the under a previous order of the House, negative growth in the GDP. That shortage of technology in our Nation’s the following Members will be recog- means that the recession in which we schools. While there are some 8.2 mil- nized for 5 minutes each. find ourselves began on March 1. lion instructional computers in our ele- I seem to remember that the Presi- mentary and secondary schools, the ad- f dential campaign was quite divisive. ditional resources that are needed are The SPEAKER pro tempore. Under a That in fact George W. Bush was not startling. At least 5 million new com- previous order of the House, the gentle- able to form his government until into puters are needed at this time, and the woman from the District of Columbia January and, therefore, he had been number will be higher tomorrow and (Ms. NORTON) is recognized for 5 min- President of the United States for ap- next month and next year. utes. proximately 5 weeks, Mr. Speaker, There is widespread concern about (Ms. NORTON addressed the House. when this recession arrived. Now that the academic performance of students Her remarks will appear hereafter in to me is an extraordinary judo throw in the United States relative to their the Extensions of Remarks.) for any human being or any adminis- counterparts in other nations. It is f tration. In 5 weeks we are to believe time that we have a clear and focused AMERICA’S RECESSION that George W. Bush was such a repel- vision to bring educational technology lent on the American economy that he to the classroom for the sake of our The SPEAKER pro tempore. Under a drove us into a recession. That is obvi- most precious resource, our children. previous order of the House, the gen- ously absurd. This week I introduced legislation, tleman from Indiana (Mr. PENCE) is But some might be quick on my side House Resolution 295, calling for a recognized for 5 minutes. of the aisle to say this is not a George commission on technology and edu- Mr. PENCE. Mr. Speaker, on Sep- Bush recession we are in. It is a Bill cation that is comprised of educators, tember 11 our Nation was mercilessly Clinton recession we are in and there is parents and tech industry leaders to attacked in New York and in the Pen- certainly evidence to suggest that. help bring technology into the class- tagon, and we may well have been Manufacturers in the automotive in- room. If we can do this effectively, stu- made subject to biological attacks dustry and the diesel industry in the dents will learn the skills they need to through the mail since, even some of east central Indiana district that I prepare for a successful future in our which arrived at my own congressional serve have said that their orders were high-tech world. office. off beginning in the fourth quarter of Let us pass this resolution and give The impact of these attacks on our the year 2000. The National Association our kids another chance for a brighter country is incalculable. It has been of Manufacturers estimated that with- future tomorrow in our increasingly emotional. It has resulted in spiritual out an energy policy in America, fuel competitive world. renewal in our country. It has resulted prices soared in 1999 and 2000, costing f in military activity overseas and activ- the economy more than $115 billion, ity by the Justice Department in dragging down manufacturers and URGING ACTION ON ECONOMIC criminal investigations of a historic sending us into a recession. STIMULUS PACKAGE scope here in America. And, yes, the But I am not here today, Mr. Speak- (Mr. FOLEY asked and was given per- consequences of September 11 have er, to exploit national tragedy for po- mission to address the House for 1 been economic as well. litical gain. So I do not stand in this minute and to revise and extend his re- The reality is that what we found out Chamber even to say this is a Bill Clin- marks.) this week, Mr. Speaker, is that begin- ton recession. Mr. FOLEY. Mr. Speaker, another ning in March of this year and mani- So whose recession is it, Mr. Speak- Friday has passed, another week is fin- fested in newspapers around America er? Is it George W. Bush’s? Is it Bill ished in Congress, and we still have no on Tuesday, we are in fact in a reces- Clinton’s? Is it the terrorists’ who at- economic stimulus package. We need sion. All people around America know tacked our country on September 11? to urge the other Chamber to work is recession is defined as when there The truth of the matter is, Mr. Speak- with us to try and get something that are two consecutive quarters of net er, it is none of the above. It is simply will stimulate this economy. negative growth in the GDP, and that America’s recession. Unemployment numbers are rising. sad news arrived on the door steps of The people of the United States of GDP numbers released this morning Americans this week. America learned a powerful lesson on were weak. We continue to see prob- Well, the reality is that the events of September 11, and that is we are all in lems in the economy. Shopping and September 11, Mr. Speaker, contributed this together, that united we stand. holiday shopping has dropped dramati- to a weak economy spiraling even fur- The American people have rightly had cally. Tourism in Florida is off 16 per- ther into recession, the recession in much less patience for small-minded cent. which we find ourselves today. Now, partisan bickering and finger pointing How much more information do you these facts may seem obvious. They since September 11, and I suspect that need in the other Chamber? I urge all may not even seem worthy of taking my colleagues on the other side of the parties, Democrats, Republicans and the time of this august Chamber today; aisle who would seize this moment for independents, on both sides of this Cap- but they are not apparently obvious to political advantage, to lay this multi- itol to work together over this week- our colleagues on the other side of the year recession driven even farther end and have an economic stimulus bill aisle, who we are told in newspapers down by the terrorist attacks may well that will actually cause the economy around America today including the pay a penalty at the ballot box for to move forward. We hope on our side front page of USA Today that political their exploitation.

VerDate 11-MAY-2000 03:38 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.017 pfrm03 PsN: H30PT1 November 30, 2001 CONGRESSIONAL RECORD — HOUSE H8743 Let us work together to pass an eco- ganizations and activists, by doctors tleman from Minnesota (Mr. GUT- nomic stimulus package in a bipartisan and economists and by people living KNECHT) is recognized for 5 minutes. way. Let us get this economy moving with the disease. Pharmaceutical com- Mr. GUTKNECHT. Mr. Speaker, in together. panies have made their AIDS drugs the pre-dawn hours of April 12, 1861, f more affordable in poor countries, and Confederate General P.G.T. Beauregard a growing number of corporations have gave the order to fire on Fort Sumter. The SPEAKER pro tempore. Under a created programs to provide both pre- After 34 hours of bombardment, a white previous order of the House, the gentle- vention and treatment for employees flag ended the first battle of the Civil woman from California (Ms. in the wider community. Foundations War. MILLENDER-MCDONALD) is recognized are making increasingly imaginative The only casualty was a Confederate for 5 minutes. and generous contributions, both finan- horse. Later a Northern Congressman (Ms. MILLENDER-MCDONALD ad- cial and intellectual in prevention, in predicted that we could, ‘‘wipe up with dressed the House. Her remarks will reducing mother-to-child transmission one handkerchief the blood that would appear hereafter in the Extensions of and the search for the vaccine. be spilled in putting down the rebel- Remarks.) ‘‘In a growing number of countries, lion.’’ He was wrong. f an effective prevention campaign has As the Northern Alliance supported been launched. There has been an in- WORLD AIDS DAY by our bombers and Special Forces roll creased recognition about donors in the across Afghanistan, I fear the same The SPEAKER pro tempore. Under a most affected countries of the link be- overconfidence taking root here in previous order of the House, the gen- tween prevention and treatment.’’ Congress. tleman from Florida (Mr. FOLEY) is This is General Kofi Annan’s state- In the words of the poet, ‘‘We have recognized for 5 minutes. ment today in the Washington Post. miles to go before we sleep.’’ So it is Mr. FOLEY. Mr. Speaker, since 1988 Let me underscore how tragic it is: with the war on terrorism. December 1 has been known as World 7,000 people in sub-Saharan Africa die Many ask me what will come next. AIDS Day. World AIDS Day emerged each day. Seven thousand people, al- The answer is embedded in the ques- from the call by the World Summit of most double those killed in the World tion. We all know that there will be a the Ministers of Health on Programmes Trade Center. Seven thousand a day in next. It is important that those who for AIDS prevention in January of 1988 sub-Saharan Africa. advance terrorism not know when. to open channels of communication, It is an international issue that we It is important that we understand strengthen the exchange of informa- must grapple with. I am proud to say that the coming phase probably will tion and experience, and forge a spirit President Bush has committed $200 not be as painless in defeating the of social tolerance. Since then World million to the global fund to fight HIV Taliban. Other countries do not offer AIDS Day has received the support of and AIDS. The global fund has right ready-made freedom fighters like the the World Health Assembly, the United now pledges totalling $1.5 billion and I Northern Alliance. We must also brace Nations system and governments, com- am proud to see our President, George ourselves for potential news blackouts. munities and individuals around the Bush, committed to this goal and pro- I pray that any future deployments of world. Each year, it is the only inter- viding financial response and support. our Special Forces into other countries national day of coordinated action I am asking Congress for an addi- will not be announced on CNBC. SEAL against AIDS. tional $1 billion for the fund, and I teams do their best work away from Today in the Washington Post I have hope we are able to do that. the glare of Klieg lights. Today we should reflect on those lost read Kofi Annan, who is the Secretary Our commander in chief has made it and use their memories to fuel our ef- General of the United Nations, entered clear from the very beginning, this will forts to eradicate this pandemic. This this editorial comment: ‘‘Every day be a long war involving many countries is one of the most serious health chal- more than 8,000 people die of AIDS. that harbor terrorism. lenges we have faced and will face in Every hour almost 600 people become It began at a time of their choosing. my lifetime. I pledge as a Member of infected. Every minute a child dies of It will end at a time and under the this body to continue to work with our the virus. Just as life and death goes terms that we decide. We must not be- leaders, the Speaker of the House and on after September 11, so must we con- come overconfident. It will take many others, in order to effectuate a solid tinue our fight against the HIV and handkerchiefs. There will be casual- policy that helps care for those suf- ties, both American and innocent civil- AIDS epidemic. Before the terrorist at- fering from this dreaded disease. We ians. But I have no doubt that we will tack two months ago, tremendous mo- can find a way to not only, we pray, prevail. And in the end, we will leave mentum had been achieved in that create a vaccine, but eradicate this to future generations a much safer fight. To lose it now would be to com- scourge among mankind. But we must planet. To victory. pound one tragedy with another. particularly set our sights on sub-Sa- ‘‘New figures released in advance of haran Africa and other places because f World AIDS Day, December 1, show of the poverty and because of the lack The SPEAKER pro tempore. Under a that more than 40 million people are of knowledge and because a lack of previous order of the House, the gen- now living with the virus. The vast ma- medical care and treatment is ravaging tleman from New York (Mr. ENGEL) is jority of them are in sub-Saharan Afri- and destroying the humanity that lives recognized for 5 minutes. ca, where the devastation is so acute there. (Mr. ENGEL addressed the House. His that it has become one of the major ob- I pledge my support and I know Con- remarks will appear hereafter in the stacles to development. But parts of gress joins us today as we salute World Extensions of Remarks.) the Caribbean and Asia are not far be- AIDS Day tomorrow morning in our f hind and the pandemic is spreading at global fight against this disease. The SPEAKER pro tempore. Under a an alarming rate in Eastern Europe. f previous order of the House, the gentle- For too long global progress and facing The SPEAKER pro tempore. Under a woman from North Carolina (Mrs. up to AIDS was painfully slow, and no- previous order of the House, the gentle- CLAYTON) is recognized for 5 minutes. where near commensurate with the woman from Texas (Ms. JACKSON-LEE) (Mrs. CLAYTON addressed the House. challenge. But in the past year for is recognized for 5 minutes. Her remarks will appear hereafter in much of the international community, (Ms. JACKSON-LEE of Texas ad- the Extensions of Remarks.) the magnitude of this crisis has finally dressed the House. Her remarks will f begun to sink in. Never in the 2 long appear hereafter in the Extensions of LEAVE OF ABSENCE decades that the world has faced this Remarks.) growing catastrophe have there been f By unanimous consent, leave of ab- such a sense of common resolve and sence was granted to: collective possibility. FOR THE LONG HAUL Mr. BECERRA (at the request of Mr. ‘‘Public opinion has been mobilized The SPEAKER pro tempore. Under a GEPHARDT) for today on account of per- by the media and nongovernmental or- previous order of the House, the gen- sonal business.

VerDate 11-MAY-2000 04:59 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.020 pfrm03 PsN: H30PT1 H8744 CONGRESSIONAL RECORD — HOUSE November 30, 2001 SPECIAL ORDERS GRANTED that I take this obligation freely, ner, Jeff Flake, Ernie Fletcher, Mark By unanimous consent, permission to without any mental reservation or Foley, J. Randy Forbes, Harold E. address the House, following the legis- purpose of evasion; and that I will Ford, Jr., Vito Fossella, Barney Frank, lative program and any special orders well and faithfully discharge the Rodney P. Frelinghuysen, Martin heretofore entered, was granted to: duties of the office on which I am Frost, Elton Gallegly, Greg Ganske, (The following Members (at the re- about to enter. So help me God. George W. Gekas, Richard A. Gephardt, Jim Gibbons, Wayne T. Gilchrest, Paul quest of Mr. UDALL of New Mexico) to has been subscribed to in person and revise and extend their remarks and in- filed in duplicate with the Clerk of the E. Gillmor, Benjamin A. Gilman, clude extraneous material:) House of Representatives by the fol- Charles A. Gonzalez, Virgil H. Goode, Jr., Bob Goodlatte, Bart Gordon, Por- Ms. NORTON, for 5 minutes, today. lowing Member of the 107th Congress, ter J. Gross, Lindsey O. Graham, Kay Ms. MILLENDER-MCDONALD, for 5 min- pursuant to the provisions of 2 U.S.C. Granger, Sam Graves, Gene Green, utes, today. 25: Mark Green, James C. Greenwood, Ms. JACKSON-LEE of Texas, for 5 min- Honorable JOHN BOOZMAN 3rd Arkan- Felix J. Grucci, Jr., Luis Gutierrez, Gil utes, today. sas. Gutknecht, Ralph M. Hall, Tony P. Mr. ENGEL, for 5 minutes, today. f Hall, James V. Hansen, Jane Harman, Mrs. CLAYTON, for 5 minutes, today. OATH FOR ACCESS TO CLASSIFIED Melissa A. Hart, J. Dennis Hastert, (The following Members (at the re- INFORMATION Alcee L. Hastings, Doc Hastings, Rob- quest of Mr. FOLEY) to revise and ex- Under clause 13 of rule XXIII, the fol- ert Hayes, J. D. Hayworth, Joel Hefley, tend their remarks and include extra- lowing Members executed the oath for Wally Herger, Baron P. Hill, Van neous material:) access to classified information: Hilleary, Earl F. Hilliard, Maurice D. Mr. PENCE, for 5 minutes, today. Neil Abercrombie, Anı´bal Acevedo- Hinchey, Rube´n Hinojosa, David L. Mr. FOLEY, for 5 minutes, today. Vila´ , Gary L. Ackerman, Robert B. Hobson, Joseph M. Hoeffel, Peter Hoek- Mr. GUTKNECHT, for 5 minutes, today. Aderholt, W. Todd Akin, Thomas H. stra, Tim Holden, Rush D. Holt, Mi- f Allen, Robert E. Andrews, Richard K. chael M. Honda. Darlene Hooley, Ste- Armey, Joe Baca, Spencer Bachus, SENATE BILL REFERRED phen Horn, John N. Hostettler, Amo Brian Baird, Richard H. Baker, John Houghton, Steny H. Hoyer, Kenny C. A joint resolution of the Senate of Elias E. Baldacci, Tammy Baldwin, Holshof, Duncan Hunter, Henry J. the following title was taken from the Cass Ballenger, James A. Barcia, Bob Hyde, Jay Inslee, Johnny Isakson, Speaker’s table and, under the rule, re- Barr, Thomas M. Barrett, Roscoe G. Steve Israel, Darrell E. Issa, Ernest J. ferred as follows: Bartlett, Joe Barton, Charles F. Bass, Istook, Jr., Jesse L. Jackson, Jr., Shei- S.J. Res. 26. Joint resolution providing for Xavier Becerra, Ken Bentsen, Doug Be- la Jackson-Lee, William J. Jefferson, the appointment of Patricia Q. Stonesifer as reuter, Shelley Berkley, Howard L. William L. Jenkins, Christopher John, a citizen regent of the Board of Regents of Berman, Marion Berry, Judy Biggert, Eddie Bernice Johnson, Nancy L. John- the Smithsonian Institution; to the Com- Michael Bilirakis, Sanford D. Bishop, son, Sam Houston, Timothy V. John- mittee on House Administration. Jr., Rod R. Blagojevich, Earl son, Stephanie Tubbs Jones, Walter B. f Blumenauer, Roy Blunt, Sherwood L. Jones, Paul E. Kanjorski, Marcy Kap- SENATE ENROLLED BILLS SIGNED Boehlert, John A. Boehner, Henry tur, Ric Keller, Sue W. Kelly, Mark R. Bonilla, David E. Bonior, Mary Bono, Kennedy, Patrick J. Kennedy, Brian D. The SPEAKER announced his signa- John Boozman, Robert A. Borski, Kerns, Dale E. Kildee, Carolyn C. Kil- ture to enrolled bills of the Senate of Leonard L. Boswell, Rick Boucher, patrick, Ron Kind, Peter T. King, Jack the following titles: Allen Boyd, Kevin Brady, Robert A. Kingston, Mark Steven Kirk, Gerald D. S. 1459. An act to designate the Federal Brady, Corrine Brown, Sherrod Brown, Kleczka, Joe Knollenberg, Jim Kolbe, building and United States courthouse lo- Henry E. Brown, Jr., Ed Bryant, Rich- Dennis J. Kucinich, John J. LaFalce, cated at 550 West Fort Street in Boise, Idaho, as the ‘‘James A. McClure Federal Building ard Burr, Dan Burton, Steve Buyer, Ray LaHood, Nick Lampson, James R. and United States Courthouse’’. Sonny Callahan, Ken Calvert, Dave Langevin, Tom Lantos, Steve Largent, S. 1573. An act to authorize the provision of Camp, Chris Cannon, Eric Cantor, Shel- Rick Larsen, John B. Larson, Tom educational and health care assistance to the ley More Capito, Lois Capps, Michael Latham, Steven C. LaTourette, James women and children of Afghanistan. E. Capuano, Benjamin L. Cardin, Brad A. Leach, Barbara Lee, Sander M. f Carson, Julia Carson, Michael N. Cas- Levin, Jerry Lewis, John Lewis, Ron tle, Steve Chabot, Saxby Chambliss, Lewis, John Linder, William O. Lipin- ADJOURNMENT Donna M. Christensen, Wm. Lacy Clay, ski, Frank A. LoBiondo, Zoe Lofgren, Mr. GUTKNECHT. Mr. Speaker, I Eva M. Clayton, Bob Clement, James Nita M. Lowey, Frank D. Lucas, Ken move that the House do now adjourn. E. Clyburn, Howard Coble, Mac Collins, Lucas, Bill Luther, Stephen F. Lynch, The motion was agreed to; accord- Larry Combest, Gary A. Condit, John Carolyn B. Maloney, James H. ingly (at 10 o’clock and 45 minutes Cooksey, Jerry F. Costello, Christopher Maloney, Donald A. Manzullo, Edward a.m.), under its previous order, the Cox, William J. Coyne, Robert E. (Bud) J. Markey, Frank Mascara, Jim Mathe- House adjourned until Tuesday, De- Cramer, Jr., Philip P. Crane, Ander son, Robert T. Matsui, Carolyn McCar- cember 4, 2001, at 12:30 p.m., for morn- Crenshaw, Joseph Crowley, Barbara thy, Karen McCarthy, Betty McCollum, ing hour debates. Cubin, John Abney Culberson, Elijah E. Jim McCrery, James P. McGovern, f Cummings, Randy ‘‘Duke’’ John McHugh, Scott McInnis, Mike Cunningham, Danny K. Davis, Jim McIntyre, Howard P. McKeon, Cynthia OATH OF OFFICE Davis, Jo Ann Davis, Susan A. Davis, A. McKinney, Michael R. McNulty, The oath of office required by the Thomas M. Davis, Nathan Deal, Peter Martin T. Meehan, Carrie P. Meek, sixth article of the Constitution of the A. DeFazio, Diana DeGette, William D. Gregory W. Meeks, Robert Menendez, United States, and as provided by sec- Delahunt, Rosa L. DeLauro, Tom John L. Mica, Juanita Millender- tion 2 of the act of May 13, 1884 (23 DeLay, Jim DeMint, Peter Deutsch, McDonald, Dan Miller, Gary G. Miller, Stat. 22), to be administered to Mem- Lincoln Diaz-Balart, Norman D. Dicks, George Miller, Jeff Miller, Pasty T. bers, Resident Commissioner, and Dele- John D. Dingell, Lloyd Doggett, Calvin Mink, Alan B. Mollohan, Dennis Moore, gates of the House of Representatives, M. Dooley, John T. Doolittle, Michael James P. Moran, Jerry Moran, Con- the text of which is carried in 5 U.S.C. F. Doyle, David Dreier, John J. Dun- stance A. Morella, John P. Murtha, Sue 3331: can, Jr., Jennifer Dunn, Chet Edwards, Wilkins Myrick, Jerrold Nadler, Grace I, AB, do solemnly swear (or af- Vernon J. Ehlers, Robert L. Ehrlich, F. Napolitano, Richard E. Neal, George firm) that I will support and defend Jr., Jo Ann Emerson, Eliot L. Engel, R. Nethercutt, Jr., Robert W. Ney, the Constitution of the United Phil English, Anna G. Eshoo, Bob Anne M. Northup, Eleanor Holmes Nor- States against all enemies, foreign Etheridge, Lane Evans, Terry Everett, ton, Charlie Norwood, Jim Nussle, and domestic; that I will bear true Eni F. H. Faleomavaega, Sam Farr, James L. Oberstar, David R. Obey, faith and allegiance to the same; Chaka Fattah, Mike Ferguson, Bob Fil- John W. Olver, Solomon P. Ortiz, Tom

VerDate 11-MAY-2000 04:59 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K30NO7.028 pfrm03 PsN: H30PT1 November 30, 2001 CONGRESSIONAL RECORD — HOUSE H8745 Osborne, Doug Ose, C. L. Otter, Major ant to 22 U.S.C. 2776(c); to the Committee on Point Shores, MI [CGD09–01–132] (RIN: 2115– R. Owens, Michael G. Oxley, Frank International Relations. AA97) November 16, 2001, pursuant to 5 U.S.C. Pallone, Jr., Bill Pascrell, Jr., Ed Pas- 4671. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Transpor- for Legislative Affairs, Department of State, tor, Ron Paul, Donald M. Payne, Nancy tation and Infrastructure. transmitting certification of a proposed li- 4682. A letter from the Chief, Regulations Pelosi, Mike Pence, Collin C. Peterson, cense for the export of defense articles or de- and Administrative Law, USCG, Department John E. Peterson, Thomas E. Petri, fense services sold under a contract to the of Transportation, transmitting the Depart- David D. Phelps, Charles W. Pickering, United Kingdom (Transmittal No. DTC 133– ment’s final rule—Safety and Security Joseph R. Pitts, Todd Russell Platts, 01), pursuant to 22 U.S.C. 2776(c); to the Com- Zones; Newport Naval Station, Newport, RI Richard W. Pombo, Earl Pomeroy, Rob mittee on International Relations. [CGD01–01–148] (RIN: 2115–AA97) November Portman, David E. Price, Deborah 4672. A letter from the Assistant Secretary 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Pryce, Adam H. Putnam, Jack Quinn, for Legislative Affairs, Department of State, the Committee on Transportation and Infra- transmitting certification of a proposed li- George Radanovich, Nick J. Rahall, II, structure. cense for the export of defense articles or de- 4683. A letter from the Chief, Regulations Jim Ramstad, Charles B. Rangel, Ralph fense services sold under a contract to India and Administrative Law, USCG, Department Regula, Dennis R. Rehberg, Silvestre (Transmittal No. DTC 160–01), pursuant to 22 of Transportation, transmitting the Depart- Reyes, Thomas M. Reynolds, Bob U.S.C. 2776(c); to the Committee on Inter- ment’s final rule—Safety and Security Riley, Lynn N. Rivers, Ciro D. national Relations. Zones; Port of New York/New Jersey [CGD01– Rodriguez, Tim Roemer, Harold Rog- 4673. A letter from the Assistant Secretary 01–102] (RIN: 2115–AA97) November 16, 2001, ers, Mike Rogers, Dana Rohrabacher, for Legislative Affairs, Department of State, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting certification of a proposed li- mittee on Transportation and Infrastruc- Ileana Ros-Lehtinen, Mike Ross, Ste- cense for the export of defense articles or de- ven R. Rothman, Marge Roukema, Lu- ture. fense services sold under a contract to Japan 4684. A letter from the Chief, Regulations cille Roybal-Allard, Edward R. Royce, (Transmittal No. DTC 131–01), pursuant to 22 and Administrative Law, USCG, Department Bobby L. Rush, Paul Ryan, Jim Ryun, U.S.C. 2776(c); to the Committee on Inter- of Transportation, transmitting the Depart- Martin Olav Sabo, Loretta Sanchez, national Relations. ment’s final rule—Drawbridge Operation Bernard Sanders, Max Sandlin, Tom 4674. A letter from the Assistant Secretary Regulations: Dorchester Bay, MA [CGD01–01– Sawyer, Jim Saxton, Bob Schaffer, for Legislative Affairs, Department of State, 142] (RIN: 2115–AE47) received November 16, transmitting certification of a proposed Janice D. Schakowsky, Adam B. Schiff, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Manufacturing License Agreement with Committee on Transportation and Infra- Edward L. Schrock, Robert C. Scott, F. Japan [Transmittal No. DTC 130–01], pursu- James Sensenbrenner, Jr., Jose´ E. structure. ant to 22 U.S.C. 2776(d); to the Committee on 4685. A letter from the Chief, Regulations Serrano, Pete Sessions, John B. Shad- International Relations. and Administrative Law, USCG, Department egg, E. Clay Shaw, Jr., Christopher 4675. A letter from the Assistant Secretary of Transportation, transmitting the Depart- Shays, Brad Sherman, Don Sherwood, for Legislative Affairs, Department of State, ment’s final rule—Drawbridge Operation John Shimkus, Ronnie Shows, Bill transmitting certification of a proposed Regulations: Harlem River, NY [CGD01–01– Shuster, Rob Simmons, Michael K. Manufacturing License Agreement with the 157] received November 16, 2001, pursuant to United Kingdom [Transmittal No. DTC 139– 5 U.S.C. 801(a)(1)(A); to the Committee on Simpson, Joe Skeen, Ike Skelton, Lou- 01], pursuant to 22 U.S.C. 2776(d); to the Com- ise McIntosh Slaughter, Adam Smith, Transportation and Infrastructure. mittee on International Relations. 4686. A letter from the Chief, Regulations Christopher H. Smith, Lamar S. Smith, 4676. A letter from the Assistant Attorney and Administrative Law, USCG, Department General, Department of Justice, transmit- Nick Smith, Vic Snyder, Hilda L. Solis, of Transportation, transmitting the Depart- ting a report entitled, ‘‘Review of the Re- Mark E. Souder, Floyd Spence, John N. ment’s final rule—Drawbridge Operation strictions on Persons of Italian Ancestry Spratt, Jr., Fortney Pete Stark, Cliff Regulations: Harlem River, Newtown Creek, During World War II,’’ in accordance with Stearns, Charles W. Stenholm, Ted NY [CGD01–01–180] (RIN: 2115–AE47) received Section 3 of the Wartime Violation of Italian November 19, 2001, pursuant to 5 U.S.C. Strickland, Bob Stump, Bart Stupak, American Civil Liberties Act, Public Law 801(a)(1)(A); to the Committee on Transpor- John E. Sununu, John E. Sweeney, 106–451; to the Committee on the Judiciary. tation and Infrastructure. Thomas G. Tancredo, John S. Tanner, 4677. A letter from the Chief, Regulations 4687. A letter from the Director, Office of Ellen O. Tauscher, W.J. (Billy) Tauzin, and Administrative Law, USCG, Department Regulations Management, Department of of Transportation, transmitting the Depart- Charles H. Taylor, Gene Taylor, Lee Veterans’ Affairs, transmitting the Depart- ment’s final rule—Security Zone; Lake Erie, Terry, William M. Thomas, Bennie G. ment’s ‘‘Major’’ final rule—Copayments for Monroe, Michigan [CGD09–01–135] (RIN: 2115– Thompson, Mike Thompson, Mac Medications (RIN: 2900–AK85) received No- AA97) received November 16, 2001, pursuant Thornberry, John R. Thune, Karen L. vember 30, 2001, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Veterans’ Thurman, Todd Tiahrt, Patrick J. Transportation and Infrastructure. Tiberi, John F. Tierney, Patrick J. 4678. A letter from the Chief, Regulations Affairs. Toomey, Edolphus Towns, James A. and Administrative Law, USCG, Department 4688. A letter from the Regulations Officer, Traficant, Jr., Jim Turner, Mark Udall, of Transportation, transmitting the Depart- Social Security Administration, transmit- ting the Administration’s ‘‘Major’’ final Tom Udall, Robert A. Underwood, Fred ment’s final rule—Security Zone; Lake Erie, Toledo, Ohio [CGD09–01–136] (RIN: 2115–AA97) rule—Revised Medical Criteria for Deter- Upton, Nydia M. Vela´ zquez, Peter J. mination of Disability, Musculoskeletal Sys- Visclosky, David Vitter, Greg Walden, received November 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on tem and Related Criteria [Regulations Nos. 4 James T. Walsh, Zach Wamp, Maxine Transportation and Infrastructure. and 16] (RIN: 0960–AB01) received November Waters, Wes Watkins, Diane E. Watson, 4679. A letter from the Chief, Regulations 30, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Melvin L. Watt, J.C. Watts, Jr., Henry and Administrative Law, USCG, Department the Committee on Ways and Means. A. Waxman, Anthony D. Weiner, Curt of Transportation, transmitting the Depart- f Weldon, Dave Weldon, Jerry Weller, ment’s final rule—Security Zone; San Fran- cisco Bay, San Francisco, CA [COTP San REPORTS OF COMMITTEES ON Robert Wexler, Ed Whitfield, Roger F. PUBLIC BILLS AND RESOLUTIONS Wicker, Heather Wilson, Frank R. Francisco Bay 01–008] (RIN: 2115- AA97) re- Wolf, Lynn C. Woolsey, David Wu, Al- ceived November 16, 2001, pursuant to 5 Under clause 2 of rule XIII, reports of U.S.C. 801(a)(1)(A); to the Committee on committees were delivered to the Clerk bert Russell Wynn, C.W. Bill Young, Transportation and Infrastructure. Don Young, 4680. A letter from the Chief, Regulations for printing and reference to the proper calendar, as follows: f and Administrative Law, USCG, Department of Transportation, transmitting the Depart- Mr. SENSENBRENNER: Committee on the EXECUTIVE COMMUNICATIONS, ment’s final rule—Safety and Security Judiciary. H.R. 3030. A bill to extend the ETC. Zones; New York Marine Inspection Zone ‘‘Basic Pilot’’ employment verification sys- Under clause 8 of rule XII, executive and Captain of the Port Zone [CGD01–01–170] tem, and for other purposes; with amend- (RIN: 2115–AA97) received November 16, 2001, ments (Rept. 107–310 Pt. 1). communications were taken from the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BOEHLERT: Committee on Science. Speaker’s table and referred as follows: mittee on Transportation and Infrastruc- H.R. 64. A bill to provide for the establish- 4670. A letter from the Assistant Secretary ture. ment of the position of Deputy Adminis- for Legislative Affairs, Department of State, 4681. A letter from the Chief, Regulations trator for Science and Technology of the En- transmitting certification of a proposed li- and Administrative Law, USCG, Department vironmental Protection Agency, and for cense for the export of defense articles or de- of Transportation, transmitting the Depart- other purposes; with an amendment (Rept. fense services sold under a contract to ment’s final rule—Safety Zone; Lake St. 107–311). Referred to the Committee of the France (Transmittal No. DTC 134–01), pursu- Clair, Grosse Pointe Yacht Club, Grosse Whole House on the State of the Union.

VerDate 11-MAY-2000 04:59 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A30NO7.018 pfrm03 PsN: H30PT1 H8746 CONGRESSIONAL RECORD — HOUSE November 30, 2001

DISCHARGE OF COMMITTEE tion to the Committee on the Judiciary, for H.R. 1543: Mr. FORD. Pursuant to clause 2 of rule XII the a period to be subsequently determined by H.R. 1779: Mr. WAMP. Committee on Education and the the Speaker, in each case for consideration H.R. 1782: Mr. PLATTS. Workforce discharged from further of such provisions as fall within the jurisdic- H.R. 2623: Mr. UDALL of Colorado. tion of the committee concerned. H.R. 2723: Mr. CLEMENT and Mrs. BONO. consideration. H.R. 3030 referred to the By Mr. ENGLISH (for himself and Mr. H.R. 2935: Mr. GUTIERREZ. Committee of the Whole House on the DEUTSCH): H.R. 2949: Mr. THOMPSON of California, Mr. State of the Union and ordered to be H.R. 3388. A bill to amend title XVIII of the PRICE of North Carolina, Mr. MCGOVERN, Mr. printed. Social Security Act to adjust the fee for col- MATSUI, Ms. LEE, Mr. FALEOMAVAEGA, and lecting specimens for clinical diagnostic lab- f Mr. FROST. oratory tests under the Medicare Program; H.R. 3006 Mr. SOUDER. DISCHARGE FROM UNION to the Committee on Energy and Commerce, H.R. 3046 Mr. HONDA. CALENDAR and in addition to the Committee on Ways H.R. 3054 Mr. HINCHEY and Mr. KINGSTON. and Means, for a period to be subsequently H.R. 3101 Mr. HOYER. Under clause 5 of rule X, the fol- determined by the Speaker, in each case for H.R. 3143 Mr. KING, Ms. BROWN of Florida, lowing action was taken by the Speak- consideration of such provisions as fall with- Mr. CANTOR, Mr. BOEHLERT, Mr. BOUCHER, er: in the jurisdiction of the committee con- Mr. MCGOVERN, Ms. MCKINNEY, and Mr. RAN- H.R. 2481. The Committee of the Whole cerned. GEL. House on the State of the Union discharged, By Mr. GILCHREST: H.R. 3185 Mr. KING, Mr. BROWN of Ohio, Mr. and referred to the Committee on Armed H.R. 3389. A bill to reauthorize the Na- SHIMKUS, and Mr. LAHOOD. Services for a period ending not later than tional Sea Grant College Program Act, and H.R. 3223 Mr. CAMP, Mr. MCINNIS, and Mr. February 15, 2002, for consideration of such for other purposes; to the Committee on Re- EHRLICH. provisions of the bill and amendment as fall sources. H.R. 3230 Mr. REYNOLDS. within the jurisdiction of the Committee on By Mr. SHOWS (for himself and Mr. H.R. 3278 Mr. PAYNE. Armed Services pursuant to clause 1(c), rule THOMPSON of Mississippi): H.R. 3352 Mr. MOLLOHAN. X. H.R. 3390. A bill to provide consistent H.J. Res. 6: Mr. TIERNEY. treatment of overtime, night, and holiday in- H. Con. Res. 250: Mr. STUPAK, Mr. KILDEE, f spection and quarantine services performed Mr. HOYER, and Mr. PLATTS. TIME LIMITATION OF REFERRED by employees of the Department of Agri- H. Con. Res. 279: Mr. ORTIZ, Mr. BARTLETT BILL culture; to the Committee on Government of Maryland, Mr. WHITFIELD, MR. CAPUANO, Reform, and in addition to the Committee on Ms. MCKINNEY, Mr. LANGEVIN, Mr. MORAN of Pursuant to clause 2 of rule XII the Agriculture, for a period to be subsequently Virginia, Mr. KIRK, Mr. BURTON of Indiana, following action was taken by the determined by the Speaker, in each case for Mr. ISAKSON, and Mr. BAKER. Speaker: consideration of such provisions as fall with- H. Res. 298: Mr. PLATTS AND MRS. ROU- in the jurisdiction of the committee con- H.R. 3030. Referral to the Committee on KEMA. cerned. Education and the Workforce extended for a H. Res. 300: Mr. ALLEN, Mr. GRUCCI, Mr. period ending not later than November 30, f MASCARA, Mrs. MINK of Hawaii, Mr. TIERNEY, and Mr. MARKEY. 2001. ADDITIONAL SPONSORS f f Under clause 7 of rule XII, sponsors PUBLIC BILLS AND RESOLUTIONS were added to public bills and resolu- DISCHARGE PETITIONS— tions as follows: ADDITIONS OR DELETIONS Under clause 2 of rule XII, public bills and resolutions were introduced H.R. 13: Ms. CARSON of Indiana. The following Members added their H.R. 280: Mr. ISTOOK. names to the following discharge peti- and severally referred, as follows: H.R. 303: Mr. TOOMEY. By Mr. TERRY: H.R. 488: Mr. STARK and Mr. GREENWOOD. tions: H.R. 3387. A bill to amend the Fair Credit H.R. 656: Mr. WATKINS. Petition 4, by Mr. CUNNINGHAM on House Reporting Act to extend the limitation on H.R. 1220: Mr. RUSH. Resolution 271: Carolyn McCarthy, Charlie actions, and for other purposes; to the Com- H.R. 1331: Mr. FLAKE. Norwood, Gene Green, and Patrick J. Ken- mittee on Financial Services, and in addi- H.R. 1405: Mrs. LOWEY. nedy.

VerDate 11-MAY-2000 04:59 Dec 01, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A30NO7.003 pfrm03 PsN: H30PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, FRIDAY, NOVEMBER 30, 2001 No. 164 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING have been three cloture motions filed called to order by the Honorable HERB PRESIDENT PRO TEMPORE with respect to H.R. 10. All first-degree KOHL, a Senator from the State of Wis- The PRESIDING OFFICER. The amendments must be filed prior to 1 consin. clerk will please read a communication p.m. today. PRAYER to the Senate from the President pro I stress that because the majority tempore (Mr. BYRD). leader has asked me to announce we The Chaplain, Dr. Lloyd John The legislative clerk read the fol- are going to go out of session at 1:15 Ogilvie, offered the following prayer: lowing letter: Dear God, in these challenging days, p.m., the reason being the remediation we remember Abraham Lincoln’s U.S. SENATE, that is taking place in the Hart Build- PRESIDENT PRO TEMPORE, words: ‘‘I have been driven many times ing today. The Dirksen Building will be Washington, DC, November 30, 2001. closed this afternoon, and we want to upon my knees by the overwhelming To the Senate: conviction that I had nowhere else to Under the provisions of rule I, paragraph 3, make sure we are out of session before go. My own wisdom, and that of all of the Standing Rules of the Senate, I hereby the closure of the Dirksen Building be- about me, seemed insufficient for the appoint the Honorable HERB KOHL, a Senator gins. Everyone should cooperate. We day.’’ from the State of Wisconsin, to perform the are not going to make a unanimous Holy, righteous God, we sense that duties of the Chair. consent request to recess at 1:15 p.m. same longing to be in profound com- ROBERT C. BYRD, Everyone should understand that it President pro tempore. munion with You because we need vi- would be tremendously inconvenient sion, wisdom, and courage no one else Mr. KOHL thereupon assumed the for the staff and everyone else if we can provide. We long for our prayers to chair as Acting President pro tempore. went past 1:15 p.m. today. Everyone has be a consistent commitment to be on f hours to speak this morning if they Your side rather than an appeal for RECOGNITION OF THE ACTING wish. They should rearrange their You to join our partisan causes. For- MAJORITY LEADER schedule to speak. We would recess ear- give us when we act like we have a cor- lier, but because of the previous order ner on the truth and always are right. The ACTING PRESIDENT pro tem- pore. The Senator from Nevada. entered, we want to make sure that is Then our prayers reach no further than maintained and people can file their f the ceiling. In humility, we spread out amendments prior to 1 p.m. At 1:15 our concerns before You and ask for SCHEDULE p.m., we are going to have to recess the Your inspiration. You have taught us Mr. REID. Mr. President, this morn- Senate. to pray: Your will be done on earth as it ing the Senate will be in a period for is in heaven. Amen. morning business, with Senators per- f f mitted to speak for up to 10 minutes PLEDGE OF ALLEGIANCE each. There will be no rollcall votes MEASURES PLACED ON The Honorable HERB KOHL led the today. The next rollcall vote, the ma- CALENDAR—H.R. 2722 and H.R. 3189 Pledge of Allegiance, as follows: jority leader has asked me to an- Mr. REID. Mr. President, I under- I pledge allegiance to the Flag of the nounce, will be at approximately 5 p.m. United States of America, and to the Repub- on Monday. We could have a series of stand there are some bills at the desk lic for which it stands, one nation under God, three votes on Monday beginning at 5 that have been read the first time. indivisible, with liberty and justice for all. p.m. Everyone is reminded that there They are H.R. 2722 and H.R. 3189.

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VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A30NO6.000 pfrm04 PsN: S30PT1 S12220 CONGRESSIONAL RECORD — SENATE November 30, 2001 The ACTING PRESIDENT pro tem- troduction last spring. We were asked and keep it yourself. . . . Useful courses to pore. The Senator is correct. not to offer the bill as an amendment learn are sniping, general shooting and other Mr. REID. Mr. President, I ask unan- to the education bill because it was one rifle courses. Handgun courses are useful but only after you have mastered rifles. imous consent that it be in order en of the President’s top priorities. We bloc for these two bills to receive a sec- were asked not to offer it to the bipar- We also have new evidence of sus- ond reading, and I would then object to tisan campaign finance reform bill be- pected terrorists using gun shows to any further consideration of this legis- cause it was non-germane. We were obtain weapons. On September 10, a lation at this time. asked not to offer it to the bipartisan jury in Detroit convicted Ali The ACTING PRESIDENT pro tem- Patients’ Bill of Rights because it was Boumelhem, a member of the terrorist pore. Without objection, it is so or- a fragile compromise. We were asked group Hezbollah, on charges of con- dered. The clerk will read the title of not to offer it to the Defense authoriza- spiring to smuggle guns and ammuni- the bills for the second time. tion bill because of the critical impor- tion to Lebanon. Mixed in with auto The legislative clerk read as follows: tance of moving that legislation. Fi- parts in a container bound for Leb- anon, law enforcement authorities A bill (H.R. 2722) to implement effective nally, we are barred by Senate rules measures to stop trade in conflict diamonds, from offering the amendment to the found a variety of weapons and acces- and for other purposes. fiscal year 2002 appropriations bills sories purchased at gun shows, includ- A bill (H.R. 3189) to extend the Export Ad- moving through the Senate. ing two shotguns, 750 rounds of ammu- ministration Act until April 20, 2002. By not enacting this legislation, we nition, flash suppressors for AK–47s, The ACTING PRESIDENT pro tem- have, unfortunately, overlooked one of and upper receiver for an AR–15 (the ci- pore. Objection having been heard, the the most effective tools we can give to vilian version of the M–16), and speed bills will be placed on the calendar. law enforcement to prevent violent loaders for 5.56mm ammunition. acts against our people, and that is the Ali Boumelhem and his brother, f ability to conduct background checks Mohamad, knew the law well, and they RESERVATION OF LEADER TIME every time a gun is sold at more than exploited it over the years. Because Ali is a convicted felon and therefore pro- The ACTING PRESIDENT pro tem- 4,000 gun shows held in this country hibited from purchasing firearms under pore. Under the previous order, leader- each and every year. The time has the Brady law, the confiscated weapons ship time is reserved. come for the Senate to consider this legislation. It was important before were purchased from licensed dealers f September 11, and it is even more im- at gun shows by Mohamad, who is not MORNING BUSINESS portant today. a felon. Mohamad was later acquitted Here are the facts: The Bureau of Al- of charges related to this illegal ‘‘straw The ACTING PRESIDENT pro tem- cohol, Tobacco and Firearms reported purchase.’’ According to the court pore. Under the previous order, there to Congress last year that gun shows record, he also threatened a confiden- will now be a period for the transaction are a major gun trafficking channel, tial informant during the investiga- of morning business, with Senators responsible for more than 26,000 illegal tion, saying ‘‘If we cannot get you here permitted to speak therein for up to 10 firearms sales during a single 18-month we will take care of you in Lebanon.’’ minutes each. period. Gun shows are the second lead- The investigation also revealed that The Chair recognizes the Senator ing source of illegal guns recovered in prior to November 1998, when the Na- from Rhode Island. gun trafficking investigations. The FBI tional Instant Criminal Background Mr. REED. Mr. President, I antici- and ATF tell us again and again that Check System was implemented under pate speaking a bit longer than 10 min- convicted felons, fugitives from justice, the Brady law, Ali Boumelhem did pur- utes. I ask unanimous consent to speak and other prohibited purchasers are chase several shotguns from licensed for so much time as I may consume. taking advantage of the gun show loop- dealers at gun shows by lying on the The ACTING PRESIDENT pro tem- hole to acquire firearms. required form about his felony convic- pore. Without objection, it is so or- Now, more and more evidence is tion. He knew that prior to the estab- dered. emerging that terrorists also know the lishment of the NICS, background f weaknesses in our gun laws. The Chi- checks were not required on long guns cago Tribune reported on November 18 in many States. We may never know GUN SHOW BACKGROUND CHECK that among the ruins of radical Islamic what became of those guns, and, more ACT OF 2001, S. 767 safehouses in Kabul were computer importantly in terms of the legislation Mr. REED. Mr. President, I rise printouts of Jihad training manuals I am discussing today, we will never today to inform Senators of my inten- that emphasized how easy it is to ob- know whether Boumelhem or his tion to bring before the Senate at the tain firearms, and firearms training, in brother purchased guns from private earliest possible time an important the United States. sellers at these gun shows because piece of legislation that I introduced Under the heading ‘‘How Can I Train there is no record of sale or back- last April along with 21 of my col- Myself for Jihad,’’ the manual says, ground check required for sales by un- leagues. ‘‘in other countries, for example, some licensed sellers at gun shows, then and Our bipartisan bill, S. 767, the Gun states of the United States or South now. What we do know is that this Show Background Check Act of 2001, Africa, it is perfectly legal for mem- Hezbollah member found a large selec- would apply the Brady law to all fire- bers of the public to own certain types tion of weapons there and worked the arms sales at gun shows, thereby clos- of firearms. If you live in such a coun- system to his benefit over time before ing the loophole that allows criminals try, obtain an assault rifle legally, finally getting caught. We need to to buy firearms from private sellers at preferably AK–47 or variations, learn close the gun show loophole so that we gun shows without a background how to use it properly and go and prac- prevent illegal weapons purchases by check. This legislation is identical to tice in the areas allowed for such train- terrorists. the Lautenberg amendment passed by ing.’’ The manual goes on to advise In another case, the New York Times the Senate on a bipartisan vote in the those training for holy war to join reported on November 13 that Conor 106th Congress. American gun clubs to sharpen their Claxton, a man accused of being a As long as gun violence continues to shooting skills, saying, member of the Irish Republican Army, take the lives of 10 of our young people There are many firearms courses available testified in Federal court in Fort Lau- every day, and about 30,000 Americans to the public in the USA, ranging from 1 day derdale that he and his associates had every year, we must do everything we to 2 weeks or more. These courses are good gone to south Florida gun shows to buy can to prevent convicted felons, domes- but expensive. Some of them are only meant thousands of dollars worth of hand- tic abusers, and other prohibited pur- for security personnel but generally they will teach anyone. It is also better to attend guns, rifles, and high-powered ammuni- chasers from gaining access to fire- these courses in pairs or by yourself, no tion to smuggle to Northern Ireland. arms. more. Do not make public announcements The Times also reported that on Oc- It has been my intention to bring when going on such a course. Find one, book tober 30 in Texas, Muhammad Navid this legislation to a vote since its in- your place, go there, learn, come back home Asrar, a Pakistani man, pleaded guilty

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.004 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12221 to immigration violations and illegal ‘‘waiting period’’ on gun sales that usu- In overwhelming numbers, the Amer- possession of ammunition. Authorities ally take place on weekends. But that ican people believe that background said that in the last 7 years Mr. Asrar is not the case. There is no ‘‘waiting checks should be required for all gun had bought several weapons at gun period.’’ The Brady law gives law en- show sales. The people of Colorado and shows, including handguns and rifles. forcement up to 3 business days to Oregon confirmed this last fall when According to police in Alice, Texas, a complete a background check on a pro- they approved ballot initiatives to Federal grand jury is investigating spective gun buyer. In fact, most gun close the guns show loophole. I want whether he may be linked to al Qaeda purchases are processed very quickly my colleagues to know that I will take terrorists. The Times reported that he by the NICS system. The FBI clears 72 every opportunity early next year to aroused the authorities’ suspicion percent of gun buyers within 30 sec- bring the Gun Show Background Check when he asked employees at his con- onds. Another 23 percent are cleared Act before the Senate for a vote. I urge venience store to take pictures of tall within 2 hours. That means back- my colleagues to support this legisla- buildings and mail letters for him from ground checks are completed within 2 tion so that we can finally close the Pennsylvania back to Texas. hours for 95 percent of prospective gun gun show loophole and make sure that I wrote to Attorney General John buyers. Nineteen out of twenty have a convicted felons, domestic abusers, ter- Ashcroft earlier this month to ask decision rendered in just 2 hours. rorists, and other prohibited persons do what steps the Department of Justice But what about that last 5 percent not use gun shows to purchase firearms is taking to prevent terrorist attacks that takes longer than 2 hours? Accord- without a Brady background check. involving firearms, including firearms ing to a recent GAO report, those gun I yield the floor and suggest the ab- acquired at gun shows. I look forward buyers are more than 20 times more sence of a quorum. to his reply. I also met with officials of likely to be prohibited from possessing The PRESIDING OFFICER (Mr. the Department of Justice and ATF to a weapon under Federal law. AKAKA). The clerk will call the roll. discuss the role of firearms in their For gun buyers in that last 5 percent, The legislative clerk proceeded to counterterrorism efforts. Let me say potentially disqualifying information call the roll. that although the Attorney General often requires the FBI to access court Mr. MURKOWSKI. Mr. President, I and I may not agree on many issues records—which are typically not avail- ask unanimous consent the order for when it comes to the regulation of fire- able on a weekend; indeed, typically the quorum call be dispensed with. arms, I believe we have a unique oppor- not available until at least Monday The PRESIDING OFFICER. Without tunity to work together to prevent vio- morning—to ensure that the person is objection, it is so ordered. The Senator lent acts by terrorists and others, with- not a convict felon or fugitive from jus- from Alaska is recognized. out infringing upon the constitutional tice; those records have to be checked. rights of law-abiding Americans. Not Yet other gun show bills would make f one single, solitary person who is not exceptions to the Brady law, reducing background checks for many gun show already prohibited from possessing OPEN THE HART BUILDING firearms would be denied the right to sales to 24 hours, to avoid inconven- purchase firearms by our gun show bill. iencing the people in that 5-percent Mr. MURKOWSKI. Mr. President, I I know there are those who oppose category. I believe that would be a seri- rise this morning on behalf of the resi- any new gun laws. They have a right to ous mistake. We must reject the notion dents of the Hart Building who have that opinion, but what is their pro- that it is better to allow a criminal to been dispossessed as a consequence of posed alternative? Should we ignore get gun than to ask a small group of the anthrax incident. I am going to the Jihad manuals and the cases of Ali potentially high-risk gun buyers to ex- refer to a memorandum of November 27 Boumelhem, Conor Claxton, and Mo- perience a minor inconvenience. If any- to all Senators relating to the cleanup hammad Asrar? Do any of us really thing, law enforcement needs more of the Senate buildings. The statement know what the next terrorist attack time, not less, to conduct background goes into some detail relative to proce- will look like? I believe we have a clear checks. The FBI reported last year dure. It is from the Senate Sergeant at responsibility to do everything we can that over an 18-month period, more Arms and it outlines the activity that to prevent terrorists from gaining ac- than 6,000 firearms were sold to con- the various agencies—the Centers for cess to firearms. victed felons and other prohibited buy- Disease Control, Environmental Pro- But even if we set aside the issue of ers because the three business days al- tection Agency, Federal Emergency terrorists’ access to guns, this legisla- lowed under the Brady law expired be- Management Agency, National Insti- tion is important to bring some sense fore law enforcement could provide a tute of Occupational Safety and to our gun laws and save American definitive response. These illegal fire- Health, and the FBI—are involved in in lives. The chilling reports this week of arms must then be retrieved by State this process. It indicates the Environ- an alleged plot by students at New Bed- and Federal officer, as dangerous sce- mental Protection Agency is the lead ford High School to kill large numbers nario which no one wants to see re- agency on the remediation—the clean- of their fellow students and teachers peated or multiplied. We are not pro- up—of the building. reminded us that the threat of gun vio- posing to lengthen the time for back- It further states that in addition to lence is still very real for our children ground checks, but clearly it would be the extensive environmental sampling, and families. a mistake to shorten it even further. the team has— Two years ago, after Eric Harris and Instead, we should do the right thing . . . finished remediation of common areas Dylan Klebold killed 13 people and for both law enforcement and gun buy- in the Hart Building, including the atrium, themselves at Columbine High School ers and simply apply current law to all walkways and the elevator in the Southwest with weapons purchased from a private gun show sales. No law-abiding citizen quadrant. seller at a gun show, Democrats and will be denied the right to purchase a That is the good news. Republican in the Senate joined to- firearm under my legislation. As under Post-remediation sampling results for gether to pass the Lautenberg amend- current law, if the 3 business days ex- those common areas are expected later this ment to close the gun show loophole. pire before law enforcement identifies week. The legislation I have introduced is a violation that would prohibit the gun That would have already passed. identical to that Senate-passed amend- sale, the sale can go forward. Remediation of areas in the Hart Building ment. Unlike other gun show bills, it We are not trying to end gun shows, which tested positive for trace amounts of would apply the successful Brady law and we are not trying to deny any law- anthrax is underway. EPA is in the process to every gun sold at gun shows, with- abiding American the right to purchase of detailing planning for the remediation of out exception. As under current law, a gun. What we are trying to end is the affected offices, including those of Senators law enforcement would have up to free pass we’re now giving to convicted Feingold, Baucus, Boxer, Corzine, Craig, Feinstein, Graham, Lieberman, Lugar, Mi- three business days to conduct back- felons when they can walk into a guns kulski and Specter. EPA, the Sergeant at ground checks on firearms sales. Our how, find a private dealer, buy what- Arms, and the Secretary of the Senate staff opponents will say that we’re trying to ever weapons they want, and walk out will be discussing these plans with senior shut down gun shows by imposing a without a background check. staff for the affected offices this week.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.003 pfrm04 PsN: S30PT1 S12222 CONGRESSIONAL RECORD — SENATE November 30, 2001 My understanding is those offices are seem to be able to get a conclusive de- can get this issue in front of the body in one core and Senator DASCHLE’s of- cision on when we can get in, when and get it decided. fice is the office where most of the they are going to be satisfied it is These are two critical issues. The spores were found. through—and somebody is going to issue of energy and our dependence on They indicate that: have to sign off on this. foreign oil sources is becoming more Senator Daschle’s suite is being prepared It seems to me they could simply seal and more obvious to people around the for the application of chlorine dioxide gas. off the office now that is demanding country and around the world. We are I gather that may be going on some- their attention, seal off that air-condi- just too dependent on other places, time this weekend. But: tioning or cut that off mechanically— places that are not reliable suppliers to According to the EPA’s plan, the cleanup you can do it—and let us get into our the United States. of the Daschle suite would take place this offices so we can function. It is ex- Oil from Iraq, as Senator MURKOWSKI weekend. The Dirksen Building and the traordinarily inconvenient. You can has talked about frequently, is cer- Hart-Dirksen garage will be closed .... imagine walking out of your office and tainly not a reliable supply to the That is evidently underway today. just having to leave everything there. United States. Yet we are dependent on I also note in here that: But the worst part of it is we had it. There are growing questions about Following the discovery of an anthrax let- been in that building 3 full days, oper- Saudi Arabia, about the reliability of ter addressed to Senator Leahy, environ- ating, after the envelope was opened in Saudi Arabia and the oil resources mental sampling of mail handling areas in Senator DASCHLE’s office. from there. Clearly, we should be hav- both the Russell and Dirksen Senate Office So I urge those responsible to get to- ing an energy policy and an energy Buildings was conducted on November 17th gether and, for Heavens’ sakes, find a strategy to remove ourselves from and 18th. The results of those tests were neg- ative except for trace positive results in the way to get us back into the rest of the some of the dependency, particularly in mail handling areas of the offices of Sen- building. If you have to seal Senator the Persian Gulf region, for our oil and ators Dodd and Kennedy. Those areas were TOM DASCHLE’s office, then go ahead natural gas supplies. We need to do this cleaned up on November 24th and November and do it and get it completed. energy policy, and do it now. 25th .... I yield the floor to my good friend f So clearly they have satisfied them- from Kansas. He and I are going to be HUMAN CLONING selves as to the adequacy of the clean- with you for a while. up of at least two offices, those of Sen- The PRESIDING OFFICER. Senator Mr. BROWNBACK. Mr. President, I ator DODD and Senator KENNEDY. They BROWNBACK from Kansas is recognized. wish to particularly address the issue have indicated they will reopen for f of human cloning and the part of the bill that puts forth a 6-month morato- business November 26, which is the DAY OF RECONCILIATION case. rium on human cloning. I brought up The Dirksen mailroom has been remedi- Mr. BROWNBACK. Mr. President, I before this body several times this ated, but is not yet open for business .... appreciate the time to be able to ad- week a U.S. News & World Report Sampling of the off-site mail facility is . . . dress the body on a key issue we will be cover story of this week about the first complete— taking up for a vote on Monday. Before human clone. Advanced Cell Tech- And so forth. I do that, I would like to make an an- nology out of Massachusetts is now There is Medical information. nouncement of an activity in which the saying they have cloned the first Mail: It suggested mail deliveries Presiding Officer and I have been di- human being. will start this week and we will have 5 rectly involved. On December 4, Tues- We have to address this issue now or to 6 weeks of back mail. day this next week, from 5 p.m. to 7 we are going to have to expect more The interesting thing is it doesn’t p.m., it is going to be a day of rec- stories such as this about the further say a thing about when we are likely to onciliation, a time period in the Ro- development of human cloning before get back in the Hart Building. It is my tunda for Members of both the House this body has spoken. The House has understanding the stacks within the and Senate sides. This is going to be a spoken and said they don’t want to Hart Building are separated and the time for the leaders of the country to have human clones. They put forth a area of greatest concern is still Sen- get together and pray for the Nation. It complete ban, and passed it by a large ator DASCHLE’s office. In discussing is going to be December 4, 5 p.m. to 7 bipartisan majority, a 100-vote margin. this with some people involved at a p.m., just the leaders of the House, The President said: Let’s ban human level that clearly they have access, a Senate, and administration. It will not cloning. We don’t want to create hu- suggestion has been made that, since be open to the public. I do hope Mem- mans for destructive purposes or for re- Senator DASCHLE’s office is the area of bers can attend and be a part of that productive purposes in this fashion. He concern now, they simply seal that off. process and that ceremony. It is some- has asked for banning that. This body Then the conversation went into, thing the country used to do frequently has failed to act. how do you seal it off if you have the and hasn’t for a number of years. That That is why we are putting forward air ducts and air vents? Those can be will be December 4, 5 to 7 p.m., in the at this time this request for a 6-month blocked as well. Rotunda. moratorium: Time out; hold up, so we It is very inconvenient for those of us f don’t have moratoriums such as this who are in the far stack, furthest away while this body takes time to delib- from the area of the incident. We have ISSUES IN THE LOTT AMENDMENT erate, hold the committee hearings, been advised that our offices are clean, Mr. BROWNBACK. Mr. President, I and do the things it needs to do to con- but we can’t go in. Yet they say the would like to take a few minutes to sider this issue. We are asking for a common areas now are clean. speak in morning business on the issue timeout moratorium for 6 months. In a meeting with EPA, I asked them of human cloning. On Monday, there I want to make several points and if this was really something under con- will be a vote on the issue of the Lott cite various groups that are supporting sideration for a Superfund site. They amendment that contains the energy the moratorium or even the entire ban- looked at me rather startled, as if they package that has been put forward by ning of human cloning. I want to read hadn’t thought about that, but it may Senator MURKOWSKI, and the morato- some important articles which they be. rium on human cloning, the 6-month have put forward. I will make several We have to have someone speak with moratorium on human cloning that I points over the following days, weeks, authority. Frankly, the leadership here put forward. Several colleagues have and months. is not as inconvenienced as those of us sponsored both of these amendments. One point is that research cloning who are not in the leadership because It has been put together. There will be being sponsored by Advanced Cell they have offices here in the Capitol. a cloture vote on this on Monday. Technology requires eggs to be har- But speaking for those of us who have I am asking our colleagues to support vested from a woman. Harvesting eggs been dispossessed for 5, going on 6 us being able to get this issue before is an invasive and dangerous procedure. weeks, and every indication is another the body for a final vote, to vote for Harvesting eggs from women means week or another 2 weeks, we do not cloture on the Lott amendment so we the use of super-ovulatory drugs, the

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.007 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12223 use of which has been linked to higher but there are few good reasons to develop the THE RAILROAD RETIREMENT RE- risks of ovarian cancer. The risk is one, technology, and many reasons not to develop FORM BILL, ENERGY LEGISLA- a woman can take for a variety of rea- it. TION, AND ANWR 1. SAFETY CONCERNS sons; one of them being to help have Mr. CLELAND. Mr. President, I rise children. However, women are being The most frequently stated argument today to address three issues on which against cloning is based on safety concerns. asked to incur this risk to ‘‘donate’’ we will be voting in the Senate on their eggs solely for money. Women At this point in the process of experimenting with cloning, such concerns are important. Monday: The railroad retirement re- who sell their eggs to firms like Ad- The production of Dolly required at least 276 form bill, the comprehensive energy vanced Cell Technology will likely dis- failed attempts. No one knows why most of legislation, and the Arctic National proportionately be of women who are these attempts failed and only one suc- Wildlife Refuge legislation. already somewhat disenfranchised, or ceeded. From a technical viewpoint, cloning First of all, I would like to express of lower income. In fact, it is now presents different obstacles in every species, my support for the railroad retirement known that Advanced Cell Technology since embryo implantation, development, reform bill. As thousands of Georgians paid $4,000 to each woman who ‘‘do- and gestation differ among different species. who have contacted my office in sup- nated’’ her eggs. Human cloning therefore could not become a port of this legislation will state, ac- I would say that is probably more reality without extensive human experimen- tation. Though 276 ‘‘failed’’ lambs may be ac- tion by the Senate on this legislation than a donation if you pay $4,000 for ceptable losses, the ethical implications of is long overdue. I was pleased to sup- the egg. I suggest if this doesn’t qualify any failed or only partially successful human port the cloture vote that occurred as exploitation of the disenfranchised experiments are unacceptable. yesterday to move to this legislation. for profiteering motives, I am not sure Some of their article I don’t nec- The House of Representatives passed what does. essarily agree with, but I am reading this legislation more than once by This is not just a pro-life or pro- through their arguments. overwhelming, bipartisan majorities, choice debate. It is not that at all. and the Senate version has 74 cospon- In fact, pro-choice feminist Judy 2. COMMODIFICATION sors, including my sponsorship. I think Norsigian and biologist Stuart New- Cloning would encourage the this bill should receive the same oppor- man recently commented in a Boston commodification of humans. Though indus- tunity for a vote. Not only would cur- Globe column, trialized societies commodify human labor and human lives, the biological rent and former employees benefit Because embryo cloning will compromise commodification involved in human cloning from this legislation but also the wid- women’s health, turn their eggs and wombs would be of a vastly different order. Cloning ows and widowers of former employees. into commodities, compromise their repro- would turn procreation into a manufacturing This legislation is the result of a long ductive autonomy and, with virtual cer- process, where human characteristics be- effort by both industry and labor to re- tainty, lead to the production of ‘‘experi- come added options and children become ob- form the railroad retirement system. mental’’ human beings, we are convinced jects of deliberate design. Such a process of that the line must be drawn here. Not often does Congress have the op- commodification needs to be actively op- portunity to vote on a cooperative ef- That is strong language. Experi- posed. It produces no benefits and under- fort supported by virtually everybody mental human beings, eggs and wombs mines the very basis of our established no- affected in the industry. We have that turned into commodities, and compro- tions of human individuality and dignity. opportunity now. We should take ad- mising women’s health. 3. DIVERSITY vantage of it. We would be remiss to ig- Perhaps that is why this debate is Cloning would also disrespect human diver- nore it and not support it. not a debate, as someone suggested, on sity in ethnicity and ability. Though it is, in We have heard from the small num- the issue of abortion. And perhaps that fact, not possible to produce exact copies of bers of Senators who threaten this is why we have an interesting coalition animals or people, inherent in cloning is the bill’s ability to make it to the Presi- forming of groups that are strongly op- desire to do so. The process of cloning would necessarily contribute to genetic uniformity dent’s desk. These same colleagues posed to abortion, groups that strongly by decreasing genetic variety. A society that joined me in support of a tax break support abortion, environmentalists, supported cloning as an acceptable pro- package earlier this year which cost and others. The reason for the broad creative technique would imply that human more than $1 trillion. At that time, we range of interest is that there is truly diversity is not important. Especially in a supported the tax legislation because something about this issue which multicultural nation like the United States, of the potential economic stimulus it should concern all of us. where diversity and difference are at the could provide. I say reforming the rail- I would like to read a few of the arti- root of our cultural existence, any procedure road retirement system will also pro- cles appearing in recent months for the that would reduce our acceptance of dif- vide such stimulus by freeing up funds benefit of some of my colleagues. The ferences would be dangerous. It is clear from the tensions that exist in our society that we that could be reinvested in the econ- first article is by Sophia Kolehmainen should encourage processes that increase our omy by the over 1 million active and of the Council for Responsible Genet- appreciation for diversity among individuals, retired rail workers and their families ics, a pro-choice group chaired by not working to remove differences. and the rail companies. Claire Nader. Claire is the sister of Dr. Brent Blackwelder, president of This country exploded as the rail- Ralph Nader, the Presidential can- Friends of the Earth, put forward a roads moved west. It was the physical didate. She was actively involved in strong statement in opposition to incarnation of manifest destiny. Since the Presidential campaign. This is human cloning. This is a pro-choice the time these initial courageous work- what their group had to say about group which put forward a strong ers linked this country, hundreds of human cloning. This is the article they statement in opposition to cloning for thousands of workers have followed in put forward. It is entitled ‘‘Human many of the same reasons that I have their footsteps to maintain and expand Cloning: Brave New Mistake.’’ put forward. their work. These workers and their It would be a mistake to develop and use There are other groups that are put- families would benefit from this legis- cloning as a technique to replicate human ting forward clear and convincing rea- lation. beings. It is questionable whether and what sons why we should not do cloning. For benefits would be gained from the successful I urge my colleagues to join me in creation of a cloned human being, and those reasons and many others, I ask support of this legislation and provide whether they would justify the radical im- this body to take up the bill numbered long overdue reform to the railroad re- pact cloning would have on our society. 2505 on Monday, and vote for cloture on tirement system. Cloning is not just another reproductive the moratorium prohibiting human However, this railroad retirement technology that should be made available to cloning for 6 months. There is ample bill is not the appropriate vehicle to those who choose to use it, but is an unnec- reason for us to have a moratorium for address comprehensive energy legisla- essary and dangerous departure from evolu- 6 months. tion. It is essential that we pass a com- tionary processes and social practices that With that, Mr. President, I yield the prehensive energy bill that, No. 1, pro- have developed over millions of years. As with many other developments in bio- floor. vides consumers with affordable and re- technology, some scientists and commenta- The PRESIDING OFFICER. The Sen- liable energy; No. 2, increases domestic tors are asking us to accept cloning of hu- ator from Georgia, Mr. CLELAND, is rec- energy supplies in a responsible man- mans just because it is technically possible, ognized. ner; No. 3, invests in energy efficiency

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.007 pfrm04 PsN: S30PT1 S12224 CONGRESSIONAL RECORD — SENATE November 30, 2001 and renewable energy sources; and, No. an amendment to a bill of this kind. ing this part of a strategic energy plan 4, protects the environment and public We should, and I am confident will, is as if to call crude oil a beverage; it health. give it the thorough, thoughtful, bal- is literally and figuratively hard to The inclusion of renewable energy anced debate after the first of the year. swallow. This ill-considered plan will sources is vital because I believe en- We owe it to the American people to do nothing to wean us from our depend- ergy sources, such as wind, geothermal, determine whether the measure before ence on foreign oil. solar, hydropower, and biomass, along us is a responsible and responsive solu- Drilling in the Alaskan national with energy-efficient technologies, will tion to our energy needs or simply a wildlife refuge is, in fact, a pipeline help offset fuel imports, create numer- distraction. To determine that, we do dream, a decision that will produce ous employment opportunities, and ac- not need to hold up pictures of baby just a slight uptick in our oil produc- tually enhance export markets. caribou or mother polar bears, al- tion 10 years down the road and at con- Finally, I would like to address my though I find those pictures not only siderable cost to our environment, our particular concerns about opening up attractive but moving. We only need to values, and our policies. It will create the Arctic National Wildlife Refuge to ask a very businesslike question: What far fewer jobs than dozens of smarter oil drilling. do we gain and what do we lose from alternatives which depend on American Earlier this year, my colleagues who drilling for oil in ANWR? technology and American innovation supported ANWR drilling argued that I think, when we work that question and American industry. U.S. gas prices were out of control and back dispassionately to an answer, we The much quoted study indicating therefore ANWR needed to be drilled see the error of the proposal to drill in that Arctic drilling would result in immediately. Since then, gas prices the Arctic Refuge that is before the 750,000 jobs has since been widely dis- have fallen dramatically, despite the Senate today and will be voted on on credited. Even its authors have ac- war in Afghanistan. In fact, over the Monday, procedurally at least. knowledged that its methodology was Thanksgiving holiday, I returned to I can tell you what we gain in prob- flawed. Now the agreed-upon job cre- Georgia and I routinely saw gas prices ably less than a minute. It would take ation figure is much closer to 43,000, in Georgia substantially below $1 a gal- days to catalog what we lose. I am pre- and all of those jobs are short term, as lon. As a matter of fact, I did see some pared, if necessary, if the occasion opposed to the permanent jobs that prices at 76 cents a gallon. Those prices arises, to take days to talk about and would be created through the develop- have not been seen at the pumps in catalog what we will lose as a nation if ment of other alternative, innovative more than a year. we drill in the Arctic Refuge. forms of energy, including conserva- Since September 11, the price per So let me start with what I believe, tion. barrel of oil has dropped $12 to the cur- in fairness, we would gain. This plan also does not move us one rent price of $18 per barrel. ANWR does Even if oil companies started drilling step closer to the very valuable, crit- not need to be drilled but rather pro- tomorrow in the refuge—which, of ical goal of energy independence. First, tected so generations from now can see course, is never going to happen that it will take at least a decade to bring its beauty as we see it today. quickly—even if we mistakenly adopt- to market any oil that might be dis- I will support efforts to protect ed this legislation, it would take at covered in the refuge, making it use- ANWR from drilling, and I urge my col- least 10 years for any crude to be deliv- less in the context of the current inter- leagues to do the same. ered to refineries. The U.S. Geological national crisis. Incidentally, there is a Mr. President, I yield the floor. Survey estimates there is, at best, a 6- conservative estimate from the Depart- The PRESIDING OFFICER. The Sen- month supply of economically recover- ment of the Interior during the admin- ator from Connecticut, Mr. LIEBERMAN, able oil—a yield that would be spread istration of former President Bush that is recognized. over 50 years. has since been reiterated by many peo- f What are the costs? ple, including oil industry executives, The visible damage, of course, would and that is the 10-year lead-in time. DRILLING IN ANWR be substantial: An environmental Secondly, we should realize that Mr. LIEBERMAN. Mr. President, I treasure permanently lost, hundreds of Alaskan crude oil is not shipped east of come to this Chamber—and I am species threatened, international the Rocky Mountains, meaning that pleased to do so after the excellent agreements jeopardized, oil spills fur- none of this oil is refined into home statement by my friend and colleague ther endangering the Alaskan land- heating oil that is used in the entire from Georgia—to speak about the addi- scape, and an increase in air pollution Northeast and other parts of Middle tion of the House energy bill to the and greenhouse gas emissions, among America. Further, oil supplies are not railroad retirement bill before us. This other costs. needed for the production of elec- amendment is the wrong amendment The unseen damage of drilling would tricity. Nationwide, only 2 percent of offered at the wrong time. be just as real: A nation lulled into be- electricity is generated by oil. The House energy bill, with all due lieving it has taken a step toward en- Finally, let’s realize that increasing respect, is, in my opinion, an unwise ergy independence—arguably, by its our dependence on oil as a source of en- proposal that was written really for a supporters, a large step—when, in fact, ergy is no way to wean ourselves off different time, as Senator CLELAND’s it has done no such thing; a nation be- foreign oil in the long run. The statis- remarks not only suggest but illustrate lieving it is extracting oil in an envi- tics repeated frequently make it clear quite specifically. The bill proposes to ronmentally sensitive way, when, in that we cannot drill our way into en- open the Arctic Refuge for drilling, fact, no methods have been discovered ergy independence. The United States which is bad environmental policy and that can avoid damage to this beau- uses about 25 percent of the world’s oil bad energy policy. tiful, untouched wilderness area of but possesses only 2 percent of its re- We will soon have the opportunity to America; all in all, the American peo- serves. So the way to energy independ- give our Nation’s long-term energy ple misled on a host of critical issues. ence is clearly through conservation, strategy the thoughtful consideration Finally, this plan would threaten through using less than 25 percent of that it deserves and that the American something even more precious than the world’s oil and for the development people deserve. I look forward to the what I have mentioned; that is, some of of new technologies that will provide introduction by the majority leader, our most treasured American values, genuine energy independence. soon, of his balanced, comprehensive including the fundamental American The most important step, of course, energy bill, and I look forward to de- value of conserving, conservation, con- we can take is reducing oil use in the bating it when we return after the first serving what the Good Lord has given transportation sector, which is respon- of the year. us in natural treasures in the 50 Amer- sible for over two-thirds of the oil con- We should not be attempting to pass ican States. sumed in the United States, and it is such significant legislation dealing The first claim that my colleagues climbing. We can do that with techno- with so fundamental and complicated a make is that drilling in the Arctic is a logical methods that are in reach. problem as America’s energy needs and necessary part of a balanced, long-term Many of them are in our grasp already systems in such a summary fashion as energy strategy. But, respectfully, call- in our vehicles.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.016 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12225 Arctic Refuge oil is simply not the important for my colleagues to under- rations of those individual Alaskans most secure source of energy for the stand that that figure expressly ex- who are looking for a better way of Nation. Of course, I am not suggesting cludes roads and pipelines and fails to life, looking for alternative jobs, better that those who support drilling in the define the acreage as contiguous. So health standards, and better education, refuge are in any way neglecting our the illusion of minimal impact is just and it seems to me that we ought to Nation’s energy security. None of my that; it is an imaginary landscape have some concern for their livelihood. colleagues would say that of those of painted in oil. They support opening this area. Yet us who oppose drilling in the Arctic Quite simply, we are forced to make all the emphasis seems to be on the en- Refuge. We all agree that we want to a choice between this magnificent vironmental issues associated with achieve energy independence and piece of America and its preservation ANWR. It appears in almost every pres- greater energy security. Our difference for all the generations that will follow entation we have heard on the other is about the methods and means for us as Americans and the development side of this issue that the needs of the doing so. of this refuge for oil. I have made mine, people are overlooked. At the same time, we have to realize and I believe the American people sup- This is a picture of the town hall in the irony of the present situation. Just port it. Why? Because conserving our Kaktovik. We have children on a snow as we enter an age of heightened great open spaces is fundamentally an machine and a bicycle. The point of awareness regarding potential security affirmation of our core values. these pictures is that there are real risks at our nuclear plants and our Conservation is not a Democratic or people living there. There is very little other energy production centers, many Republican value; it is a quintessential consideration given to their wishes or Members of Congress are set on pur- American value. The ethic of conserva- views. suing an alternative that, on top of its tion tells us that it is not only senti- These are the kids going to school. other liabilities, happens to be less se- mentally difficult to part with beau- You notice that they are Eskimo chil- cure than many other options. They tiful wilderness, it is practically un- dren. They, too, have hopes and aspira- are more difficult to secure than many wise because in doing so we deny future tions. other options. The fact is that the 25- generations a precious piece of our Now, if I can show you the next year-old Trans-Alaskan Pipeline itself common culture. chart, perhaps my friend who has never is vulnerable to disruption. More than Let’s remember, in the aftermath of been there can understand this area half of it is elevated and indefensible. September 11, that most Americans over here. This undeformed and de- It has already been bombed twice years have been stepping back and asking formed area consists of 1.5 million ago and shot at more recently. And the themselves what is important, what do acres of ANWR. Now I know the Sen- pipeline today is beset with accelerated we value. I believe that millions of our ator knows there are 19 million acres corrosion, erosion, and stress. fellow Americans have, among other in ANWR. So this is the only area at There is, of course, one other critical things, come to the conclusion, along- risk. But as you see over here, this is reason we oppose this plan, and that is side family and faith, that they value the 95,000 acres that are owned by the the damage it will do to the Arctic Ref- America’s great natural resources. Natives of Kaktovik, but they are pre- uge itself. We should not countenance Let me recall, finally, the words of cluded; they have no access. such a blatant broadside on one of the the great President Teddy Roosevelt, Now, I would ask the Senator if that jewels of America’s environment. This who, back in 1916, seemed to under- is a fair and equitable solution to keep threat, to me, is made even more frus- stand this issue very clearly. He wrote: any American citizen bound, if you trating by the claim that supporters of The ‘‘greatest good for the greatest num- will, by Federal restrictions that don’t drilling have made that the refuge can ber’’ applies to the number within womb of allow them to develop their own land. be opened up to oil exploration in an time, compared to which those now alive Mr. LIEBERMAN. Mr. President, in environmentally sensitive manner. The form but an insignificant fraction. Our duty responding to my friend and colleague Coastal Plain of the Arctic Refuge is to the whole, including the unborn genera- from Alaska, it is my conclusion that tions, bids us to restrain an unprincipled the Native peoples of Alaska are of known as the American Serengeti. It is present-day minority from wasting the herit- inhabited by 135 species of birds, 45 spe- age of these unborn generations. The move- mixed opinion on this question of drill- cies of land mammals. The plain ment for the conservation of wildlife and the ing for oil in the Arctic refuge. We crosses all five different echo-regions larger movement for the conservation of all have certainly heard testimony here in of the Arctic. our natural resources are essentially demo- the Senate from differing points of It is a very beautiful picture—until cratic in spirit, purpose, and method. view. I hear what the Senator said you add oil exploration. I urge my col- I could not say it more eloquently or about this group of Native people. Ob- leagues to look very carefully at the more directly than the great TR. viously, we have heard very eloquent suggestion that the result of oil drill- I thank my colleagues. I hope they testimony from representatives of the ing in the refuge would just be a small will vote this amendment down and we Gwich’in people in the area who have blemish on the grand landscape of the will return to a full and wholesome de- made a different choice and want to refuge—a little worm hole on a nice red bate of our energy policies after the preserve what they have described as apple. First, there will be a series of first of the year. part of not only the beauty of the envi- blemishes—dozens of holes that will be I thank the President and yield the ronment but part of their spiritual her- connected together by roads, pipelines, floor. itage as a source of life in that area. and other infrastructure; spidering out Mr. MURKOWSKI. Mr. President, I So I would say my judgment is that from these blemishes would be an wonder if I could enter into a colloquy opinion is mixed, and my opinion is elaborate additional infrastructure of with my friend from Connecticut. that, having made this choice, it would roads, pipelines, air strips, and proc- The Senator from Alaska would in- be a shame to have to do the damage essing plants. quire whether the Senator from Con- that oil exploration would do to the The web would almost certainly in- necticut has ever been invited up to refuge to find adequate and uplifting clude permanent facilities, such as the area by the Native people of Alaska employment for the people to which roads, airstrips, docks, staging areas, and the residents of Kaktovik who are the Senator from Alaska refers. There central processing facilities, gathering in a position where they have 95,000 ought to be a better way. centers, compressor plants, seawater acres of their own land. They have the Mr. MURKOWSKI. I would certainly injection plants, gas processing plants, village of Kaktovik, and they don’t agree there ought to be a better way. power stations, guard stations, housing even have the authority to drill for Perhaps the Senator is not aware of and maintenance facilities, utility natural gas to heat their homes. the public opinion on this issue and lines, garbage disposal sites, gravel I noted in the presentation from the how it has changed rather dramati- pits, and more. In the end, it would Senator there was no reference to the cally. make a terrible change in this refuge. interest of the people who live in the This is a poll that was done by Mr. President, the House bill, as you area. And for his edification, we have IPSOS-Reid firm, well-known, and the know, limited development in the ref- pictures of those communities and highlights of the poll indicate 95 per- uge to 2,000 acres. But it is critically those children and the hopes and aspi- cent of Americans say Federal action

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.018 pfrm04 PsN: S30PT1 S12226 CONGRESSIONAL RECORD — SENATE November 30, 2001 on energy is important, and 72 percent there, but the technology is different pine caribou herd are likely to occur say passing an energy bill is a higher currently because we use ice roads. We more rapidly and at a much greater priority than any other action Con- don’t use permanent roads. That is the scale if oil development is allowed in gress might take. Seventy-three per- technology that is developed. This pic- the refuge. The accumulative effects of cent of Americans say Congress should ture shows the kind of ice road that we reduced access to the coastal plain make the energy bill part of President do in Alaska. We do it all in the win- habitat caused by industrial develop- Bush’s stimulus plan, and 67 percent of tertime. As consequence, there is no ment would be a major adverse impact Americans say exploration of new en- gravel. Most of the pipeline construc- on the herd. Notwithstanding the pic- ergy sources in the United States, in- tion that will take place will be on the tures we have seen, that is the expert cluding Alaska’s Arctic National Wild- surface. But if you look at the compat- judgment given in a letter to our col- life Refuge, is convincing reason to ibility of what happens with the pipe- league from Illinois, Senator DURBIN. support passing an energy policy bill. line, it is very friendly to some of the Finally, most every poll I have seen I would be happy to provide this to wildlife. still shows American public opinion op- the Senator from Connecticut because I think the Senator from Connecticut posed to drilling in the refuge, even at I think it provides some reality of the perhaps has seen this. This is a picture a time when concern about energy has interests of our State in reference to of Prudhoe Bay, and these are not risen. I suppose this gets to a point development possibilities. Connecticut stuffed animals. They are real. Here is that sounds like the old line about is a developed State, in population and another one relative to what the bears economists, that if you lay them end to land patterns, and so forth. But if you are doing to the pipeline. It beats walk- end across the world, they would not had had an opportunity to visit Alaska ing in the snow. reach a conclusion. you would get some idea that we are a So a lot of these generalizations are I will present other polls. The most pretty big hunk of real estate. We have exaggerated. What is not exaggerated recent I have seen taken by the 365 million acres in our State. is there is no sensitivity to the resi- Mellman Group, based on a national When you use the phrase ‘‘this huge dents of the area. To suggest somehow survey of 1,000 U.S. voters that was area at risk,’’ I think you are being a the Gwich’ins, who are a population conducted in early October, found that little incomplete in your reference to based mostly in Canada, are opposed 57 percent of Americans did not believe what Congress has already restricted in entirely to oil and gas exploration is a drilling in the refuge would reduce our this area. The ANWR area is 19 million bit extreme. Three-quarters of the dependence on foreign oil. An inde- acres. That is the size of the State of Gwich’ins live in Canada, and the pendent poll taken by Gallup from Oc- South Carolina. If you look at the map, Gwich’ins in Canada have developed a tober 8 to 11 showed a majority of you will see where it is as far as its makeup in comparison with the entire corporation and are now drilling on Americans, 51 percent, opposed oil ex- State. But what we have done, what Gwich’in land in Canada, and the ploration in the Arctic National Wild- Congress has done I think is a pretty Gwich’ins in Alaska for the most part life Refuge. Beyond the polling, as I said earlier, good job of conservation. Out of the 19 are funded by the Sierra Club in their efforts to terminate this. I have copies to me this is a matter of national prin- million acres, they have made 81⁄2 mil- ciples, national values, national poli- lion acres into a wilderness in per- of the leases they signed. The Native petuity, and they left this other area village of Ekwok—which is adjacent to cies, what makes common sense in untouched by Congress when they set the route of the Porcupine caribou— terms of achieving energy security and aside the coastal plain specifically for they have sold their own leases for oil energy independence, energy effi- determination back in 1980 because of and gas exploration in Alaska. They ciency, which my friend from Alaska the prospects for major oil and gas dis- are looking for jobs as well. There is and I, and I presume all Members of the coveries. Now the footprint here, as more to this than meets the eye. Senate, have as common goals. you indicate in your statement, under I wonder if the Senator is aware that While public opinion is significant— the current bill, H.R. 4, is 2,000 acres. the Gwich’ins have leased their land and I am glad, according to the polls I That is not very much. But when you previously in Alaska, and they leased cited, it is on our side in the debate indicate ‘‘all this development’’, this is it specifically for oil development back —about whether to drill in the Arctic written obviously by some of the envi- in, I think it was 1984? Refuge, ultimately I think we all have ronmental groups, and they are very Mr. LIEBERMAN. Mr. President, I to make our judgment about what is much opposed to this because we have had not heard that, of course, but I am best for our country. My judgment is an infrastructure already built, 800 glad to pursue the question. What I that drilling in the Arctic Refuge for miles of pipeline. have heard is the very fervent and, I oil would not be best for our country. If the Senator from Connecticut had found, compelling testimony of the I apologize to my friend from Alaska been here and debated the issue of Gwich’in people who have come to Con- that I have a previous commitment and whether or not to open up Prudhoe gress to speak to us against drilling in I have to leave. I have a feeling we will Bay, we would be dealing with exactly the refuge. return to this debate again after the the same issues, only some that are I will say a few words in response, if first of the year and probably at more complex, because the concern I may, to what the Senator from Alas- length. I have great respect for the was: What happens when you build an ka said. Alaska is a big piece of real es- Senator from Alaska, so I look forward 800-mile pipeline across the breadth of tate. I believe those were the words to that debate. Hopefully the result Alaska? Are the animals going to cross used. Connecticut is a small piece of will be more knowledge and perhaps under it, over it, or will there be a real estate. It is more developed, al- even a bit of wisdom. fence? Will it be a hot pipeline? In per- though the last time I looked, more Mr. MURKOWSKI. I appreciate the mafrost? Will it melt, and so forth? than two-thirds of our State of Con- comments. I can assure the Senator This pipeline is owned by the three necticut and the great popular senti- from Connecticut that the Senator major oil companies in the country: ment in the State was to limit develop- from Alaska intends to bring this mat- Exxon, British Petroleum, and Phillips ment, to preserve those natural spaces. ter up to a vote, as does my Senate col- Petroleum. It is in their best interest For the same reasons, there is a na- league, Senator STEVENS. to keep it up. So these allegations that tional movement of support for pre- The frustrating thing is we are al- somehow this is unsafe—they contin- serving the great, very unusual, nat- ways put in a position of having to ually maintain it. As you know, in any ural spaces in Alaska. identify with detail and rationale the industrial activity, there is a certain I say also, from the experts I have reasons we believe the 1002 Area could amount of wear and tear, and so forth. talked to, the area involved is really be opened safely. Of course, we come But it is one of the construction won- unique. The coastal plain is the bio- from the State and we know something ders of the world. It is already in. So logical heart of the whole refuge. So it about the State and the factual infor- this infrastructure you are general- has to be given a special status. mation. What we have attempted to do izing is not going to occur. I quote from the U.S. Fish and Wild- over the years is to encourage Members You have the airport here in life Service, that the effects of disturb- to come and see for themselves so they Kaktovik. You have the residents ance and displacement of the Porcu- can make a fair evaluation, because

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.021 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12227 the action taken by the mass will de- not do this safely is basically incor- ing more in any one year than we have termine what happens in our State. rect. That we would not get oil for 10 had coming in tax revenue. It seems to put us in a position where years is totally incorrect. We will have How quickly things have changed. what is best for Alaska and what is oil within 18 months to 2 years because Just a few months ago we were still best for our constituents based on what we only have about 60 miles of pipeline. talking about the beneficence of pro- they tell us they want is somewhat To say it is a 6-month supply is not ac- jected surpluses over the course of the overridden by the dictate of those out- curate because that would presume no next 10 years and how we were going to side the state. We happen to be the other domestic production anywhere in be able to take care of a lot of the only State still under development. We the U.S., and no imports of oil. Under spending needs, including—this was came in with Hawaii, but obviously we what realistic circumstance would all prior to September 11—the increased are a State with huge resources. We other oil production be terminated in defense costs that clearly were a pri- have 56 million acres of wilderness in the United States as well as imports ority, and still be able to have substan- our State. I think somebody figured coming in? ANWR is estimated to hold tial tax cuts and preserve the integrity out how much oil there is in ANWR and between 5.6 and 16 billion barrels. If it of the Social Security trust fund sur- the comparison of whether it is a via- is half that, it will be as large as plus so it was untouched. Therefore, ble supply. They did a calculation, and Prudhoe Bay, which has supplied this that surplus was going to pay off the based on 10 billion barrels, it would Nation with 25 percent of its oil for the national debt over the course of the amount to a supply for Connecticut for last 27 years. Many of the opponents next decade. Now all of that has been knocked in 1261⁄2 years. who are going to speak against this a cocked hat because of the slowed I see my colleague has had to leave have not been up there. They have not economy, the lessened surplus pro- to take a phone call, but I am going to met with the Native people who are af- jected over the next decade, and then be answering throughout the day some fected. Our people in Alaska, as Amer- because we enacted a huge tax cut, a of his generalizations because, frankly, ican citizens, deserve that consider- tax cut that over 10 years was in excess they do not hold water, and they cer- ation. of $2 trillion. The effect of that has led tainly do not hold oil. He indicated a I yield the floor. to the present economic malaise and willingness to proceed on a very stud- The PRESIDING OFFICER. The Sen- economic projections so that now the ied and timely process he hopes will be ator from Florida is recognized. reflected in the bill we understand is administration is saying we will have f deficit spending over the next 3 years. coming down, not from the chairman of It is with a heavy heart suddenly we the Energy and Natural Resources THE ECONOMIC STIMULUS have to face these new conditions. It is Committee but, rather, from the ma- PACKAGE Mr. NELSON of Florida. I thank the all the more important to have a stim- jority leader. ulus package. Clearly, in my State, the We have been working on this legisla- Senator from Alaska and I thank the State of Florida, we are feeling the ef- tion in committee for several years. We Presiding Officer, the Senator from Ha- fects big time. We are feeling the ef- have held extensive hearings. So it is waii, who is kind enough to stay a cou- fects big time also because of Sep- not something that has not had a great ple of moments extra before I take the tember 11, the fear factor out there of chair so that I might make a couple of deal of forethought, has not had a people not wanting to get on an air- remarks. great deal of consideration. It was re- plane. I have said many times from I compliment and encourage the bi- moved, through the dictates of the ma- this desk—and I fly every weekend at partisan efforts among the leadership jority leader, from the committee of least twice—I think it is safe to fly. in meeting with the President to dis- jurisdiction. It has been taken away However, there are still a lot of people cuss how to best proceed on an eco- from the committee, and whatever bill who do not think it is safe to fly. As a nomic stimulus package. we will be seeing will not be represent- result, they will fly for business rea- The efforts of those negotiators, in ative of a bipartisan effort but strictly sons, but they will not fly for leisure the framework set out last night the result of Senator DASCHLE and I as- and vacations. sume others on their side of the aisle. whereby the top elected leadership of There are parts of this country that So we will be right back in the same both parties in this Chamber will ap- are highly economically devastated. position we were on the Finance Com- proach their efforts with the leadership One such place is the capital city of the mittee relative to the manner in which in the House of Representatives and State of the Presiding Officer, Hono- the stimulus package was submitted. It come to an agreement with regard to a lulu. Another is the largest tourist des- was submitted on one side, and the Re- stimulus package and taxes, is clearly tination in the world, Orlando, FL. publicans had no input into it. a step in the right direction. We do Another is Miami, with its robust The point is this Nation needs a pol- need a stimulus package. We need it as cruise tourism business. Another is Las icy, regardless of what poll we see, on soon as possible. We need it operative Vegas. We can look at the list of cities the issue of national energy security. by the end of this year. that as part of their economy are inex- There is virtually total support we A few days ago, the National Bureau tricably entwined with travel and tour- should have an energy bill. of Economic Research declared the ism. We can see the economic devasta- Now the merits of ANWR obviously U.S. economy has been in a recession tion. When the leisure travelers are not get us into a discussion, but we believe since March. Some have responded to flying, they are not getting into the that dramatically there has been a that announcement by saying since 6 hotels; when they are not getting into turnaround in public opinion. One of months have already transpired, and the hotels, they are not going into the the reasons that turnaround has oc- since our average recession is typically restaurants, they are not going into curred is the realization of what hap- less than 11 months, there was not a the gift shops, and they are not going pened off Iraq a few weeks ago where need to pass an economic stimulus to the tourist attractions. As a result, we were boarding a tanker. We had the package. They would say our economy we see the economic devastation. U.S. Navy inspecting the tanker for the at this point would likely recover on As wartime conditions continue, we specific purpose of determining wheth- its own. should expect to see a continued loss of er Saddam Hussein was exporting oil I disagree with those conclusions. tax revenue due to the precipitous drop above and beyond that of the guide- That is why I think we ought to move in travel and tourism and the overall lines of the U.N. They boarded this ahead with a stimulus package. That economic activity. While every State ship. The ship sank. Two American has all the more been brought to light has been affected to some degree, and sailors died. That might not have been by virtue of the announcement made travel and tourism is one of the top 3 necessary had our previous President by the administration yesterday that industries in 30 of our 50 States, clearly not vetoed a bill in 1995 that would indeed the surpluses we were counting States such as the State of the Pre- have allowed the opening of ANWR be- on projecting over the next several siding Officer and my State of Florida cause that did pass this body in 1995. years are not going to be there. In fact, have been uniquely impacted due to These are what ifs, I know, but nev- the sad news was that we were going to the significant presence of the tourism ertheless, to suggest somehow we can- be in deficit financing; that is, spend- and aviation industries in those States.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.023 pfrm04 PsN: S30PT1 S12228 CONGRESSIONAL RECORD — SENATE November 30, 2001 For example, since the end of Sep- The media reports suggest that four ing. The league has an obligation to tember, the average daily unemploy- teams are on the short list of those live up to its promises to the people of ment claims for Florida have risen by that might be dissolved. Lo and behold, Florida, and I intend to work cease- 55 percent, translating into approxi- two of the four are from Florida—the lessly to ensure they do. mately 50,000 more Floridians applying Florida Marlins and the Tampa Bay Mr. President, I yield the floor. for unemployment benefits. That is Devil Rays—and the other two that are The PRESIDING OFFICER. The Sen- mind-boggling. That is staggering. on the list of four are the Montreal ator from Alaska. The unemployment rate in Florida is Expos and the Minnesota Twins. If any Mr. MURKOWSKI. Mr. President, expected to peak at 6.1 percent next of the four teams currently under con- Senator CRAIG is here seeking recogni- summer. The latest State forecast an- sideration for elimination are dis- tion on the pending package that is be- ticipates 120,000 lost jobs by the end of solved—any of those four—the impact fore us. I yield whatever time he might June, with an additional 115,000 jobs to Florida would be significant. Doing need for that purpose. lost in the following fiscal year. And so, especially without input from the The PRESIDING OFFICER. The Sen- that is only in one State, my State of communities and the regions where the ator from Idaho. Florida. teams are based, would be a mistake. f So these statistics show that we still Baseball made promises to commu- ENERGY POLICY nities in my State that were relied need help, a tremendous amount of it. Mr. CRAIG. Mr. President, I thank upon by individuals who then built As we speak today, Florida’s State the ranking member of the Energy businesses and other assets around the Legislature is meeting in the capital Committee, the Senator from Alaska, city of Tallahassee once again, trying teams. Both Miami and Tampa Bay Mr. MURKOWSKI, for allowing me this have invested millions of dollars and to rewrite the State budget to make up time on the floor. for more than $1.3 billion in lost rev- years of sweat equity in their teams. First, I do want to say for all of us, enue, while also trying to fund rising Hotels, restaurants, concession ven- and for the record, a special thanks to unemployment claims and sky- dors, and other hospitality companies, Senator FRANK MURKOWSKI for the phe- rocketing assistance needs of those, already reeling from the September 11 nomenal leadership effort he has put the least fortunate among us. tragedy, stand to take staggering into the issue of energy and the devel- So while it is entirely possible that losses if baseball fails to honor its obli- opment of a national energy policy for we have already seen the worst of our gations. Yet the league has completely our country. He truly has been relent- economic drops—I certainly hope that shut them out of the process, keeping less over the last good number of years, is the case—the ramifications of these everyone in the dark. The owners got not just starting when the lights went losses will be felt by Florida and many together and made these decisions. out in California but long before that other States for many months and pos- They didn’t reach out to the commu- when he and I and others who serve on sibly for years to come. nities and get their input. that important committee in the Sen- There is no time to waste. We must Take, for example, eliminating the ate began to recognize that if we did pass a stimulus package as soon as pos- Minnesota Twins, which I suspect not start reinvesting in the energy in- sible. The substance of that package is would have a great deal of interest to frastructure of our country, that our clearly the very sticking point where our Senators from the State of Min- Nation would at some point be in trou- we have substantive disagreement nesota, and the Montreal Expos, that ble. among lawmakers, not only in the Sen- would have considerable interest to the We have watched, over the last dec- ate but at the other end of the hall in Senators who border that area. Let me ade, our ramping up of a dependency on the House of Representatives. There is tell you, that would be very troubling foreign oil sources. We began to see a significant disagreement between that for Florida as well because both these rapid use of the surplus of electrical body and this body. Yet there are still teams have a significant minor league energy that was out there a decade many areas on which we can agree: in- presence, and they have wonderful ago, as our country, through the dec- creasing unemployment benefits, help- spring training facilities in the State ade of the 1990s, continued to grow 3 ing the unemployed maintain their of Florida. Their dissolution would and 4 and 5 percent. No one was really health insurance, helping our States have a direct negative impact on Lee reinvesting in building new generating ride out a recession with fewer Federal County, which is Fort Myers and Palm capacity on the electrical side. spending cuts. At the same time, we Beach County, the city of West Palm As many know, starting in the mid- must provide assistance to our smaller Beach where the teams train and play. 1990s we began to encourage the Clin- and medium-sized businesses, and to Many individuals and small businesses ton administration to come forward those sectors that have been hardest in these areas depend on the teams for with a national energy policy, one that hit in these difficult times. Those are their livelihood and would be irrep- dealt with this broad range of issues. the things we can agree on, and we arably harmed if the teams folded. We called it the market basket of en- ought to come together in the stimulus Florida’s attorney general, my good ergy: the oil side, the hydrocarbon side, package and make that happen. friend, Bob Butterworth, explained the the coal side, the electrical-generation Once again, I applaud the continued problem best when he said ‘‘the people side, the new technology side. We efforts of the majority leader and the of Florida are entitled to some straight began to invest in new technologies, in minority leader, the chairman and answers about the future of major wind and in solar. We put money into ranking member of the Finance Com- league baseball in this State.’’ That is fuel cells. mittee, Senators BAUCUS and GRASS- why I strongly support Attorney Gen- Clearly, over the last good number of LEY, for sitting down again today to eral Butterworth’s decision to send in- years we have advanced many of those try to come up with an agreement. vestigative subpoenas to major league technologies, but they are not yet Once they come up with that agree- baseball. The people of Florida deserve mainstream. They do not yet fill up ment, then we can pass it. We can pass to know what was said behind closed the market basket of energy, and we it before we adjourn. We can get it into doors. I applaud the attorney general are still dominantly reliant on elec- law—the President has said he will sign for taking action so we can get to the tricity generated by coal, by nuclear, it—and we can start to take care of our bottom of this problem and take what- and by hydro. We are still dominantly weakening economy. ever additional steps are necessary, in- dependent on hydrocarbons, gases, and, f cluding legal action to keep baseball in of course, the crude that comes from Florida for many years to come. around the world. We know it is well MAJOR LEAGUE BASEBALL It is my understanding we are soon over 50 percent. We are sometimes 60- CONTRACTION going to have a hearing in the Com- percent dependent on someone some- Mr. NELSON of Florida. Mr. Presi- merce Committee, on which I have the where else in the world being willing to dent, we have another potential eco- great privilege to sit as a member, on put their product into the market for nomic devastation in the State of Flor- this particular subject. To be fore- us to buy. ida. Lo and behold, major league base- warned is to be forearmed. We want The lights began to go out in Cali- ball has voted to eliminate two teams. some answers in that committee hear- fornia about a year and a half ago. It

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.025 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12229 was a major wake-up call to this coun- it was clearly evident that the spike in and stand firm. We had been struck. We try. California being our largest State energy costs would take a full percent- had been hit. Thousands of Americans and being the largest piece of the age point off the economy and would had been killed. American economy, we knew that if cost millions of jobs in the economy as Guess what. They came out of the California faltered and failed it could business and industry offset their prof- Middle East. Guess where the largest drag the rest of the economy down itability or their costs based on an supply of oil comes from on which we with it. I am from Idaho. Our State is unbudgeted, rapid increase in the price are dependent. It comes from the Mid- part of a regional electrical grid that is of energy. dle East. dominated by the impact of California All of those scenarios played them- Americans said: Why should that be action. The State of Oregon, the State selves out. All of them are extremely so? Can’t we be more independent? of Washington, the State of Montana, important to this country. Can’t we stand alone more strongly? parts of Nevada, parts of New Mexico, The Senate began to work its will. We shouldn’t be at risk. We are at risk. and parts of Arizona were caught up in The House began to work its will. Lots We were just struck on our soil, and the California episode. I use the word of hearings were held. We were begin- thousands of Americans died. ‘‘episode’’ as it relates to California. ning to shape and write a bill in the That was the thinking, and it was As we watched California restructure Senate. FRANK MURKOWSKI, LARRY very clear. its electrical system, there was not an CRAIG, and a good many others had al- Here is an example. This is a poll economist out there nor a few reason- ready introduced a bill earlier in the taken on November 14. Ninety-five per- able observers who knew electricity year. Chairman BINGAMAN introduced a cent of Americans say Federal action who said California was doing the right bill earlier in the year. There were op- on energy is important; 72 percent of thing. In fact, most said California was posing points of view on energy—not Americans say passing a bill is a higher doing the wrong thing, and that at dramatically different but different. priority compared to other actions some time in the future California That is OK. That is fair. That is the Congress might take these days. would find itself in trouble. That is ex- way the process works. But all of them The American people have elevated actly what happened. were intended to come back to the En- the energy policy issue as high as they My State of Idaho, being in that grid, ergy Committee in the Senate. have elevated airport security, as high began to get in trouble, too. We had Out of the effort of the Murkowski- as they have elevated antiterrorism, as the least cost power. We were hydro Craig bill and the Bingaman bill, we high as they have elevated anti-bio- based. All of a sudden, our rates start- were going to produce a national en- logical warfare and anti-chemical war- ed going up. ergy policy bill for the Senate which fare. It has become a national priority. As a little side note to the rates we planned to do through the months Seventy-three percent of Americans going up, because we are a hydro-based of September and early October after say Congress should make energy a State and because over the last 2 years coming back from the August recess. part of President Bush’s stimulus pack- the Pacific Northwest has been in a The House had already worked its will age, and 67 percent of Americans say drought, we were in even worse trou- with H.R. 4. exploration for energy in the United ble. The energy issue in Idaho became The amendment we are offering States, including Alaska, should be a very strong issue as it grew across today is the House product. But it was part of a national energy policy. this country. done before September, during the Au- Post-September 11, some pollsters A new President was elected last No- gust recess. The House moved a little said, was the most significant shift in vember. While he talked about edu- more quickly than we did and built a the minds of the American people in cation and he talked about compas- reasonably comprehensive bill to solve the history of modern-day polling. I be- sionate conservatism, in one of the the problem I have just in a general lieve that is true because Americans first meetings I had with President way laid out for all of us. not only were fearful of what had hap- George W. Bush, he stood aside those We came back from the August re- pened but they began to reassess their issues and said: The most important cess. The Senate began its work in the own personal security, their families’ issue for our country at this moment Energy Committee. Of course, the security, their communities’ security, in time is the development of a na- House had already worked its will and and their States’ security, and said: We tional energy policy and a reduction of sent a very loud message to us, to the are not secure. the dependency of our country and its President, and to the American people When I go to the gas pump and I fill consumers and our economy on foreign that we could produce a comprehensive my car, I am buying oil from Saddam sources of energy, and I am going to as- bill which included some very con- Hussein. It is true—700,000 barrels of oil semble a task force headed by Vice troversial but extremely important a day come out of Iraq, 12 million a day President CHENEY. We are going to issues in it, such as exploration in of your consumer dollars. Americans make our proposals, and we are going northern Alaska as it dealt with broad- are paying $4 billion a year to an to lead on this issue. We want you to ening and developing our oil reserves. enemy so that he can further his weap- work with us so we can develop a truly All of this is at hand when September ons of mass destruction, so that he can national, comprehensive policy. 11 occurs—a dramatic and horrible fight a war against us and our friends That was the beginning of a strong time for our country. That incident in the Middle East. Yes, that is the re- effort on the part of the House, the and all of the preceding events have ality of what we are doing. We did not Senate, and the administration to clearly reshaped the thinking of the do it consciously. We fell into it. We work on the issue of energy. American people about a lot of things. fell into it because this country has There are a lot of side stories and a But very clearly it has reshaped the rapidly fallen into greater dependency good many side notes to this whole ef- thinking of the American people in on energy sources because we refuse to fort. But there is one thing that is very their attitude towards energy and en- develop our own in a comprehensive, clear in the minds of the American peo- ergy supply. balanced, and environmentally sound ple: That we are not masters of our Let me give you an example. If you way. own destiny when it comes to energy; polled on the issue of oil exploration in Somehow there was this prohibition that we are a phenomenally dependent northern Alaska before the September attitude that said, no, do not go there, economy when it comes to an ade- recess, a slight majority of the Amer- even if there is energy there. We will quate, abundant supply of energy at a ican people would have said: I don’t buy it somewhere else. The environ- reasonably low base price in that econ- think so. I don’t think we ought to do ment is so valuable you cannot go omy; when that fails or when those that. After September 11, a substantial there, whether it is offshore or onshore prices go radically up because the mar- majority—from 40-plus to 60-plus—said: across America. What it did for us was ket price drives it, our economy is in Yes, do it. Do it environmentally safe, open our soft underbelly of dependency trouble. but do it because all of a sudden the to foreign interests, and shame on us About a year ago, Alan Greenspan American people were focused as never for doing so. The American people are said the recession was beginning to ap- before on our weaknesses, our depend- now saying that, and they are saying: pear as a slowing of the economy, and ency, and our inability to stand alone Congress, change your attitude.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.028 pfrm04 PsN: S30PT1 S12230 CONGRESSIONAL RECORD — SENATE November 30, 2001 Change your mind. We want to be year—next year—sometime we will do produce more but use less. It means stronger. We want to stand on our own a national energy policy and maybe you can have a growth economy and an two feet. We want to be able to supply then we can win the vote on ANWR. abundance of energy. It isn’t all con- a reasonable amount of energy for us, What he failed to recognize was that servation, and we know it. It expands for our needs. before the crisis in September, the Federal Energy Savings Performance New technologies? Absolutely. Alter- House had already passed a bill with Contracting authority. It increases native sources? Absolutely. But we also Alaska exploration in it. It has only in- Low Income Home Energy Assistance know for the next 25 or 30 years we are creased, since September 11, the atti- Program—what we call LIHEAP—and going to be dominantly dependent on tude toward that kind of exploration. Weatherization and State Energy Pro- hydrocarbons—gas and oil—we are So because the majority leader of the gram authorization levels to meet going to be increasingly dependent on Senate shut his committee down in an needs of low-income families. Most of nuclear—and we should be; it is clean, unprecedented act and denied them the us want that and think it is appro- and we ought to be building more nu- right to mark up a bill in the appro- priate. That is a part of it. clear facilities; we can meet our clean priate bipartisan way, we are on the It expands the EPA/DOE Energy Star air standards if we build nuclear—and floor today, using a tactic that is pro- Program and directs the EPA and DOE we ought to be looking at clean coal cedural and appropriate but somewhat to determine whether Energy Star la- technology, and we have lots of coal. unprecedented when it comes to offer- bels should be extended to additional All of those things need to get done. ing up a major national energy policy. products. That is called causing and There need not be a rush to judgment. The bill we would have produced, the promoting industries out there to There simply needs to be a systematic, bill that Chairman BINGAMAN would produce instruments and equipment methodical approach for dealing with have produced had he been allowed to, and usages for consumers that consume this crisis. had he not been forced to shut down his less energy. That is called conserva- The speech I am giving today is in committee, would have been a much tion. the backdrop of declining gas prices stronger bill and a broader bill than It directs DOE to set standards for across America. I am sure there are a the H.R. 4 bill that we have on the floor appliances that are on ‘‘standby mode’’ few of our critics out there saying: Oh, today, the amendment that we are energy use. A lot of energy is being well, now look. They are rushing to going to try to attach to railroad re- used today by the new high-tech econ- judgment once again. There go those tirement because we have been given omy. We are asking—and causing by doomsdayers. no other alternative on this critically promotion and credit in the market- What they ought to be saying is, be- important issue. place—that industry, as it grows, that cause our economy has fallen almost I support railroad retirement. Rail- it should produce products that con- on its face, there is a lessening demand road retirement will be strong if rail- sume less energy. for energy. We are not using as much roads can buy reasonably inexpensive That sounds like a pretty good idea. in the airlines. We are operating at 60 diesel to fuel those big trains out It reduces light truck fuel consumption percent there. Americans are doing there. But if diesel were to go to $3 or by 5 billion gallons over the next 6 less. Industry is doing less. We all $4 a gallon, railroad retirement and the years, improves Federal fleet fuel econ- know those figures. financial stability of the railroads omy, and expands use of hybrid vehi- This week, for the first time, our would not be worth much. That is why cles. That is new technology. Those of agencies declared we were in recession. it is appropriate to put an energy bill our friends who are critics about explo- That is a large part of why we have that will keep costs to the rails down ration on the public and private seen declining usage. So if we have this and costs to the consumer down as it grounds of Americans say: You can moment of opportunity to bring more relates to their need for energy and at- lead out of this with just the new tech- energy on line and lower the costs, it tach it to this legislation. nology. We are saying: Let’s do both. is, and it can be, one of the greatest But the reason we are doing it is be- Let’s put the new technologies on line. stimuli to the economy of this country, cause the majority leader of the Senate While the old technologies are being if we do it and do it right. has denied us no other approach. In replaced, let the marketplace work and That is the scenario. That is where fact, he has denied the right of the Sen- the infrastructure that supplies these we are at this moment. And through- ate to work its will, to do what the new technologies build over time. And out all of this, something strange has American people want, what 95 percent it will, as they become viable. happened. About a month ago, the ma- of the American people say is now nec- About a year ago I went to Dearborn, jority leader of the Senate, TOM essary, what 72 percent of the Amer- MI. I drove a new Ford fuel cell electric DASCHLE, picked up the phone and ican people now say is a critical pri- car. It was a beautiful car. I had it out called Chairman BINGAMAN and said: ority that ought to be included in on the racetrack, roaring around the Shut your Energy Committee down. I President Bush’s stimulus package to track with an engineer. He said: Feel don’t want you to mark up a com- improve the state of the economy. the thrust. He didn’t say: Step on the prehensive energy bill in committee. And where is our majority leader gas, he said: Step on the pedal. There Why did he do that? I believe I know, headed? In the other direction, away was no gas in that car. It was a hydro- but he has not told me personally. It from what the American people are gen fuel cell car. I kind of slipped on was an unprecedented action. asking for, and what our President is one corner because it was raining. He In the backdrop of all of this new na- pleading with us to get done before we said: You better be careful; this car tional attention on the need for a leave town for Christmas. costs $6 million. I had never driven a $6 greater sense of strength and energy, The Senator from Texas has come to million car. His point was it was a pro- the leader of the Senate reaches out to the Chamber and wants to speak. Let totype. It is very expensive. As it his committee and shuts it down—the me mention just a few other things comes on line in the market and the very committee that would craft the about a national energy policy. market expands, the price will go down energy bill. I will tell you why he did One item in a comprehensive bill dramatically. it. Times have changed. He was behind deals with exploration in Alaska—one In order to build an assembly line to the curve. America said explore in item—and yet if you listen to the de- produce a hydrogen fuel cell car, it Alaska as a part of a comprehensive bate or you listen to the critics, you would compete in the market with policy, and he had an environmental only hear one item: Alaska. other cars, but then where would you political debt to pay, and he is going to Let me talk about a few other things. fuel it? You have to build fueling sta- pay it. The way to do that is not to H.R. 4, the amendment that we want to tions around the country. The gas sta- allow that vote on the floor, not to put on here, that we are going to be tion that we drive into today is a prod- allow that vote, when the American voting on on Monday, reauthorizes uct of 70 years of building up an indus- fervor of self-reliance is high and when Federal energy conservation programs try to supply an American need. Not the American fear of foreign depend- and directs the Federal Government to overnight do we replace that with a ency is higher. We hope that will settle take leadership in energy conservation new industry that could fuel a hydro- out, I think he thought. And next with new energy savings goals— gen fuel cell car.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.030 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12231 That is my point about working to which they were going to be able to shape than the Social Security pro- bring new technologies on line while pay benefits to railroad retirees, I gram. We have three workers per re- building the resource of the current think it is fair to say that even for an tiree in Social Security, they have one technology and the current energy. old jaded politician, I was excited worker for three retirees in railroad re- I could go on through the long list of about this bill. Into my office came all tirement. And yet these people, highly items that are in H.R. 4. The point is of these people, representing these paid, highly intelligent people came in simple. While the public’s attention major interests, very knowledgeable, to my office. They were lobbyists. I will be directed toward a single item in very intelligent people who were there don’t begin to act as if something is a major comprehensive bill, called ex- to lobby me on behalf of it. wrong with lobbying. The Constitution ploration in northern Alaska, what the I guess it took me about 5 minutes to guaranteed them the right to come rest of the world needs to hear is that figure out that something didn’t add make this pitch to me. But with a there is a lot more to talk about and a up. Let me offer a little information to straight face, they came in my office lot more to get done. set the predicate for that. and said: If you will let us take $15 bil- Let me close by saying: TOM As everybody who has not been hid- lion, we will invest it, we will raise DASCHLE, 95 percent of the American ing under a rock somewhere for the benefits, we will lower the retirement people are asking you to help us last 25 years knows, Social Security is age—and I am not talking about way produce a national energy policy. The in trouble. We have gone from 42 work- off in the sweet by and by, I am talking President and the Republican Senate ers per retiree, when we started paying about today—we will raise benefits, we and 73 percent of the American people Social Security benefits, to 3.3 workers will lower the retirement age to 60, we are saying: Mr. DASCHLE, allow it to be today per retiree. We are in sheer will cut taxes on the railroads that a part of the economic stimulus pack- panic—I am—about what we are going fund railroad retirement, and it will age. It is that important. Senator to do as baby boomers start to retire, just be great. DASCHLE: Why don’t you lead us and and we move from 3.3 workers per re- Now, I am sorry to say, I don’t know help us get there instead of blocking us tiree to 2 workers per retiree. what their pitch was to the 74 Members and trying to stop us from getting While I may be the strongest pro- of the Senate who signed on as cospon- there? ponent on the planet of taking the So- sors, but that was their pitch to me. I I yield the floor. cial Security surpluses we have and in- didn’t believe it. And I was right. I will The PRESIDING OFFICER (Mr. NEL- vesting them in real wealth to bring in explain to you why I was right. I didn’t SON of Florida). The Senator from what Einstein called the most powerful believe it because it didn’t make any Texas is recognized. force in the universe, the power of com- sense. And now that we have the rail- Mr. GRAMM. Mr. President, let me pound interest, I have never claimed, road retirement board to work out all identify myself with the excellent re- nor has anyone ever claimed, that for the numbers, let me tell you what the marks of our colleague who just spoke. the next 25 years that even the best in- plan is and then show it in terms of the We are going to have an opportunity on vestment program imaginable by the numbers and talk about the danger it Monday to determine whether or not mind of man could enable us to raise creates. we want to debate energy policy in Social Security benefits now, to lower What must have happened is—and America and whether we want to deal the retirement age for Social Security this is just theoretical, but it seems to with the problem of human cloning. benefits now, or to cut Social Security me this is what happened—our rail- That will come on the cloture vote. If taxes now. roads have had problems really since cloture is invoked on the railroad re- I have not been here forever, but I their formation because they got lots tirement bill, those two issues will be didn’t just come in on a turnip truck of assistance from the Government. sheared off and we won’t get an oppor- yesterday. I started with this knowl- They negotiated labor agreements that tunity to vote on them. If cloture is edge that in Social Security, with 3.3 didn’t make sense. They had massive not invoked, we would get an oppor- workers per retiree, we are looking at featherbedding. When they started tunity to vote yes or no on them, and dramatic increases in taxes or dra- competing against trucks in the 1930s, then they would go forward as part of matic reductions in benefits, and they were forced to reduce their labor the railroad retirement bill, if they maybe both, and that an investment force. So they had this huge number of were adopted. I identify myself with component could mean less in the way people, they have huge severance pay the excellent remarks that were given. of reductions in benefits and less in the packages, and they have very high re- I must be getting 300 or 400 calls a way of increases in taxes. But not by tirement benefits. So they got in finan- day about railroad retirement. I am any imagination that I have could I cial troubles. getting lots of letters—I am not get- have believed that we could with any I am sure that sometime last year, or ting the letters; they are coming, and I kind of investment program in Social the year before, somebody with the am going to get them some day when Security raise benefits today and cut railroad said: Look, we have over $15 we get through with this anthrax busi- taxes today knowing that in Social Se- billion of real assets in the railroad re- ness and I will be able to answer them. curity there is only 3.3 workers per re- tirement program. You need to realize It frustrates me. tiree. And yet these people come to my that railroad retirement has never I would like to try, as briefly as I can office and tell me that we can have a been self-sufficient; the Federal tax- today, to explain this issue on railroad railroad retirement investment pro- payer heavily subsidizes it, and there is retirement at least as I see it. I will try gram and that we can immediately no private retirement program that to present the facts. We are all entitled slash taxes that are going to fund rail- could run with the benefits it is paying to our own opinion, but we are not all road retirement. We can immediately out, with a trust fund as small as their entitled to our own facts. increase benefits. We can immediately trust fund. So it has never been self- The first way, the best way to start change the retirement age. sustaining; the Government has always this discussion is to explain how I be- We are in the process now of raising been a very heavy contributor to it. came involved in the debate. About a the retirement age for Social Security But what must have happened last year ago, I had representatives of the from 65 to 67. And in walk these people year, or the year before, is somebody rail labor unions and the railroads saying to me: Look, with this little in- with the railroad said: Wouldn’t it be come to see me to talk to me about a vestment program, we can today great if we could get some of that proposal they had to ‘‘reform railroad change the retirement age in railroad money out of that trust fund? We retirement.’’ retirement from 62 to 60. would like to have it. I guess other things being the same, While I wouldn’t have believed that But they could not figure out, to save I am for reform. But when it became for Social Security, let me give one their lives, how they could raid the clear that they were talking about tak- more set of facts. Today in Social Se- railroad retirement trust fund without ing the sterile assets that are now sit- curity we have 3.3 workers per retiree. the unions going absolutely crazy. So ting in a meaningless IOU in the Fed- In the railroads, we have one worker it looks to me as if some really smart eral treasury and investing it in stocks per three retirees. The railroad retire- lawyer, lobbyist, economist—some- and bonds and real wealth, out of ment program is in nine times worse body—came up with the idea that the

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.033 pfrm04 PsN: S30PT1 S12232 CONGRESSIONAL RECORD — SENATE November 30, 2001 railroads should go to the unions and How do you get a higher rate of re- been almost $40 billion under the cur- say: Look, if you will let us take $7.5 turn and end up with less money? You rent system, but now it is down below billion out of this retirement fund, we end up with less money because, before $10 billion. will let you take $7.5 billion out of it, anything is invested, before one penny Remember, they invested the money. and we will leave the Federal Govern- is invested, we are going to slash taxes They are getting 8 percent, and the ment on the hook for paying this ben- on the railroads from 16.1 percent to trust fund has gone from almost 40 to efit. 14.75 percent to 14.20 to 13.1, and we are below 10? How could that happen? Be- Now that is literally what happened. going to lower the retirement age for cause they are taking money out of the Today it is typical of the news cov- beneficiaries, we are going to cut the trust fund and giving it to the rail- erage—and this is an article in the Ro- time for vesting in pensions in half, roads and giving it to the retirees. anoke Times. I don’t know why my and we are going to raise the value of To fill up this gap, let me give a fig- clipping service got it. They are talk- many pensions. ure. The year is 2026, 25 years from ing about my opposition and Senator So what we are literally doing is this, now. Now we have passed a railroad re- DOMENICI’s and Senator NICKLES’, and if you work out the numbers. If it tirement bill that is loved. The rail- they say we argue that taxpayers doesn’t smell like a political deal to roads are for it. The retirees are for it. would be left holding the bag because you thus far, it will when I give you The unions are for it. It is wonderful. It the railroads and the unions want to the numbers. How much of the $15 bil- has this cloak that says we are going take the money out of Government lion do you think goes to the railroads? to let them invest this money, but funds and invest it. How much do you think goes to the when we look at the numbers they are It is not investing that I am against. employees? You would think, if it were not investing the money. They are It is pilferage that I am against. If they just accidentally distributed by some spending the money. were investing the money, I would be program, one might get a penny more So 2026 comes. We have a crisis in saying hallelujah choruses right here than the other and it might be a little railroad retirement. The taxpayers are before Christmas. I am for investing it. bit different. Incredibly, over the 17 guaranteeing it. What kind of payroll It is stealing it that I am against. years, $7.5 billion of this pension fund tax would there have to be on January How can I say such a thing? Let me goes to the railroads and $7.5 billion 1, 2026, to put the system back where it tell you how. It is true. It is just that goes to the union members. would have been had we never passed simple. What I have done here is taken Now what happens when suddenly this bill that has 74 cosponsors? Listen the data from the railroad retirement you have a program where, despite the to this. Hold your hat. We would have board—and I am not a member; this is fact that you are getting interest, to have a payroll tax of 153 percent of not my data; these are the facts. Ac- which you didn’t before, over the next wages on January 1, 2026, to put back cording to this line right here on the 17 years you have $15 billion less, be- the money that has been pilfered out of chart, over the next 25 years the trust cause before you have invested a railroad retirement. fund balance of railroad retirement penny, you have cut taxes and you In other words, if a person is paid would look like this under the current have raised benefits—what happens? $1,500 a month—or say they are being system. They are closing in on $25 bil- The program starts having big-time paid $1,000 a month. I guess they do not lion now, and that would rise over the problems. In fact, under their own hire anybody at $1,000 a month, but it next 25 years from about $20 billion to numbers, what happens is, while the makes the arithmetic simple. If some- about $35 billion—still a very modest tax rate on the railroads gets down to body is being paid $1,000 a month, $1,530 trust fund for a retirement program 13.1 percent by 2004, by 2025, just to would have to be put into railroad re- the size of railroad retirement. But we cover the portion for which they are tirement from the first paycheck in rejoice in it. liable under this bill, their tax rate January of 2026 to get the trust fund Now if you listen to the proponents would have to be up to 22.1 percent. balance back to where it would have of this bill, they say: Look, all we want The reason this trust fund does not been before the $15 billion was stolen. to do is take this money and invest it. go right through the floor is there is a Does anybody believe that on Janu- They assume—and I grant them the as- provision in the bill that says if the ary 1, 2026, the railroads are going to be sumption because I believe it is true trust fund is, for some reason, used up, able to pay a payroll tax of 153 percent? that over the long term they can get 8- and the reason is pilferage, that while Nobody believes that. Nobody believes percent return on investment. Cur- taxes are being cut on the railroads they are going to be able to pay the rently, they are not getting it on gov- now and raising benefits now, in the fu- payroll tax of 22.1 percent, which the ernment bonds; it is an IOU from the ture taxes on the railroads are going to bill would require them to pay. Given Government itself. It is not really an have to be raised to make up the dif- the figures of the Railroad Retirement investment. Investing it would be a ference, and that tax is capped at 22.1 Board, if we pass this bill, the amount good thing. I am for it. Wouldn’t you percent. of money going into the pension fund believe that if you were getting no re- Imagine when we have been cutting from the railroads would go down from turn now, and you had 8 percent after taxes and increasing benefits and all of 16.1 to 14.75, 14.2, 13.1, and it would be inflation, the value of the trust fund a sudden the railroad retirement pro- at 13.1 in 2019. So we are right here. would go up? I mean, what investment gram is in dire straits and the railroads The bottom is falling out of the pro- can you imagine that—if you were get- have to raise the percentage of wages gram. ting an effective zero rate of return they put into the retirement program The law starts requiring money to be today and you started getting 8 per- from 13.1 percent to 22.1 percent in 3 put back. So within a 6-year period, cent, don’t you think the investment years, what is going to happen? They this payroll tax to fund this program would grow in value? Yes, it should be are going to run to Congress and say, has jumped from 13 percent to 22 per- getting bigger. But what happens, if we we are going to go bankrupt. We are cent, and we still are nowhere near adopt this bill, is the trust fund will going to have to shut down every rail- where we would be if we had never start falling and will fall dramatically road in America. There is no way we passed this bill. In fact, as I noted, we until the emergency provisions of the can go from 13.1 percent of our wage would have to have a 153-percent pay- bill kick in and taxes are automati- bill going into this retirement program roll tax to get us back to where we cally raised on the railroads. in 2019 to 22.1 percent going into it in were if we had never done this. What literally happens—and I want 2025. That is not going to happen. Neither people to listen to these figures—under We have let the railroads come in and one of those payroll taxes are going to this bill is that the $15 billion is not in- take $7.5 billion. We have given the em- happen. What is going to happen is we vested, it is pilfered. What happens ployees $7.5 billion. The Federal Gov- are going to pass this bill and, boy, it under this bill is that over the next 17 ernment is guaranteeing this retire- is going to be loved. This is consensus. years, despite the fact that we are get- ment program now. We get out to 2022, The railroads are for it. The retirees ting a higher rate of return on the the bottom is falling out of the pro- are for it. The workers are for it. It is money, the balance actually falls by gram, and so the trust fund, which true, if one looks at the numbers they $15 billion. would have been up here, would have are taking $15 billion right out of the

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.036 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12233 trust fund. But it is a victimless crime, They will claim when you hear the we have a trust fund. Don’t use it up right? debate: But when it goes to hell, the now so we don’t have it when retirees In fact, as one of the railroad execu- taxes on the railroads are automati- need it. tives says in the paper today, ‘‘It is our cally raised. They are, but only up 22.1 Another amendment I will offer money.’’ It is their money. Well, what percent. To get back in the year 2026 would be to not let the money be taken if we were taking money out of the So- where we would be if we never let the out of the Social Security trust fund to cial Security trust fund and giving it money be taken out, there must be a pay for these new benefits. These are away? After all, probably the guy who payroll tax of 153 percent. Obviously, things that need to be addressed. gets it, it would be their money. this is not going to happen. I have come today to basically ex- The point is, however, the Federal What should we do? First of all, no- plain how it is possible to be against Government is on the hook to pay body wants to hear this stuff. When all this bill. It appears that everybody is these benefits. There is nowhere near the people came in to our offices, this for it, but it is a bad bill. It is a dan- enough in the trust fund today to pay sounded as if Christmas had come gerous bill. It is a bill that puts the the benefits. When we give this $15 bil- early, so 74 Members of the Senate taxpayer in mortal danger. It is a bill lion away, we are putting the taxpayer signed onto it and gave it a big fat that doesn’t make any sense on its on the hook and come 2019, when the kiss. Now nobody wants to know the face. I don’t know how anybody could bottom falls out, the railroads—I am problem. Nobody wants to fix it. Here have ever sold it. I am sure whoever not going to be here. I do not know how is how we can fix it and still dramati- came up with this whole deal of giving many people are going to be here when cally improve the well-being of the half of it to labor, half to management, it happens, but it is going to happen if railroad and the retirees. Take the $15 and selling it to Congress as a reform we pass this bill. When the bottom falls billion and invest it; don’t pilfer it, in- based on investment—even though the out, the railroads are going to run in vest it. Then out of the interest that trust fund goes down like a rock—I am and say, we cannot operate and pay we earn on the investment, once the sure whoever devised this stuff made these kinds of taxes. money is earned, look at strengthening millions. And they should have. Nobody is going to say, well, you the trust fund, look at these very high The problem is, this isn’t some kind should have thought about that when taxes railroads have to pay, and look of game. This is real public policy. The you participated in stealing $15 billion at benefits. But don’t go out and spend idea that we would have a bill that will out of this trust fund. They do not say the money first. Invest the money literally pillage the trust fund of rail- that. first, earn on the investment, and then road retirement funds is a startling They are going to say, well, look, we thing. This may pass. It probably will cannot let the railroads go broke. So look at using that to make the system what we are going to do is we are going safe and sound, first; and then to im- pass. I would rather it not pass on my to have the Federal Government pay prove it, second. watch. I am going to vigorously oppose I would change the program by re- an even larger share of the cost of this it. I hope my colleagues, even at this quiring, before any taxes are cut, be- retirement program. late date, will look at these things. If That is basically where we are. We fore any benefits are increased, we somebody wants to debate this, if have a proposal before us that claims it make the investment and we actually somebody wants to come over and is reforming the program. It claims it have the money in hand. I do believe present their figures, if they will let is earning interest on the assets of the there is a very real problem of what we me know, I will come over and debate railroad retirement program. But if it are doing—even if you have the money, them on this subject. However, I is earning interest, why are the assets and it is clear you don’t. haven’t seen anybody present the argu- Here is another figure: To just fund going down instead of going up? Be- ment for the other side. I believe there cause before one penny is invested, be- the new benefits promised, even with is no argument for the other side. fore one penny is earned, it slashes the the interest rate you could earn by in- What we are seeing is basically mis- amount of revenue going into the pen- vesting the money, you would have to information. The idea that we have sion fund. It vastly increased the bene- raise payroll taxes by 6.5 percent more. railroads saying, ‘‘All we want to do is fits being paid out. It would have to be 6.5 percent higher invest the trust fund,’’ when billions of The railroads are for it because they each year, for the next 25 years, just to dollars are being taken out of the trust get $7.5 billion. Railway labor is for it pay for the lower retirement age, the fund despite interest that is supposedly because they get $7.5 billion. Who pays quicker vesting and the more generous being earned, obviously something is the $7.5 billion? The taxpayer. pensions. We are not raising payroll very wrong. Let me sum up by noting what we taxes when we increase the benefit; we I urge my colleagues, I urge people ought to do. I want to state a paradox. are lowering them. that follow these issues, to look at America loves consensus. I have to say We need to fix this bill. We are going these facts, verify what I am saying when I go to my State, the people are to have cloture on it. I hope we have a and raise these issues. sweeter to me now than they have been chance to debate energy, which is a cri- People writing about this in the in a very long time. I think they are sis issue, and too human cloning, be- media, don’t be confused. I am not con- because they sense we are pulling to- cause I believe the Senate would vote cerned about investing $15 billion. That gether. We had this terrible thing hap- overwhelmingly to at least have a 6- is God’s work. I am for investing $15 pen on September 11, and I think for month pause to look at it. That would billion. What is happening, when the about 6 weeks we did have a pretty also give an opportunity to come up trust fund is projected to look like this good consensus, and I was proud of it. with a rational way to improve rail- line, and it is turning out to look like Bipartisanship and consensus are not road retirement. This is almost too this, that is not investment. That is always good things. Let me repeat it good to be true, because it is too good pillaging. That is taking money out of because it is a pretty startling state- to be true. There is no investment the trust fund. ment. Bipartisanship and consensus are scheme that has ever been derived that We need people to start asking: Why not always good things. In fact, the would let you do what is being done are we doing this when the taxpayer is Founders understood checks and bal- here. If you look at the trust fund, it is liable: If they start asking, maybe we ances. When labor and business get to- clear it is too good to be true because can fix it. gether, it is not always in the public it is not true. I hope, even at this late I appreciate the indulgence of the interest. date, even though people are signed on Chair. I yield the floor. What we have in railroad retirement to this bill, that people will look at it The PRESIDING OFFICER (Mr. is literally a proposal to pillage $15 bil- and give us a chance to fix it. WYDEN). The Senator from Alaska. lion out of the railroad retirement I am going to offer a series of amend- f trust fund over the next 17 years, give ments. One of them will say don’t cut half of it to the railroads, half to the taxes, don’t raise benefits until you ENERGY POLICY union, and the taxpayer ends up in a have made the investment and earned Mr. MURKOWSKI. Mr. President, let very deep hole in supporting railroad money to pay it from. Don’t just draw me make sure we know where we are retirement. down the trust fund, because right now on the legislation before the Senate.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.038 pfrm04 PsN: S30PT1 S12234 CONGRESSIONAL RECORD — SENATE November 30, 2001 The underlying bill is the railroad re- This has been before us for a couple of to suggesting that anyone would buy tirement bill. We have two amend- years. We introduced the bill, Senator that kind of argument, a 6-month sup- ments combined as one, one is the BREAUX and I, earlier this year. We ply. adoption of H.R. 4, the House energy have had hearings on it. On the other Clearly, what we are talking about is bill; the other issue concerns a morato- hand, we were precluded from reporting a significant discovery, somewhere be- rium on cloning for 6 months. That is it out of committee for the simple rea- tween 5.6 and 16 billion barrels a day. Senator BROWNBACK’s legislation. son that we didn’t have the votes to re- What does that mean? That means I will speak today on the energy port it out of committee. more oil, more proven oil than in issue because I think it is paramount. This morning we had some discussion Texas. Texas is always considered to be If we look at the polling information with the Senator from Connecticut, one of the major oil producing States we have, it is obvious what American Mr. LIEBERMAN. He made several argu- and it is. But from the Energy Informa- public opinion consists of. This survey ments against one portion of the bill tion Administration Reports, Texas’ was done in November by the IPSOS- and that is the opening of ANWR. I am proven reserves total 5.3 billion barrels. Reid Corporation: 95 percent of Ameri- going to be rebutting these over a pe- In 1998, the USGS estimated there was cans say any Federal action on energy riod of time because that seems to be a 95-percent chance that more than 5.7 is important; 72 percent of Americans the only way we can focus in on the billion barrels would be found in say passing an energy bill is a higher points and try to counter those points ANWR. That is a 95-percent chance. priority than any other action Con- with facts rather than fiction. That is more than the proven reserves gress could take. Mr. President, 73 per- What he failed to mention earlier in Texas today. cent of Americans say Congress should today was the rights and interests of There is a 50-percent chance of more make the energy bill part of President the Native people of Alaska who live in than 10 billion barrels, and a 5-percent Bush’s stimulus plan. Mr. President, 67 the 1002 area, the area of Kaktovik, and chance of more than 16 billion barrels. percent of Americans say expiration of their rights to develop their own land I am going to go into this a little bit new energy sources in the United in this area. As the chart behind me more because it is something that con- States, specifically ANWR, is con- shows, you can see the ownership of the stantly comes up, because it is some- vincing reason to support passing an 95,000 acres of land that is private Na- thing that was coined by the extreme energy policy bill. That is 67 percent. tive land. This is the 95,000 acres of Na- environmental community that is op- I am not particularly happy with the tive land that is within the 1002 area. posed to this: a 6-month supply. Let’s way the energy bill, H.R. 4, which we That is the area that would be leased. look at this on an average. The average introduced, is here. It is the House bill, In the manner in which this land was would be Prudhoe Bay. which did pass the House by a substan- transferred over to them, while they We have some pictures of Prudhoe tial margin. I am fearful the vote on have the land in fee simple, they have Bay here. You can see the oilfield over Monday at 5 o’clock will be somewhat no authority to drill for gas for heating there; it is the largest oilfield ever convoluted because you will be looking their own homes. These are American found in North America. It was sup- at several issues at the same time and citizens entitled to the same rights as posed to produce 10 billion barrels and Members can justify their positions on any other American citizen. They do it is almost to its 13 billionth barrel perhaps previously having voiced their live in the area. As a consequence, now. That has been supplying the Na- support for the railroad retirement their rights are certainly thwarted tion with about 20 percent of its total bill, or voiced their opposition against opening up this area where they would crude oil for the last 27 years. So it is cloning, or been a proponent or oppo- have not only access to develop those very significant. nent of the House bill. lands; they would also have access for Here is ANWR over here. There is In any event, the good news is we fi- a route out if they should wish to ini- Kaktovik, the village you have seen nally have a energy bill up for discus- tiate some exploration. the pictures of. Then there is the sion because that has not been the case It is important to recognize there is makeup of just what is ANWR. I have before, because of the majority leader’s a human element here. The human ele- told people time and time again, it is a refusal to allow us time but, more sig- ment is the residents, the kid who lives big hunk of real estate. It is 19 million nificantly, the refusal to allow the in Kaktovik. You have seen the picture acres in its entirety. The entire State committee process to work. before. Some people are under the im- of Alaska is about 365 million acres. As we have seen ordinarily around pression that this is the Serengeti of What we have done is, we have done here, the committees do their work and the Arctic. We have views of the a little comparison for you to show you report out a bill and the bill comes be- Serengeti, but that is Kaktovik, and it that ANWR and South Carolina are fore an entire Senate. In this par- is a village of less than 400 people. The about the same size. The only dif- ticular case, the energy bill was taken point is, people live there. The point is, ference in the ANWR 19 million acres, away from the committee chairman it is a very harsh environment. we set aside 8.5 million acres as a wil- and taken over basically by Senator All through the debate there is no derness in perpetuity. Those are not TOM DASCHLE. In so doing, he really mention of the rights of these people. going to be touched. Nor is the balance stripped, if you will, the responsibility It is always the environmental commu- of the refuge in the darker yellow. Only of the committee of jurisdiction. But nity that says we should not support the green area is proposed for lease as the ranking member, all I can do is opening ANWR. They come up with no sale. In the House bill before us, the express my frustration. As a con- evidence, no suggestion we cannot do it footprint is limited to 2,000 acres. That sequence, we still do not have the safely. It is just generalities. is the little square you see up in red. Democratic bill that we anticipate is Throughout this debate what I am That is the proportion. You have the coming. going to be doing is countering the pipeline already in, the 800-mile pipe- I think it is fair to say there has been comments that have already been made line. The same arguments that were a deliberate attempt to discourage the because they are the same tired argu- used in the 1970s against the pipeline taking up of the House bill before the ments you have heard previously. One and the late 1960s are prevailing today. Senate body, in the manner in which of the comments is it is only a 6-month We built that pipeline. It is one of the the majority leader has simply exerted supply. That is a ridiculous argument. construction wonders of the world. It his influence. So the members of the How anybody could even repeat it here has moved 20, 25 percent of the total committee of jurisdiction will not have is beyond me because we all know that crude oil produced in this country. had any input in the development, at could only happen if there was no oil I know there are some who have, sim- least from the Republican side, of production in the United States, it all ply, a closed mind to this issue because whatever we are likely to see next stopped, there would be no further im- they made a commitment to America’s week. portation coming into the United environmental community. It is our Some have said, what is the impor- States in ships, and we would only de- job to make a commitment to do what tance of this? Is there some reason we pend on one source. That is a bogus ar- is right for America, and what is right are rushing into this? I remind my col- gument. I am amazed that intelligent for America is to reduce our depend- leagues, we are not rushing into it. Members of this body would even stoop ence on imported oil. You do it one

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.041 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12235 way. You do it by producing more do- vote it out of committee and to have We have some other charts I want to mestically. an up-or-down vote in the committee. bring up. You can talk all you want about en- They took way the authority of Chair- This is where our imports come ergy savings, the world moves on oil. man BINGAMAN and rested it with the from—from the OPEC nations: Saudi You don’t drive out of here on hot air. majority leader. They do not have a Arabia, Iraq, Venezuela, and Nigeria. You don’t fly out of here on hot air. bill yet. Maybe they will have a bill in We are importing currently about 56 Your ships and your trains don’t move a day or two, with little or no Repub- percent of our total crude oil. I think out on hot air. They move on oil. I wish lican input. This has become a very we have another chart that shows just we had another alternative, but we do partisan issue. where we have been. In 1997, we were not. It is similar to what happened on the importing 37 percent. We were import- We can talk about coal. We can talk Finance Committee with the stimulus ing 56 percent in 2001. The Department about natural gas. We can talk about bill. We had no input, and suddenly we of Energy estimates that we will im- nuclear and we can make our points, went to markup and to voting the bill port 66 percent by the year 2010. but the world moves on oil and we are out and found it was so partisan that What does that do to our national se- going to continue moving on oil for we had to start the process again. curity? I will get into that a little some time in the future. That is why it I don’t know what the majority lead- later. Clearly, it is an issue that should is so important that we develop, here er’s objective is in delaying. But we fi- be addressed. in the United States, an additional sup- nally have this up before this body. Another issue is that of jobs. I have ply of significance. Again, I am distressed with the manner always believed that if anybody in this Don’t tell me about a 6-month supply in which we are forced to tie ourselves body could identify a singular more because, if you do, you are doing a dis- in on railroad retirement. That should important stimulus than opening up service, not only to your other col- be a separate bill. Nevertheless, we ANWR, I would certainly like to hear leagues but to yourself because you are have to take what we can get around from them. That offer is still out there kidding yourself. here. When you are a small State with because I haven’t heard from them. If there is no oil there, believe me, it a small population, you don’t have a To give us some idea specifically of is not going to be developed. There is large House membership. As you know, what would be initiated by opening no consideration for the Native peo- we only have one House Member. this Coastal Plain, the development ple’s rights. I talked about that earlier Some of the comments from my scenario can only take place on 2,000 this morning. That distresses me be- friend, Senator LIEBERMAN, this morn- acres. That is what is in the bill. That cause they are my constituents. They ing, about this being an insignificant is what is in H.R. 4. have every right as American citizens amount of oil—let me tell you that the Let’s talk a little bit about the real- to control their land and develop their estimated 10 billion barrels of oil com- ization that we are likely to get some- land, and they can’t even drill for gas ing out of ANWR would support his where between 5.6 and 16 billion barrels to heat their homes. State of Connecticut for 1261⁄2 years a day and what it is going to do for Some say we are rushing through based on the current petroleum needs jobs. This is a jobs issue. this too fast. We have had hearings. of about 216,000 barrels a day. From the First of all, the area has to be leased. Here is the history. Between the 100th standpoint of South Dakota, it would It is Federal land. There would be a and 107th Congresses—this has been provide oil for South Dakota for 460 lease proposal. The estimate of the bids around for a long time—there have years. that would come in by the major oil been over 50 bills regarding this topic, We can all throw statistics around. companies, such as ExxonMobil, Tex- there have been 60 hearings, there have Nevertheless, it is frustrating when aco, or Phillips Petroleum, and others been 5 markups. there are suggestions that this is a would be somewhere in the area of $3 Legislation authorizing the opening meaningless, insignificant potential billion. The taxpayers would obviously of ANWR passed the Senate once al- and not worth disturbing what they see a generation of funds coming from ready—in 1995. Legislation authorizing call the Serengeti of the Arctic. the private sales and going into the the opening of ANWR passed the House Let me comment a little bit on some general fund. twice already. The conference report of the claims by the Senator from Con- Let’s talk about jobs. authorizing the opening of ANWR necticut that we are rushing through There was a generalization made by passed the Congress back in 1995. It the ANWR process. As I indicated, Senator LIEBERMAN that the jobs issue passed the Senate. But, unfortunately, nothing could be further from the is insignificant because more jobs President Clinton vetoed it. If we had truth. could be created, if you will, by energy passed it in 1995, it could very well be A conference report authorizing the conservation. I wish that were true. I producing oil. opening of ANWR passed the Congress wish we could justify that with some Something that should lie in the in 1995. Reviewing the history shows statistical information to prove it, be- minds of all Americans is that we are that ANWR has not only been ad- cause we are talking about continued starting to lose lives over oil. We lost dressed by this body but it has also dependence on imported oil and how we two U.S. Navy sailors because a ship been addressed by various agencies of can relieve that. We are not talking sank while being inspected by the the Department of the Interior, the about energy as a whole. Navy. It was sailing out of Iraq filled House of Representatives. The proposal There are various studies we have with illegal oil that had gotten beyond has been before Congress for 14 years. seen over the years. According to the the oversight of the U.N. inspectors. The time to act is long overdue. The Wharton Econometrics Forecasting As- The sailors were on that vessel inspect- issue has been dragged out long enough sociation, ANWR development should ing it, and the ship sank. over the years. I think both sides know produce 735,000 jobs in all 50 States. The point is this: Had this particular what is happening to us with the vul- Why? Because we do not make valves; legislation not been vetoed by the nerability associated with our in- we don’t make insulation. These things President in 1995, I am sure we would creased dependence. are made in various States in the have had a different situation relative I have some charts that show the ac- United States. to the situation we see currently in tual increase in consumption. In a different study, the U.S. Depart- Iraq. I will talk about that a little Here is the reality of U.S. petroleum ment of Energy estimated ANWR will later. consumption from January of 1990 to produce 250,000 full-time jobs in Amer- In any event, to suggest this thing be September of 1999. You can see that we ica. Interestingly enough, this study given further study, that is a cop-out. are currently at a little over 20 million was contracted out to a Massachusetts We have been at this. We have had barrels a day in consumption. We can firm. This is something of which the hearings. I know the occupant of the conserve more. If you want a high- junior Senator from Massachusetts chair has been on the committee. This mileage car, you can buy it. Any Amer- should take note. Let me repeat—he has been under discussion. The obvious ican can choose, through their own free was here earlier; unfortunately, he is road block here is the refusal of the will, cars that are more comfortable or not in the Chamber now—a firm in his Democratic leadership to allow us to cars that can handle more people. own State has estimated at least

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.043 pfrm04 PsN: S30PT1 S12236 CONGRESSIONAL RECORD — SENATE November 30, 2001 250,000 jobs will be produced. I am not of Alaska down to either Washington Mr. MURKOWSKI. We are in morning sure he is aware of that. And this con- or California; but in Portland there is a business, and the limitation of time in tract was given to a Massachusetts large shipyard that has accommodated morning business is what? firm. these ships before—must be trans- The PRESIDING OFFICER. The limi- Opponents of drilling in ANWR try to ported by tankers by U.S.-flagged ves- tation is 10 minutes for each Senator in downplay these arguments and try to sels built in the United States. The morning business. argue the lower numbers. But regard- analysis correctly assumes that if Mr. REID. I know you just barely ex- less of whether it is 250,000 or 735,000, ANWR passes, it will include an oil ex- ceeded that. either way, it would still be a step in port ban. So there will be a provision Mr. MURKOWSKI. We were talking the right direction as far as stimulus that this oil cannot be exported. It also about 15 minutes. to the economy because where else can assumes that the ANWR oil will be Mr. REID. Yes, we did 15, that is you find another issue that will employ transported by tankers to refineries in right. somewhere between 250,000 and 735,000 Washington, California, and Hawaii. I see Senator BAUCUS, who wishes to jobs and does not cost the taxpayers The Oregon area ordinarily does not give a statement, is in the Chamber. one red cent. And it keeps the jobs here have the refining capacity. Mr. MURKOWSKI. I was under the at home rather than sending our dol- The American Petroleum Institute impression we would have plenty of op- lars overseas and importing the oil. estimates this would pump $4 billion portunity to discuss this today. Might Every single new job in this country is almost directly into the U.S. economy I inquire when we are coming in Mon- important, particularly at a time when and would create 2,000 construction day? we have a recession and a downturn. jobs in the U.S. shipbuilding industry Mr. REID. We can come in as early as As a consequence, I think it is impor- and approximately 3,000 other jobs. you would like. Two o’clock. tant to note that those who know a lot The API predicts this would compute Mr. MURKOWSKI. How about 1 about job creation wholeheartedly sup- to more than ‘‘90,000 job-years,’’ by es- o’clock? port drilling in ANWR. I am talking timating that it will take almost 5,000 Mr. REID. Would you need more time about the unions, such as the maritime employees approximately 17 years to on Monday than that? unions, the Teamsters, the seafarers, build the ships necessary to transport Mr. MURKOWSKI. One o’clock would and various others. this oil. be agreeable because what you are tell- The North Slope oil fields have al- They predict one ship must be built ing me now is basically that I am out ready significantly contributed more each year for 17 years in order to coin- of time for today. than $300 billion to the U.S. economy. cide with the schedule for retiring the Mr. REID. Yes. Right. I would be If we go through some recent an- existing tankers. happy to talk to the majority leader. I nouncements, let me tell you the sig- To me, this sounds like stimulus. It am sure we could work that out. nificance of a couple hundred thousand sounds like a stimulus for creating jobs Mr. MURKOWSKI. I am a little dis- jobs. in shipyards, many of which have been appointed because I think we are being On November 29, it was announced hurting for some time. kind of squeezed on time on this issue. 1,409 jobs may be lost. IBM announced Another issue is the alleged opposi- Mr. REID. I say to my friend from 1,000 layoffs. tion by Gwich’ins. Most of the Alaska, if you want to come in earlier On November 28, it was announced Gwich’ins, we know, live in Canada. I than 1 o’clock, I would be happy to 850 jobs may be lost. Ames Department am aware some of them live in the Arc- talk to him. We are not trying to Stores announced they will close a dis- tic village areas, with a population of squeeze out anybody. They are closing tribution center in Ohio, which jeop- roughly 117 people. They fear that the the Dirksen Building. ardized 450 jobs. caribou that they depend on for sub- Mr. MURKOWSKI. The Dirksen I could give you a list of the various sistence will be decimated. They fear Building will be closed at 4 o’clock? announced job cuts. the caribou might take a different mi- Mr. REID. Yes. Alcoa plans to lay off 6,500 employees gration drive, perhaps further from Mr. MURKOWSKI. Why don’t we and close plants. their village; that it would be harder come in at noon? Chevron announced 550 more job for them to hunt the 300 to 350 they kill Mr. REID. I will do my best. We will cuts. each year. do our best. We have presiders, and all Every day we have seen news clips to But, first, there is no evidence that that. We will come in earlier than 2 this effect. So we should be very con- the oil development—with the strict o’clock, for sure. cerned about stimulating the American controls proposed to prevent disruption Mr. MURKOWSKI. Mr. President, I economy and generating jobs in the during the June–July calving season of ask unanimous consent that I be al- private sector. And this is one of the the Arctic Porcupine herd, to reduce lowed to speak for another 10 minutes. best ways to do it. noise, and to control surface effects— Mr. BAUCUS. Reserving the right to My friend, the Senator from Oregon, will harm the herd. object. is the Presiding Officer. I know the ac- I have a picture in the Chamber that Mr. REID. I think that will be fine. I tivity associated with Alaska’s oil- shows some caribou activity in say to my friend from Alaska, we cer- fields has traditionally been important Prudhoe Bay. I will give you a com- tainly are not trying to cut off any- to Oregon, particularly to the ship- parison. Experience over the past 26 body’s right. I don’t know how much yards there. years in Prudhoe Bay, where the herd time the Senator has had, but quite a It is estimated by the American Pe- has more than tripled in size and where bit. I understand how fervently he feels troleum Institute that 19 new double- the caribou calves—— and how important this is to the State hull tankers will be needed if ANWR is The PRESIDING OFFICER. The time of Alaska, so we want to make sure opened. All U.S. ships will have to be of the Senator from Alaska in morning that you have all the time you need built at U.S. shipyards and carry the business has expired. prior to our voting at 5 o’clock on Mon- American flag. The analysis predicts Mr. MURKOWSKI. I request as much day. that the construction of these tankers time as I need. The PRESIDING OFFICER. Is there will boost the economy of America by The PRESIDING OFFICER. The Sen- objection to the request? producing more jobs in the shipyards. ator from Nevada. Mr. MURKOWSKI. My understanding They indicate that the new tankers Mr. REID. Reserving the right to ob- is, they will do their best to try to see will be needed solely because the old ject, as I announced earlier today, we that we come in at noon. I thank the North Slope tankers are being phased need to complete our business by 1:15 Chair and thank the majority whip. out by 2015 because of the double-hull today because of the problem at the The PRESIDING OFFICER. Without tanker requirements. Dirksen Building. The majority leader objection, it is so ordered. So more American jobs will be cre- wishes to give a presentation prior to Mr. MURKOWSKI. We have talked a ated because the Jones Act requires that time. So if the Senator would little bit this morning about the that the oil that is transported within maybe take another 10 minutes, would ‘‘Serengeti.’’ Let me tell you where the the United States—namely, my State that be appropriate? ‘‘Serengeti’’ of Alaska is. It is another

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.046 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12237 area where all the lakes are, and it is 11 U.S. energy production would be a war pri- economic stimulus bills. Mr. Daschle has so hardly a ‘‘Serengeti’’ because the ority. In September alone the U.S. imported far refused to negotiate on any of them, and Coastal Plain is all the same. 1.2 million barrels of oil a day. on two he won’t even allow votes. Instead he But if you look over at the naval pe- This is at a time when we were being is moving ahead with a farm bill (see below) terrorized in New York and at the Pen- the White House opposes, and a railroad re- troleum reserve, that is the area with tirement bill that is vital to no one but the all the lakes with the concentration of tagon. AFL–CIO. birds. It is not within the 1002 area. Furthermore, on the 1.2 million bar- Just yesterday Mr. Daschle announced That is another misleading argument rels of oil a day we are getting from that ‘‘I don’t know that we’ll have the oppor- that is continually thrown out. Iraq, whom we soon may be fighting— tunity’’ to call up an energy bill until next The other one is that it will take as imagine that, fighting Iraq and we are year. One might think that after September long as 10 years before ANWR oil is talking about not passing an energy 11 U.S. energy production would be a war pri- flowing. What they forget is the real- bill—the 1.2 million barrels per month ority. In September alone the U.S. imported is the highest rate of imports since be- 1.2 million barrels of oil a day from Iraq, ization that we already have a good which we soon may be fighting, the highest deal of the infrastructure. We have the fore Saddam Hussein invaded Kuwait. rate since just before Saddam Hussein in- pipeline. We only need a 70-mile line Continuing from the article: vaded Kuwait in 1990. from the coastal area into the pipeline. But Mr. Daschle is blocking a vote pre- But Mr. Daschle is blocking a vote pre- And it is suggested once the leases are cisely because he knows Alaskan oil drilling cisely because he knows Alaskan oil drilling put up for sale, they will have con- has the votes to pass; earlier this autumn he has the votes to pass; earlier this autumn he pulled the bill from Senator Jeff Bingaman’s struction activity in about 18 months. pulled the bill from Senator Jeff Bingaman’s Energy Committee when he saw it had the Energy Committee when he saw it had the But more important is the national votes. So much for the new spirit of Beltway votes. So much for the new spirit of Beltway situation. I am going to close with a cooperation. cooperation. reference to that because I think it de- We’re not so naive as to think that war We’re not so naive as to think that war serves more of a recognition because of will, or should, end partisan disagreement. will, or should, end partisan disagreement. the sensitivity of where we are inter- But what’s striking now is that Mr. Daschle But what’s striking now is that Mr. Daschle nationally. is letting his liberal Old Bulls break even the is letting his liberal Old Bulls break even the We are importing a little over a mil- agreements they’ve already made with the agreements they’ve already made with the White House. Mr. Bush shook hands weeks lion barrels a day from Saddam Hus- White House. Mr. Bush shook hands weeks ago on an Oval Office education deal with ago on an Oval Office education deal with sein. There is no question that there is Teddy Kennedy, but now we hear that Mr. Teddy Kennedy, but now we hear that Mr. a great deal of concern as a con- Kennedy wants even more spending before Kennedy wants even more spending before sequence of the relationship we have he’ll sign on. Mr. Daschle is letting Ted have he’ll sign on. Mr. Daschle is letting Ted have had with Saddam Hussein. We fought a his way. his way. war not so long ago. It is kind of inter- The same goes for the $686 billion annual The same goes for the $686 billion annual esting to reflect on some of the par- spending limit that Democrats struck with spending limit that Democrats struck with ticulars associated with what happens Mr. Bush after September 11. Mr. Bush after September 11. That’s a 7% in- crease from a year earlier (since padded by a when we become so dependent. We have I will not refer to the rest of the arti- cle, but it simply says that what we are $40 billion bipartisan addition), and Demo- heard Saddam Hussein in every speech crats made a public fanfare that Mr. Bush saying ‘‘death to America.’’ He also seeing here is a conscious effort by the had endorsed this for fear some Republicans says ‘‘death to Israel,’’ one of our majority not to allow us to have a might use it against them in next year’s greatest allies over there. Recognizing clean up-or-down vote on the issue. elections. But now Mr. Daschle is using the that he can generate a substantial cash As we wind up today’s debate, I en- issue against Mr. Bush, refusing to even dis- flow by our continued dependence, one courage my colleagues to think a little cuss an economic stimulus bill unless West wonders why it is in the national inter- bit about their obligation on these Virginia Democrat Bob Byrd gets his demand for another $15 billion in domestic spending. est of our country to allow ourselves to votes. Is it their obligation to respond to the extreme environmental commu- Mr. Byrd, a former majority leader who be become so dependent on that source. thinks of Mr. Daschle as his junior partner, I also wish to highlight an article ex- nity that has lobbied this so hard, that may even attach his wish list to the Defense cerpted from the Wall Street Journal regards this as an issue to milk with spending bill. That would force Mr. Bush to of November 28, which kind of sets, un- all the authorities, somewhat like a either veto and forfeit much needed money fortunately, the partisan setting this cash cow, and are going to continue to for defense, or sign it and swallow Mr. Byrd’s matter is in. I will read from it. It is use it? This bill covers reducing the de- megapork for Amtrak and Alaskan airport entitled ‘‘President Daschle.’’ mand, increasing the supply, and it en- subsidies. hances infrastructure and energy secu- All of this adds to the suspicion that Mr. One of the more amusing Washington Daschle is only too happy to see no stimulus themes of late has been the alleged revival of rity. bill at all. He knows the party holding the the Imperial Presidency, with George W. I ask unanimous consent that the ar- White House usually gets most of the blame Bush said to be wielding vast, unprecedented ticle in the Wall Street Journal of No- for a bad economy, so his Democrats can pad powers. Too bad no one seems to have let vember 28 be printed in the RECORD. their Senate majority next year by blaming Senate Majority Leader Tom Daschle in on There being no objection, the article Republicans. This is the same strategy that this secret. was ordered to be printed in the former Democratic leader George Mitchell Because from where we sit Mr. Daschle is RECORD, as follows: pursued in blocking a tax cut during the the politician wielding by far the most Belt- early 1990s and then blaming George H.W. PRESIDENT DASCHLE way clout, and in spectacularly partisan Bush for the recession. Mr. Mitchell’s fashion. The South Dakotan’s political strat- One of the more amusing Washington consigliere at the time? Tom Daschle. egy is obvious if cynical: He’s wrapping his themes of late has been the alleged revival of It is certainly true that Republicans have arms tight around a popular President on the Imperial Presidency, with George W. often helped Mr. Daschle’s guerrilla cam- the war and foreign policy, but on the do- Bush said to be wielding vast, unprecedented paign. Alaska’s Ted Stevens is Bob Byrd’s mestic front he’s conducting his own guer- powers. Too bad no one seems to have let bosom spending buddy; he’s pounded White rilla war against Mr. Bush, blocking the Senate Majority Leader Tom Daschle in on House budget director Mitch Daniels for dar- President’s agenda at every turn. And so far this secret. ing to speak the truth about his pork. And he’s getting away with it. Because from where we sit Mr. Daschle is GOP leader Trent Lott contributed to the Mr. Bush has asked Congress to pass three the politician wielding by far the most Belt- airline-security rout by letting his Members main items before it adjourns for the year: way clout, and in spectacularly partisan run for cover. Trade promotion authority, and energy and fashion. The South Dakotan’s political strat- The issue now is whether Mr. Bush will economic stimulus bills. Mr. Daschle has so egy is obvious if cynical: He’s wrapping his continue to let himself get pushed around. far refused to negotiate on any of them, and arms tight around a popular President on Mr. Daschle is behaving badly because he’s on two he won’t even allow votes. Instead he the war and foreign policy, but on the do- assumed the President won’t challenge him is moving ahead with a farm bill the White mestic front he’s conducting his own guer- for fear of losing bipartisan support on the House opposes, and a railroad retirement bill rilla war against Mr. Bush, blocking the war. But this makes no political sense: As that is vital to no one but the AFL–CIO. President’s agenda at every turn. And so far long as Mr. Bush’s war management is pop- Just yesterday Mr. Daschle announced he’s getting away with it. ular, Mr. Daschle isn’t about to challenge that ‘‘I don’t know that we’ll have the oppor- Mr. Bush has asked Congress to pass three him on foreign affairs. tunity’’ to call up an energy bill until next main items before it adjourns for the year: The greater risk to Mr. Bush’s popularity year. One might think that after September Trade promotion authority, and energy and and success isn’t from clashing with the

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.048 pfrm04 PsN: S30PT1 S12238 CONGRESSIONAL RECORD — SENATE November 30, 2001 Daschle Democrats over tax cuts or oil drill- Offers scholarships to train the next gen- of thousands in New York didn’t in- ing. It’s from giving the impression that on eration of energy workers. volve a single bullet. The anthrax that everything but the war, Tom Daschle might Prohibits pipelines from being placed on arrived in the office of my next door as well be President. national register of historic places. neighbor, Majority Leader DASCHLE, Mr. MURKOWSKI. I ask unanimous Mr. MURKOWSKI. Finally, I hope as had nothing to do with background consent that a summary of the bill, Members reflect on their responsi- checks. The acts of the terrorism on which is H.R. 4, be printed in the bility, they recognize that we are at America to date have not been related RECORD. war. This war may expand and extend to guns in any form. There being no objection, the sum- itself. The continued exposure based on I am not trying to deny the risks and mary was ordered to be printed in the our dependence on imported oil and the dangers that we face from weapons in RECORD, as follows: likelihood that the flow of oil imports the hands of terrorists. But I do not be- SUMMARY—H.R. 4, THE SECURING AMERICA’S might be disrupted mandates that we lieve that terrorist organizations are FUTURE ENERGY ACT OF 2001 have an energy policy and that we have buying their weapons one pistol at a H.R. 4 is the legislative portion of the it done in a timely manner. Let’s rec- time from American gun shows, nor do president’s comprehensive energy policy. It ognize the obligation that we have in I believe that closing the so-called gun aims to secure America’s energy future with voting on this. Is it a vote to respond show loophole will result in fewer guns a new national energy strategy that reduces to the demands of America’s environ- in criminal hands. energy demand, increases energy supply, and mental community, or is it a vote to do I strongly support the actions our enhances our energy infrastructure and en- what is right for America? ergy security. law officials have taken to make our We have already lost two sailors as a country a more secure place since Sep- REDUCED DEMAND consequence of our dependence on oil tember 11. And I thank them for their Reauthorizes federal energy conservation from Iraq. I don’t want to stand before programs and directs the federal government dedication and hard work. They have this body and say I told you so, but if worked so hard and in many cases to take leadership in energy conservation we don’t pass an energy bill that will with new energy savings goals. overtime, extra hours, no vacation. It Expands Federal Energy Savings Perform- reduce our dependence on Iraqi oil, we is amazing and inspiring. But while we ance Contracting authority. are doing our country a grave injus- tighten our borders and patrol our Increases Low Income Home Energy As- tice. It is contrary to the majority of country, we must remember the bal- sistance Program (LIHEAP), Weatherization public opinion in this country. Sev- ance between protecting our safety and and State Energy Program authorization enty-six percent of public say we protecting our civil rights. levels to meet needs of low-income Ameri- should be taking up and passing an en- Restricting our citizen’s access to cans. ergy bill over any other bill. That in- Expands the EPA/DOE Energy Star pro- firearms chips away rights protected gram and directs the EPA and DOE to deter- cludes the farm bill and the Railroad by the Constitution. Cloaked in the mine whether Energy Star label should ex- Retirement Act. If we ever get to the mantle of eliminating terrorism, bills tend to additional products. stimulus, I hope somebody would such as ‘‘The Gun Show Background Directs DOE to set standards for appliance search their minds and memories to see Check’’ restrict the second amendment ‘‘standby mode’’ energy use. if they can come up with a better stim- and make it more difficult for law Reduces light truck fuel consumption by 5 ulus than the proposal associated with- abiding citizens to purchase guns. billion gallons over six years. holding up ANWR. My State of Montana has a heritage Improves Federal fleet fuel economy, ex- I am somewhat disappointed we were pands use of hybrid vehicles. based on hunting and enjoying the Increases funding for DOE’s energy con- not able to have more time today. great outdoors. Gun shows are events servation and energy efficiency R&D pro- Hopefully, the leadership can work out typically held in town meeting halls on grams. coming in at noon on Monday. weekends. They are very well attended. Expands HUD programs to promote energy I thank the Chair for its courtesy. I They are big events. You would be as- efficient single and multi-family housing. yield the floor. tounded at all the people there going to INCREASED SUPPLY The PRESIDING OFFICER. The Sen- and fro and talking and exchanging in- Provides for environmentally-sensitive oil ator from Montana. formation. People come together and and gas exploration on Arctic Coastal Plain. f meet neighbors and possibly purchase a Authorizes new oil and gas R&D for uncon- rifle to be used on a hunting trip. In ventional and ultra-deepwater production. GUN SHOW BACKGROUND CHECK Royalty relief incentives for deepwater ACT addition, gun shows simply are not set up with the technology to make back- leases in the central and western gulf of Mr. BAUCUS. Mr. President, I rise to Mexico. ground checks feasible. They are tem- Streamlines administration of oil and gas comment on the words spoken earlier porary events, and they are not able to leases on Federal lands. this morning by my very good friend be connected to the NICS system for Authorizes DOE to develop accelerated and colleague from Rhode Island, Sen- background checks. It is technically Clean Coal Power Initiative. ator REED. Earlier this morning, Sen- impossible. Establishes alternative fuel vehicle and ator REED announced his intention to I appreciate deeply my colleague’s Green School Bus demonstration programs. bring S. 767, the Gun Show Background Reduces royalty rate for development of concerns, but I do not believe that gun geothermal energy and expedites leasing. Check Act, to the Senate floor this show checks begin to address terrorism Provides for regular assessment of renew- year. or gun violence. We have safeguards in able energy resources and impediments to At the outset, I deeply respect the place to keep guns from falling into the use. Senator from Rhode Island. I think he wrong hands and focusing on guns Streamlines licensing process for hydro- is a very fine public servant, one of the when talking about terrorism is miss- electric dams and encourages increased out- brightest and most dedicated with ing the bigger picture. put. whom I have had the privilege to serve. Let’s move on to getting an economic Provides new authorization for fossil, nu- I respect his concerns about guns gen- clear, hydrogen, biomass, and renewable recovery bill passed to boost our econ- R&D. erally and guns in America. I do not omy and prove to the terrorists that believe, as he stated, that instituting ENHANCED INFRASTRUCTURE ENERGY SECURITY their actions cannot stop America’s background checks at gun shows will Sets goals for reduction of U.S. dependence progress. Let’s get our aviation secu- on foreign oil and Iraqi oil imports. correct the concerns he raised. The rity bill implemented so our citizens Initiates review of existing rights-of-ways events of September 11 and the ensuing can get back up in the air with com- and federal lands for energy potential. concerns about terrorist threats have plete confidence. Right now, it is the Directs DOE to implement R&D and dem- led to a resurgence by some for stricter big picture on which we must focus. onstrate use of distributed energy resources. gun laws. But with all due respect, re- Gun shows aren’t part of the problem, Invests in new transmission infrastructure sponding to terrorism by calling for and background checks at the gun R&D program to ensure reliable electricity. Requires study of boutique fuel issues to background checks at gun shows is not shows are not part of the solution. minimize refinery bottlenecks, supply short- an effective tool for making this coun- I yield the floor and suggest the ab- ages. try safer. sence of a quorum. Initiates study of potential for renewable The hijackers of September 11 were The PRESIDING OFFICER. The transportation fuels to displace oil imports. not armed with guns. The tragic deaths clerk will call the roll.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.016 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12239 The assistant legislative clerk pro- Since the 1980s, the United States has thing such as this might happen, but ceeded to call the roll. found prevention efforts such as we appreciate the cooperation and look Mr. DASCHLE. Mr. President, I ask school-based education, perinatal pre- forward to the statements of the two unanimous consent that the order for vention programs, and screening the Senators. the quorum call be rescinded. blood supply, to prove effective. As a I ask unanimous consent that the The PRESIDING OFFICER (Mr. member of the family of nations, we Senator from New Mexico be recog- CORZINE). Without objection, it is so or- have to do a better job of promoting nized for 5 minutes, the Senator from dered. and supporting international preven- Oklahoma for 12 minutes, and that I be f tion and education programs. We were recognized to close the Senate fol- lowing those statements. WORLD AIDS DAY able to take a positive step in the for- eign operations appropriations bill, The PRESIDING OFFICER. Without Mr. DASCHLE. Mr. President, every where the Senate added significant objection, it is so ordered. December first since 1988, World AIDS funds to invest in prevention programs f Day has been a day dedicated to send- around the globe. ing messages of compassion, hope, soli- STIMULATING THE ECONOMY I am hopeful the final bill will in- darity, and understanding. Mr. DOMENICI. Mr. President, first I clude those funds, but prevention and Commemorating this day is a small say to the occupant of the chair, the treatment must go hand in hand, be- but important gesture, and it is the junior Senator from New Jersey, when cause without treatment options, at- least we can do in the face of the worst he came to the Senate he brought with risk individuals have no incentive to pandemic mankind has ever known. him a rather distinguished career in in- submit to testing or to practice preven- Yesterday, UNAIDS and the World vestment banking, as I understand it, tion. We have taken some positive Health Organization released a joint with a specialization in bonds. What- steps in treating HIV/AIDS, but much report that illustrates the enormity of ever the case may be, he brought with the AIDS pandemic. The numbers are more needs to be done. We have worked him a tremendous expertise with ref- so staggering that they are almost in- hard to invest $300 million for the U.N. erence to the American economy. comprehensible. There are now 40 mil- Global Trust Fund on AIDS, TB, and Therefore, it makes me doubly proud lion people living with AIDS. Two Malaria. While it is not nearly enough that the idea many people suggested to point seven million of them are chil- for this challenge, it is a significant me, that ends up being called a Social dren. In the past year, there have been first step. Security withholding tax holiday for 1 5 million new HIV infections and 3 mil- As that fund is developed, we have to month, is supported by the occupant of lion AIDS deaths. make sure that its resources are dedi- the chair, because I give a lot of credit Many countries are seeing their fu- cated to fighting this disease on all to somebody who comes to the Senate ture—embodied in their young people— fronts—including treatment. While from the business world, talks with the ravaged by this disease. People under there is pressure to limit the focus of business world, talks with labor union the age of 25 represent half of all new the fund to prevention alone, that people and comes up with an analysis HIV infection cases, and there are now would be a mistake—and it would limit of what will, indeed, be the best eco- 10 million people between the ages of 15 our ability to develop a comprehensive nomic stimulus of those that have been and 24 living with HIV/AIDS. Every agenda to confront this pandemic. presented that could be adopted before minute, five more young people are in- The theme designated for this year’s Christmas and be effective, regardless fected with HIV. As I have argued be- World AIDS Day is simply: ‘‘I care. Do of the arguments, during the next 4 to fore, this is not just a humanitarian you?’’ While our words today are im- 5 months. It clearly could be in full ef- issue, it is also an economic and na- portant, it is our action every day—on fect. tional security issue. all fronts, in all nations—that are the First, those who have supported me The International Labor Organiza- true measure of our caring. On this from the standpoint of business are in tion reports that by 2020, AIDS will re- day, let us recommit ourselves to fight- pretty good company. So whatever we duce national workforces so much that ing, and ultimately defeating, this hear from some, that this cannot be countries with the highest rates of scourge. implemented and that maybe it is not prevalence will see their GDPs drop by The PRESIDING OFFICER. The Sen- a good idea, let me introduce a letter as much as 20 percent in the next 20 ator from New Mexico. which I received on November 30. It is years. How can companies in these na- f a very current letter. It is from the tions afford the increased costs for in- ORDER OF PROCEDURE Business Roundtable. Now, the Busi- surance, benefits, training, and illness ness Roundtable has a lot of American in his environment? Mr. DOMENICI. Mr. President, I ask business members. This letter comes The Food and Agriculture Organiza- unanimous consent that I be permitted from the president, John Castellani— tion reports that 7 million farm work- to speak for 4 minutes as in morning good Italian American name. We had ers have died from AIDS-related causes business. not spoken in advance of my amend- since 1985, and 16 million more are ex- The PRESIDING OFFICER. Is there ment, but this letter, so everybody will pected to die in the next 20 years. How objection? know, is an unequivocal enforcement of can these countries maintain—let Mr. REID. Mr. President, I say to my the holiday as being the best economic alone increase—agricultural output two friends I have certainly no problem stimulus and the best news to provide under these circumstances? with the Senator from New Mexico confidence in the American people and The United Nations reports that in speaking for 4 minutes, and I under- that will move the economy ahead in 1999, 860,000 students in sub-Saharan stand my friend from Oklahoma wants terms of what it needs to give it a jump Africa lost their teachers to AIDS. How to speak for 10. When we came in this start in these very difficult times. can countries educate their children morning, we made an announcement We all know we ought to do two big with these losses? These numbers are a we would try to wrap up by 1:15 p.m. things. One, we ought to pay for all the disturbing snapshot of the epidemic today. We would have tried to do it military needs of our country in a very today. Tragically, they may only be sooner, but with the cloture petitions good appropriations bill. The President the tip of the iceberg. pending Senators had until 1 p.m. has told us what he needs. We need to Experts tell us that the epidemic in today to file their amendments. We do that. I understand it will be done many parts of the world is still in its wanted to really wrap this up. The next week. That is good. early stages. Globally, most people in- Dirksen Building is going to be closed The other thing we have to do is pass fected are unaware they carry the off. In fact, the process is beginning a stimulus package. We do not have to virus. Many millions more know noth- now. By 4 p.m., it will be wrapped up. pass a package that has a ‘‘stimulus’’ ing about HIV and how to protect I have a few things to do when the label on it. We have to pass one that themselves against it. If we are ever to two Senators complete their state- could be sent out to the business com- staunch the AIDS epidemic, we must ments, and then we will close the Sen- munity, to the others who know what continue—and increase—our efforts at ate. We did not ask for a unanimous is happening in the American market- prevention. consent this morning, thinking some- place, and ask them, will this actually

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.053 pfrm04 PsN: S30PT1 S12240 CONGRESSIONAL RECORD — SENATE November 30, 2001 stimulate the economy? Then we could Mr. DOMENICI. I hope those talking total discretionary spending, the say ‘‘stimulus,’’ and those who know will at least put this letter among the spending we control by appropriations, say it will stimulate. It is not a bill to things they consider in terms of the re- that fluctuates, whatever we appro- meet a commitment. ality of the impact on the American priate—was $640 billion, 9.6 percent This letter ends up saying, because consumer, the American buyer and more than the previous year, which there are some who say it will take too seller, the American worker, and the was at $584 billion. long, I say to the occupant of the chair, American employer. This says an awful The President’s budget for 2002, to implement, that some express con- lot about many employed people. I which we have just started for the fis- cern about the ability of companies as don’t know how many million Amer- cal year, was to grow at 6.1 percent. He a practical matter to implement this ican employees are represented by this agreed in a bipartisan agreement to on short notice. We have surveyed our group, but it is an awful lot. throw in a few billion more for edu- companies to see how quickly the pay- Having said that, I understand there cation, and there was an agreement roll reduction could be implemented. is some concern about the Social Secu- with the appropriators to increase that These companies, some of the Nation’s rity recipients of our country. Nobody figure to $686 billion. That calls for a largest employers, have said it would will disagree the best thing for the So- growth rate of 7.1 percent. That was be implemented in a range of a couple cial Security trust fund and the best agreed to in October. Some of our col- of days to a maximum of 3 weeks if it thing for you, Social Security recipi- leagues almost insulted the President, is kept simple. We have some leeway as ents of the future, is for this economy saying they wanted it in writing. The to how to implement that holiday. to get going sooner rather than later. President gave it in writing, in a letter I ask unanimous consent that the If we had a little time, we could debate in October, that all the appropriated letter be printed in the RECORD. and show graphs about what will hap- accounts would be at $686 billion, a There being no objection, the letter pen to Social Security if this American growth rate of 7.1 percent. was ordered to be printed in the economy stays in the tank for another With the tragedy of September the 11th, the President agreed we had a bi- RECORD, as follows: year or for 2 years and what will hap- pen if it comes out in 6 months. If we partisan agreement to increase that THE BUSINESS ROUNDTABLE, level. Originally, it was $20 billion, and Washington, DC, November 30, 2001. can get it out quick and get it growing, at the last day that was doubled, from Hon. PETE V. DOMENICI, every Social Security recipient of Ranking Member, Senate Budget Committee, today and those planning on it in the $20 billion to $40 billion, due to re- U.S. Senate, Washington, DC. future will know the best thing we can quests in New York, New Jersey, and DEAR SENATOR DOMENICI: The Business do is pass the stimulus package. That other places. There is, again, bipar- Roundtable believes that an economic stim- will start the economy. There is no tisan agreement that was adopted ulus is needed, and needed now. Moreover, we harm to the Social Security trust fund. unanimously in the Senate. believe the stimulus should focus on enhanc- We are already using it because we Adding the $40 billion on top of the ing consumer confidence and spending; that are in the red. All we are saying is, as $686 billion, it is $726 billion, an in- broad-based and significant incentives are soon as we take it out, we replenish it, crease of 13.3 percent. That is where we needed to spur business demand; and both day by day, hour by hour, and nothing are now. That is a lot. It is several should be of a size and duration to change times the rate of growth of inflation. spending behavior in the near term. can happen to the fund. If you want to To that end, the members of The Business talk about protecting it, that is all But the $40 billion is extraordinary, so Roundtable believe two measures would well and good, but the reality is the maybe we should not count that, but work quickly and effectively to improve cash best way to protect it is to do it and we have a lot of other things hap- flow and stimulate demand and productivity. pass this stimulus. That will help the pening. We still need budgets. Senator First, we recommend an immediate reduc- Social Security recipients the most. DOMENICI, former chairman of the tion in the payroll tax. This action, more I yield the floor. Budget Committee, used to hammer on than any other proposal, will put money into The PRESIDING OFFICER. The Sen- fiscal discipline, and we are acting as if the hands of those who need it and will spend ator from Oklahoma. fiscal discipline does not matter. it. A payroll tax reduction diversifies the f A few other things have happened. stimulus on both the demand and supply We have passed an airline assistance or sides. It also focuses assistance on lower-in- RAILROAD RETIREMENT come individuals. Reducing both the em- the airline bailout bill. The cost of ployee and employer portions will reduce Mr. NICKLES. Mr. President, I con- that, most people believe, is $15 billion. pressure on labor costs, and give both em- gratulate and compliment my friend It is not really. There was a $5 billion ployers and employees more cash as soon as and colleague, Senator DOMENICI, for cash outlay and $10 billion in loan the next payday, thus relieving financial his statement and also for his leader- guarantees. Hopefully, the $10 billion pressures on both. Your proposal for a with- ship and his innovation. He has come in loan guarantees will not cost that holding tax ‘‘holiday’’ certainly meets these up with an idea to help stimulate the much; it will be significant cost. criteria. economy that is far superior than some We have also passed a victim’s com- We continue to believe that enhancing of the proposals being discussed, one of pensation fund. I know the occupant of business demand is essential for achieving a the care has to be familiar with this quick recovery. Again, the business incen- which is to give $300 per individual or tives should be broad-based and of such a $600 per family if they did not get a because he has constituents involved. magnitude that they change business behav- check last year. There is a lot of liability dealing with ior by accelerating spending that is now Last year, we gave checks to people the victim’s compensation funds. We being deferred. We also believe that any who paid taxes. Some people were say- passed that as part of the airline bill. I business stimulus must deal with existing ing, ‘‘Give money to people that did opposed it because I didn’t think we tax provisions, such as Alternative Minimum not pay taxes,’’ notwithstanding the had enough time to consider how to Tax, which would act to negate the impact of fact they were eligible for the earned- compensate victims from the Sep- the stimulus. income tax credit, which, in many tember 11 disaster. A lot of people were We also understand there has been some killed and a lot of people injured. How concern expressed about the ability of com- cases, was worth 3 or 4 times whatever panies, as a practical matter, to implement payroll taxes they might have paid. do we compensate them? We created a a payroll tax reduction on short notice. We The position of the Senator from New special master. The President ap- have surveyed our companies to see how Mexico is far superior. pointed a special master. I compliment quickly a payroll tax reduction can be imple- I happen to be one concerned about him. The special master has one of the mented. These companies, some of the na- deficits and I am concerned about run- toughest jobs anywhere. I compliment tion’s largest employers, have said it could away spending. I contacted some indi- him. He is doing it pro bono. It is a big be implemented in a range of a couple of viduals and said, we have agreed to 13.3 challenge. He will try to meet dead- days to a maximum of three weeks if it is percent spending growth for next year, lines, in months, to come up with a fair kept simple, and we have some leeway how to implement the tax holiday. but many others say that is not near and equitable compensation system for If we can provide further information, enough; we need to do more. So I will victims. It could cost the Government please do not hesitate to contact me. state a few facts. billions of dollars. No one has a clue Sincerely, Last year’s spending—the spending how much that will cost. That is al- JOHN J. CASTELLANI. we completed in September of 2001, ready the law of the land.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.055 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12241 We don’t know how much the insur- There is expansion of unemployment package to it—or at one time it was ance companies are going to pay. Hope- benefits, which I am sure we will prob- over, it was $60 billion in spending and fully, most of the money comes from ably agree to a significant expansion of $19 billion in tax cuts. insurance proceeds. Again, that is out unemployment benefits, probably a 50- Then we have the farm bill, and I see there. It is a liability. And there are percent expansion in time eligibility, the farm bill will cost billions and bil- other items. Many that we are consid- going from 26 weeks to an additional 13 lions of dollars. I think that is grossly ering will be resolved in the next cou- weeks. I expect that will be agreed irresponsible. I am looking at the ple of weeks. One is the railroad retire- upon. farmers in my State. How much are ment bill, with an outlay of $15 billion. Most of this is $66.8 billion, with the they making? I have farmers in my We will write a check. compensation of $19 billion; the rest of State making millions of dollars a year I am embarrassed for the House, say- it is spending. There is over $2 in from taxpayers. These are millionaires ing this doesn’t count, this check we spending for every dollar in tax de- in the first place. I love them, but I will write does not count; we will not crease. So I am adding that spending don’t think we should have to be writ- score it. I can’t remember ever doing under the spending we have already ing them a check—just as I don’t think that, certainly not to the tune of bil- had. If that were included, and hope- we have to write major investment lions of dollars. It is shameful and dis- fully most will not be, we have a lot of companies a $4,800 tax credit for every graceful, and it should not happen. I spending in that capacity. employee they employ in New York will work to see it does not happen. I We have the farm bill. If our col- City. I want to help New York City, but predict I will be successful. leagues have not looked at the farm what are we doing giving them almost If it passes, we might as well throw bill—and I heard there may be a mo- a $5,000 tax credit? If they have 100 em- away the budget. If we are going to put tion to move to the farm bill before too ployees, we are going to give them a in language, ‘‘this doesn’t count to- long—I hope they will look at it. I am $500,000 tax credit? For what? Let’s ward the budget; ignore it; don’t count from a farm State. I am embarrassed help people who need help. it or score it,’’ then why have a budget? for the farm bill that came out of the I think it is running away. I think There is no sense whatever. The cost of Agriculture Committee. I am embar- spending has gotten out of hand. I that bill is $15 billion. rassed for it. I was embarrassed when think we are going to have to draw the Also, when Senator DOMENICI was we had the stimulus package and I no- line. I think we are going to have to speaking, he came up with an idea for ticed there were several billion dollars show some fiscal discipline. We have a payroll tax holiday. His idea was not for agriculture for subsidies for bison not been showing it lately. written by lobbyists. The railroad re- and cranberries and items that we President Bush has actually drawn tirement bill was not written by Con- never had in an agricultural program, the line and said: I am going to stay gressmen or Senators. I cannot remem- and now we are looking at the farm bill with this amount. He said: I will come ber in my 21 years in the Senate ever and talking about subsidies in the bil- back to Congress and work with Gov- having a bill totally written by special lions of dollars. We are talking about ernor Ridge and make additional sub- interest groups that cost billions of raising the price of milk 26 cents a gal- missions when we really know exactly dollars that nobody even touched. No- lon for everybody in America. what we need and we will do that next body had a hearing. There was no hear- This farm bill goes the wrong way year. He has the votes to support him ing in the House or in the Senate. and it spends a whole lot of money. I in the Senate. I hope we do not say we I have been working on pensions for a don’t know if people are trying to har- will try to run over him and come up long time in my own company, and vest the Government or what, but the with a higher amount and defy him to when I was in the State senate, I was net result of that farm bill is people veto it. He said he will veto it. We have on the retirement committee. My first are going to make more money from the votes to sustain the veto so let’s trip to Washington, DC, was on ERISA, not waste our time. Let’s act together, Employee Retirement and Income Se- the Government than they will ever start acting as if we have a budget and curity Act. I know a bit about pen- make from agriculture. The sad point not pass bills that say this $15 billion sions. Nobody is looking at it. I will is 10 percent of the farmers are going doesn’t count. That would be the look at it a lot more since we will be to get over half the benefit. We are on that next week. going to have to discuss that for a height of fiscal irresponsibility. My point today is some are willing to while. We are going to have to change I urge my colleagues, let’s start commit another $15 billion. All of this it. The Senate is the place to change it. showing a little fiscal discipline. Let’s adds to the deficit, all of this adds to I don’t care if we do it this year or do start totaling up what we have done so the publicly held debt. Some people it next year—that is the majority lead- far on the spending side and make sure have suggested there is no cost in- er’s call—but we are going to spend a we do not build ourselves into such a volved. We are moving from govern- little time on that bill. It needs to be fiscal posture that the new base of ment to government debt, or govern- improved. It costs a lot of money and spending is such we will never be able ment IOU in a fund that does not cost that is the essence of my comments to climb back into a surplus. us an outlay, real outlay. Now we are today. I notice my friend and colleague from moving it to publicly held debt where Who writes the budget? Where is the Nevada is here. Let me conclude with a the Federal Government will have to Budget Committee chairman? Where is couple of requests. write a check, where taxpayers have to the fiscal discipline? We are now in the CONFIRMATIONS pay $1 billion in interest expense for red. Granted, we had bipartisan agree- I have had the pleasure of working the $10 billion. ment to go to increases of spending to with the Senator from Nevada for 20- That is not the only spending pro- 7.1 percent. Then we all agreed, let’s some years. I think the world of him. gram we have going. We would have have another $40 billion to deal with He and I are both engaged in trying to the stimulus package. Senator BAUCUS the disaster. But there are lots of other help people get confirmed. I urge my had a bill from the Finance Com- proposals. I didn’t mention Senator colleague, in every way I possibly can, mittee. There was over $2 in spending BYRD had another proposal for another to help us confirm Gene Scalia. Gene for every $1 of tax cuts. I will have this $15 billion for homeland security. I Scalia, who happens to be the son of printed in the RECORD so people can see think a lot of that can be financed out Justice Scalia, was nominated by it. of the $20 billion. We have not even fin- President Bush in April to be Solicitor There were tax cuts of $19.4 billion, ished spending the second $20 billion of for the Department of Labor—Sec- but the rest of it is spending—maybe the $40 billion that is now added to the retary Chao’s Department of Labor. using, in some cases, the Tax Code, like Department of Defense bill. We have Secretary Chao talked to me. She supplemental rebate checks. We would not finished that. Yet some say we needs Gene Scalia. She needs a Solic- give people checks even if they did not have to add $15 billion on top of it. itor. That is one of the most important pay taxes. How can you call that a tax If I look at the spending package sub- positions in any agency and certainly cut? That is a check. We are writing mitted by Senator BAUCUS, I am look- in the Department of Labor. She needs checks. It doesn’t have anything to do ing at spending that is close to $50 bil- Gene Scalia. She asked me numerous with cutting taxes. lion. Since they add Senator BYRD’s times: Please, will you confirm Gene

VerDate 11-MAY-2000 03:24 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.057 pfrm04 PsN: S30PT1 S12242 CONGRESSIONAL RECORD — SENATE November 30, 2001 Scalia. I told her I would do everything ported out, that we cannot move for- slurs and beat a man they believed to I could. ward. be gay. Mr. Leo was sentenced to 18 to There are two other nominees I urge I don’t know Mr. Scalia. I never met 36 months in jail and Mr. Zawojski was my colleague to assist us with, two him. I am only speaking for myself, sentenced to 29 to 58 months in jail in nominees for the court of appeals. One and certainly not Senator DASCHLE, connection with the incident. is Miguel Estrada, a Honduran native, nor the rest of the Senators. I think I believe that government’s first duty Hispanic. When he came to the United the situation with Mr. Scalia may be a is to defend its citizens, to defend them States he couldn’t even speak English little more difficult. A number of Mem- against the harms that come out of and graduated in the top of his class at bers have spoken to me. No one ques- hate. The Local Law Enforcement En- Harvard. He is an outstanding indi- tions his integrity or his credentials, hancement Act of 2001 is now a symbol vidual. We have letters of support on that I know of, or that he is a com- that can become substance. I believe Miguel Estrada from everybody, promi- petent lawyer. I think the question is that by passing this legislation, we can nent Democrats and others who say he whether this is the right place for him. change hearts and minds as well. will be an outstanding jurist. If he were chosen to be the solicitor of f One other individual is John Roberts, any department other than the Depart- ADDITIONAL STATEMENTS Jr., who is also nominated to the Cir- ment of Labor, I think his nomination cuit Court of the District of Columbia. would fly through. But because of very He argued, I think, 30-some-odd cases strong anti-labor comments he made, a RECOGNITION OF THE OUT- before the Supreme Court. He is an number of Members on my side have STANDING ACCOMPLISHMENT OF outstanding individual. Both of these come to me to express some real con- CUBA, MISSOURI individuals were nominated by Presi- cerns. ∑ Mr. BOND. Mr. President, I wish to dent Bush in May and they have not Being as candid as I can with my make a few comments on the out- even had a hearing. friend, I think that may be a little standing accomplishment of Cuba, Mis- We have a lot of vacancies in the cir- more difficult but something on which souri on becoming the official Route 66 cuit court. The circuit courts are ex- we can work. Mural City as declared by the Missouri tremely important. These two individ- Mr. NICKLES. If the Senator will State House of Representatives. uals are extremely qualified. I do not yield further, Gene Scalia was reported Cuba, Missouri is located along Inter- know that you could find two more out of the Labor Committee on October state 44 and highway 19 near the Mera- qualified individuals anywhere in the 17. He has been on the calendar. I urge mec River State Park and the Huzzah country than Miguel Estrada and John that we have a vote. There is not an river in Crawford County. Also, located Roberts, Jr. So I urge my friend from anti-labor bone in his body. If anybody near by is the beautiful Mark Twain Nevada and the majority leader, and questions that, I urge them to talk to National Forrest offering a great deal Senator LEAHY, give us hearings on him. Some people are trying to hold up of hunting, fishing and water recre- these two individuals. I can assure you his nomination because he had some ation. Cuba is a beautiful city and has if they have hearings they will have questions about ergonomics. The Sen- much to offer its citizens and those overwhelming votes in both the com- ator from Nevada, I know, had serious who visit. mittee and the Senate. They will be questions about ergonomics. In their Located along the historic Route 66 confirmed overwhelmingly. I feel more proposed regulations, the Clinton ad- and established in 1857, Cuba has wit- than confident that will be the case. ministration tried to almost legislate a nessed and been a part of many histor- I also urge my colleague to give us a Federal workers compensation system ical events. Through local artisans, vote. Gene Scalia is on the calendar. without going through Congress. Cuba, MO has taken the incitive to re- Give us a vote on Gene Scalia as Solic- Again, I think Gene Scalia is an out- mind its citizens and those who visit of itor for the Department of Labor. standing nominee. I think the Sec- its storied past through three murals I yield the floor. retary of Labor is entitled to a solic- on local buildings. The three murals The PRESIDING OFFICER. The Sen- itor, and he is certainly entitled to a currently displayed on the buildings ator from Nevada. vote to find out where the votes are. I depict the early history of the town, Mr. REID. Mr. President, my feelings urge my colleagues to help us make and present us with a reminder of its are just as strong. My affection for the that happen, to give him a vote and a beautiful apple orchards, the six resi- Senator from Oklahoma is just as day in the Senate, and not keep him in dents who lost their lives defending strong as he has expressed regarding limbo indefinitely. this great nation during World War me. I have not heard of John Roberts. Mr. REID. Mr. President, I suggest Two, and the original Peoples Bank I have heard of Miguel Estrada. From the absence of a quorum. building. These murals also are a re- all I know about both of them, they are The PRESIDING OFFICER. The minder of the history that not only fine individuals. I see no reason they clerk will call the roll. shaped Cuba, but our great state as should not be sitting on the DC Court The assistant legislative clerk pro- well. Although the population of Cuba of Appeals. But that is the extent of ceeded to call the roll. is only about 3,200 people, the city con- my knowledge. I will do what I can to Mr. REID. Mr. President, I ask unan- tinues to grow and prosper. I commend make sure there are hearings sched- imous consent that the order for the them on taking the incitive to remem- uled. quorum call be rescinded. ber our history and educate those who As I said to my friend on a number of The PRESIDING OFFICER. Without visit this great city by this beautiful occasions, people deserve hearings. We objection, it is so ordered. display of art work. are going to do everything we can to f There are plans to finish ten murals live up to what Senator DASCHLE and I along historic Route 66 by the year LOCAL LAW ENFORCEMENT ACT have said. Senator LEAHY reported nine 2007. Cuba was the first community to OF 2001 out yesterday, including one circuit take the initiative to paint these mu- court judge. We expect to have votes on Mr. SMITH of Oregon. Mr. President, rals and now serves as the center for those shortly. He is going to have hear- I rise today to speak about hate crimes development for these murals, includ- ings again next week. It is my under- legislation I introduced with Senator ing obtaining a trademark on Route 66 standing—I do not know if there is KENNEDY in March of this year. The Murals. Again, I congratulate them on going to be hearings but he said he Local Law Enforcement Act of 2001 such a wonderful project.∑ would report out at least four or five would add new categories to current f more. So that is 13 or 14 judges we hate crimes legislation sending a sig- would have. nal that violence of any kind is unac- GOD BLESS AMERICA I was talked to yesterday about ceptable in our society. ∑ Mr. FEINGOLD. Mr. President, the Sansonetti; the Judiciary Committee I would like to describe a terrible Wisconsin State Council of Vietnam did report him out yesterday. There crime that occurred in May 1996 in Veterans of America, part of the con- has been some controversy over that. I Philadelphia, PA. Stephen Leo Jr., 19, gressionally chartered Vietnam Vet- see no reason, now that he has been re- and Kevin Zawojski, 17, yelled anti-gay erans of America, have been steadfast

VerDate 11-MAY-2000 03:24 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.060 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12243 advocates for Wisconsin’s veterans and comings, we have the privilege of living in on mental disorders to the forefront of their families. They have asked me to the greatest nation on earth. public consciousness will be a strong have printed in the RECORD the fol- On behalf of the members of Vietnam Vet- foundation that his successor must lowing editorial from The Badger Vet- erans of America in Wisconsin and ourselves, build upon. Nancy and I wish Steve and we rededicate the Wisconsin State Council’s eran, the newsmagazine that they commitment to our Founding Principle, his family great success and happiness produce. ‘‘Never again will one generation of veterans as he begins his new duties as Provost The editorial follows. abandon another.’’ And we promise to con- at Harvard University.∑ MAY GOD BLESS AMERICA tinue our efforts to make VVA’s motto, ‘‘In A TRANSITION FOR ONE OF OUR NATION’S The men and women of the Wisconsin Service to America,’’ an ongoing reality. FOREMOST MENTAL HEALTH LEADERS State Council of Vietnam Veterans of Amer- May God bless the United States of Amer- ∑ Mr. WELLSTONE. Mr. President, I ica understand all too well the horrors of ica. And may peace return to our shores and rise today to recognize the extraor- war. Until September 11th, our nation was the world with dispatch. dinary achievements of Dr. Steve blessed to have 136 years without a life being JOHN MARGOWSKI, Hyman as Director of the National In- President & Publisher. lost on America’s mainland to war. Our stitute of Mental Health at the Na- sense—our collective illusion—of invulner- MARVIN J. FREEDMAN, Executive Director & tional Institutes of Health, and to ac- ability was shattered forever by acts of ter- knowledge his departure as he moves ror in New York, Washington and Pennsyl- Managing Editor. vania on the 11th of September. JAMES CAREY, forward to become Provost of his alma ∑ Our national security must never again be Executive Editor. mater, Harvard University. As we treated as an afterthought. It must not be f strive to maintain the recent Senate victory passing mental health parity placed on hold in the name of inconvenience PAYING TRIBUTE TO DR. STEVEN not compromised because it might have legislation, I am reminded again about HYMAN some limited impact on the bottom line of how fortunate it was to have Steve’s our country’s economy. ∑ Mr. DOMENICI. Mr. President, it is leadership during these critical years. A generation ago, we sent millions of with genuine regret that I learned His expertise and remarkable ability to Americans to fight a protracted war in about the planned departure of Dr. Ste- convey complex scientific information Southeast Asia. The vast majority of Ameri- ven Hyman as Director of the National cans had the luxury of turning out that war to the public and to Congress have simply by tuning off their TVs whenever Institute of Mental Health at the NIH. brought us so much further in the they grew tired of it or found it too depress- Steve is a Harvard-trained psychiatrist struggle to reduce stigma and to recog- ing. It is a luxury no American will ever and neuroscientist who has impressed nize as a society that mental illnesses have in our war against terrorism. me with his deep understanding that are real and treatable. The basic sci- Today, America has once again been drawn mental illnesses are very real disturb- entific facts of mental illness are into a war—one not of our making. It will be ances occurring in the brain, the most straightforward, but the difficulties en- protracted. It will be very costly—in dollars complex structure in the known uni- countered by those who want to elimi- and, tragically, as in any war, in more lives, verse. Steve used his expertise as a sci- including more American lives. As veterans, nate the cruel and unjust stigma that we understand there is nothing fair or good entist, along with his remarkable abil- surrounds diseases like schizophrenia, about any war. And we know Americans will ity to make science readily under- depression, bipolar disorder and others no doubt find themselves debating the con- standable to lay persons, to convey a have been monumental. Mental ill- duct of this war in the halls of Congress and simple but profound message to us and nesses represent a major portion of the in homes and byways throughout our nation. to the American public, that there is disease burden in the United States There is nothing wrong with free and open no scientific or medical justification and worldwide; depression is the lead- debate. It is the American way. But Ameri- for treating mental illnesses dif- ing cause of disability in the U.S. and cans are also an impatient people who like ferently than any other illness. quick resolution of events that disrupt their throughout the developed world. And lives. This war promises no quick fixes. It Dr. Hyman has been at the helm of yet, our efforts to reduce stigma and will take more time than we will have pa- NIMH with a commitment to encour- provide fair treatment for people with tience. But patience is something for which aging and supporting the basic re- mental illness are still needed. Parity Americans must collectively and continually search that will enable us to develop for mental health treatment is a civil search our very beings as the frustrations of exciting new treatments, based on an rights issue, and the fight for the a protracted war begin to take their toll on understanding of the disease process rights of those with mental illness will our resolve. And patience will have to be itself. Although our current treat- not be stopped. found time and again if we are to prevail. ments get increasingly better, they are We urge the people of Wisconsin and the When Steve first came to NIMN, he United States to stay the course until we not perfect, they need to be more tar- immediately stated unequivocally that cripple the world’s terrorist networks. We geted and rational because as good as there is no scientific basis for treating urge President Bush and our national leaders these treatments are, those with men- mental disorders any differently than to be mindful of the lessons of the Vietnam tal illness desperately need treatments other illnesses with respect to insur- War, the Soviet-Afghanistan War and the that are more effective. We need to ance coverage. That was his objective Powell Doctrine with respect to committing know how these medications are going and straightforward view as a distin- U.S. ground troops to foreign battlefields. to work in patients living in the real guished neuroscientist. I have watched And we ask and expect that criticisms of this world, with real work problems because 1 war and its policies will be directed at our Steve for these last 5 ⁄2 years at the government and our leadership who are re- people suffering from severe mental ill- helm of NIMH, and he has clearly sponsible for the policies and never again at ness often have very complex compli- taken the scientific study of mental the men and women our government sends cating factors that contribute to the illness very far. His leadership and his into harm’s way on behalf of our nation. mental illness. extraordinary talents as a scientist, This is also a time for remembering, for I want to express my sincere appre- communicator, and teacher have made coming together. A time to heal while being ciation for Steve Hyman’s forceful him a major force in advancing the vigilant. A time to remind our foes that voice of reason, explaining patiently public’s awareness of the brain and its when threatened or attacked, we will re- and constantly that, while we don’t un- spond with a ferocity that they shall regret dysfunctions. Although stigma still ex- unleashing. As President Bush stated, we are derstand mental illness completely, ists, these are very few who dare to a good, peace loving nation. Our enemies thanks to magnificent new technology challenge the scientific record that proceed at their peril whenever they infer and scientific knowledge, the brain is mental illnesses are very real disorders from our nature that we will turn the other unlocking its secrets, and the future is of the brain, often disrupting that cheek when attacked. bright. This, in turn, I believe has which makes us most human, our be- This will also be a time for the vast major- helped convince our colleagues, and the havior. ity of Americans—especially young Ameri- American public—that there must be I am particularly pleased that Steve cans—to learn about the importance of some parity for mental health now. has been at the forefront of the efforts ‘‘old fashioned’’ values that have lost rel- evance to too many for too long. Values like Steve will be missed, but he has ac- to include the voices of patients and duty, honor and country, with an increased complished much during his tenure at families in the overall planning process appreciation for a simple, compelling fact: the National Institute of Mental at the NIMH. He has sponsored public, Despite all of America’s flaws and short- Health; his success in bringing research participatory meetings in various areas

VerDate 11-MAY-2000 03:25 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.018 pfrm04 PsN: S30PT1 S12244 CONGRESSIONAL RECORD — SENATE November 30, 2001 of the country, not only to bring infor- cluding Duchenne, Becker, limb girdle, accompanying papers, reports, and doc- mation about the latest scientific congenital, facioscapulohumeral, uments, which were referred as follows: breakthroughs, but also to seek input myotonic, oculopharyngeal, distal, and EC–4592. A communication from the Prin- from people who live in diverse cul- Emery-Dreifuss muscular dystrophies. cipal Deputy Associate Administrator of the tures. To his credit, Steve understood The message further announced that Environmental Protection Agency, transmit- that this process was necessary so that the House agrees to the report of the ting, a report entitled ‘‘Nutrient Criteria Technical Guidance Manual; Estuarine and we ensure that the NIMH addressed committee of conference on the dis- Coastal Marine Waters’’; to the Committee questions that are relevant and impor- agreeing votes of the two Houses on on Environment and Public Works. tant to all Americans, and to include the amendment of the Senate to the EC–4718. A communication from the Pro- this information in planning the future bill (H.R. 2299) making appropriations gram Analyst of the Federal Aviation Ad- of NIMH’s research agenda. Steve also for the Department of Transportation ministration, Department of Transportation, enthusiastically supported the effort to and related agencies for the fiscal year transmitting, pursuant to law, the report of include public members as part of the ending September 30, 2002, and for a rule entitled ‘‘Airworthiness Directives: Estrom Helicopter Corp Model F28, F28A, scientific peer review panels that re- other purposes. and F28C, F28F, 280, 280F, and 280FX Heli- view grant applications. Steve believes, ENROLLED BILLS SIGNED copters’’ ((RIN2120–AA64)(2001–0552)) received as I do, that the views of patients and At 10:53 a.m., a message from the on November 16, 2001; to the Committee on family members are crucial because House of Representatives, delivered by Commerce, Science, and Transportation. they offer a unique view of research. Mr. Hays, one of its reading clerks, an- EC–4719. A communication from the Pro- gram Analyst of the Federal Aviation Ad- They ask, Steve often said, the ‘‘so nounced that the Speaker has signed what’’ questions that are critical to ministration, Department of Transportation, the following enrolled bills: transmitting, pursuant to law, the report of the real lives of people: Will this re- S. 1459. An act to designate the Federal a rule entitled ‘‘Amendment to Time of Des- search help those who are suffering? building and United States courthouse lo- ignation for Restricted Area R4403 Gaines- Will it make a difference? cated at 550 West Fort Street in Boise, Idaho, ville, MS’’ ((RIN2120–AA66)(2001–0172)) re- As he departs, I know that many of as the ‘‘James A. McClure Federal Building ceived on November 16, 2001; to the Com- my colleagues join me in wishing him and United States Courthouse.’’ mittee on Commerce, Science, and Transpor- well and thanking him for all he has S. 1573. An act to authorize the provision of tation. done to further scientific research and educational and health care assistance to the EC–4720. A communication from the Pro- gram Analyst of the Federal Aviation Ad- treatment of mental illness. I am con- women and children of Afghanistan. The enrolled bills were signed subse- ministration, Department of Transportation, fident that Steve has placed the NIMH transmitting, pursuant to law, the report of on a course that promises to build on quently by the President pro tempore a rule entitled ‘‘Amendment of Class D Air- the remarkable achievements already (Mr. BYRD). space; Titusville, FL’’ ((RIN2120–AA66)(2001– achieved, one that will take full advan- f 0173)) received on November 16, 2001; to the tage of scientific opportunities and the Committee on Commerce, Science, and extraordinarily challenging public MEASURES PLACED ON THE Transportation. CALENDAR EC–4721. A communication from the Pro- health needs that we as a country are gram Analyst of the Federal Aviation Ad- now facing. Dr. Steve Hyman will be The following bills were read the sec- ministration, Department of Transportation, sorely missed, but I know he will con- ond time, and placed on the calendar: transmitting, pursuant to law, the report of tinue to be a major force for the im- H.R. 2722. An act to implement effective a rule entitled ‘‘Airworthiness Directives: provement of mental health care measures to stop trade in conflict diamonds, Boeing Model 737 600, 700, and 800 Series Air- worldwide.∑ and for other purposes. planes’’ ((RIN2120–AA64)(2001–0555)) received H.R. 3189. An act to extend the Export Ad- on November 16, 2001; to the Committee on f ministration Act until April 20, 2002. Commerce, Science, and Transportation. MESSAGES FROM THE PRESIDENT EC–4722. A communication from the Pro- f gram Analyst of the Federal Aviation Ad- Messages from the President of the MEASURES READ THE FIRST TIME ministration, Department of Transportation, United States were communicated to transmitting, pursuant to law, the report of the Senate by Mr. McCathran, one of The following bills were read the first a rule entitled ‘‘Airworthiness Directives: his secretaries. time: Gulfstream Model G V Series Airplanes’’ H.R. 3210. An act to ensure the continued ((RIN2120–AA64)(2001–0554)) received on No- f financial capacity of insurers to provide cov- vember 16, 2001; to the Committee on Com- merce, Science, and Transportation. EXECUTIVE MESSAGES REFERRED erage for risks from terrorism. S. 1748. A bill to promote the stabilization EC–4723. A communication from the Pro- As in executive session the Presiding of the economy by encouraging financial in- gram Analyst of the Federal Aviation Ad- Officer laid before the Senate messages stitutions to continue to support economic ministration, Department of Transportation, from the President of the United development including development in urban transmitting, pursuant to law, the report of States submitting sundry nominations areas, through the provision of affordable in- a rule entitled ‘‘Temporary Extension of Time Allowed for Certain Training and Test- which were referred to the appropriate surance coverage against acts of terrorism, and for other purposes. ing; FAA–2001–10797’’ (RIN2120–AH51) re- committees. ceived on November 16, 2001; to the Com- (The nominations received today are f mittee on Commerce, Science, and Transpor- printed at the end of the Senate pro- ENROLLED BILLS PRESENTED tation. ceedings.) EC–4724. A communication from the Pro- The Secretary of the Senate reported gram Analyst of the Federal Aviation Ad- f that on today, November 30, 2001, she ministration, Department of Transportation, MESSAGES FROM THE HOUSE had presented to the President of the transmitting, pursuant to law, the report of United States the following enrolled a rule entitled ‘‘Aircraft Security Under At 10:40 a.m., a message from the General Operating and Flight Rules; FAA– House of Representatives, delivered by bills: 2001–10738; SFAR 91’’ (RIN2120–AH49) received Ms. Niland, one of its reading clerks, S. 1459. An act to designate the Federal on November 16, 2001; to the Committee on announced that the House has passed building and United States courthouse lo- Commerce, Science, and Transportation. cated at 550 West Ford Street in Boise, the following bill, in which it requests EC–4725. A communication from the Pro- Idaho, as the ‘‘James A. McClure Federal gram Analyst of the Federal Aviation Ad- the concurrence of the Senate: Building and United States Courthouse.’’ ministration, Department of Transportation, H.R. 3210. An act to ensure the continued S. 1573. An act to authorize the provision of transmitting, pursuant to law, the report of financial capacity of insurers to provide cov- educational and health care assistance to the a rule entitled ‘‘Airworthiness Directives: erage for risks from terrorism. women and children of Afghanistan. Empresa Brasileira de Aeronautica SA Model EMB 135 and EMB 145 Series Airplanes’’ The message also announced that the f House agrees to the amendment of the ((RIN2120–AA64)(2001–0524)) received on No- Senate to the bill (H.R. 717) to amend EXECUTIVE AND OTHER vember 16, 2001; to the Committee on Com- COMMUNICATIONS merce, Science, and Transportation. the Public Health Service Act to pro- EC–4726. A communication from the Pro- vide for research with respect to var- The following communications were gram Analyst of the Federal Aviation Ad- ious forms of muscular dystrophy, in- laid before the Senate, together with ministration, Department of Transportation,

VerDate 11-MAY-2000 03:24 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.019 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12245 transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Revision of Class Airspace; transmitting, pursuant to law, the report of Rolls-Royce Corporation Model AE 3007A and Farmington, NM’’ ((RIN2120–AA66)(2001– a rule entitled ‘‘Establishment and Revision AE 3007C Turbofan Engines’’ ((RIN2120– 0160)) received on November 16, 2001; to the of Restricted Areas, ID; correction’’ AA64)(2001–0525)) received on November 16, Committee on Commerce, Science, and ((RIN2120–AA66) (2001–0161)) received on No- 2001; to the Committee on Commerce, Transportation. vember 16, 2001; to the Committee on Com- Science, and Transportation. EC–4736. A communication from the Pro- merce, Science, and Transportation. EC–4727. A communication from the Pro- gram Analyst of the Federal Aviation Ad- EC–4745. A communication from the Pro- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, transmitting, pursuant to law, the report of ministration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing Model 777–200 Series Airplanes’’ a rule entitled ‘‘Airworthiness Directives: Rolls Royce Corporation AE2100 Turboprop ((RIN2120–AA64)(2001–0523)) received on No- Airbus Model A340–211 Series Airplanes and AE 30017 Turboshaft Engines’’ ((RIN2120– vember 16, 2001; to the Committee on Com- Modified by Supplemental Type Certificate AA64)(2001–0526)) received on November 16, merce, Science, and Transportation. ST09092AC’’ ((RIN2120–AA64) (2001–0522)) re- 2001; to the Committee on Commerce, EC–4737. A communication from the Pro- ceived on November 16, 2001; to the Com- Science, and Transportation. gram Analyst of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- EC–4728. A communication from the Pro- ministration, Department of Transportation, tation. gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of EC–4746. A communication from the Pro- ministration, Department of Transportation, a rule entitled ‘‘Establishment of Class E gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Airspace; Coudersport, PA’’ ((RIN2120– ministration, Department of Transportation, a rule entitled ‘‘Amendment of Class D Air- AA66)(2001–0157)) received on November 16, transmitting, pursuant to law, the report of space; White Plans, NY—docket No. 01–AEA– 2001; to the Committee on Commerce, a rule entitled ‘‘Transport Airplane Fleet 05FR’’ ((RIN2120–AA66)(2001–0159)) received Science, and Transportation. Fuel Tank Ignition Source Review; Flamma- on November 16, 2001; to the Committee on EC–4738. A communication from the Pro- bility Reduction, and Maintenance and In- Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- spection Requirements’’ (RIN2120–AG62) re- EC–4729. A communication from the Pro- ministration, Department of Transportation, ceived on November 16, 2001; to the Com- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: tation. transmitting, pursuant to law, the report of Airbus Model A300 B2 and B4 Series Air- EC–4747. A communication from the Acting a rule entitled ‘‘Airworthiness Directives: planes and Model A300 B4–600R, and F4–600R Director, Fish and Wildlife Service, Depart- Augusta Model AB412 Helicopters’’ Series Airplanes’’ ((RIN2120–AA64)(2001–0533)) ment of the Interior, transmitting, pursuant ((RIN2120–AA64)(2001–0528)) received on No- received on November 16, 2001; to the Com- to law, the report of a rule entitled ‘‘Endan- vember 16, 2001; to the Committee on Com- mittee on Commerce, Science, and Transpor- gered and Threatened Wildlife and Plants; merce, Science, and Transportation. tation. Final Rule to List the MS Gopher Frog as EC–4730. A communication from the Pro- EC–4739. A communication from the Pro- Endangered’’ (RIN1018–AF90) received on No- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- vember 27, 2001; to the Committee on Envi- ministration, Department of Transportation, ministration, Department of Transportation, ronment and Public Works. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–4748. A communication from the Prin- a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: cipal Deputy Associate Administrator of the Pratt and Whitney JT9D Turbofan Engines’’ Fokker Model F28 Mark 1000, 2000, 3000, and Environmental Protection Agency, transmit- ((RIN2120–AA64)(2001–0527)) received on No- 4000 Series Airplanes’’ ((RIN2120–AA64)(2001– ting, pursuant to law, the report of a rule en- vember 16, 2001; to the Committee on Com- 0519)) received on November 16, 2001; to the titled ‘‘Approval and Promulgation of Air merce, Science, and Transportation. Committee on Commerce, Science, and Quality Implementation Plans; Pennsyl- EC–4731. A communication from the Pro- Transportation. vania; Post 1996 Rate-of-Progress Plan and gram Analyst of the Federal Aviation Ad- EC–4740. A communication from the Pro- One-Hour Ozone Attainment Demonstration ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- for the Philadelphia-Wilmington-Trenton transmitting, pursuant to law, the report of ministration, Department of Transportation, Ozone Nonattainment Area’’ (FRL7089–2) re- a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of ceived on November 16, 2001; to the Com- Pratt and Whitney Canada PT6A Series Tur- a rule entitled ‘‘Airworthiness Directives: mittee on Environment and Public Works. boprop Engines’’ ((RIN2120–AA64)(2001–0532)) Boeing Model 767–300 Series Airplanes Modi- EC–4749. A communication from the Prin- received on November 16, 2001; to the Com- fied by Supplemental Type Certificate cipal Deputy Associate Administrator of the mittee on Commerce, Science, and Transpor- SA7019NM–D’’ ((RIN2120–AA64)(2001–0521)) re- Environmental Protection Agency, transmit- tation. ceived on November 16, 2001; to the Com- ting, pursuant to law, the report of a rule en- EC–4732. A communication from the Pro- mittee on Commerce, Science, and Transpor- titled ‘‘Approval and Promulgation of Air gram Analyst of the Federal Aviation Ad- tation. Quality Implementation Plans; Delaware; ministration, Department of Transportation, EC–4741. A communication from the Pro- Post–1996 Rate-of-Progress Plans and One- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- Hour Ozone Attainment Demonstration for a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, the Philadelphia-Wilmington-Trenton Ozone Eurocopter France Model AS350B, B1, B2, B3, transmitting, pursuant to law, the report of Nonattainment Area’’ (FRL7089–3) received BA, D, D1, and AS355E, F, F1, F2, and N Heli- a rule entitled ‘‘Airworthiness Directives: on November 16, 2001; to the Committee on copters’’ ((RIN2120–AA64)(2001–0531)) received Fokker Model F27 Mark 100, 200, 300, 400, 500, Environment and Public Works. on November 16, 2001; to the Committee on 600, and 700 Series Airplanes’’ ((RIN2120– EC–4750. A communication from the Prin- Commerce, Science, and Transportation. AA64) (2001–0520)) received on November 16, cipal Deputy Associate Administrator of the EC–4733. A communication from the Pro- 2001; to the Committee on Commerce, Environmental Protection Agency, transmit- gram Analyst of the Federal Aviation Ad- Science, and Transportation. ting, pursuant to law, the report of a rule en- ministration, Department of Transportation, EC–4742. A communication from the Pro- titled ‘‘Approval and Promulgation of Air transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- Quality Implementation Plans; Maryland; a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, One-Hour Ozone Attainment Demonstration General Electric Company T58 and CT 58 Se- transmitting, pursuant to law, the report of for the Baltimore Ozone Nonattainment ries Turboshaft Engines’’ ((RIN2120– a rule entitled ‘‘Change of Using Agency for Area’’ (FRL7088–9) received on November 16, AA64)(2001–0530)) received on November 16, Restricted Areas R 3008A, R–6B, R–3008C, and 2001; to the Committee on Environment and 2001; to the Committee on Commerce, R–3008D; Grand Bay Weapons Range, GA’’ Public Works. Science, and Transportation. ((RIN2120–AA66) (2001–0158)) received on No- EC–4751. A communication from the Prin- EC–4734. A communication from the Pro- vember 16, 2001; to the Committee on Com- cipal Deputy Associate Administrator of the gram Analyst of the Federal Aviation Ad- merce, Science, and Transportation. Environmental Protection Agency, transmit- ministration, Department of Transportation, EC–4743. A communication from the Pro- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- titled ‘‘Approval and Promulgation of Air a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, Quality Implementation Plans; Pennsyl- Rolls-Royce plb Dart 525, 525F, 528, 528D, 529, transmitting, pursuant to law, the report of vania; Reasonably Available Control Tech- 529D, 530, 532, 535, 542, and 552 Series Turbo- a rule entitled ‘‘Revocation of Class D Air- nology Requirement for Volatile Organic prop Engines’’ ((RIN2120–AA64)(2001–0529)) re- space, Fort Worth Carswell AFB, TX; con- Compounds and Nitrogen Oxides in the ceived on November 16, 2001; to the Com- firmation of effective date’’ ((RIN2120–AA66) Philadelphia-Wilmington-Trenton Area’’ mittee on Commerce, Science, and Transpor- (2001–0162)) received on November 16, 2001; to (FRL7089–4) received on November 16, 2001; to tation. the Committee on Commerce, Science, and the Committee on Environment and Public EC–4735. A communication from the Pro- Transportation. Works. gram Analyst of the Federal Aviation Ad- EC–4744. A communication from the Pro- EC–4752. A communication from the Prin- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- cipal Deputy Associate Administrator of the

VerDate 11-MAY-2000 03:24 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.067 pfrm04 PsN: S30PT1 S12246 CONGRESSIONAL RECORD — SENATE November 30, 2001 Environmental Protection Agency, transmit- Quality Implementation Plans; Montana; EC–4771. A communication from the Prin- ting, pursuant to law, the report of a rule en- State Implementation Plans; Correction’’ cipal Deputy Associate Administrator of the titled ‘‘Approval and Promulgation of Air (FRL7093–6) received on November 16, 2001; to Environmental Protection Agency, transmit- Quality Implementation Plans; Maryland; the Committee on Environment and Public ting, pursuant to law, the report of a rule en- One-Hour Ozone Attainment Demonstration Works. titled ‘‘Approval and Promulgation of Air for the Philadelphia-Wilmington-Trenton EC–4762. A communication from the Prin- Quality Plans: Indiana; Ozone’’ (FRL7088–5) Ozone Nonattainment Area’’ (FRL7089–1) re- cipal Deputy Associate Administrator of the received on November 16, 2001; to the Com- ceived on November 16, 2001; to the Com- Environmental Protection Agency, transmit- mittee on Environment and Public Works. mittee on Environment and Public Works. ting, pursuant to law, the report of a rule en- EC–4772. A communication from the Prin- EC–4753. A communication from the Prin- titled ‘‘Approval and Promulgation of Air cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the Quality Implementation Plans; District of Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Columbia; Nitrogen Oxides Budget Trading ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Program’’ (FRL7094–7) received on November titled ‘‘Approval and Promulgation of Imple- titled ‘‘Incorporation by Reference of Ap- 16, 2001; to the Committee on Environment mentation Plans; Illinois; Ozone’’ (FRL7088– proval State Hazardous Waste Management and Public Works. 8) received on November 16, 2001; to the Com- Program’’ (FRL7014–9) received on November EC–4763. A communication from the Prin- mittee on Environment and Public Works. 16, 2001; to the Committee on Environment cipal Deputy Associate Administrator of the EC–4773. A communication from the Prin- and Public Works. Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the EC–4754. A communication from the Prin- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the titled ‘‘Clean Air Final Full Approval of Op- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- erating Permit Program; Kentucky’’ titled ‘‘Standards of Performance for Large ting, pursuant to law, the report of a rule en- (FRL7095–1) received on November 16, 2001; to Municipal Waste Combustors for Which Con- titled ‘‘Outer Continental Shelf Air Regula- the Committee on Environment and Public struction is Commenced After September 20, tions Consistency Update for Alaska’’ Works. 1994 or for Which Modification or Recon- (FRL7082–4) received on November 16, 2001; to EC–4764. A communication from the Prin- struction is Commenced After June 19, 1996 the Committee on Environment and Public cipal Deputy Associate Administrator of the and Emission Guidelines and Compliance Works. Environmental Protection Agency, transmit- Times for Large Municipal Waste Combus- EC–4755. A communication from the Prin- ting, pursuant to law, the report of a rule en- tors That are Constructed on or before Sep- cipal Deputy Associate Administrator of the titled ‘‘Ethylene Oxide Emissions Standards tember 20, 1994’’ (FRL7100–8) received on No- Environmental Protection Agency, transmit- for Sterilization Facilities’’ (FRL7096–1) re- vember 16, 2001; to the Committee on Envi- ting, pursuant to law, the report of a rule en- ceived on November 16, 2001; to the Com- ronment and Public Works. titled ‘‘Approval and Promulgation of Air mittee on Environment and Public Works. EC–4774. A communication from the Prin- Quality State Implementation Plans; (STP); EC–4765. A communication from the Prin- cipal Deputy Associate Administrator of the Texas: Low Emission Diesel Fuel’’ (FRL7091– cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- 5) received on November 16, 2001; to the Com- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. ting, pursuant to law, the report of a rule en- titled ‘‘Hazardous Waste Management Sys- EC–4756. A communication from the Prin- titled ‘‘National Emission Standards for Haz- tem; Identification and Listing of Hazardous cipal Deputy Associate Administrator of the ardous Air Pollutants for Source Categories: Waste: Inorganic Chemical Manufacturing Environmental Protection Agency, transmit- Generic Maximum Achievable Control Tech- Wastes; Land Disposal Restriction for Newly ting, pursuant to law, the report of a rule en- nology Standards’’ (FRL7095–6) received on Identified Wastes; and CERCLA Hazardous titled ‘‘Approval and Promulgation of Air November 16, 2001; to the Committee on En- Substances Designation and Reportable Quality Implementation Plan; Oregon’’ vironment and Public Works. Quantities’’ (FRL7099–2) received on Novem- (FRL7035–6) received on November 16, 2001; to EC–4766. A communication from the Prin- ber 16, 2001; to the Committee on Environ- the Committee on Environment and Public cipal Deputy Associate Administrator of the ment and Public Works. Works. Environmental Protection Agency, transmit- EC–4775. A communication from the Prin- EC–4757. A communication from the Prin- ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the titled ‘‘Prohibition on Gasoline Containing Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Lead or Lead Additives for Highway Use: ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Fuel Inlet Restrictor Exemption for Motor- titled ‘‘Approval and Promulgation of Air titled ‘‘Approval and Promulgation of State cycles’’ (FRL7095–8) received on November Quality Implementation Plans; Illinois; Ox- Plans for Designated Facilities; Puerto 16, 2001; to the Committee on Environment ides of Nitrogen Regulations’’ (FRL7077–8) Rico’’ (FRL7093–9) received on November 16, and Public Works. received on November 16, 2001; to the Com- 2001; to the Committee on Environment and EC–4767. A communication from the Prin- mittee on Environment and Public Works. Public Works. cipal Deputy Associate Administrator of the EC–4776. A communication from the Prin- EC–4758. A communication from the Prin- Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- titled ‘‘State and Federal Operating Permits ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Programs: Amendments to the Compliance titled ‘‘Approval and Promulgation of Air titled ‘‘Clean Air Act Determination of At- Certification Requirements’’ (FRL7096–4) re- Quality Implementation Plans; Indiana; Ox- tainment for PM10 Nonattainment Areas; ceived on November 16, 2001; to the Com- ides of Nitrogen Regulations’’ (FRL7077–7) Montana and Colorado’’ (FRL7093–7) received mittee on Environment and Public Works. received on November 16, 2001; to the Com- on November 16, 2001; to the Committee on EC–4768. A communication from the Prin- mittee on Environment and Public Works. Environment and Public Works. cipal Deputy Associate Administrator of the EC–4777. A communication from the Prin- EC–4759. A communication from the Prin- Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- titled ‘‘Revisions to the Requirement on ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Variability in the Composition of Additives titled ‘‘Approval and Promulgation of Air titled ‘‘Clean Air Act Full Approval of Par- Certified Under the Gasoline Deposit Control Quality Implementation Plans; Maryland; tial Operating Permit Program; Allegheny Program’’ (FRL7096–5) received on November RACT for the Control of VOC Emissions from County, Pennsylvania’’ (FRL7093–3) received 16, 2001; to the Committee on Environment Iron and Steel Production Installations’’ on November 16, 2001; to the Committee on and Public Works. (FRL7083–7) received on November 16, 2001; to Environment and Public Works. EC–4769. A communication from the Prin- the Committee on Environment and Public EC–4760. A communication from the Prin- cipal Deputy Associate Administrator of the Works. cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- EC–4778. A communication from the Prin- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- titled ‘‘Clean Air Act Reclassification, San Quality Plans: Wisconsin: Ozone’’ (FRL7094– ting, pursuant to law, the report of a rule en- Joaquin Valley Nonattainment Area; Des- 3) received on November 16, 2001; to the Com- titled ‘‘Approval and Promulgation of Air ignation of East Kern County Nonattain- mittee on Environment and Public Works. Quality State Implementation Plans; (SIP); ment Area and Extension of Attainment EC–4770. A communication from the Prin- Alabama: Control of Gasoline Sulfur and Date; California; Ozone’’ (FRL7093–4) re- cipal Deputy Associate Administrator of the Volatility’’ (FRL7098–6) received on Novem- ceived on November 16, 2001; to the Com- Environmental Protection Agency, transmit- ber 16, 2001; to the Committee on Environ- mittee on Environment and Public Works. ting, pursuant to law, the report of a rule en- ment and Public Works. EC–4761. A communication from the Prin- titled ‘‘Final Authorization of State Haz- EC–4779. A communication from the Prin- cipal Deputy Associate Administrator of the ardous Waste Management Program’’ cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- (FRL7097–1) received on November 16, 2001; to Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- the Committee on Environment and Public ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Air Works. titled ‘‘Approval and Promulgation of Air

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.069 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12247 Quality Implementation Plans; Maryland; By Mr. HOLLINGS (for himself, Mr. was added as a cosponsor of S. 1566, a Control of Volatile Organic Compound Emis- MCCAIN, Mr. BREAUX, and Mr. SMITH bill to amend the Internal Revenue sions from Distilled Spirits Facilities, Aero- of Oregon): code of 1986 to modify and expand the S. 1750. A bill to make technical correc- space Coating Operations and Kraft Pulp credit for electricity produced from re- Mills’’ (FRL7085–1) received on November 16, tions to the HAZMAT provisions of the USA 2001; to the Committee on Environment and PATRIOT Act; to the Committee on Com- newable resources and waste products, Public Works. merce, Science, and Transportation. and for other purposes. EC–4780. A communication from the Prin- By Mr. GRAMM (for himself, Mr. ENZI, S. 1707 cipal Deputy Associate Administrator of the Mr. BENNETT, Mr. BUNNING, and Mr. At the request of Mr. JEFFORDS, the Environmental Protection Agency, transmit- ALLARD): names of the Senator from Arkansas ting, pursuant to law, the report of a rule en- S. 1751. A bill to promote the stabilization (Mrs. LINCOLN), the Senator from Min- titled ‘‘Approval and Promulgation of Imple- of the economy by encouraging financial in- mentation Plans: Alabama: Attainment stitutions to continue to support economic nesota (Mr. WELLSTONE), and the Sen- Demonstration of the Birmingham One-Hour development, including development in ator from Michigan (Ms. STABENOW) Ozone Nonattainment Area’’ (FRL7098–7) re- urban areas, through the provision of afford- were added as cosponsors of S. 1707, a ceived on November 16, 2001; to the Com- able insurance coverage against acts of ter- bill to amend title XVIII of the Social mittee on Environment and Public Works. rorism, and for other purposes; to the Com- Security Act to specify the update for mittee on Banking, Housing, and Urban Af- EC–4781. A communication from the Prin- fairs. payments under the medicare physi- cipal Deputy Associate Administrator of the By Mr. CORZINE (for himself, Ms. cian fee schedule for 2002 and to direct Environmental Protection Agency, transmit- SNOWE, Ms. CANTWELL, Mr. DODD, Mr. the Medicare Payment Advisory Com- ting, pursuant to law, the report of a rule en- LEAHY, and Mrs. MURRAY): mission to conduct a study on replac- titled ‘‘Approval and Promulgation of Imple- S. 1752. A bill to amend the Public Health mentation Plans; Illinois NOx Regulations’’ ing the use of the sustainable growth Service Act with respect to facilitating the rate as a factor in determining such (FRL7077–9) received on November 16, 2001; to development of microbicides for preventing the Committee on Environment and Public transmission of HIV and other sexually update in subsequent years. Works. transmitted diseases; to the Committee on S. 1745 EC–4782. A communication from the Prin- Health, Education, Labor, and Pensions. At the request of Mrs. LINCOLN, the cipal Deputy Associate Administrator of the By Mr. BINGAMAN (for himself, Mr. names of the Senator from Massachu- Environmental Protection Agency, transmit- CAMPBELL, and Ms. CANTWELL): setts (Mr. KERRY) and the Senator from ting, pursuant to law, the report of a rule en- S. 1753. A bill to amend title XIX of the So- titled ‘‘Approval and Promulgation of Imple- cial Security Act to include medical assist- Florida (Mr. GRAHAM) were added as mentation Plans; Wisconsin’’ (FRL7064–4) re- ance furnished through an urban Indian cosponsors of S. 1745, a bill to delay ceived on November 16, 2001; to the Com- health program operated by an urban Indian until at least January 1, 2003, any mittee on Environment and Public Works. organization pursuant to a grant or contract changes in medicaid regulations that EC–4783. A communication from the Prin- with the Indian Health Service under title V modify the medicaid upper payment cipal Deputy Associate Administrator of the of the Indian Health Care Improvement Act limit for non-State Government-owned Environmental Protection Agency, transmit- in the 100 percent Federal medical assistance or operated hospitals. ting, pursuant to law, the report of a rule en- percentage applicable to the Indian Health titled ‘‘Protection of Stratospheric Ozone: Service; to the Committee on Finance. S.J. RES. 13 Reconsideration of the 610 Nonessential By Mr. LEAHY (for himself, Mr. At the request of Mr. WARNER, the Products Ban’’ (FRL7101–1) received on No- HATCH, Mr. REID, and Mr . BENNETT): name of the Senator from Nevada (Mr. vember 16, 2001; to the Committee on Envi- S. 1754. A bill to authorize appropriations REID) was added as a cosponsor of S.J. ronment and Public Works. for the United States Patent and Trademark Res. 13, a joint resolution conferring Office for fiscal years 2002 through 2007, and f honorary citizenship of the United for other purposes; to the Committee on the REPORTS OF COMMITTEES Judiciary. States on Paul Yves Roch Gilbert du Motier, also known as the Marquis de f The following reports of committees Lafayette. were submitted: SUBMISSION OF CONCURRENT AND S. RES. 109 By Mr. JEFFORDS, from the Committee SENATE RESOLUTIONS At the request of Mr. REID, the on Environment and Public Works, without The following concurrent resolutions names of the Senator from Tennessee amendment: and Senate resolutions were read, and H.R. 643: A bill to reauthorize the African (Mr. FRIST), the Senator from Ne- Elephant Conservation Act. (Rept. No. 107– referred (or acted upon), as indicated: braska (Mr. NELSON), and the Senator 104). By Mr. ALLEN (for himself, Mr. from Hawaii (Mr. AKAKA) were added as H.R. 645: A bill to reauthorize the Rhinoc- HELMS, Mr. CAMPBELL, Mr. WARNER, cosponsors of S. Res. 109, a resolution eros and Tiger Conservation Act of 1994. Mr. ALLARD, Mr. INOUYE, Mrs. FEIN- designating the second Sunday in the (Rept. No. 107–105). STEIN, Mr. BIDEN, Mr. SMITH of Or- month of December as ‘‘National Chil- egon, Mr. GRASSLEY, Mr. SESSIONS, f dren’s Memorial Day’’ and the last Fri- Mr. FITZGERALD, and Mr. GRAMM): day in the month of April as ‘‘Chil- INTRODUCTION OF BILLS AND S. Res. 185. A resolution recognizing the dren’s Memorial Flag Day.’’ JOINT RESOLUTIONS historical significance of the 100th anniver- sary of Korean immigration to the United f The following bills and joint resolu- States; to the Committee on the Judiciary. tions were introduced, read the first By Mr. SCHUMER (for himself and STATEMENTS ON INTRODUCED and second times by unanimous con- Mrs. CLINTON): BILLS AND JOINT RESOLUTIONS sent, and referred as indicated: S. Con. Res. 87. A concurrent resolution ex- By Mr. KENNEDY (for himself, pressing the sense of Congress regarding the By Mr. GRAMM (for himself, Mr. ENZI, crash of American Airlines Flight 587; to the Mr. BROWNBACK, Mrs. FEIN- Mr. BENNETT, Mr. BUNNING, and Mr. Committee on the Judiciary. STEIN, Mr. KYL, Mr. LEAHY, Mr. ALLARD): HATCH, Mr. EDWARDS, Mr. f S. 1748. A bill to promote the stabilization HELMS, Mr. DURBIN, Mr. THUR- of the economy by encouraging financial in- ADDITIONAL COSPONSORS MOND, Mr. CONRAD, Mr. BOND, stitutions to continue to support economic S. 1552 Mrs. CLINTON, Mr. SESSIONS, development including development in urban areas, through the provision of affordable in- At the request of Mr. HARKIN, the Mr. DEWINE, and Mrs. surance coverage against acts of terrorism, name of the Senator from New Jersey HUTCHISON): and for other purposes; read the first time. (Mr. TORRICELLI) was added as a co- S. 1749. A bill to enhance the border By Mr. KENNEDY (for himself, Mr. sponsor of S. 1552, a bill to provide for security of the United States, and for BROWNBACK, Mrs. FEINSTEIN, Mr. KYL, grants through the Small Business Ad- other purposes; to the Committee on Mr. LEAHY, Mr. HATCH, Mr. EDWARDS, ministration for losses suffered by gen- the Judiciary. Mr. HELMS, Mr. DURBIN, Mr. THUR- eral aviation small business concerns Mr. KENNEDY. Mr. President, I am MOND, Mr. CONRAD, Mr. BOND, Mrs. as a result of the terrorist attacks of honored to join Senator BROWNBACK, CLINTON, Mr. SESSIONS, Mr. DEWINE, September 11, 2001. EINSTEIN YL and Mrs. HUTCHISON): Senator F , Senator K , Sen- S. 1749. A bill to enhance the border secu- S. 1566 ator LEAHY, Senator HATCH, and other rity of the United States, and for other pur- At the request of Mr. REID, the name colleagues in introducing legislation to poses; to the Committee on the Judiciary. of the Senator from Iowa (Mr. HARKIN) strengthen the security of our borders,

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.072 pfrm04 PsN: S30PT1 S12248 CONGRESSIONAL RECORD — SENATE November 30, 2001 improve our ability to screen foreign obtain these cards was not sufficient. pating countries to enter the U.S. for a nationals, and enhance our ability to This legislation extends the deadline limited period without visas, strength- deter potential terrorists. Senator for individuals crossing the border to ens relations between the United BROWNBACK and I have worked closely acquire the biometric cards. States and those countries, and encour- with Senator FEINSTEIN and Senator The USA Patriot Act addressed the ages economic growth around the KYL over the last month to develop a need for machine-readable passports, world. Given it’s importance, we must broad and effective response to the na- but it did not focus on the need for ma- safeguard its continued use, while also tional security challenges we face. The chine-readable visas issued by the ensuring that a country’s designation need is urgent to improve our intel- United States. This legislation enables as a participant in the program does ligence and technology capabilities, the Department of State to raise fees not undermine U.S. law enforcement strengthen training programs for bor- through the use of machine-readable and security. This legislation will only der officials and foreign service offi- visas and use the funds collected from allow a country to be designated as a cers, and improve the monitoring of these fees to improve technology at our visa waiver participant, or continue to foreign nationals already in the United ports of entry. be designated, if the Attorney General States. Our efforts to improve border secu- and Secretary of State determine that In strengthening security at our bor- rity must also include enhanced coordi- the country reports instances of pass- ders, we must also safeguard the unob- nation and information-sharing by the port theft to the U.S. government in a structed entry of the more than 31 mil- Department of State, the Immigration timely manner. lion persons who enter the U.S. legally and Naturalization Service, and law en- forcement and intelligence agencies. We must do more to improve our each year as visitors, students, and ability to screen individuals along our temporary workers. Many others cross This legislation will require the Presi- dent to submit and implement a plan entire North American perimeter. This our borders from Canada and Mexico to legislation directs the Department of conduct daily business or visit close to improve access to critical security information. It will create an elec- State, the Department of Transpor- family members. tation, the Department of Justice and We also must live up to our history tronic data system to give those re- the INS to work with the Office of and heritage as a nation of immi- sponsible for screening visa applicants Homeland Security to screen individ- grants. Continued immigration is part and persons entering the U.S. the tools uals at the perimeter before they reach of our national well-being, our identity they need to make informed decisions. our continent, and to work with Can- as a Nation, and our strength in to- It also provides for a temporary system ada and Mexico to coordinate these ef- day’s world. In defending America, we until the President’s plan is fully im- forts. are also defending the fundamental plemented. We must also strengthen our ability constitutional principles that have We must require all airlines to elec- to monitor foreign nationals in the made America strong in the past and tronically transmit passenger lists to United States. In 1996, Congress en- will make us even stronger in the fu- destination airports in the United acted legislation mandating the devel- ture. States, so that once planes have land- opment of an automated entry/exit Our action must strike a careful bal- ed, law enforcement authorities can control system to record the entry of ance between protecting civil liberties intercept passengers who are on federal every non-citizen arriving in the U.S., and providing the means for law en- lookout lists. United States airlines al- and to match it with the record of de- forcement to identify, apprehend and ready do this, but some foreign airlines parture. Although the technology is detain potential terrorists. It makes no do not. Our legislation requires all air- currently available for such a system, sense to enact reforms that severely lines and all other vessels to transmit it has not been put in place because of limit immigration into the United passenger manifest information prior the high costs involved. Our legislation States. ‘‘Fortress America,’’ even if it to their arrival in the United States. builds on the anti-terrorism bill and could be achieved, is an inadequate and provides greater direction to the INS When planes land at our airports, in- ineffective response to the terrorist for implementing the entry/exit sys- spectors are under significant time threat. tem. constraints to clear the planes and en- Enforcement personnel at our ports We must improve the ability of for- sure the safety of all departing pas- of entry are a key part of the battle eign service officers to detect and sengers. Our legislation removes the against terrorism, and we must provide intercept potential terrorists before existing 45 minute deadline, and pro- them with greater resources, training, they arrive in the U.S. Most foreign na- vides inspectors with adequate time to and technology. These men and women tionals who travel here must apply for clear and secure aircraft. have a significant role in the battle visas at American consulates overseas. In 1996, Congress established a pro- against terrorism. This legislation will Traditionally, consular officers have gram to collect information on non-im- ensure that they receive adequate pay, concentrated on interviewing appli- migrant foreign students and partici- can hire necessary personnel, are well- cants to determine whether they are pants in exchange programs. Although trained to identify individuals who likely to violate their visa status. Al- a pilot phase of this program ended in pose a security threat, have access to though this review is important, con- 1999, a permanent system has not yet important intelligence information, sular officers must also be trained spe- been implemented. Congress enacted and have the technologies they need to cifically to screen for security threats. provisions in the recent anti-terrorism enhance border security and facilitate Terrorist lookout committees will be bill for the quick and effective imple- cross-border commerce. established in every U.S. consular mis- mentation of this system by 2003, but The Immigration and Naturalization sion abroad in order to focus the atten- Service must be able to retain highly gaps still exist. This legislation will in- tion of our consular officers on specific crease the data collected by the moni- skilled immigration inspectors. Our threats and provide essential critical legislation provides incentives to im- toring program to include the date of national security information to those entry, the port of entry, the date of migration inspectors by providing responsible for issuing visas and updat- them with the same benefits as other school enrollment, and the date the ing the lookout database. student leaves the school. It requires law enforcement personnel. This legislation will help restrict the Department of State and INS to Expanding the use of biometric tech- visas to foreign nationals from coun- monitor students who have been given nology is critical to securing our bor- tries that the Department of State has visas, and to notify schools of their ders. This legislation authorizes the determined are sponsors of terrorism. entry. It also requires a school to no- funding needed to bring our ports of It prohibits issuing visas to individuals entry into the biometric age and equip from countries that sponsor terrorism, tify the INS if a student does not actu- them with biometric data readers and unless the Secretary of State has de- ally report to the school. scanners. termined that the person is not a secu- INS regulations provide for regular We must expand the use of biometric rity threat. reviews of over 26,000 educational insti- border crossing cards. The time frame The current Visa Waiver Program, tutions authorized to enroll foreign previously allowed for individuals to which allows individuals from partici- students. However, inspections have

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.072 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12249 been sporadic in recent years. This leg- Enhanced Border Security and Visa post and that consular officers be given islation will require INS to monitor in- Entry Reform Act of 2001 represents an special training for identifying would- stitutions on a regular basis. If institu- earnest, thoughtful, and bipartisan ef- be terrorists. It also provides special tions fail to comply with these and fort to refine our immigration laws and training to border patrol agents, in- other requirements, they can lose their institutions to better combat the evil spectors, and foreign service officers to ability to admit foreign students. In that threatens our Nation. better identify terrorists and security addition, this legislation provides for This legislation recognizes that the threats to the Unites States. Moreover, an interim system until the program war on terrorism is, in large part, a to help the Service retain its most ex- established by the 1996 law is imple- war of information. To be successful, perienced people on the borders, this mented. we must improve our ability to collect, bill provides the Service with increased As we work to achieve stronger compile, and utilize information crit- flexibility in pay, certain benefit in- tracking systems, we must also re- ical to our safety and national secu- centives, and the ability to hire nec- member that the vast majority of for- rity. This bill requires that the agen- essary support staff. eign visitors, students, and workers cies tasked with screening visa appli- Finally, this legislation considers who overstay their visas are not crimi- cants and applicants for admission, certain classes of aliens that raise se- nals or terrorists. It would be wrong namely the Department of State and curity concerns for our country: na- and unfair, without additional informa- the Immigration and Naturalization tionals from states that sponsor ter- tion, to stigmatize them. Service, be provided with the necessary rorism and foreign students. With re- The USA Patriot Act was an impor- law enforcement and intelligence infor- spect to the former, this bill expressly tant part of the effort to improve im- mation that will enable these agencies prohibits the State Department from migration security, but further action to identify alien terrorists. By direct- issuing a nonimmigrant visa to any is needed. This legislation is a needed ing better coordination and access, this alien from a country that sponsors ter- bipartisan effort to strengthen the se- legislation will bring together the rorism until it has been determined curity of our borders and enhance our agencies that have the information and that the alien does not pose a threat to ability to prevent future terrorist at- those that need it. With input from the the safety or national security of the tacks, while also reaffirming our tradi- Office of Homeland Security, this bill United States. With respect to the lat- tion as a Nation of immigrants. I urge will make prompt and effective infor- ter, this legislation would fill data and my colleagues to support it. mation-sharing between these agencies reporting gaps in our foreign student Mr. BROWNBACK. Mr. President, the a reality. programs by requiring the Service to terrorist attacks of September 11 have In complement to the USA PATRIOT electronically monitor every stage in unsettled the public’s confidence in our Act, this legislation provides for nec- the student visa process. It would also Nation’s security and have raised con- essary improvements in the tech- require the school to report a foreign cerns about whether our institutions nologies used by the State Department student’s failure to enroll and the are up to the task of intercepting and and the Service. It provides funding for Service to monitor schools’ compliance thwarting would-be terrorists. Given the State Department to better inter- with this reporting requirement. that the persons responsible for the at- face with foreign intelligence informa- While we must be careful not to com- tacks on the World Trade Center and tion and to better staff its infrastruc- promise our values or our economy, we the Pentagon came from abroad, our ture. It also provides the Service with must take intelligent, immediate steps citizens understandably ask how these guidance on the implementation of the to enhance the security of our borders. people entered the United States and Integrated Entry and Exit Data Sys- This legislation would implement what can be done to prevent their kind tem, pointing the Service to such tools many changes that are vital to our war from doing so again. Clearly, our immi- as biometric identifiers in immigration on terrorism. I therefore urge my col- gration laws and policies are instru- documents, machine readable visas and leagues to support it. Mrs. FEINSTEIN. Mr. President, I mental to the war on terrorism. While passports, and arrival-departure and am pleased to join Senators KENNEDY, the battle may be waged on several security databases. BROWNBACK, and KYL in introducing fronts, for the man or woman on the To the degree that we can realisti- the Enhanced Border Security and Visa street, immigration is in many ways cally do so, we should attempt to inter- Entry Reform Act of 2001. We submit the front line of our defense. cept terrorists before they reach our this legislation with 16 sponsors. The immigration provisions in the borders. Accordingly, we must consider This legislation represents a con- anti-terrorist bill passed earlier this security measures not only at domestic sensus, drawing upon the strengths of month, the USA PATRIOT Act of 2001, ports of entry but also at foreign ports both the Visa entry Reform Act of 2001, represent an excellent first step toward of departure. To that end, this legisla- which I introduced with my colleague improving our border security, but we tion directs the State Department and from Arizona, Senator KYL, and the must not stop there. Our Nation re- the Service, in consultation with Office Enhanced border Security Act of 2001, ceives millions of foreign nationals of Homeland Security, to examine, ex- which Senators KENNEDY and each year, persons who come to the pand, and enhance screening proce- BROWNBACK introduced. United States to visit family, to do dures to take place outside the United I believe the legislation we are intro- business, to tour our sites, to study and States, such as preinspection and ducing today will garner widespread learn. Most of these people enter law- preclearance. It also requires inter- support from our colleagues on both fully and mean us well. They are our national air carriers to transmit pas- sides of the aisle. relatives, our friends, and our business senger manifests for pre-arrival review September 11 clearly pointed out the partners. They are good for our econ- by the Service. Further, it eliminates shortcomings of the immigration and omy and, as witnesses to our democ- the 45-minute statutory limit on air- visa system. For example: All 19 ter- racy and our way of life, become our port inspections, which many feel com- rorist hijackers entered the U.S. le- ambassadors of good will to their home promises the Service’s ability to screen gally with valid visas. Three of the hi- countries. arriving flights properly. Finally, since jackers had remained in the U.S. after However, the unfortunate reality is we should ultimately look to expand their visas had expired. One entered on that a fraction of these people mean us our security perimeter to include Can- a foreign student visa. Another, Mo- harm, and we must take intelligent ada and Mexico, this bill requires these hammed Atta had filed an application measures to keep these people out. For agencies to work with our neighbors to to change status to M–1, which was that reason, I am pleased to introduce create a collaborative North American granted in July. However, Mr. Atta today, along with my colleagues Sen- Security Perimeter. sought admission and was admitted to ator KENNEDY, Senator KYL, Senator While this legislation mandates cer- the United States based on his then FEINSTEIN, Senator HATCH, Senator tain technological improvements, it current B–1 visitor visa. LEAHY, and others, legislation that does not ignore the human element in Most people don’t realize how many looks specifically toward strength- the security equation. This bill re- people come into our country; how lit- ening our borders and better equipping quires that ‘‘terrorist lookout commit- tle we know about them; and whether the agencies that protect them. The tees’’ be instituted at each consular they leave when required.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.074 pfrm04 PsN: S30PT1 S12250 CONGRESSIONAL RECORD — SENATE November 30, 2001 Consider the following: The Visa more than 4.5 million ‘‘smart’’ border iting access to this database to author- Waiver Program: 23 million people crossing cards with biometric data, the ized Federal officials. And the bill con- from 29 different countries; no visas; technology is not even used. tains severe penalties for wrongful ac- little scrutiny; no knowledge where Personally, I am astonished that a cess or misuse of information con- they go in the U.S. or whether they person can apply for a visa and granted tained in the database. leave once their visas expire. The INS a visa by the State Department, and Second, this legislation includes con- estimates that over 100,000 blank pass- that there is no mechanism by which crete steps to restore integrity to the ports have been stolen from govern- the FBI or CIA can raise a red flag with immigration and visa process. includ- ment offices in participating countries regard to the individual if he or she is ing the following: The legislation in recent years. known to have links to terrorist groups would require all foreign nationals to Abuse of the VISA Waiver Program or otherwise pose a threat to national be fingerprinted and, when appropriate, poses threats to U.S. national security security. submit other biometric data, to the and increases illegal immigration. For In the wake of September 11, it is un- State Department when applying for example, one of the co-conspirators in conscionable that a terrorist might be visa. This provision should help elimi- the World Trade Center bombing of 1993 permitted to enter the U.S. simply be- nate fraud, as well as identify potential deliberately chose to use a fraudulent cause our government agencies don’t threats to the country before they gain Swedish passport to attempt entry into share information. access. the U.S. because of Sweden’s participa- Indeed, what we have discovered in We include reforms of the visa waiver tion in the Visa Waiver Program. the aftermath of the September 11 ter- program, so that any country wishing Foreign Student Visa Program: more rorist attacks was that the perpetra- to participate in that program must than 500,000 foreign nationals entering tors of these attacks had a certain con- begin to provide its citizens with tam- each year; within the last 10 years, fidence that our immigration laws per-proof, machine-readable passports. 16,000 came from such terrorist sup- could be circumvented where nec- The passports must contain biometric porting states as Iran, Iraq, Sudan, essary. data by October 26, 2003, to help verify Libya, and Syria. The terrorists did not have to steal identity at U.S. ports of entry. The foreign student visa system is into the country as stowaways on sea Prior to admitting a foreign visitor one of the most under-regulated sys- vessels, or a border-jumpers evading from a visa waiver country, the INS in- tems we have today. We’ve seen bribes, federal authorities. Most, if not all, ap- spector must first determine that the bureaucracy, and other problems with peared to have come in with temporary individual does not appear in any this system that leave it wide open to visas, which are routinely granted to ‘‘lookout’’ databases. abuse by terrorists and other crimi- tourists, students, and other short- In addition, the INS would be re- nals. term visitors to the U.S. quired to enter stolen passport num- For example, in the early 1990s, five Let me talk about the legislation bers in the interoperable data system officials at four California colleges, that I cosponsored with Senators KEN- within 72 hours after receiving notifi- were convicted of taking bribes, pro- NEDY, BROWNBACK, and KYL. cation of the loss or theft of a passport. viding counterfeit education docu- First, a key component of this solu- We would establish a robust biomet- ments, and fraudulently applying for tion is the creation of an interoperable ric visa program. By October 26, 2003, more than 100 foreign student visas. data system that allows the Depart- newly issued visas must contain bio- It is unclear what steps the INS took ment of State, the INS, and other rel- metric data and other identifying in- to find and deport the foreign nationals evant Federal agencies to obtain crit- formation, like more than 4 million al- involved in this scheme. ical information about foreign nation- ready do on the Southwest border, and, Each year, we have 300 million border als who seek entry into or who have just as importantly, our own officials crossings. For the most part, these in- entered the United States. at the border and other ports of entry dividuals are legitimate visitors to our Right now, our government agencies must have the equipment necessary to country. We currently have no way of use different systems, with different in- read the new biometric cards. tracking all of these visitors. formation, in different formats. And We worked closely with the univer- Mohamed Atta, the suspected ring- they often refuse to share that infor- sity community in crafting new, strict leader of the attack, was admitted as a mation with other agencies within our requirements for the student visa pro- non-immigrant visitor in July 2001. He own government. This is not accept- gram to crack down on fraud, make traveled freely to and from the U.S. able. sure that students really are attending during the past 2 years and was, ac- When a terrorist presents himself at classes, and give the government the cording to the INS, in ‘‘legal status’’ a consular office asking for a visa, or ability to track any foreign national the day of the attack. Other hijackers at a border crossing with a passport, we who arrives on a student visa but fails also traveled with ease throughout the need to make sure that his name and to enroll in school. country. identifying information is checked The legislation prohibits the issuance It has become all too clear that with- against an accurate, up-to-date, and of a student visa to any citizen of a out an adequate tracking system, our comprehensive database. Period. country identified by the State Depart- country becomes a sieve, creating The Enhanced Border Security and ment as a terrorist-supporting nation. ample opportunities for terrorists to Visa Entry Reform Act would require There is a waiver provision to this pro- enter and establish their operations the creation of this interoperable data hibition, however, allowing the State without detection. system, and will require the coopera- Department to allow students even I sit as the Chair of the Judiciary tion of all U.S. government agencies in from these countries in special cases. Committee’s Subcommittee on Tech- providing accurate and compatible in- We require that airlines and nology, Terrorism and Government In- formation to that system. cruiseliners provide passenger and crew formation. Last month, we held a hear- In addition, the interoperable data manifests to immigration officials be- ing on the need for new technologies to system would include sophisticated, fore arrival, so that any potential ter- assist our government agencies in linguistically-based, name-matching rorists or other wrongdoers can be sin- keeping terrorists out of the United algorithms so that the computers can gled out before they arrive in this States. recognize that ‘‘Muhamad Usam Abdel country and disappear among the gen- The testimony at that hearing was Raqeeb’’ and ‘‘Haj Mohd Othman Abdul eral populace. very illuminating. We were given a pic- Rajeeb,’’ are transliterations of the The bill contains a number of other ture of an immigration system in same name. In other words, this provi- related provisions as well, but the gist chaos, and a border control system rife sion would require agencies to ensure of the legislation is this: Where we can with vulnerabilities. Agency officials that names can be matched even when provide law enforcement more informa- don’t communicate with each other. they are stored in different sets of tion about potentially dangerous for- Computers are incompatible. And even fields in different databases. eign nationals, we do so. Where we can in instances here technological leaps Incidentally, this legislation also reform our border-crossing system to have been made, like the issuance of contains strict privacy provisions, lim- weed out or deter terrorists or others

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.038 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12251 who would do us harm, we do so. And We must do everything we can to deadline for providing for a way to where we can update technology to deter the terrorists, here and abroad, compare biometric information pre- meet the demands of the modern war who would do us harm from Oklahoma sented at the border is also October 26, against terror, we do that as well. City to downtown Manhattan, we have 2003. As we prepare to modify our immi- learned just how high the stakes are. It Another provision of the bill will fur- gration system, we must be sure to would dishonor the innocent victims of ther strengthen the ability of the U.S. enact changes that are realistic and September 11 and the brave men and Government to prevent terrorists from feasible. We must also provide the nec- women of our armed forces who are de- using our ‘‘Visa Waiver Program’’ to essary tools to implement them. fending our liberty at this very in- enter the country. Under our bill, the Our Nation will be no more secure to- stant, if we flag or fail in this effort. 29 participating Visa Waiver nations morrow if we create new top-of-the line I urge my colleagues to support us on will, in addition to the USA Patriot databases and do not see to it that gov- this legislation. Act Visa Waiver reforms, be required ernment agencies use them to share Mr. KYL. Mr. President, today, Sen- to report stolen passport numbers to and receive critical information. ators KENNEDY, BROWNBACK, FEINSTEIN the State Department; otherwise, a na- We will be no safer tomorrow if we do and I join together to introduce the tion is prohibited from participating in not create a workable entry-exit track- Enhanced Border Security and Visa the program. In addition, our bill clari- ing system to ensure that terrorists do Entry Reform Act of 2001. This bill rep- not enter the U.S. and blend into our fies that the Attorney General must resents the merging of counter-ter- enter stolen passport numbers into the communities without detection. rorism legislation recently introduced And we will be no safer if we simply interoperable data system within 72 by Senator FEINSTEIN and I and sepa- hours of notification of loss or theft. authorize new programs and informa- rately by Senators KENNEDY and tion sharing, but do not provide the re- Until that system is established, the BROWNBACK. This bipartisan, stream- Attorney General must enter that in- sources necessary to put the new tech- lined product, cosponsored by both the nology at the border, train agents ap- formation into any existing data sys- chairman and ranking Republican of tem. propriately, and require our various the Senate Judiciary Committee, will Another section of our bill will make government agencies to cooperate in significantly enhance our ability to a significant difference in our efforts to this effort. keep terrorists out of the United We have a lot to do but I am con- stop terrorists from ever entering our States and find terrorists who are here. fident that we will move swiftly to ad- country. Passenger manifests on all I also want to reiterate my apprecia- dress these important issues. The legis- flights scheduled to come to the United tion to Senators KENNEDY, FEINSTEIN, lation Senators KENNEDY, BROWNBACK, States must be forwarded in real-time, and BROWNBACK, and especially to their KYL, and I introduce today is an impor- and then cleared, by the Immigration staffmembers, for their hard work and tant, and strong, first step. But this is and Naturalization Service prior to the cooperation in developing this bill. I only the beginning of a long, difficult flight’s arrival. All cruise and cargo am hopeful that we can work together process. lines and cross-border bus lines will toward the bill’s passage, and signature In closing, I would like to respond to also have to submit such lists to the into law, before the 107th Congress ad- concerns that this bill is ‘‘anti-immi- INS. Our bill also removes a current grant.’’ We are a nation of immigrants. journs for the year. Last month the President signed into U.S. requirement that all passengers Indeed, the overwhelming percentage on flights to the United States be of the people who come to live in this law anti-terrorism legislation that will provide many of the tools necessary to cleared by the INS within 45 minutes of country do so to enjoy the blessings of arrival. Clearly, in some cir- liberty, equality, and opportunity. The keep terrorists out of the United States, and to detain those terrorists cumstances, the INS will need more overwhelming percentage of the people time to clear all prospective entrants who visa this country mean us no who have entered our country. These tools, while all important, will be sig- to the United States. These simple harm. steps will give appropriate officials ad- But there are several thousand inno- nificantly enhanced by the bill we in- troduce today. vance notice of foreigners coming into cent people, including foreign nation- the country, particularly visitors or als, who were killed on September 11 in Under the Border Security and Visa Entry Reform Act of 2001, the Home- immigrants who pose security threats part because a network of fanatics de- to the United States. termined to wreak death, destruction, land Defense director will be respon- The Border Security and Visa Entry and terror exploited weaknesses in our sible for the coordination of Federal Reform Act will also provide much immigration system to come here, to law enforcement and intelligence com- needed reforms and requirements in stay here, to study here, and to kill munities, the Departments of Trans- our U.S. foreign student visa program, here. portation, State, Treasury, and all We learned at Oklahoma City that other relevant agencies to develop and which has allowed numerous foreigners not all terrorists are foreign nationals. implement a comprehensive, interoper- to enter the country without ever at- But the world is a dangerous place, and able electronic data system for these tending classes and, for those who do there are peopled and regimes that governmental agencies to find and attend class, with lax or no oversight would destroy us if they had the keep out terrorists. That system will of such students by the Federal Gov- chance. be up and running by October 26, 2003, ernment. Our bill will change that, and We are all casualties of September 11. 2 years after the signing into law of the will require that the State Department Our society has necessarily changed as USA Patriot Act. within 4 months, with the concurrence our perception of the threats we face Under our bill, terrorists will be de- of the Department, maintain a com- has changed. The scales have fallen prived of the ability to present fake or puter database with all relevant from our eyes. altered international documents in infromation about foreign students. It is unfortunate that we need to ad- order to gain entrance, or stay here. In the past decade, more than 16,000 dress the vulnerabilities in our immi- Foreign nationals will be provided with people have entered the United States gration system that September 11 pain- new travel documents, using new tech- on student visas from states included fully revealed. The changes we need to nology that will include a person’s fin- on the Government’s list of terrorist make in that system will inconven- gerprint(s) or other form of ‘‘biomet- sponsors. Notwithstanding that Syria ience people. We can ‘‘thank’’ the ter- ric’’ identification. These cards will be is one of the countries on the list, the rorists for that. used by visitors upon exit and entry State Department recently issued visas Once implemented, however, those into the United States, and will alert to 14 Syrian nationals so that they changes will make it easier for law- authorities immediately if a visa has could attend flight schools in Fort abiding foreign to visit or study here, expired or a red flag is raised by a fed- Worth, TX. United States educational and for law-abiding immigrants who eral agency. Under our bill, any foreign institutions will be required to imme- want to live here. More important, passport or other travel document diately notify the INS when a foreign once they are here, their safety, and issued after October 26, 2003 will have student violates the term of the visa by ours, will be greatly enhanced. to contain a biometric component. The failing to show up for class or leaving

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.039 pfrm04 PsN: S30PT1 S12252 CONGRESSIONAL RECORD — SENATE November 30, 2001 school early. Our legislation will pre- By Mr. HOLLINGS (for himself, a criminal background check prior to vent most persons from obtaining stu- Mr. MCCAIN, Mr. BREAUX, and being issued a commercial drivers li- dent visas if they come from terrorist- Mr. SMITH of Oregon): cense (CDL). That requirement became supporting states such as Iran, Iraq, S. 1750. A bill to make technical cor- effective upon the enactment of that Sudan, Libya, and Syria, unless the rections to the hazmat provisions of law in October. Secretary of State and Attorney Gen- the USA PATRIOT Act; to the Com- Since the passage of the USA PA- eral determine that such applicants do mittee on Commerce, Science, and TRIOT Act, we have worked to address not pose a threat to the safety or na- Transportation. the concerns raised by all interested tional security of the United States. Mr. HOLLING. Mr. President, today I parties involved in this issue, including For the first time since the War of join with my colleagues Senators the administration, the States, public 1812, the United States has faced a MCCAIN, BREAUX, and SMITH in intro- safety officials, commercial motor ve- massive attack from foreigners on our ducing the Hazmat Endorsements Re- hicle drivers, and motor carriers. While own soil. Every one of the terrorists quirement Act. We introduce this legis- everyone has supported the concept of who committed the September 11 lation today to improve the implemen- performing background checks, it has atrocities were foreign nationals who tation and effectiveness of Section 1012 not yet been implemented because the had entered the United States legally of H.R. 3162, The Uniting and Strength- infrastructure for conducting back- through our visa system. None of them ening America by Providing Appro- ground checks does not exist. We be- should have been allowed entry due to priate Tools Required to Intercept and lieve the provisions contained in this their ties to terrorist organizations, Obstruct Terrorism, (USA PATRIOT), legislation will aid the administration, and yet even those whose visas had ex- Act of 2001, [Public Law 107–56], en- the State licensing agencies, and all in- pired were not expelled. acted on October 26, 2001. terested parties by providing a clear Mohamed Atta, for example, the sus- The legislation we are introducing understanding of the requirements as- pected ringleader of the attacks, was today primarily addresses technical sociated with granting a license per- allowed into the United States on a corrections to Section 1012 of the USA mitting a driver to transport hazardous tourist visa, even though he made clear PATRIOT Act. Due to procedural cargo. his intentions to go to flight school agreements, the Senate consideration Senator BREAUX chaired a hearing on while in the United States. Clearly, at of H.R. 3162 did not provide for any October 10, 2001, on bus and truck secu- the very least, he should have been amendments. I did however, engage in rity and hazardous materials licensing queried about why he was using his a colloquy with Chairman LEAHY to for commercial drivers. Of particular tourist visa to attend flight school. state my concerns with section 1012 concern were reports that terrorists Another hijacker, Hani Hanjour, was and my desire to address my concerns may have been seeking licenses to here on a student visa that had expired over substance, scope and procedure in drive trucks with hazardous materials. as of September 11. Hani Hanjour never subsequent legislation. The changes in On October 4, 2001, a Federal grand jury attended class. In addition, at least legislation assume continuation of the in Pittsburgh indicted 16 people on two other visitor visa-holders over- basic framework of section 1012 requir- charges of fraudulently obtaining com- stayed their visa. In testimony before ing that one, States request security mercial driver’s licenses, including li- the Terrorism subcommittee of which I am the ranking member, U.S. officials checks from the Attorney General for censes to haul hazardous materials. have told us that they possess little in- driver license applicants who would Other incidents include a report that in formation about foreigners who come transport certain hazardous materials; September the Federal Bureau of In- into this country, how many there are, second, the Attorney General conduct vestigation, FBI, arrested a man, Nabil and even whether they leave when re- checks of relevant information systems Al-Marabh, linked to an associate of quired by their visas. and then provide the results to the De- Osama bin Laden, who had a hazardous America is a nation that welcomes partment of Transportation; and third, materials drivers license. Al-Marabh international visitors, and should re- the Department of Transportation no- had a commercial driver’s license main so. But terrorists have taken ad- tify requesting States whether appli- issued by the State of Michigan.. That vantage of our system and its open- cants pose a security threat. license, issued on September 11, 2000, ness. Now that we face new threats to Our bill does the following: clarifies allowed Al-Marabh to operate vehicles our homeland, it is time we restore the definition of hazardous materials weighing 100,000 pounds or more. Addi- some balance to our consular and im- and gives the Secretary the ability to tionally, Al-Marabh obtained what is migration policies. expand the list as national security called an ‘‘endorsement’’ the same day As former chairman and now ranking issues require; defines disqualifying of- that allowed him to transport haz- Republican of the Judiciary Commit- fenses that would result in the denial ardous materials. He took a test and tee’s Terrorism Subcommittee, I have of a hazardous materials endorsement; paid the fee to obtain that endorse- long suggested, and strongly supported, provides for an appeals process in the ment. many of the anti-terrorism and immi- event an individual is denied a haz- During that hearing, many options gration initiatives now being advo- ardous materials endorsement based on for increasing the security of haz- cated by Republicans and Democrats the results of a background check; ex- ardous materials shipments were dis- alike. In my sadness about the over- tends the requirement for background cussed, including requiring background whelming and tragic events that took checks to Canadian and Mexican driv- checks for drivers of commercial vehi- thousands of precious lives, I am re- ers who drive commercial vehicles car- cles carrying hazardous materials. As solved to push forward on all fronts to rying hazardous materials in the chairman, I am committed to working fight against terrorism. That means United States; establishes penalties for with Senators MCCAIN, BREAUX, and delivering justice to those who are re- fraudulently issued or obtained li- SMITH to introduce a more comprehen- sponsible for the lives lost on Sep- censes; and requires the Department of sive legislative proposal next year tember 11, and reorganizing the insti- transportation to report back to the which will reauthorize the Hazardous tutions of government so that the law- Congress on security improvements Materials Transportation Act, HMTA. abiding can continue to live their lives that can be made in the transport of Reauthorization of the HMTA address- in freedom. It is extremely important hazardous materials. es training, emergency response, safety that we pass the Border Security and Approximately 10 million drivers and security concerns for all move- Visa Entry Reform Act before we ad- have commercial drivers licenses and ments of hazardous materials. journ for the year. To all of the Sen- almost 2.5 million of those drivers have Annually, more than four billion tons ators who worked on this bill, includ- hazardous materials endorsements. The of hazardous materials, an estimated ing Senators KENNEDY, FEINSTEIN, law has not required criminal back- 800,000 hazardous materials shipments BROWNBACK, and HATCH, SNOWE, CANT- ground checks for applicants seeking daily, are transported by land, sea, and WELL, BOND, SESSIONS, THURMOND and CDLs. However, section 1012 of the USA air in the United States. While haz- others I again want to express my ap- PATRIOT Act now requires any driver ardous materials transportation in- preciation. This bill will make a dif- of a commercial motor vehicle who voices all transportation modes, truck ference. transports hazardous materials to have transport typically accounts for the

VerDate 11-MAY-2000 03:39 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.071 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12253 majority of all hazardous materials terials endorsement for a commercial driv- ‘‘(3) SECRETARY TO NOTIFY STATE.—After shipments, although the tonnage trans- er’s license to any individual authorizing making the determination required by sub- ported is more equally divided between that individual to operate a commercial section (b)(1), the Secretary of Transpor- truck and rail. motor vehicle transporting a hazardous ma- tation shall promptly notify the State of the There are 3.12 million tractor-trailer terial in commerce unless the Secretary of determination. Transportation has determined that the indi- ‘‘(d) REPORTING REQUIREMENT.—Each State drivers in the United States. The entire vidual does not pose a security risk war- shall submit to the Secretary of Transpor- trucking industry employs more than 9 ranting denial of the endorsement or license. tation, at such time and in such manner as million people. Trucks annually trans- Each State shall implement a program under the Secretary may prescribe, such informa- port 6 billion tons of freight, rep- which a background records check is tion as the Secretary may require, con- resenting 63 percent of the total domes- requested— cerning each individual to whom the State tic tonnage shipped. There are 540,000 ‘‘(1) whenever a commercial driver’s li- issues a hazardous materials endorsement for a commercial driver’s license. trucking companies in the U.S., and 80 cense with a hazardous materials endorse- ment is to be issued, renewed, upgraded, or ‘‘(e) RESTRICTIONS ON USE AND MAINTE- percent of those have 20 or fewer NANCE OF INFORMATION.— transferred; and trucks. The types of vehicles carrying ‘‘(1) FOIA NOT TO APPLY.—Information ob- ‘‘(2) periodically (as prescribed by the Sec- tained by the Attorney General or the Sec- hazardous materials on the Nation’s retary by regulations) for all other individ- retary of Transportation under this section highways range from cargo tank trucks uals holding a commercial driver’s license may not be made available to the public to conventional tractor-trailers and with a hazardous materials endorsement. flatbeds that carry large portable tank under section 552 of title 5, United States ‘‘(b) DETERMINATION OF SECURITY RISK.— Code. containers. ‘‘(1) IN GENERAL.—An individual may not In 2000, there were 17,347 hazardous ‘‘(2) CONFIDENTIALITY.—Any information be denied a hazardous materials endorsement other than criminal acts or offenses consti- materials incidents related to trans- for a commercial driver’s license under sub- tuting grounds for disqualification under portation in the United States, 14,861 section (a) unless the Secretary determines subsection (b)(1) shall be maintained con- via highway transportation. These in- that individual— fidentially by the Secretary and may be used cidents are mostly minor releases of ‘‘(A) in the 10-year period ending on the only for making determinations under this chemicals; only 244 incidents caused in- date of the background investigation, was section. convicted (or found not guilty by reason of juries, and there were 13 deaths. ‘‘(f) RENEWAL WAIVER FOR BACKGROUND insanity) of an offense described in section CHECK DELAYS.—The Secretary shall provide Since the events of September 11, 44936(b)(1)(B) of this title (disregarding the 2001, a number of legislative proposals a waiver for State compliance with the re- matter in clause (xiv)(IX) after ‘1 year,’); quirements of subsection (a) for renewals to have been introduced to address ter- ‘‘(B) is described in section 175b(b)(2) of the extent necessary to avoid the interrup- rorism and the prevention of terrorist title 18, United States Code; or tion of service by a license holder while a acts within the United States. I am ‘‘(C) may be denied admission to the background check is being completed. pleased to report that the Commerce United States or removed from the United ‘‘(g) DEFINITIONS.—In this section: Committee has addressed security con- States under subclause (IV), (VI), or (VII) of ‘‘(1) HAZARDOUS MATERIALS.—The term cerns in a bipartisan manner in all section 212(a)(3)(B)(i) of the Immigration and ‘hazardous material’ means— Nationality Act (8 U.S.C. 1182(a)(3)). modes of transportation. On November ‘‘(A) a substance or material designated by ‘‘(2) MITIGATING CIRCUMSTANCES.—In mak- the Secretary under section 5103(a) of this 19, 2001, the President signed into law ing a determination under paragraph (1), the title for which the Secretary requires S. 1447, the Aviation Security Act, P.L. Secretary shall give consideration to the cir- placarding of a commercial motor vehicle 107–71. On August 2, 2001, the Commerce cumstances of any disqualifying act or of- transporting it in commerce; and Committee favorably reported S. 1214, fense, restitution made by the individual, ‘‘(B) a substance or material, including a the Port and Maritime Security Act, Federal and State mitigation remedies, and substance or material on the Centers for Dis- and on October 17, 2001, the Commerce other factors from which it may be con- ease Control’s list of select agents, des- Committee unanimously approved S. cluded that the individual does not pose a se- ignated as a hazardous material by the Sec- 1550, the Rail Security Act. Both of curity risk warranting denial of the license retary under procedures to be established by or endorsement. these measures are awaiting consider- the Secretary. ‘‘(3) APPEALS PROCESS.—The Secretary ‘‘(2) ALIEN.—The term ‘alien’ has the ation by the Senate. shall establish an appeals process under this meaning given the term in section 101(a)(3) This legislation which addresses the section for individuals found to be ineligible of the Immigration and Nationality Act (8 important issue of the safety of haz- for a hazardous materials endorsement for a U.S.C. 1101(a)(3)).’’. ardous materials transportation on our commercial driver’s license that includes no- (b) ENFORCEMENT.—Section 31311(a) of title Nation’s highways. This legislation tice and an opportunity for a hearing. 49, United States Code, is amended by adding should be considered as soon as pos- ‘‘(c) BACKGROUND RECORDS CHECK.— at the end the following: sible. We must ensure the hazardous ‘‘(1) IN GENERAL.—Upon the request of a ‘‘(21) The State shall comply with the re- materials transported over our Na- State regarding issuance of a hazardous ma- quirements of section 31318.’’. terials endorsement for a commercial driv- (c) CONFORMING AMENDMENTS.— tion’s roads are carried by qualified (1) Section 31305(a)(5)(C) of title 49, United drivers. Our legislation accomplishes er’s license to an individual, the Attorney General shall— States Code, is amended by striking ‘‘section this in a manner that provides clear ‘‘(A) conduct a background records check 5103a’’ and inserting ‘‘section 31318’’. and consistent requirements for licens- regarding the individual; (2) The chapter analysis for chapter 313 is ing with minimum bureaucratic red ‘‘(B) take appropriate criminal enforce- amended by adding at the end the following: tape and delay in the issuance of li- ment action required by information devel- ‘‘31318. Limitation on issuance of hazmat li- censes to eligible drivers. oped or obtained in the course of the back- censes’’. I would request that the text of this ground check; and (3) Chapter 51 of title 49, United States bill be printed in the RECORD. ‘‘(C) upon completing the background Code, is amended— There being no objection, the bill was records check, notify the Secretary of Trans- (A) by striking section 5103a; and ordered to be printed in the RECORD, as portation of the completion and results of (B) by striking the item in the chapter follows: the background records check. analysis relating to section 5103a. ‘‘(2) SCOPE.—A background records check (4) Section 1012(c) of the USA PATRIOT S. 1750 regarding an individual under this sub- Act of 2001 is amended by striking ‘‘section Be it enacted by the Senate and House of Rep- section shall consist of the following: 5103a’’ and inserting ‘‘section 31318’’. resentatives of the United States of America in ‘‘(A) A check of the relevant criminal his- (d) EFFECTIVE DATE.— Congress assembled, tory data bases. (1) IN GENERAL.—The amendments made by SECTION 1. SHORT TITLE. ‘‘(B) In the case of an alien, a check of the this section shall take effect on October 26, This Act may be cited as the ‘‘Hazmat En- relevant data bases to determine the status 2001. dorsement Requirements Act’’. of the alien under the immigration laws of (2) LIMIT ON RETROACTIVITY.—Notwith- SEC. 2. LIMITATION ON ISSUANCE OF HAZMAT LI- the United States. standing paragraph (1), no enforcement ac- CENSES. ‘‘(C) As appropriate, a check of the rel- tion shall be taken against a State under (a) IN GENERAL.—Chapter 313 of title 49, evant international data bases through section 31311 (a) (21) of title 49, United States United States Code, is amended by adding at Interpol-U.S. National Central Bureau or Code, for any act committed, or failure to the end the following: other appropriate means. act that occurred, in violation of that sec- ‘‘§ 31318. Issuance, renewal, upgrade, trans- ‘‘(D) Review of any other national secu- tion before the effective date of the interim fer, and periodic check of hazmat licenses rity-related information or data base identi- final rule prescribed by the Secretary of ‘‘(a) IN GENERAL.—A State may not issue, fied by the Attorney General for purposes of Transportation under section 31318 of title renew, upgrade, or transfer a hazardous ma- such a background records check. 49, United States Code.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.031 pfrm04 PsN: S30PT1 S12254 CONGRESSIONAL RECORD — SENATE November 30, 2001 (3) INTERIM FINAL RULE AUTHORITY.—The and develop prioritized recommendations dress Section 1012 of the USA PA- Secretary of Transportation shall issue an for— TRIOT Act, enacted October 26, 2001. interim final rule as a temporary regulation (A) improving the security of hazardous Today’s bill is designed to fill in a few under section 31318 of title 49, United States materials shipments by motor carriers, in- of the gaps of the new law with respect Code, as soon as practicable after the date of cluding shipper responsibilities; enactment of this Act without regard to the (B) using biometrics or other identification to commercial drivers licenses and haz- provisions of chapter 5 of title 5, United systems to improve the security of motor ardous materials endorsements and to States Code. The Secretary shall initiate a carrier transportation; provide guidance to the Department of rulemaking in accordance with such provi- (C) technological advancements in the area Transportation and the States on how sions as soon as practicable after the date of of information access and transfer for the to implement the new requirements. enactment of this Act. The final rule issued purpose of identifying the location of hazmat The safe transport of hazardous ma- pursuant to that rulemaking shall supersede shipments and facilitating the availability of terials is of critical importance to both the interim final rule promulgated under safety and security information; and our nation’s economy and public safe- this paragraph. (D) reducing other significant security re- ty. The events of September 11 have led SEC. 3. PROHIBITION ON OPERATING WITHOUT lated risks to public safety and interstate PROPER HAZMAT ENDORSEMENT OR commerce, taking into account the impact to an even greater awareness of the ne- LICENSE. that any proposed security measure might cessity of ensuring hazardous cargo is (a) IN GENERAL.—Chapter 313 of title 49, have on the provision of motor carrier trans- transported in a manner that provides United States Code, is further amended by portation. the highest level of safety and security adding at the end the following: (2) EXISTING PRIVATE AND PUBLIC SECTOR possible. This bill would help improve ‘‘§ 31319. Prohibition on unauthorized trans- EFFORTS.—The assessment shall include a re- the safety and security of hazardous portation of hazardous materials view of any actions already taken to address materials transported on our roads and identified security issues by both public and ‘‘(a) IN GENERAL.—Notwithstanding any highways by ensuring the driver of private entities. provision of law, treaty, or international such loads is not a risk to national se- agreement to the contrary, after the effec- (b) CONSULTATION; USE OF EXISTING RE- SOURCES.—In carrying out the assessment re- curity. tive date of the interim final rule promul- Annually, more than four billion tons gated by the Secretary of Transportation quired by subsection (a), the Secretary under section 2(d)(3) of the Hazmat Endorse- shall— of hazardous materials, an estimated ment Requirements Act, no individual may (1) consult with operators, drivers, safety 800,000 hazardous materials shipments operate a commercial motor vehicle trans- advocates, and public safety officials (includ- daily, are transported by land, sea, and porting a hazardous material in commerce in ing officials responsible for responding to air in the United States. While haz- the United States without a hazardous mate- emergencies); and ardous materials transportation in- (2) utilize, to the maximum extent feasible, rials endorsement or a license authorizing volves all transportation modes, truck that individual to operate a commercial the resources and assistance of the Transpor- tation Research Board of the National Acad- transport typically accounts for the motor vehicle transporting a hazardous ma- majority of all hazardous materials terial in commerce— emy of Sciences. ‘‘(1) issued by a State in accordance with (c) REPORT.— shipments, although the tonnage trans- the requirements of section 31318 of this (1) CONTENTS.—Within 180 days after the ported is more equally divided between title; or date of enactment of this Act, the Secretary truck and rail. The types of vehicles ‘‘(2) issued by the government of Canada or shall transmit to the Senate Committee on carrying hazardous materials on the Mexico, or a political subdivision thereof, Commerce, Science, and Transportation and nation’s highways range from cargo the House of Representatives Committee on after a background check that is the same tank trucks to conventional tractor- as, of substantially similar to, the back- Transportation and Infrastructure a report, without compromising national security, trailers and flatbeds that carry large ground check required by section 31318. portable tank containers. The shipped ‘‘(b) PENALTY.—The Secretary shall by reg- containing— ulation prescribe the penalty for violation of (A) the assessment and prioritized rec- materials are used in thousands of subsection (a).’’. ommendations required by subsection (a); commercial manufactured products (b) CONFORMING AMENDMENT.—The chapter (B) any proposals the Secretary deems ap- and they include: chlorine for water analysis for chapter 313 is amended by add- propriate for providing Federal financial, treatment; ammonia for fertilizers; ing at the end the following: technological, or research and development plastics; home siding materials; bat- to assist carriers and shippers in reducing ‘‘31319. Prohibition on unauthorized trans- the likelihood, severity, and consequences of tery casings; leather finishes; fire- portation of hazardous mate- deliberate acts of crime or terrorism toward proofing agents for textiles; and, motor rials’’. motor carrier employees, shipments, or prop- vehicle gasoline. SEC. 4. PENALTY FOR FRAUDULENT ISSUANCE erty; and The hazardous materials industry OR RENEWAL OF COMMERCIAL (C) data on the number of shipments and has a notable safety record, in large DRIVER’S LICENSE. type of hazardous materials for which (a) IN GENERAL.—Chapter 313 of title 49, part due to the safety efforts of the in- placarding is required for transport by motor United States Code, is further amended by dividuals and companies involved in carriers in the United States, including the adding at the end the following: transporting hazardous materials. On transport of hazardous materials shipments average, only 10 to 15 fatalities are at- ‘‘§ 31320. Penalty for fraudulent issuance, re- by Canadian or Mexican motor carriers with newal, upgrade, or transfer of commercial authority to enter into the United States. tributed annually to releases of haz- driver’s license. (2) FORMAT.—The Secretary may submit ardous materials in transportation. ‘‘Any person who knowingly issues, ob- the report in both classified and redacted The Commercial Motor Vehicle Safe- tains, or knowingly facilitates the issuance, formats if the Secretary determines that ty Act of 1986 was enacted in an effort renewal, upgrade, transfer, or obtaining of, a such action is appropriate or necessary. to ensure that drivers of large trucks commercial driver’s license or an endorse- SEC. 6. STUDY. and buses are qualified to operate such ment for a commercial driver’s license know- The Secretary of Transportation shall con- vehicles and to remove unsafe and un- ing the license or endorsement to have been duct research and operational testing to de- qualified drivers from the highways. wrongfully issued or obtained, or issued, re- termine the feasibility, costs, and benefits of newed, upgraded, transferred, or obtained The 1986 Act, which created the Com- requiring motor carriers transporting cer- mercial Driver’s License Program, re- through the submission of false information tain high-risk hazardous materials, as deter- or the intentional withholding of required mined by the Secretary, to install ignition tained the state’s right to issue a driv- information is guilty of a Class E felony pun- or engine locking devices, silent alarms, sat- er’s license, but established minimum ishable by a fine, imprisonment, or both as ellite technology, or other mechanisms to in- national standards which states must provided in title 18, United States Code.’’. crease the security associated with the meet when licensing commercial motor (b) CONFORMING AMENDMENT.—The chapter transportation of such shipments by motor vehicle, CMV, drivers. analysis for chapter 313 is amended by add- carriers. The Secretary may conduct a pilot The CDL program places require- ing at the end the following: program to assess such devices. ments on the CMV driver, the employ- ‘‘31320. Penalty for fraudulent issuance of re- Mr. MCCAIN. Mr. President, I am ing motor carrier and the States. Driv- newal of commercial driver’s li- cense’’. pleased to join with Senators HOL- ers who operate special types of vehi- LINGS, BREAUX, and SMITH in intro- cles or who transport passengers or SEC. 5. MOTOR CARRIER SECURITY REPORT. (a) IN GENERAL.— ducing the Hazmat Endorsements Re- hazardous materials need to pass addi- (1) IN GENERAL.—The Secretary of Trans- quirement Act. The legislation we are tional tests to obtain specific endorse- portation shall assess the security risks as- introducing today is in large part a ments to permit such transport on sociated with motor carrier transportation technical correction proposal to ad- their CDL.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.025 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12255 Since 1986, over 10.5 million drivers 2001. This legislation will effectively, sultation with industry, with the con- have obtained a CDL, and almost 2.5 and in a straightforward way, address a sumers of insurance products and with million of those drivers have received crisis before us. the insurance companies. It has been hazardous materials endorsements. The The crisis of which I speak is, like a put together in close consultation with law has not required criminal back- tidal wave, currently away from the the White House and the Treasury De- ground checks for applicants seeking shore. Its movement is little noticed partment, and it enjoys their support. CDLs. However, section 1012 of the USA until it reaches the shore, when its This bill will not create any new, for- PATRIOT Act now requires any driver consequences will be disastrous. That ever government program. It is short of a commercial motor vehicle who is, the consequences will be disastrous term in structure and intent. It is lim- transports hazardous materials to have unless we prepare for them now. This ited in its extent. It is designed to a criminal background check prior to legislation will do that. force the insurance industry to develop being issued a commercial drivers li- Tidal waves are started by major its own capacity to handle this new cense, CDL. That requirement became seismic, earth shaking events. The risk in a shortened period of time. effective upon the enactment of that earth shaking event that set this tidal From our discussions with the indus- law in October. wave in motion took place on Sep- try, with the state regulators, with in- Both Senator HOLLINGS and I strong- tember 11. Our Nation has responded surance consumers, we believe that the ly support the intent of the back- admirably to the very visible problems industry will be up to the task. ground check requirement. Unfortu- caused by that day. We need to act just Central to our proposal is that this nately, the Senate Commerce, Science, as admirably and effectively to address legislation would not provide one and Transportation Committee, with this hidden wave. penny of federal assistance to the in- jurisdiction over the CDL program and This hidden wave nearing our shores surance industry. No insurance com- hazardous materials transportation, is the unavailability to terrorism risk pany will get a penny out of this pro- did not have an opportunity to offer insurance, an unavailability that will gram. All of the benefits of this pro- our recommendations to the provision strike a little more than one month gram would go to victims of terrorist in the USA PATRIOT Act due to proce- from now. Already we are receiving activities. dural agreements at the time that leg- signs from all across the country that The structure of our program is, for a islation was approved by the Senate. terrorism risk insurance is becoming two-year period that may be extended Therefore, the measure we are intro- increasing hard to get, in many cases it by the Secretary of the Treasury for ducing today provides technical modi- is not available at all even today. That only one additional year, to divide the fications to section 1012 and would en- is because insurance companies have to terrorism risk with industry. We say to sure the Department of Transpor- be able to estimate and measure risk in industry, here, you take the first risk. tation, the States, and the drivers of order to be able to provide for it, in It is all yours. But we will define what commercial motor vehicles have a very order to be able to spread the risk, and that initial risk is so that you can clear direction with respect to the re- to do that so that the insurance is af- price it. We will put limits on it. We quirements associated with a haz- fordable. Right now, in the short term, will, for the period of this program, ardous materials endorsement. they cannot do that. If they cannot do take over the currently unknown risk, Through Senator HOLLINGS leader- that, they cannot offer the coverage the cataclysmic risk, while you de- ship, we have sought input on this without jeopardizing the solvency of velop the means for dealing with that issue from all interested parties, in- their companies and the value of all new risk as well, as the industry al- cluding the administration, the states, their other insurance policies. ways has. public safety officials, commercial I want to make it clear that the Under our program, in the first two motor vehicle drivers, and motor car- problem before us is not one of the years, the industry has sole responsi- riers. We believe the provisions con- weakness of our insurance industry. It bility for the first $10 billion of risk tained in this legislation will aid the is a strong and vibrant industry. The from terrorist events. The industry administration and all interested par- industry needs no help, no bail out, no then has ten percent of the risk above ties by providing a clear understanding government assistance. And our bill that to encourage them to manage and of the requirements associated with would not give them any assistance, become familiar with managing the granting a license permitting a driver not one penny. Our bill addresses the catastrophic risk, while the Federal to transport hazardous cargo. needs of the insurance customers, the Government will carry ninety percent I urge my colleagues’ timely consid- customers who, without this short of that catastrophic risk. If a third eration of this important legislation. term program, will not be able to find year is added, then the industry will We should take expeditious action to affordable insurance coverage against have the sole responsibility for the ensure the hazardous materials trans- terrorism risks. first $20 billion of risk. ported over our nation’s roads is pro- What does that mean for the econ- I believe that this is the most effec- vided by qualified drivers. This must be omy? It means that without insurance, tive way not only to deal with this accomplished in a manner that pro- banks will not make loans where there tidal wave approaching our shores but vides clear and consistent require- is an uncovered risk, a risk that what in fact to ward it off. The program is ments for licensing with minimum bu- they are lending the money for might simple and understandable. The pro- reaucratic red tape and delay in the be destroyed or harmed by a terrorist. gram does not have the victims of ter- issuance of licenses to eligible drivers. It means that simple, ordinary, every- rorism paying any extra premiums to day business transactions that rely the government for the coverage pro- By Mr. GRAMM (for himself, Mr. upon the security of underlying insur- vided by the government. We don’t ENZI, Mr. BENNETT, Mr. ance coverage will not take place. That make the suffering pay yet again. But BUNNING, and Mr. ALLARD): means that, without this legislation, we also do not expose the taxpayer to S. 1751. A bill to promote the sta- come January 1 and the weeks leading liability for frivolous lawsuits that bilization of the economy by encour- up to it a brand new weight will be might follow a terrorist event. aging financial institutions to continue placed upon our economic recovery just With the Federal Government pro- to support economic development, in- as it starts to get going. viding this insurance benefit, we do not cluding development in urban areas, Will the insurance industry be able also want to open the Treasury doors through the provision of affordable in- to figure out how to price this cov- to frivolous or predatory litigation. surance coverage against acts of ter- erage? Yes. But history tells us that But these limitations are narrow, and rorism, and for other purposes; to the they will not figure it out right away. they are limited to the life of the pro- Committee on Banking, Housing, and It will take a few months, maybe a gram. They end when the Federal pro- Urban Affairs. couple of years. gram ends. The limitations are similar Mr. GRAMM. Mr. President, today I The legislation we are introducing to the limitations in place today am joined by Senators ENZI, BENNETT, today is a program that will work to against lawsuits brought against the BUNNING, and ALLARD, in introducing solve this problem in the mean time. It federal government. We cannot expose the Terrorism Risk Insurance Act of has been put together in close con- the taxpayer to punitive damages at

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.026 pfrm04 PsN: S30PT1 S12256 CONGRESSIONAL RECORD — SENATE November 30, 2001 the same time that he is providing gen- (1) protect consumers by addressing mar- pany’’ means any insurance company, in- erous assistance to the victims of ter- ket disruptions and ensure the continued cluding any subsidiary or affiliate thereof rorism. widespread availability and affordability of (A) that— There are a few things that we need property and casualty insurance for ter- (i) is licensed or admitted to engage in the rorism risk; and business of providing primary insurance in to do before adjournment of the Con- (2) allow for a transitional period for the any State; or gress this year. I believe that this leg- private markets to stabilize, resume pricing (ii) is not so licensed or admitted, if it is islation, that addresses this very seri- of such insurance, and build capacity to ab- an eligible surplus line carrier listed on the ous problem, should be on that sort list sorb any future losses, while preserving Quarterly Listing of Alien Insurers of the of things that we need to do. State insurance regulation and consumer National Association of Insurance Commis- I ask that the text of the bill and a protections. sioners, or any successor thereto; summary of its highlights be printed in SEC. 3. DEFINITIONS. (B) that offers in all of its property and casualty insurance policies, coverage for in- the RECORD. In this Act, the following definitions shall apply: sured losses; There being no objection, the mate- (C) that offers property and casualty insur- rial was ordered to be printed in the (1) ACT OF TERRORISM.— (A) CERTIFICATION.—The term ‘‘act of ter- ance coverage for insured losses that does RECORD, as follows: rorism’’ means any act that is certified by not differ materially from the terms, S. 1751 the Secretary, in concurrence with the Sec- amounts, and other coverage limitations ap- Be it enacted by the Senate and House of Rep- retary of State, and the Attorney General of plicable to losses arising from events other resentatives of the United States of America in the United States— than acts of terrorism; and Congress assembled, (i) to be a violent act or an act that is dan- (D) that meets any other criteria that the Secretary may reasonably prescribe. SECTION. 1. SHORT TITLE. gerous to— (I) human life; (5) PERSON.—The term ‘‘person’’ means any This Act may be cited as the ‘‘Terrorism individual, business or nonprofit entity (in- Risk Insurance Act of 2001’’. (II) property; or (III) infrastructure; cluding those organized in the form of a SEC. 2. CONGRESSIONAL FINDINGS AND PUR- (ii) to have resulted in damage within the partnership, limited liability company, cor- POSE. United States, or outside of the United poration, or association), trust or estate, or (a) FINDINGS.—The Congress finds that— States in the case of an air carrier described a State or political subdivision of a State or (1) property and casualty insurance firms in paragraph (3)(A)(ii); and other governmental unit. are important financial institutions, the (iii) to have been committed by an indi- (6) PROGRAM.—The term ‘‘Program’’ means products of which allow mutualization of vidual or individuals acting on behalf of any the Terrorism Insured Loss Shared Com- risk and the efficient use of financial re- foreign person or foreign interest, as part of pensation Program established by this Act. sources and enhance the ability of the econ- an effort to coerce the civilian population of (7) SECRETARY.—The term ‘‘Secretary’’ omy to maintain stability, while responding the United States or to influence the policy means the Secretary of the Treasury. to a variety of economic, political, environ- or affect the conduct of the United States (8) STATE.—The term ‘‘State’’ means any mental, and other risks with a minimum of Government by coercion. State of the United States, the District of disruption; (B) LIMITATION.—No act or event shall be Columbia, the Commonwealth of Puerto (2) the ability of businesses and individuals certified by the Secretary as an act of ter- Rico, the Commonwealth of the Northern to obtain property and casualty insurance at rorism if— Mariana Islands, American Samoa, Guam, reasonable and predictable prices, in order to (i) the act or event is committed in the and each of the United States Virgin Islands. spread the risk of both routine and cata- course of a war declared by the Congress; or (9) UNITED STATES.—The term ‘‘United strophic loss, is critical to economic growth, (ii) losses resulting from the act or event, States’’ means all States of the United urban development, and the construction in the aggregate, do not exceed $5,000,000. States. and maintenance of public and private hous- (C) DETERMINATIONS FINAL.—Any certifi- SEC. 4. TERRORISM INSURED LOSS SHARED COM- ing, as well as to the promotion of United cation of, or determination not to certify, an PENSATION PROGRAM. States exports and foreign trade in an in- act or event as an act of terrorism under this (a) ESTABLISHMENT OF PROGRAM.— creasingly interconnected world; paragraph shall be final, and shall not be (1) IN GENERAL.—There is established in the (3) the ability of the insurance industry to subject to judicial review. Department of the Treasury the Terrorism cover the unprecedented financial risks pre- (2) BUSINESS INTERRUPTION COVERAGE.—The Insured Loss Shared Compensation Program. sented by potential acts of terrorism in the term ‘‘business interruption coverage’’— (2) AUTHORITY OF THE SECRETARY.—Not- United States can be a major factor in the (A) means coverage of losses for temporary withstanding any other provision of State or recovery from terrorist attacks, while main- relocation expenses and ongoing expenses, Federal law, the Secretary shall administer taining the stability of the economy; including ordinary wages, where— the Program, and shall pay the Federal share (4) widespread financial market uncertain- (i) there is physical damage to the business of compensation for insured losses in accord- ties have arisen following the terrorist at- premises of such magnitude that the busi- ance with subsection (c). tacks of September 11, 2001, including the ab- ness cannot open for business; (b) CONDITIONS FOR FEDERAL PAYMENTS.— sence of information from which financial (ii) there is physical damage to other prop- No payment may be made by the Secretary institutions can make statistically valid es- erty that totally prevents customers or em- under subsection (c), unless— timates of the probability and cost of future ployees from gaining access to the business (1) a policyholder that suffers an insured terrorist events, and therefore the size, fund- premises; or loss, or a person acting on behalf of that pol- ing, and allocation of the risk of loss caused (iii) the Federal, State, or local govern- icyholder, files a claim with a participating by such acts of terrorism; ment shuts down an area due to physical or insurance company; (5) a decision by property and casualty in- environmental damage, thereby preventing (2) at the time of offer, purchase, and re- surers to deal with such uncertainties, either customers or employees from gaining access newal of each policy covering an insured by terminating property and casualty cov- to the business premises; and loss, the participating insurance company erage for losses arising from terrorist events, (B) does not include lost profits, other than provides, as soon as practicable following the or by radically escalating premium coverage in the case of a small business concern (as date of enactment of this Act, clear and con- to compensate for risks of loss that are not defined in section 3 of the Small Business spicuous disclosure in the policy to the pol- readily predictable, could seriously hamper Act (15 U.S.C. 632) and applicable regulations icyholder of the premium charged for insured ongoing and planned construction, property hereunder) in any case described in clause losses covered by the Program and the Fed- acquisition, and other business projects, gen- (i), (ii), or (iii) of subparagraph (A). eral share of compensation for insured losses erate a dramatic increase in rents, and oth- (3) INSURED LOSS.—The term ‘‘insured under the Program; erwise suppress economic activity; and loss’’— (3) the participating insurance company (6) the United States Government should (A) means any loss resulting from an act of processes the claim for the insured loss in provide temporary financial compensation to terrorism that is covered by any type of accordance with its standard business prac- insured parties, contributing to the sta- commercial or personal property and cas- tices, and any reasonable procedures that bilization of the United States economy in a ualty insurance policy or endorsement, in- the Secretary may prescribe; and time of national crisis, while the financial cluding business interruption coverage, (4) the participating insurance company services industry develops the systems, issued by a participating insurance company submits to the Secretary, in accordance with mechanisms, products, and programs nec- if such loss— such reasonable procedures as the Secretary essary to create a viable financial services (i) occurs within the United States; or may establish— market for private terrorism risk insurance. (ii) occurs to an air carrier (as defined in (A) a claim for payment of the Federal (b) PURPOSE.—The purpose of this Act is to section 40102 of title 49, United States Code), share of compensation for insured losses establish a temporary Federal program that regardless of where the loss occurs; and under the Program; provides for a transparent system of shared (B) does not include any loss covered by (B) written verification and certification— public and private compensation for insured any type of life or health insurance policy. (i) of the underlying claim; and losses resulting from acts of terrorism in (4) PARTICIPATING INSURANCE COMPANY.— (ii) of all payments made to policyholders order to— The term ‘‘participating insurance com- for insured losses; and

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(C) certification of its compliance with the of insured losses to be paid by participating (c) FINDING REQUIRED.—A determination provisions of this subsection. insurance companies and the Federal share under subsection (a) to extend the Program (c) SHARED INSURANCE LOSS COVERAGE.— of compensation for insured losses under the shall be based on a finding by the Secretary (1) FEDERAL SHARE.—Subject to the limita- Program; that— tions in paragraph (2), the Federal share of (3) the Federal share of compensation for (1) widespread market uncertainties con- compensation under the Program, to be paid insured losses will be paid under the Pro- tinue to disrupt the ability of insurance by the Secretary, shall be— gram, including payments based on esti- companies to price insurance coverage for (A) for insured losses resulting from an act mates of or actual aggregate insured losses; losses resulting from acts of terrorism, of terrorism occurring during the period be- (4) the Secretary may, at any time, seek thereby resulting in the continuing unavail- ginning on the date of enactment of this Act repayment from or reimburse any partici- ability of affordable insurance for con- and ending on December 31, 2002, 90 percent pating insurance company, based on esti- sumers; and of the aggregate amount of all such losses in mates of insured losses under the Program, (2) extending the Program for an addi- excess of $10,000,000,000; to effectuate the insured loss sharing sched- tional year would likely encourage economic (B) for insured losses resulting from an act ule and limitations contained in section 4; stabilization and facilitate a transition to a of terrorism occurring during the period be- (5) participating insurance companies that viable market for private terrorism risk in- ginning on January 1, 2003 and ending on De- incur insured losses shall pay their pro rata surance. cember 31, 2003, 90 percent of the aggregate share of insured losses in accordance with (d) CONTINUING AUTHORITY TO PAY OR AD- amount of all such losses in excess of the schedule and limitations contained in JUST COMPENSATION.—Following the termi- $10,000,000,000; and section 4; and nation of the Program under subsection (a), (C) if the Program is extended in accord- (6) the Secretary will determine any final the Secretary may take such actions as may ance with section 6, for insured losses result- netting of payments for actual insured losses be necessary to ensure payment, reimburse- ing from an act of terrorism occurring dur- under the Program, including payments ment, or adjustment of compensation for in- ing the period beginning on January 1, 2004 owed to the Federal Government from any sured losses arising out of any act of ter- and ending on December 31, 2004, 90 percent participating insurance company and any rorism occurring during the period in which of the aggregate amount of all such losses in Federal share of compensation for insured the Program was in effect under this Act and excess of $20,000,000,000. losses owed to any participating insurance as to which a determination has been made (2) CAP ON ANNUAL LIABILITY.—Notwith- company, to effectuate the insured loss shar- in accordance with the provisions of section standing paragraph (1), or any other provi- ing schedule and limitations contained in 4 and regulations promulgated thereunder. sion of Federal or State law, if the aggregate section 4. (e) STUDY AND REPORT ON SCOPE OF THE insured losses exceed $100,000,000,000 during (c) SUBROGATION RIGHTS.—The United PROGRAM.— any period referred to in subparagraphs (A) States shall have the right of subrogation (1) STUDY.—The Secretary, after consulta- and (B) of paragraph (1) (or the period re- with respect to any payment made by the tion with the National Association of Insur- ferred to in subparagraph (C) of paragraph (1) United States under the Program. ance Commissioners, representatives of the if the Program is extended in accordance (d) CONTRACTS FOR SERVICES.—The Sec- insurance industry, and other experts in the with section 6)— retary may employ persons or contract for insurance field, shall conduct a study of the (A) the Secretary shall not make any pay- services as may be necessary to implement potential effects of acts of terrorism on the ment under this Act for any portion of the the Program. availability of life insurance and other lines amount of such losses that exceeds (e) CIVIL PENALTIES.—The Secretary may of insurance coverage. $100,000,000,000; and assess civil money penalties for violations of (2) REPORT.—Not later than 1 year after (B) participating insurance companies this Act or any rule, regulation, or order the date of enactment of this Act, the Sec- shall not be liable for the payment of any issued by the Secretary under this Act relat- retary shall submit a report to the Congress portion of the amount that exceeds ing to the submission of false or misleading on the results of the study conducted under $100,000,000,000. information for purposes of the Program, or paragraph (1). (3) NOTICE TO CONGRESS.—The Secretary any failure to repay any amount required to SEC. 7 PRESERVATION OF STATE LAW. shall notify the Congress if estimated or ac- be reimbursed under regulations or proce- Nothing in this Act shall affect the juris- tual aggregate insured losses exceed dures described in section 5(b). The authority diction or regulatory authority of the insur- $100,000,000,000 in any period described in granted under this subsection shall continue ance commissioner (or any agency or office paragraph (1), and the Congress shall deter- during any period in which the Secretary’s performing like functions) of any State over mine the procedures for and the source of authority under section 6(d) is in effect. any participating insurance company or any such excess payments. SEC. 6. TERMINATION OF PROGRAM; DISCRE- other person— (4) FINAL NETTING.—The Secretary shall TIONARY EXTENSION. (1) except as specifically provided in this have sole discretion to determine the time at (a) TERMINATION OF PROGRAM.— Act; and which claims relating to any insured loss or (1) IN GENERAL.—The Program shall termi- (2) except that— act of terrorism shall become final. nate, on December 31, 2003, unless the (A) the definition of the term ‘‘act of ter- (5) DETERMINATIONS FINAL.—Any deter- Secretary— rorism’’ in section 3 shall be the exclusive mination of the Secretary under this sub- (A) determines, after considering the re- definition for purposes of compensation for section shall be final, and shall not be sub- port and finding required by this section, insured losses under this Act, and shall pre- ject to judicial review. that the Program should be extended for one empt any provision of State law that is in- (d) FUNDING.— additional year, until December 31, 2004; and consistent with that definition, to the extent (1) PAYMENT AUTHORITY.—This Act con- (B) promptly notifies the Congress of such that such provision of law would otherwise stitutes payment authority in advance of ap- determination and the reasons therefore. apply to any insurance policy relating to ter- ETERMINATION FINAL.—The determina- propriation Acts and represents the obliga- (2) D rorism risk in the United States; tion of the Secretary under paragraph (1) tion of the Federal Government to provide (B) during the period beginning on the date shall be final, and shall not be subject to ju- for the Federal share of compensation for in- of enactment of this Act and ending on De- dicial review. sured losses under the Program. cember 31, 2002, rates for terrorism risk in- (3) TERMINATION AFTER EXTENSION.—If the (2) AUTHORIZATION OF APPROPRIATIONS.— surance covered by this Act and filed with Program is extended under paragraph (1), There are authorized to be appropriated to any State shall not be subject to prior ap- this Act is repealed, and the Program shall the Secretary such sums as may be nec- proval or a waiting period, under any law of terminate, on December 31, 2004. essary to pay the administrative expenses of a State that would otherwise be applicable, (b) REPORT TO CONGRESS.—Not later than except that nothing in this Act affects the the Program. 18 months after the date of enactment of this SEC. 5. GENERAL AUTHORITY AND ADMINISTRA- ability of any State to invalidate a rate as Act, the Secretary shall submit a report to excessive, inadequate, or unfairly discrimi- TION OF CLAIMS. Congress— (a) GENERAL AUTHORITY.—The Secretary natory; and (1) regarding— (C) during the period beginning on the date shall have the powers and authorities nec- (A) the availability of insurance coverage of enactment of this Act and for so long as essary to carry out the Program, including for acts of terrorism; authority— (B) the affordability of such coverage, in- the Program is in effect as provided in Sec- (1) to investigate and audit all claims cluding the effect of such coverage on pre- tion 6 (including any period during which the under the Program; and miums; and Secretary’s authority under Section 6(d) is (2) to prescribe regulations and procedures (C) the capacity of the insurance industry in effect), books and records of any partici- to implement the Program. to absorb future losses resulting from acts of pating insurance company shall be provided, (b) INTERIM RULES AND PROCEDURES.—The terrorism, taking into account the profit- or caused to be provided, to the Secretary or Secretary shall issue interim final rules or ability of the insurance industry; and his designee upon request by the Secretary procedures specifying the manner in which— (2) that considers— or his designee notwithstanding any provi- (1) participating insurance companies may (A) the impact of the Program on each of sion of the laws of any State prohibiting or file, verify, and certify claims under the Pro- the factors described in paragraph (1); and limiting such access. gram; (B) the probable impact on such factors SEC. 8. SENSE OF THE CONGRESS. (2) the Secretary shall publish or otherwise and on the United States economy if the It is the sense of the Congress that the in- publicly announce the applicable percentage Program terminates on December 31, 2003. surance industry should build capacity and

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.075 pfrm04 PsN: S30PT1 S12258 CONGRESSIONAL RECORD — SENATE November 30, 2001 aggregate risk to provide affordable property (g) OFFSET—In determining the amount of that provides a temporary public-pri- and casualty coverage for terrorism risk. money damages available under this section, vate partnership for terrorism insur- SEC. 9. PROCEDURES FOR CIVIL ACTIONS. the court shall offset any compensation or ance in the wake of the September 11 (a) FEDERAL CAUSE OF ACTION.—There shall benefits received or entitled to be received attacks. This bill provides a joint part- exist a Federal cause of action for property by the plaintiff or plaintiffs from any collat- nership between insurance companies damage, personal injury, or death arising out eral source, including the United States or any Federal agency thereof, in response to or and the Federal Government for the of or resulting from an act of terrorism, next 3 years in cases of terrorist at- which shall be the exclusive cause of action as a result of the act of terrorism. and remedy for claims for property damage, (h) EFFECTIVE PERIOD.—This section shall tacks. personal injury, or death arising out of or re- apply only to actions for property damage, September 11 has proven to be the sulting from an act of terrorism. All State personal injury, or death arising out of or re- most expensive disaster to ever take causes of action of any kind for property sulting from acts of terrorism that occur place on American soil. With cost esti- damage, personal injury, or death otherwise during the effective period of the Program, mates ranging from $40 to $60 billion, available arising out of or resulting from an including, if applicable, any extension period the attacks have drained the capital act of terrorism, are hereby preempted, ex- under section 6. reserves of some of the largest insur- cept as provided in subsection (f). SEC. 10. REPEAL OF THE ACT. ance companies in the world. In addi- (b) GOVERNING LAW.—The substantive law This Act shall be repealed at the close of tion, as we know all too well, the risk business on the termination date of the Pro- for decision in an action for property dam- for future attacks is very high. In the age, personal injury, or death arising out of gram under section 6(a), but the provisions or resulting from an act of terrorism under of this section shall not be construed as pre- absence of this legislation, the insur- this section shall be derived from the law, in- venting the Secretary from taking, or caus- ance industry would be unable to pay cluding applicable choice of law principles, ing to be taken, such actions under sections the potentially extraordinary costs, of the State, or States determined to be re- 4(c)(4), (5), sections 5(a)(1), (c), (e), section and the Federal Government would quired by the district court assigned under 6(d), and section 9(d) of this Act and applica- likely be responsible for the entire subsection (c), unless such law is incon- ble regulations promulgated thereunder. costs. This is preemptive legislation. sistent with or otherwise preempted by Fed- Further, the provisions of this section shall I believe this legislation strikes the eral law. not be construed as preventing the avail- right balance between what the respon- (c) FEDERAL JURISDICTION.— ability of funding under section 4(d) during any period in which the Secretary’s author- sibilities should be between the insur- (1) IN GENERAL.—Notwithstanding any ance industry and the Federal Govern- other provision of law, not later than 90 days ity under section 6(d) is in effect. after the occurrence of an act of terrorism, ment. In each of the first 2 years, the the Judicial Panel on Multidistrict Litiga- KEY PROVISIONS OF THE TERRORISM RISK insurance industry is responsible for tion shall assign a single Federal district INSURANCE ACT OF 2001 the first $10 billion of any attack. By court to conduct pretrial and trial pro- All property and casualty policyholders placing a $10 billion initial retention ceedings in all pending and future civil ac- are covered, including those insured under for the insurance industry, we ensure tions for property damage, personal injury, workers compensation policies and those that the Federal Government does not or death arising out of or resulting from that with business interruption coverage. get involved unless it is absolutely nec- act of terrorism. Federal tax dollars will be paid as com- essary. (2) SELECTION CRITERIA.—The Judicial pensation to insured victims of terrorist at- tacks, not to insurance companies. After that, we agree the Federal Gov- Panel on Multidistrict Litigation shall se- ernment should pay 90 percent of the lect and assign the district court under para- The insurance industry would fully cover graph (1) based on the convenience of the losses arising from certified acts of ter- remaining costs up to a $100 billion parties and the just and efficient conduct of rorism, up to $10 billion in each year. The threshold. After the first 2 years, the the proceedings. government will provide compensation for 90 Secretary of the Treasury will decide (3) JURISDICTION.—The district court as- percent of losses exceeding $10 billion, with whether the industry is prepared to signed by the Judicial Panel on Multidistrict the insurance industry continuing to pay for once again begin offering this type of Litigation shall have original and exclusive 10 percent of the losses. coverage. If he believes they are not The program is temporary, expiring after jurisdiction over all actions under paragraph prepared, he may extend the program (1). For purposes of personal jurisdiction, the two years. The Treasury Secretary has the option to extend the program for one addi- for 1 additional year. district court assigned by the Judicial Panel This legislation also includes special on Multidistrict Litigation shall be deemed tional year. to sit in all judicial districts in the United The Secretary of the Treasury, in concur- provisions for small businesses which States. rence with the Secretary of State and the might be affected by terrorist attacks. (4) TRANSFER OF CASES FILED IN OTHER FED- Attorney General, will determine whether an A small business that is located in a ERAL COURTS.—Any civil action for property event qualifies as a terrorist attack. building that is destroyed requires dif- damage, personal injury, or death arising out In order for property and casualty insurers ferent treatment than a global corpora- of or resulting from an act of terrorism that to participate in the program, insurers are tion. Whereas a large, multinational required to offer terrorism coverage to all of is filed in a Federal district court other than corporation has offices all over the the Federal district court assigned by the their policyholders under terms that are con- sistent with their other property and cas- world with different lines of revenue, a Judicial Panel on Multidistrict Litigation small business could be eliminated by a under paragraph (1) shall be transferred to ualty policies. Insurance companies are required to dis- the Federal district court so assigned. single incident that would likely de- close to customers which portion of their (5) REMOVAL OF CASES FILED IN STATE stroy all their equipment, possibly kill premiums they are paying for terrorism risk COURTS.—Any civil action for property dam- personnel, and virtually make it im- coverage, apart from other property and cas- age, personal injury, or death arising out of possible for the business to continue. ualty coverages. or resulting from an act of terrorism that is Careful, narrow restrictions on lawsuit li- This bill allows for small businesses to filed in a State court shall be removable to ability are included to protect taxpayer recover lost profits and receive funding the Federal district court assigned by the funds from being exposed to opportunistic, for business interruptions due to an at- Judicial Panel on Multidistrict Litigation predatory assaults on the U.S. Treasury. tack. under paragraph (1). The State system of insurance regulation I am sure that many of my col- (d) APPROVAL OF SETTLEMENTS.—Any set- is preserved with very few exceptions. First, leagues have heard from their State in- tlement between the parties of a civil action the definition of an ‘‘act of terrorism’’ under described in this section for property dam- surance regulators the same as I have. the bill will become the definition in every My State insurance commissioner in- age, personal injury, or death arising out of state. Also, the small number of states that or resulting from an act of terrorism shall be forms me that few, if any, of the new require pre-approval of rate will be re- policies being submitted for next year’s subject to prior approval by the Secretary strained from doing so far terrorism risk after consultation with the Attorney Gen- coverage during the first year. This does not, coverage offer terrorism insurance. eral. however, preempt a state insurance With insurance being primarily regu- (e) LIMITATION ON DAMAGES.—Punitive or regulatory’s ability to review and revise the lated by the States, this has caused a exemplary damages shall not be available in rates once they are in effect. Finally, the backlog of filings from being approved any civil action subject to this section. Secretary of the Treasury would have access and paperwork is quickly accumulating (f) CLAIMS AGAINST TERRORISTS.—Nothing to the books and records of participating in- at the State level. We must act quickly in this section shall in any way limit the surers in all States. ability of any plaintiff to seek any form of to alleviate this backlog that will lead recovery from any person, government or Mr. ENZI. Mr. President, today I join to uncertainty in the marketplace. other entity that was a participant in, or with Senators GRAMM, BUNNING, and The legislation also includes very aider and abettor of, any act of terrorism. BENNETT in introducing legislation targeted liability provisions. These

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.077 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12259 provisions are extremely narrow and women now represent the fastest grow- Federal support for microbicide re- directed only at this specific program. ing group of new HIV infections in the search is crucial. Numerous small bio- Without these limitations, we would United States. AIDS is the fourth lead- technology companies and university open the Federal Government’s check- ing cause of death among women aged researchers are actively engaged in book to every trial lawyer in America, 25 to 44 in this country. Unfortunately, microbicide research, but they are al- and the American taxpayers would I have seen the devastation that this most totally dependent on public-sec- have unlimited liability. The trial law- disease is having on women, as New tor grants to continue their work and yers were committed to not pursuing Jersey has the Nation’s fourth highest to test their products. Existing public frivolous claims that resulted from HIV/AIDS infection rate among sector grants for microbicides, how- September 11, and I certainly hope that women, and the second highest infec- ever, are too small and too short-term they would continue their commitment tion rate among all adults. to move product leads forward. Accord- if America is attacked again. Despite this growing trend, however, ing to the Alliance for Microbicide De- In closing, I would only like to add there exists absolutely no HIV or STD velopment and other health advocates, that I believe the insurance industry prevention method that is within a in order to bring a microbicide to mar- should be commended for the way in woman’s personal control. Condom use ket within the next 5 years, current which they’ve handled the September must be negotiated with a partner. We Federal investments in microbicide re- 11 crisis. Despite losing many employ- are all aware that for too many search should be increased to $75 mil- women, particularly low-income ees in the bombing, they were one of lion this year. The NIH currently in- women in the developing world who the first groups at the front of the line vests only $25 million a year, or 1 per- reply upon a male partner for economic offering their assistance and support cent of its total HIV/AIDS budget, in support, there is no power of negotia- for the victims. To my knowledge, not such important research. tion. We know these women are at risk, a single company has attempted to This legislation will make yet, we expect them to protect them- withhold payment from this disaster. microbicide research the priority it selves without any tools. should be, a priority the Federal Gov- They have been most cooperative in Today we have the opportunity to in- ernment must have if it expects to save working through the myriad proposals vest in groundbreaking research that that have been circulated and their can produce these tools, and ulti- the lives of women and their children support has expedited this process. mately, empower women. Microbicides worldwide, who, 20 years after the first I look forward to working with my are self-administered products that AIDS death, will otherwise become vic- colleagues to move this legislation be- women could use to prevent trans- tims of a preventable disease. In closing, I would like to request fore we adjourn. mission of STDs, including HIV/AIDS. I that an opinion piece written by say ‘‘could,’’ because due to insuffi- By Mr. CORZINE (for himself, United Nations’ Secretary General Kofi cient research investments, no Ms. SNOWE, Ms. CANTWELL, Mr. microbicides have been brought to Annan that appeared in the Wash- DODD, Mr. LEAHY, and Mrs. market. This legislation would encour- ington Post yesterday be included in MURRAY): the RECORD. In his comments recog- S. 1752. A bill to amend the Public age federal investments for microbicide research through the establishment of nizing World AIDS Day, Secretary Health Service Act with respect to fa- Annan reiterates the importance of in- cilitating the development of programs at the National Institutes for Health, NIH, and the Centers for Dis- vesting in new prevention methods as microbicides for preventing trans- we continue to fight against AIDS. mission of HIV and other sexually ease Control and Prevention, CDC. In addition to investing new re- There being no objection, the mate- transmitted diseases; to the Committee sources in microbicide research, the rial was ordered to be printed in the on Health, Education, Labor, and Pen- Microbicides Development Act will ex- RECORD, as follows: sions. pedite the implementation of the NIH’s NO LETTING UPONAIDS Mr. CORZINE. Mr. President, I rise 5-year strategic plan for microbicide (By Kofi Annan) today to introduce legislation, the research, as well as expand coordina- Every day more than 8,000 people die of Microbicides Development Act of 2001. tion among Federal agencies already AIDS. Every hour almost 600 people become I am very pleased to be introducing involved in this research, including infected. Every minute a child dies of the this bipartisan bill along with my col- virus. Just as life—and death—goes on after NIH, CDC, and the United States Agen- Sept. 11, so must we continue our fight leagues, Senators SNOWE, CANTWELL, cy on International Development, DODD, LEAHY, and MURRAY. I extend against the HIV/AIDS epidemic. Before the USAID. The bill also establishes terrorist attacks two months ago, tremen- my gratitude to Senator CANTWELL, in Microbicide Research and Development dous momentum had been achieved in the particular, for her support and assist- Teams at the NIH. These teams will fight. To lose it now would be to compound ance in the development of this legisla- bring together public and private sci- one tragedy with another. tion. Additionally, I applaud the efforts entists and resources to research and New figures, released in advance of World of my colleague in the House of Rep- development microbicides for the pre- AIDS Day, Dec. 1, show that more than 40 resentatives, Republican Congress- million people are now living with the virus. vention of HIV and STD infection. The vast majority of them are in sub-Saha- woman CONNIE MORELLA of Maryland, The Microbicides Development Act of for her leadership on this important ran Africa, where the devastation is so acute 2001 has the potential not only to save that it has become one of the main obstacles issue. We all believe this initiative is millions of lives, but also to save bil- to development. But parts of the Caribbean vital to the pursuit of combating the lions in health care costs. Every year, and Asia are not far behind, and the pan- global HIV/AIDS crisis. 15 million new HIV and other STD in- demic is spreading at an alarming rate in As you know, tomorrow, December 1, fections occur among Americans aged Eastern Europe. is World AIDS Day. Twenty years ago, 15 and older. The direct cost to the U.S. For too long, global progress in facing up the Centers for Disease Control became economy of STDs and HIV infection is to AIDS was painfully slow, and nowhere near commensurate with the challenge. But aware of a virus that was claiming the approximately $8.4 billion. When the lives of thousands of gay men in the in the past year, for much of the inter- indirect costs, such as lost produc- national community the magnitude of the United States. Throughout most of the tivity, are included, that figure rises to crisis has finally begun to sink in. Never, in 1980s, we thought of AIDS purely as a an estimated $20 billion. the two long decades that the world has gay men’s disease. Twenty years later, While new therapies are being devel- faced this growing catastrophe, has there we find that we couldn’t have been oped to prolong the lives of individuals been such a sense of common resolve and col- more wrong, as we have seen this dis- infected with HIV/AIDS—and we must lective possibility. ease spread globally to women, chil- continue developing new therapies— Public opinion has been mobilized by the dren, and heterosexual men, infecting only prevention can truly ensure the media, nongovernmental organizations and and killing millions. activists, by doctors and economists and by safety and health of those vulnerable people living with the disease. Pharma- Today, women and children are being to infection. If we do not pay a small ceutical companies have made their AIDS impacted by this epidemic at alarming price now to invest in new prevention drugs more affordable in poor countries, and rates. Every day, 6,300 women world- methods, we will pay a much higher a growing number of corporations have cre- wide become infected with HIV. In fact, price later. ated programs to provide both prevention

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.042 pfrm04 PsN: S30PT1 S12260 CONGRESSIONAL RECORD — SENATE November 30, 2001 and treatment for employees and the wider ical and pharmaceutical advancements heartbreaking calamity—the truth is community. Foundations are making in- have made HIV/AIDS more manageable we know how to stop the spread of creasingly imaginative and generous con- for some, but a cure is yet to be found. AIDS. Through a coordinated and com- tributions, both financial and intellectual— And in those 20 years since we first prehensive program of education, pre- in prevention, in reducing mother-to-child transmission, in the search for a vaccine. learned of AIDS we have begun to see a vention and treatment, we know that In a growing number of countries, effective changing face of AIDS across the coun- the epidemic can be greatly reduced in prevention campaigns have been launched. try, as well as in my home State of scope. There has been an increasing recognition, Washington. To that end, I’m proud to join Sen- among both donors and the most affected Consider these facts. ator CORZINE in sponsoring the countries, of the link between prevention Twenty years ago, HIV infections at- Microbicides Development Act of 2001. and treatment. There has also been a new tributed to sex between gay men ac- This bill increases authorization of understanding of the particular toll AIDS is counted for nearly all HIV/AIDS cases funding for microbicide research at the taking on women—and of the key role they in the country. Today, more than have in fighting the disease. National Institutes of Health and the The entire United Nations family is fully half— 54 percent—of HIV infections are CDC. engaged in this fight, working to a common in different population groups: straight Microbicides represent a novel and strategic plan and supporting country, re- or bisexual women, or straight men. In virtually unexplored area in STD/HIV gional and global efforts through our joint fact, between the beginning of the research. Microbicides can kill or inac- program, UNAIDS. Perhaps most important, AIDS epidemic and today, the propor- tivate the bacteria and viruses that a new awareness and commitment have tion of women newly infected with HIV cause STDs and AIDS. Despite their taken hold among governments—most nota- more than tripled— from 7 percent to huge potential, microbicide research is bly in Africa. 23 percent. underrepresented in the federal HIV re- Last June the membership of the United Nations met in a special session of the Gen- Twenty years ago, HIV infections search portfolio. Currently, eral Assembly to devise a comprehensive and were primarily appearing in Cauca- Microbicide development represents coordinated global response to the AIDS cri- sians. Today, HIV/AIDS is dispropor- only one percent of federal research in sis. tionately affecting communities of HIV/AIDS. They adopted a powerful declaration of color. Approximately two-thirds of all Microbicides are unique in that they commitments, calling for a fundamental women and over 40 percent of all men are under development as topical prod- shift in our response to HIV/AIDS as a global reported with AIDS were black. Al- ucts—a cream or gel. This gives them a economic, social and development challenge though Hispanics represent 13 percent high degree of versatility and user con- of the highest priority. They reaffirmed the pledge, made by world leaders in their Mil- of the population, they accounted for trol. This is especially important for lennium Declaration, to halt and begin to re- 19 percent of new HIV infections in women who are unable to or cannot verse the spread of AIDS by 2015. And they 1999. ask their partner to use a condom to set out a number of further ambitious but re- And one in four Washingtonians in- prevent spreading HIV. Development of alistic time-bound targets and goals. Among fected with HIV is under aged 22. Half a dependable, affordable and easy to them were commitments to reach, by 2005, are under 25. These are people that use microbicide would represent a an overall target of annual expenditure on have grown up with the disease—they major breakthrough in AIDS preven- AIDS of $7 billion to $10 billion per year in should be educated on prevention and tion—allowing populations like com- low- and middle-income countries; to ensure, they should know how to take care of by 2005, that a wide range of prevention pro- mercial sex workers to have more con- grams are available in all countries; and to themselves. But somehow compla- trol over their own bodies. It is ex- support the establishment of a fund to help cency—whether from the new drugs tremely important to prevent HIV finance an urgent and expanded response to and medical treatment—or from dis- transmission and serve women, a popu- the epidemic. ease ennui—has replaced the message lation increasingly at risk for HIV in- Only seven months after I proposed this we want to be sending. fection. new international facility to support the We have long known that the only Microbicide development is a fertile global fight against AIDS and other infec- way to stop the advance of this terrible but unexplored anti-HIV research area. tious diseases, pledges to the fund stand at disease is through a coordinated and more than $1.5 billion. The fund cannot be Pharmaceutical companies have gen- the only channel of resources for a full-scale comprehensive approach to education, erally concentrated on high return dis- global response to AIDS. But what is most prevention and treatment. As a com- ease treatments and government-spon- heartening is the range of pledges that have munity we need to refocus our efforts sored vaccine programs. While there been made: from the world’s wealthiest na- and not allow complacency—especially are potential microbicides in the re- tions—starting with the founding contribu- among populations not traditionally search and development pipeline, this tion from the United States last May—but associated with HIV/AIDS —to dictate bill encourages the pursuit of these also from some of its poorest, as well as from the future. There must be a continued promising compounds by increasing au- foundations, corporations and private indi- commitment to he eradication of this viduals. thorization for the current federal in- It is clear that we have the road map, the terrible disease. vestment in microbial research in the tools and the knowledge to fight AIDS. What Before the end of today, several hun- next fiscal year. we must sustain now is the political will. dred people will become infected with Through this bill, we will emphasize Life after Sept. 11 has made us all think AIDS. In these days of fear of Anthrax the work at the National Institutes of more deeply about the kind of world we want and discussions of bioterrorism we Health and the Centers for Disease for our children. It is the same world we should not loose sight of the worst nat- Control and Prevention to develop wanted on Sept. 10—a world in which a child ural pandemic in human history. Twen- products to prevent the transmission of does not die of AIDS every minute. ty years after the U.S. Centers for Dis- AIDS for women. I can think of no new Ms. CANTWELL. Mr. President, I ease Control and Prevention first iden- direction in AIDS prevention that has rise today with my colleagues Senators tified AIDS, I am afraid that this vast a larger potential—we know that the CORZINE and SNOWE to introduce the tragedy has become a little too famil- best preventatives must be easy to use Microbicides Development Act of 2001, iar, and we may have become a little and controlled by the user. I expect and to recognize tomorrow, December too complacent. that microbicides will fill a new role in 1, as World AIDS Day. As we reflect on The HIV/AIDS epidemic rages on, preventing the spread of HIV and the last 20 years of battling this dis- from Asia and Eastern Europe to the AIDS. I thank Senator CORZINE for his ease, we need to remember the thou- Caribbean and most tragically Africa. leadership on this issue and I urge my sands of people here in the United As AIDS has become an international colleagues to support this bill. States and the millions worldwide af- crisis, its face has become that of hu- flicted by HIV and AIDS. manity itself. I fear that AIDS may be- By Mr. BINGAMAN (for himself, It is hard to believe that it has been come the single greatest obstacle to Mr. CAMPBELL, and Ms. CANT- 20 years since we first learned of the global development humanity has ever WELL): disease that would come to be known faced. S. 1753. A bill to amend title XIX of as Acquired Immune Deficiency Syn- And while it is easy to become dis- the Social Security Act to include drome or AIDS. In those 20 years med- couraged in the face of such a huge, medical assistance furnished through

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.044 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12261 an urban Indian health program oper- just referral services, to urban Indians, ing rate would apply only to services ated by an urban Indian organization many of whom are eligible for Med- furnished directly ‘‘through’’ an urban pursuant to a grant or contract with icaid. In FY 2001, Congress appro- Indian health program, not by referral. the Indian Health Service under title V priated $29.9 million, or just 1 percent Note that the amendment would not of the Indian Health Care improvement of the Indian Health Service budget, in determine the particular amount the Act in the 100 percent Federal medical discretionary funding to these pro- state Medicaid program pays an urban assistance percentage applicable to the grams. These programs are expected to Indian health program for a particular Indian Health Service; to the Com- supplement this direct funding with service, such as a patient visit. The mittee on Finance. revenues from third party payers, such language only affects the Federal Gov- Mr. BINGAMAN. Mr. President, the as private insurance and Medicaid. ernment’s share of that payment legislation I am introducing today with Urban Indian health programs may amount. Senators CAMPBELL and CANTWELL en- participate as providers in their state’s Despite the fact that recent Census titled the ‘‘Urban Indian Health Med- Medicaid program and receive payment figures indicate that 57 percent of the icaid Amendments Act of 2001’’ would for services covered by Medicaid that 2.5 million people that identify them- raise the Medicaid matching rate to 100 are furnished to Medicaid-eligible selves solely as American Indian and percent for Medicaid-covered services urban Indians. Whatever amount the Alaska Native live in metropolitan provided to Medicaid-eligible American state pays the urban Indian program areas, including 17,444 in Albuquerque, Indians and Alaska Natives at urban for a Medicaid patient visit, the Fed- New Mexico, the IHS budget only pro- Indian health programs. eral Government will match the vides 1 percent of its funding to urban The legislation eliminates the dis- State’s expenditure at the State’s reg- Indian health programs. We should and crepancy in current law that provides ular Federal Medicaid matching rate, must begin to take steps to eliminate for a higher matching rate to states for or FMAP. such dramatic discrepancies. care delivered in an non-urban out- In contrast, if an American Indian or As a result, within the Medicaid pro- patient facility operated by the Indian Alaska Native who is eligible for Med- gram, just as the Federal Government Health Service, or IHS, or by a tribe or icaid receives primary care services reimburses States 100 percent for the a tribal organization under contract covered by Medicaid at an outpatient costs of services delivered to Native with IHS compared to the lower match- facility operated by the IHS or by a American beneficiaries receiving care ing rate to an urban Indian program tribe or a tribal organization under through facilities operated directly by funded by the IHS to deliver services to contract with the IHS, the Federal the Federal Government’s IHS or by Medicaid-eligible Native Americans re- Government will pay 100 percent of the tribes or tribal organizations on behalf siding in urban areas. cost of the service. of the IHS, the same should apply to The bill would not alter current pol- The policy rationale for this en- urban Indian health programs. This icy toward facilities operated by the hanced matching rate is that because simple, yet important bill will elimi- IHS or by tribes or tribal organiza- Indian health is a Federal responsi- nate the disparity and I urge its swift tions. As under current law, the Fed- bility, states should not have to share passage. eral Government would continue to in the costs of providing Medicaid serv- I ask unanimous consent that the pay 100 percent of the cost of treating ices to Native American beneficiaries text of the bill be printed in the Medicaid-eligible American Indian or receiving care through facilities oper- RECORD. Alaska Natives at an IHS hospital or ated directly by the Federal Govern- There being no objection, the bill was tribal clinic. Similarly, the bill would ment’s IHS or by tribes or tribal orga- ordered to be printed in the RECORD, as not alter the amounts paid to IHS hos- nizations on behalf of the IHS. This follows: pitals or tribal clinics for treating same rationale applies to Medicaid- S. 1753 Medicaid patients. covered services provided by urban In- Be it enacted by the Senate and House of Rep- Instead, the bill simply extends the dian programs funded by the IHS to de- resentatives of the United States of America in 100 percent federal matching rate to liver services to Medicaid-eligible Na- Congress assembled, the costs of treatment of Medicaid-eli- tive Americans residing in urban areas. SECTION 1. SHORT TITLE. gible Native Americans in urban Indian Unfortunately, the Medicaid statute This Act may be cited as the ‘‘Urban In- health programs and corrects the in- does not reflect this policy. This legis- dian Health Medicaid Amendments Act of consistency in treatment under current lation would address this inequity. 2001’’. Moreover, as a report by the Kaiser SEC. 2. INCLUSION OF MEDICAL ASSISTANCE Medicaid law. FURNISHED THROUGH AN URBAN The urban Indian health program was Family Foundation entitled ‘‘Urban In- INDIAN HEALTH PROGRAM IN 100 first authorized in 1976 in Title V of the dian Health’’ released this month adds, PERCENT FMAP. ‘‘Indian Health Care Improvement ‘‘Extension of this 100 percent match- (a) IN GENERAL.—The third sentence of sec- Act.’’ According to a report entitled ing rate to services provided by Title V tion 1905(b) of the Social Security Act (42 ‘‘Urban Indian Health’’ by the Kaiser providers to Medicaid-eligible urban U.S.C. 1396d(b)) is amended— Indians may give State Medicaid pro- (1) by inserting ‘‘or program’’ after ‘‘facil- Family Foundation that was released ity’’; this month, ‘‘The purpose of the Title grams an incentive to treat these ‘safe- (2) by striking ‘‘or by’’ and inserting ‘‘, V program is to make outpatient ty net’ clinics more favorably in both a by’’; and health services accessible to urban In- fee-for-service and managed care con- (3) by inserting ‘‘, or by an urban Indian or- dians, either directly or by referral. text.’’ ganization pursuant to a grant or contract These services are provided through The proposal would simply amend with the Indian Health Service under title V non-profit organizations, controlled by the third sentence in section 1905(b) of of the Indian Health Care Improvement Act’’ urban Indians, that receive funds under the Social Security Act to read as fol- before the period. lows (new language in italic): (b) EFFECTIVE DATE.—The amendments contract with the IHS.’’ made by subsection (a) take effect on Octo- In fact, the Federal Government, Notwithstanding the first sentence of this ber 1, 2002. through the IHS, currently funds 36 section, the Federal medical assistance per- urban Indian health programs in 20 centage shall be 100 per centum with respect By Mr. LEAHY (for himself, Mr. to amounts expended as medical assistance states: Arizona, 3; California, 8; Colo- HATCH, Mr. REID, and Mr. BEN- for services which are received through an rado, 1; Illinois, 1; Kansas, 1; Massachu- Indian Health Service facility or program NETT): setts, 1; Michigan, 1; Minnesota, 1; whether operated by the Indian Health Serv- S. 1754. A bill to authorize appropria- Montana, 5; Nebraska, 1; Nevada, 1; ice or by an Indian tribe or tribal organiza- tions for the United States Patent and New Mexico, 1; New York, 1; Oklahoma, tion or by an urban Indian health program (as Trademark Office for fiscal years 2002 2; Oregon, 1; South Dakota, 1; Texas, 1; defined in section 4 of the Indian Health Care through 2007, and for other purposes; to Utah, 1; Washington, 2; and Wisconsin, Improvement Act). the Committee on the Judiciary. 2. The amendment would be effective Mr. LEAHY. Mr. President, I am These programs are nonprofit organi- for Medicaid services furnished on or pleased to join with Senators HATCH, zations that provide outpatient pri- after October 1, 2001. Under this lan- REID, and BENNETT in the introduction mary care services, and in some cases, guage, the enhanced 100 percent match- of the Patent and Trademark Office

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.032 pfrm04 PsN: S30PT1 S12262 CONGRESSIONAL RECORD — SENATE November 30, 2001 Authorization Act of 2002. Senator the methods by which the PTO will en- partes reexamination a somewhat more HATCH and I, as leaders of the Judici- hance patent and trademark quality, attractive option for challenging a pat- ary Committee, have had great success reduce pendency, and develop an effec- ent in that a third party should feel in working together to protect Amer- tive electronic system for the benefit more comfortable that the courts can ica’s innovators and to protect our pat- of filers, examiners, and the general be accessed to rectify a mistaken reex- ent and trademark system. public regarding patents and trade- amination decision. This section This bill is another example of our marks. should increase the use of the reexam- bipartisan effort to strengthen Amer- I am pleased that my colleagues in ine system and thus decrease the num- ica’s future. By joining with Senators the other body, Congressmen COBLE ber of patent matters adjudicated in REID and BENNETT, this bill will send a and BERMAN, have introduced similar federal court. strong message to America’s legislation. I am very concerned that I again want to express my apprecia- innovators and inventors that the Con- the Bush Administration budget for FY tion to the co-sponsors of this bill, Sen- gress intends to protect and enhance 2002 planned to divert $207 million in ators HATCH, REID, and BENNETT and our patent system. The PTO serves a PTO fees to programs outside the PTO. look forward to working with other critical role in the promotion and de- This diversion takes fees paid by inven- Senators on these matters. velopment of commercial activity in tors and businesses to secure patents Mr. HATCH. Mr. President, I am the United States by granting patents or trademarks and uses them to pro- pleased to join with Senators LEAHY, and trademark registrations to our na- mote unrelated programs. It does this REID, and BENNETT in the introduction tion’s innovators and businesses. at a time when the number of patent of the Patent and Trademark Office The costs of running the PTO are en- and trademark applications has in- Authorization Act of 2002. As Senator tirely paid for by fees collected by the creased by 50 percent since 1996, and LEAHY mentioned, he and I, as leaders PTO form users, individuals and com- while the ‘‘waiting period,’’ or pend- of the Judiciary Committee, have en- panies that seek to benefit from patent ency period, has increased 20 percent joyed a productive relationship work- and trademark protections. However, 1996. Even worse, the PTO estimates ing together to protect America’s since 1992 Congress has diverted over that the patent pendency period could innovators, and to strengthen our in- $800 million of those fees for other gov- increase to 38 months by 2006. tellectual property laws as well as the ernment programs unrelated to the The bill also contains two sections agencies that administer and enforce PTO. which will clarify two provisions of them. This bill sends a strong message that current law and thus provide certainty One of the issues we have long Congress should appropriate to the and guidance to the PTO and for inven- worked on is strengthening the ability PTO a funding level equal to these fees. tors and businesses. of the United States Patent Office, The reason for this is simple: the cre- Section 5 expands the scope of mat- ‘‘USPTO’’, to do its important work in ation of intellectual property by Amer- ters that may be raised during the re- reviewing and granting intellectual icans, individuals and businesses, is a examination process to a level which property rights to inventors seeking massive positive driving force for our had been the case for many years. Let the patents that drive our high-tech economy and is a huge plus for our me explain the background. Congress economy or those businesses that seek trade balance with the rest of the established the patent reexamination to protect the trademarks that con- world. In recent years, the number of system in 1980 for three purposes: to at- sumers rely on to find the goods and patient applications has risen dramati- tempt to settle patent validity ques- services they want. For those inventors cally, and that trend is expected to tions quickly and less expensively than and businesses to succeed in using continue. Our patent examiners are those patent or trademark rights, the very overworked, and emerging areas litigation; to allow courts to rely on USPTO needs to do a quality and time- such as biotechnology and business PTO expertise; and, third, to reinforce ly job in reviewing and granting those method patents may overwhelm the investor confidence in the certainty of patent rights by affording an oppor- rights. system. However, over the past few years, the If fully implemented as intended, tunity to review patents of doubtful USPTO has been under mounting pres- this bill can greatly assist the PTO in validity. sure on three fronts, increased filings, issuing quality patents more quickly This system of encouraging third increased complexity in the filings, and which means more investment, more parties to pursue reexamination as an increased difficulty retaining valuable jobs and greater productivity for Amer- efficient method of settling patent dis- and experienced examiners in the face ican businesses. Similarly, early fed- putes is still a good idea. However, by of more lucrative offers in the private eral registration of the name, logo, or clarifying current law this bill in- symbol of a company or product is nec- creases the discretion of the PTO and sector. These pressures, if unaddressed, essary to protect rights and avoid ex- enhances the effectiveness of the reex- can lead to delays for applicants of pensive litigation. Section 2 of the bill amination process. It does this by per- months or years, or to reduced quality thus authorizes Congress to appro- mitting the use of relevant evidence and reliability of the determinations priate to the PTO, in fiscal years 2002 that was considered by the PTO, but that issue from the USPTO. Indeed, the through 2007, an amount equal to the not necessarily cited. Thus, adding this USPTO estimates that the patent fees estimated by the Secretary of sentence to current law, which only al- pendency period could rise to 38 Commerce to be collected in each of lows for reexaminations when ‘‘sub- months by 2006. I hate to think that in- the next five fiscal years. The Sec- stantial new questions of patentability novative products could sit on the shelf retary shall make this report to the exist’’, will help prevent the misuse of for more than three years awaiting Congress by February 15 of each such defective patents, especially those con- government review. This is especially fiscal year. cerning business method patents. troubling when we realize that in many Section 3 of the bill directs the PTO It permits a reexamination based on high-tech sectors the shelf life of a to develop, in the next three years, an prior art cited by an applicant that the product is often less than half that electronic system for the filing and examiner failed to adequately consider. time. Such increased waiting periods processing of all patent and trademark Thus, this change allows the PTO to and lower quality decision-making applications that is user friendly and correct some examiner errors that it means slower innovation, less competi- that will allow the Office to process would not otherwise be able to correct. tiveness, higher costs, and greater risk and maintain electronically the con- Section 6 of the bill modestly im- for those seeking patents or trade- tents and history of all applications. Of proves the usefulness of inter partes re- marks. And, consequently, the rest of the amount appropriated under section examination procedures by enhancing us and our economy could see slower 2, section 3 authorizes Congress to ap- the ability of third-party requesters to recovery and weaker growth. Address- propriate not more than $50 million in participate in that process by allowing ing these challenges will require lead- fiscal years 2002 and 2003 for the elec- such a third party to appeal an adverse ership, of course, which I believe can be tronic filing system. reexamine decision in Federal court or provided by the President’s nominee to Third, the bill requires the PTO to to participate in the appeal brought by head the USPTO, former Congressman develop a strategic plan to set forth for the patentee. This may make inter Jim Rogan. But, to be realistic, we

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.052 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12263 must admit that surely it will also re- STATEMENTS ON SUBMITTED States and Korea and to the rest of the quire resources. RESOLUTIONS world; and Whereas beginning in 2003, more than 100 As many in this body know, the costs communities throughout the United States of running the USPTO are entirely paid SENATE RESOLUTION 185—RECOG- will celebrate the 100th anniversary of Ko- for by fees collected from applicants, NIZING THE HISTORICAL SIG- rean immigration to the United States: Now, individuals and companies that seek to therefore, be it NIFICANCE OF THE 100TH ANNI- Resolved, That the Senate— benefit from patent and trademark pro- VERSARY OF KOREAN IMMIGRA- tection. However, since 1992 Congress (1) recognizes the achievements and con- TION TO THE UNITED STATES tributions of Korean-Americans to the has diverted an amount estimated at Mr. ALLEN (for himself, Mr. HELMS, United States over the past 100 years; and over $800 million from those fees for Mr. CAMPBELL, Mr. WARNER, Mr. AL- (2) requests that the President issue a other government programs unrelated proclamation calling on the people of the LARD, Mr. INOUYE, Mrs. FEINSTEIN, Mr. to the USPTO. United States and interested organizations BIDEN, Mr. SMITH of Oregon, Mr. At a time when our economy needs to observe the anniversary with appropriate GRASSLEY, Mr. SESSIONS, Mr. FITZ- programs, ceremonies, and activities. support, it seems doubly wrong to levy GERALD, and Mr. GRAMM) submitted the Mr. ALLEN. Mr. President, I am what amounts to a tax on innovation, a following resolution; which was re- pleased to submit today, along with tax imposed by taking a portion of the ferred to the Committee on the Judici- the Chairman of the Foreign Relations fees America’s innovators and busi- ary. Committee, Senator BIDEN, the Vice nesses pay to secure protection for S. RES. 185 Chairman of the Armed Services Com- their economy-generating products and Whereas missionaries from the United mittee, Mr. WARNER, and the Vice services and spending it on unrelated States played a central role in nurturing the Chairman of the Indian Affairs Com- government programs. I believe that political and religious evolution of modern mittee, Mr. CAMPBELL, and many of our fees paid to secure patent and trade- Korea, and directly influenced the early Ko- rean immigration to the United States; colleagues, a Senate resolution recog- mark rights should be used to process nizing the historical significance of the those applications faster with better Whereas in December 1902, 56 men, 21 women, and 25 children left Korea and trav- 100th anniversary of Korean-Ameri- reliability precisely because getting eled across the Pacific Ocean on the S.S. cans’ immigration to the United States the products of American ingenuity to Gaelic and landed in Honolulu, Hawaii on in 2003. market faster helps grow our economy January 13, 1903; In December of 1902, 56 men, 21 faster. Whereas the early Korean-American com- women and 25 children traveled from That is why I am glad to join my col- munity was united around the common goal Korea across the Pacific Ocean on the of attaining freedom and independence for leagues in introducing this bill which S.S. Gaelic and landed in Honolulu, HI, their colonized mother country; on January 13, 1903, marking the first takes the position that Congress Whereas members of the early Korean- should appropriate to the USPTO a American community served with distinc- entry of Korean immigrants to the U.S. funding level equal to the fees appli- tion in the Armed Forces of the United territories. The year 2003 will be the cants pay. I agree with my colleagues States during World War I, World War II, and 100th Anniversary of that immigration. that if fully implemented as intended, the Korean Conflict; With that anniversary looming, inter- this bill can greatly assist the USPTO Whereas on June 25, 1950, Communist est in this historic centennial celebra- in issuing quality patents more quick- North Korea invaded South Korea with ap- tion is growing in Korean communities proximately 135,000 troops, thereby initi- ly, which in turn can lead to more in- in the United States and worldwide, in- ating the involvement of approximately cluding events within the vibrant Ko- vestment, job creation, and produc- 5,720,000 personnel of the United States tivity for American businesses. rean-American communities in the Armed Forces who served during the Korean Commonwealth of Virginia. In addition to establishing the prin- Conflict to defeat the spread of communism in Korea and throughout the world; A century is more than a convenient ciple that user fees collected by the marker for Korean-Americans: It cele- USPTO should be used to serve those Whereas casualties in the United States Armed Forces during the Korean Conflict in- brates Koreans’ prominent place in the who pay them, the bill makes addi- cluded 54,260 dead (of whom 33,665 were battle broad narrative of America. Judging by tional improvements to the way the deaths), 92,134 wounded, and 8,176 listed as their achievements over these past 100 USPTO does business, further enhanc- missing in action or prisoners of war; years, theirs is an American story that ing its ability to serve American com- Whereas in the early 1950s, thousands of confirms the opportunity for individual panies and inventors. Among these im- Koreans, fleeing from war, poverty, and deso- initiative, creativity, hard work and provements are the requirement that lation, came to the United States seeking success in these free United States. the USPTO develop a user-friendly opportunities; Both individually and as a commu- electronic system for the filing and Whereas Korean-Americans, like waves of nity, Korean-Americans have much to immigrants to the United States before processing of all patent and trademark them, have taken root and thrived in the celebrate in 2003. In such diverse areas applications, and that the PTO to de- United States through strong family ties, ro- as commerce and finance, technology, velop a strategic plan to enhance pat- bust community support, and countless medicine, education, and the arts, Ko- ent and trademark quality, reduce hours of hard work; rean-American contributions are being pendency, and otherwise improve their Whereas Korean immigration to the United widely acknowledged and recognized. systems and services for the benefit of States has invigorated business, church, and Even the Korean culture, uniquely applicants, examiners, and the general academic communities in the United States; shaped, inspired, and nurtured by life public. The bill also contains two sec- Whereas according to the 2000 United in America, is becoming part of the States Census, Korean-Americans own and tions which will clarify two provisions vernacular. From Hawaii to California operate 135,571 businesses across the United to New York, and in Annandale in of current law regarding reexamination States that have gross sales and receipts of of patents to provide greater guidance $46,000,000,000 and employ 333,649 individuals Fairfax County, VA, Korean-American to the USPTO and its customers about with an annual payroll of $5,800,000,000; communities are vibrant and vital the scope and availability of the reex- Whereas the contributions of Korean- leaders throughout the United States. amination process. Both of these Americans to the United States include, the It is worth noting that apart from the many achievements by Korean- changes should help streamline and re- invention of the first beating heart operation for coronary artery heart disease, the devel- Americans, unique among all immi- duce the costs of post-grant patent de- opment of the nectarine, a 4-time Olympic grant communities in the United cisions. gold medalist, and achievements in engineer- States, the early Korean-American I again want to express my apprecia- ing, architecture, medicine, acting, singing, community was united around the tion to Senator LEAHY, the chairman of sculpture, and writing; common goal of attaining freedom and the Judiciary Committee, for this lead- Whereas Korean-Americans play a crucial independence for their colonized moth- ership, and to the other co-sponsors of role in maintaining the strength and vitality of the United States-Korean partnership; er country. Like many immigrant this bill, Senators REID and BENNETT. I Whereas the United States-Korean partner- groups, Korean-Americans embraced look forward to working with them and ship helps undergird peace and stability in the basic principles of democracy in my other colleagues on this important the Asia-Pacific region and provides eco- our Constitution. It is a goal that con- legislation. nomic benefits to the people of the United tinues to this day, when one considers

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.054 pfrm04 PsN: S30PT1 S12264 CONGRESSIONAL RECORD — SENATE November 30, 2001 that one out of four Korean-Americans cluding passengers, crew members, and peo- amendment SA 2170 submitted by Mr. still has relatives and other loved ones ple on the ground; DASCHLE and intended to be proposed to the trapped in North Korea. Whereas New York City has strong cul- bill (H.R. 10) supra; which was ordered to lie Starting in the early 1950s, thousands tural, familial, and historic ties to the Do- on the table. SA 2179. Mr. NICKLES submitted an of immigrants, fleeing from war, pov- minican Republic; Whereas many of the passengers were of amendment intended to be proposed to erty and desolation came to the United Dominican origin residing in the Washington amendment SA 2170 submitted by Mr. States seeking opportunities. Without Heights community, a vibrant neighborhood DASCHLE and intended to be proposed to the knowing the language and without that is an integral part of our national cul- bill (H.R. 10) supra; which was ordered to lie great wealth, but with strong family tural mosaic; on the table. ties, caring community support and Whereas the Rockaway community has al- SA 2180. Mr. NICKLES submitted an many hours of hard work, Korean- ready suffered greatly as a result of the ter- amendment intended to be proposed to amendment SA 2170 submitted by Mr. Americans, like waves of immigrants rorist attacks on the World Trade Center in New York City on September 11, 2001, as the DASCHLE and intended to be proposed to the before them, have taken root and bill (H.R. 10) supra; which was ordered to lie thrived in our free American soil. Rockaway community has long been home to one of the highest concentrations of the fire- on the table. Crucial to Korean-Americans’ success SA 2181. Mr. NICKLES submitted an fighters of New York City, many of whom amendment intended to be proposed to was their ability to organize them- lost their lives responding to those attacks amendment SA 2170 submitted by Mr. selves for mutual support and assist- on the World Trade Center; DASCHLE and intended to be proposed to the ance through associations, churches Whereas many Rockaway residents, ignor- bill (H.R. 10) supra; which was ordered to lie and other organizations. This success ing the risks of being harmed by fire or other on the table. hazards at the site of the plane crash, rushed has translated itself, according to the SA 2182. Mr. NICKLES submitted an to the site in an effort to help; 2000 U.S. Census, into 135,571 businesses amendment intended to be proposed to Whereas the people of Rockaway have owned and operated by Korean-Ameri- amendment SA 2170 submitted by Mr. served as an inspiration through their resil- cans across the country with gross DASCHLE and intended to be proposed to the ience in the face of adversity and their faith bill (H.R. 10) supra; which was ordered to lie sales and receipts of $46 billion. These in and practice of community; and businesses employ 333,649 men and on the table. Whereas the professional emergency per- SA 2183. Mr. NICKLES submitted an women with an annual payroll of $5.8 sonnel of New York on the ground at the amendment intended to be proposed to billion. crash site performed emergency services val- amendment SA 2170 submitted by Mr. The contributions to this country by iantly, thereby limiting the devastation of DASCHLE and intended to be proposed to the early Korean-Americans include the in- this tragedy: Now, therefore, be it bill (H.R. 10) supra; which was ordered to lie vention of the first beating heart oper- Resolved by the Senate (the House of Rep- on the table. ation for coronary heart disease, the resentatives concurring), SA 2184. Mr. NICKLES submitted an development of the nectarine and a SECTION 1. SENSE OF CONGRESS. amendment intended to be proposed to The Congress— four-time Olympic gold medallist. In amendment SA 2170 submitted by Mr. (1) sends its heartfelt condolences to the DASCHLE and intended to be proposed to the the modern era, there have been nota- families, friends, and loved ones of the vic- bill (H.R. 10) supra; which was ordered to lie ble achievements by engineers, archi- tims of the crash of American Airlines on the table. tects, doctors, actors, singers, sculp- Flight 587 on November 12, 2001; SA 2185. Mr. NICKLES submitted an tors and novelists, among others. With (2) sends its sympathies to the people of amendment intended to be proposed to more than 100 communities throughout the Dominican Republic and to the Domini- amendment SA 2170 submitted by Mr. the United States preparing to cele- can community in the City of New York who DASCHLE and intended to be proposed to the brate the 100th anniversary of Korean- have been so tragically affected by the loss bill (H.R. 10) supra; which was ordered to lie of loved ones aboard that flight; on the table. American immigration to the United (3) sends its sympathies to the people of SA 2186. Mr. BOND submitted an amend- States, it is appropriate and deserving the Rockaway community who have suffered ment intended to be proposed by him to the to recognize the historical significance immense personal loss as a combined result bill H.R. 10, supra; which was ordered to lie of this milestone. of the crash on November 12, 2001, and the on the table. It is my hope that this resolution terrorist attacks on the World Trade Center SA 2187. Mr. BOND submitted an amend- will encourage appreciation, pride, and on September 11, 2001; and ment intended to be proposed to amendment self-awareness among Korean Ameri- (4) commends the heroic actions of the res- SA 2171 submitted by Mr. LOTT and intended cans, and I encourage schools, organi- cue workers, volunteers, and State and local to be proposed to the amendment SA 2170 officials of New York who responded to these proposed by Mr. DASCHLE to the bill (H.R. 10) zations, and Federal, State, and local tragic events with courage, determination, supra; which was ordered to lie on the table. governments to plan activities and pro- and skill. SA 2188. Mr. BOND submitted an amend- grams together with the many Korean- SEC. 2. TRANSMISSION OF THE ENROLLED RESO- ment intended to be proposed to amendment American organizations that are cur- LUTION. SA 2170 submitted by Mr. DASCHLE and in- rently preparing for this wonderful an- The Clerk of the Senate shall transmit an tended to be proposed to the bill (H.R. 10) niversary of the living American enrolled copy of this resolution to the Presi- supra; which was ordered to lie on the table. dent of the Dominican Republic and to the SA 2189. Mr. GRAMM submitted an amend- Dream. ment intended to be proposed to amendment I respectfully ask for the support of Mayor of New York City. SA 2170 submitted by Mr. DASCHLE and in- my colleagues on both sides of the aisle f tended to be proposed to the bill (H.R. 10) for this resolution, and urge the Senate AMENDMENTS SUBMITTED AND supra; which was ordered to lie on the table. to pass this historic resolution. PROPOSED SA 2190. Mr. NICKLES submitted an f amendment intended to be proposed to SA 2175. Mr. NICKLES submitted an amendment SA 2170 submitted by Mr. SENATE CONCURRENT RESOLU- amendment intended to be proposed to DASCHLE and intended to be proposed to the TION 87—EXPRESSING THE amendment SA 2170 submitted by Mr. bill (H.R. 10) supra; which was ordered to lie SENSE OF CONGRESS REGARD- DASCHLE and intended to be proposed to the on the table. ING THE CRASH OF AMERICAN bill (H.R. 10) to provide for pension reform, SA 2191. Mr. GRAMM submitted an amend- and for other purposes; which was ordered to AIRLINES FLIGHT 587 ment intended to be proposed to amendment lie on the table. SA 2170 submitted by Mr. DASCHLE and in- Mr. SCHUMER (for himself and Mrs. SA 2176. Mr. NICKLES submitted an tended to be proposed to the bill (H.R. 10) CLINTON) submitted the following con- amendment intended to be proposed to supra; which was ordered to lie on the table. current resolution; which was referred amendment SA 2170 submitted by Mr. SA 2192. Mr. GRAMM submitted an amend- to the Committee on the Judiciary: DASCHLE and intended to be proposed to the ment intended to be proposed to amendment bill (H.R. 10) supra; which was ordered to lie SA 2170 submitted by Mr. DASCHLE and in- S. CON. RES. 87 on the table. tended to be proposed to the bill (H.R. 10) Whereas American Airlines Flight 587 en SA 2177. Mr. NICKLES submitted an supra; which was ordered to lie on the table. route from John F. Kennedy Airport in amendment intended to be proposed to SA 2193. Mr. GRAMM submitted an amend- Queens County, New York to Santo Do- amendment SA 2170 submitted by Mr. ment intended to be proposed to amendment mingo, Dominican Republic crashed on the DASCHLE and intended to be proposed to the SA 2170 submitted by Mr. DASCHLE and in- Rockaway Peninsula in Queens County, New bill (H.R. 10) supra; which was ordered to lie tended to be proposed to the bill (H.R. 10) York on November 12, 2001; on the table. supra; which was ordered to lie on the table. Whereas the crash resulted in the tragic SA 2178. Mr. NICKLES submitted an SA 2194. Mr. GRAMM submitted an amend- loss of life by an estimated at 266 persons, in- amendment intended to be proposed to ment intended to be proposed to amendment

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.075 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12265

SA 2170 submitted by Mr. DASCHLE and in- to the bill H.R. 10, supra; which was ordered section 4081 except with respect to fuel sold tended to be proposed to the bill (H.R. 10) to lie on the table. for exclusive use by a State or any political supra; which was ordered to lie on the table. subdivision thereof.’’. f SA 2195. Mr. GRAMM submitted an amend- (b) EFFECTIVE DATE.—The amendments ment intended to be proposed to amendment TEXT OF AMENDMENTS made by this section shall take effect on SA 2170 submitted by Mr. DASCHLE and in- January 1, 2002. tended to be proposed to the bill (H.R. 10) SA 2175. Mr. NICKLES submitted an supra; which was ordered to lie on the table. amendment intended to be proposed to SA 2177. Mr. NICKLES submitted an SA 2196. Mr. GRAMM submitted an amend- amendment SA 2170 submitted by Mr. amendment intended to be proposed to ment intended to be proposed to amendment DASCHLE and intended to be proposed amendment SA 2170 submitted by Mr. SA 2170 submitted by Mr. DASCHLE and in- to the bill (H.R. 10) to provide for pen- DASCHLE and intended to be proposed tended to be proposed to the bill (H.R. 10) sion reform, and for other purposes; supra; which was ordered to lie on the table. to the bill (H.R. 10) to provide for pen- SA 2197. Mr. GRAMM submitted an amend- which was ordered to lie on the table; sion reform, and for other purposes; ment intended to be proposed to amendment as follows: which was ordered to lie on the table; SA 2170 submitted by Mr. DASCHLE and in- On page 40, line 1, strike ‘‘10 most’’ and in- as follows: tended to be proposed to the bill (H.R. 10) sert ‘‘5 most’’. Strike section 105(c). supra; which was ordered to lie on the table. SA 2198. Mr. GRAMM submitted an amend- SA 2176. Mr. NICKLES submitted an SA 2178. Mr. NICKLES submitted an ment intended to be proposed to amendment amendment intended to be proposed to amendment intended to be proposed to SA 2170 submitted by Mr. DASCHLE and in- amendment SA 2170 submitted by Mr. amendment SA 2170 submitted by Mr. tended to be proposed to the bill (H.R. 10) supra; which was ordered to lie on the table. DASCHLE and intended to be proposed DASCHLE and intended to be proposed SA 2199. Mr. GRAMM submitted an amend- to the bill (H.R. 10) to provide for pen- to the bill (H.R. 10) to provide for pen- ment intended to be proposed to amendment sion reform, and for other purposes; sion reform, and for other purposes; SA 2170 submitted by Mr. DASCHLE and in- which was ordered to lie on the table; which was ordered to lie on the table; tended to be proposed to the bill (H.R. 10) as follows: as follows: supra; which was ordered to lie on the table. Strike section 107(c)(1). SA 2200. Mr. GRAMM submitted an amend- On page 41, after line 16, insert the fol- lowing: ment intended to be proposed to amendment SA 2179. Mr. NICKLES submitted an SA 2170 submitted by Mr. DASCHLE and in- SEC. 205. REPEAL OF 4.3-CENT MOTOR FUEL EX- tended to be proposed to the bill (H.R. 10) CISE TAXES ON RAILROADS WHICH amendment intended to be proposed to REMAIN IN GENERAL FUND. supra; which was ordered to lie on the table. amendment SA 2170 submitted by Mr. SA 2201. Mr. GRAMM submitted an amend- (a) TAXES ON TRAINS.— DASCHLE and intended to be proposed ment intended to be proposed to amendment (1) IN GENERAL.—Subparagraph (A) of sec- to the bill (H.R. 10) to provide for pen- SA 2170 submitted by Mr. DASCHLE and in- tion 4041(a)(1) (relating to tax on diesel fuel sion reform, and for other purposes; tended to be proposed to the bill (H.R. 10) in certain cases) is amended— (A) by striking ‘‘or a diesel-powered train’’ which was ordered to lie on the table; supra; which was ordered to lie on the table. as follows: SA 2202. Mr. DOMENICI submitted an in clauses (i) and (ii), and amendment intended to be proposed to (B) by striking ‘‘or train’’ in clause (i). On page 28, line 8, strike ‘‘transfer’’ and in- amendment SA 2170 submitted by Mr. (2) CONFORMING AMENDMENTS.— sert ‘‘transfer, but only if there was an on- DASCHLE and intended to be proposed to the (A) Subparagraph (C) of section 4041(a)(1) is budget surplus in the most recent fiscal year bill (H.R. 10) supra; which was ordered to lie amended by striking clause (ii) and by redes- ending prior to such transfer’’. on the table. ignating clause (iii) as clause (ii). SA 2203. Mr. DOMENICI submitted an (B) Subparagraph (C) of section 4041(b)(1) is SA 2180. Mr. NICKLES submitted an amendment intended to be proposed by him amended by striking all that follows ‘‘sec- amendment intended to be proposed to to the bill H.R. 10, supra; which was ordered tion 6421(e)(2)’’ and inserting a period. amendment SA 2170 submitted by Mr. to lie on the table. (C) Subsection (d) of section 4041 is amend- DASCHLE and intended to be proposed SA 2204. Mr. DOMENICI submitted an ed by redesignating paragraph (3) as para- to the bill (H.R. 10) to provide for pen- amendment intended to be proposed by him graph (4) and by inserting after paragraph (2) sion reform, and for other purposes; the following new paragraph: to the bill H.R. 10, supra; which was ordered which was ordered to lie on the table; to lie on the table. ‘‘(3) DIESEL FUEL USED IN TRAINS.—There is SA 2205. Mr. DOMENICI submitted an hereby imposed a tax of 0.1 cent per gallon as follows: amendment intended to be proposed by him on any liquid other than gasoline (as defined At the end of section 107, add the fol- to the bill H.R. 10, supra; which was ordered in section 4083)— lowing: to lie on the table. ‘‘(A) sold by any person to an owner, les- (h) NO GENERAL REVENUE SPENDING TO PAY SA 2206. Mr. DOMENICI submitted an see, or other operator of a diesel-powered BENEFITS.—Beginning on the date that amendment intended to be proposed by him train for use as a fuel in such train, or amounts are transferred to the National to the bill H.R. 10, supra; which was ordered ‘‘(B) used by any person as a fuel in a die- Railroad Retirement Investment Trust pur- to lie on the table. sel-powered train unless there was a taxable suant to the amendments made by this SA 2207. Mr. ALLEN submitted an amend- sale of such fuel under subparagraph (A). section— ment intended to be proposed by him to the (1) no transfers from the general fund in No tax shall be imposed by this paragraph on bill H.R. 10, supra; which was ordered to lie the treasury may be used to pay benefits the sale or use of any liquid if tax was im- on the table. under the Railroad Retirement Act of 1974; posed on such liquid under section 4081.’’. SA 2208. Mr. ALLEN submitted an amend- and (D) Subsection (f) of section 4082 is amend- ment intended to be proposed to amendment (2) such benefits shall only be payable to ed by striking ‘‘section 4041(a)(1)’’ and insert- SA 2170 submitted by Mr. DASCHLE and in- the extent that sufficient funds exist in the ing ‘‘subsections (d)(3) and (a)(1) of section tended to be proposed to the bill (H.R. 10) appropriate accounts under such Act or the 4041, respectively’’. supra; which was ordered to lie on the table. National Railroad Retirement Investment (E) Paragraph (3) of section 4083(a) is SA 2209. Mr. ALLEN submitted an amend- Trust to make such payments. ment intended to be proposed to amendment amended by striking ‘‘or a diesel-powered train’’. SA 2170 submitted by Mr. DASCHLE and in- SA 2181. Mr. NICKLES submitted an tended to be proposed to the bill (H.R. 10) (F) Paragraph (3) of section 6421(f) is amended to read as follows: amendment intended to be proposed to supra; which was ordered to lie on the table. amendment SA 2170 submitted by Mr. SA 2210. Mr. ALLEN submitted an amend- ‘‘(3) GASOLINE USED IN TRAINS.—In the case ment intended to be proposed by him to the of gasoline used as a fuel in a train, this sec- DASCHLE and intended to be proposed bill H.R. 10, supra; which was ordered to lie tion shall not apply with respect to the to the bill (H.R. 10) to provide for pen- on the table. Leaking Underground Storage Tank Trust sion reform, and for other purposes; SA 2211. Mr. ALLEN submitted an amend- Fund financing rate under section 4081.’’. which was ordered to lie on the table; ment intended to be proposed by him to the (G) Paragraph (3) of section 6427(f) is as follows: amended to read as follows: bill H.R. 10, supra; which was ordered to lie At the end, add the following: on the table. ‘‘(3) REFUND OF CERTAIN TAXES ON FUEL SA 2212. Mr. ALLEN submitted an amend- USED IN DIESEL-POWERED TRAINS.—For pur- TITLE III—REPLACEMENT PENSION ment intended to be proposed to amendment poses of this subsection, the term ‘non- PLAN SA 2170 submitted by Mr. DASCHLE and in- taxable use’ includes fuel used in a diesel- SEC. 301. REPLACEMENT PENSION PLAN. tended to be proposed to the bill (H.R. 10) powered train. The preceding sentence shall (a) IN GENERAL.—Notwithstanding any supra; which was ordered to lie on the table. not apply to the tax imposed by section other provision of law, any employer (as de- SA 2213. Mrs. FEINSTEIN submitted an 4041(d) and the Leaking Underground Stor- fined in section 1(a)(1) of the Railroad Re- amendment intended to be proposed by her age Tank Trust Fund financing rate under tirement Act of 1974), including the National

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.050 pfrm04 PsN: S30PT1 S12266 CONGRESSIONAL RECORD — SENATE November 30, 2001 Railroad Passenger Corporation, may enter amendment SA 2170 submitted by Mr. (1) IN GENERAL.—Subparagraph (A) of sec- into negotiations with employee representa- DASCHLE and intended to be proposed tion 4041(a)(1) of the Internal Revenue Code tives with respect to a new pension plan for to the bill (H.R. 10) to provide for pen- of 1986 (relating to tax on diesel fuel in cer- its employees for the purpose of terminating sion reform, and for other purposes; tain cases) is amended— coverage under such Act. (A) by striking ‘‘or a diesel-powered train’’ (b) CERTIFICATION OF PLAN.—If the plan de- which was ordered to lie on the table; in clauses (i) and (ii), and scribed in subsection (a) is certified by the as follows: (B) by striking ‘‘or train’’ in clause (i). Secretary of Labor and the Secretary of the Strike all after the enacting clause and in- (2) CONFORMING AMENDMENTS.— Treasury as a bona fide plan that meets the sert the following: (A) Subparagraph (C) of section 4041(a)(1) of criteria of the Employee Retirement Income SECTION 1. SHORT TITLE. such Code is amended by striking clause (ii) Security Act of 1974 for pension funds, then, This Act may be cited as the ‘‘Railroad Re- and by redesignating clause (iii) as clause notwithstanding any other provision of law, tirement and Survivors’ Improvement Act of (ii). the individuals described in subsection (a) 2001’’. (B) Subparagraph (C) of section 4041(b)(1) of shall not longer be entitled to benefits under SEC. 2. EXPANSION OF WIDOW’S AND WIDOWER’S such Code is amended by striking all that the Railroad Retirement Act of 1974. BENEFITS. follows ‘‘section 6421(e)(2)’’ and inserting a (c) TECHNICAL AND CONFORMING CHANGES.— (a) IN GENERAL.—Section 4(g) of the Rail- period. The Commissioner of Social Security, the road Retirement Act of 1974 (45 U.S.C. (C) Subsection (d) of section 4041 of such Railroad Retirement Board, and the Sec- 231c(g)) is amended by adding at the end the Code is amended by redesignating paragraph retary of the Treasury, as soon as prac- following new subdivision: (3) as paragraph (4) and by inserting after ticable but in any event not later than 180 ‘‘(10)(i) If for any month the unreduced an- paragraph (2) the following new paragraph: days after the date of enactment of this Act, nuity provided under this section for a ‘‘(3) DIESEL FUEL USED IN TRAINS.—There is submit to the Committee on Ways and widow or widower is less than the widow’s or hereby imposed a tax of 0.1 cent per gallon Means of the House of Representatives and widower’s initial minimum amount com- on any liquid other than gasoline (as defined the Committee on Finance of the Senate a puted pursuant to paragraph (ii) of this sub- in section 4083)— draft of any technical and conforming division, the unreduced annuity shall be in- ‘‘(A) sold by any person to an owner, les- changes in the Social Security Act, the Rail- creased to that initial minimum amount. see, or other operator of a diesel-powered road Retirement Act of 1974, and the Internal For the purposes of this subdivision, the un- train for use as a fuel in such train, or Revenue Code of 1986 which are necessary to reduced annuity is the annuity without re- ‘‘(B) used by any person as a fuel in a die- reflect throughout such Acts and Code the gard to any deduction on account of work, sel-powered train unless there was a taxable purposes of this section. without regard to any reduction for entitle- sale of such fuel under subparagraph (A). ment to an annuity under section 2(a)(1) of No tax shall be imposed by this paragraph on SA 2182. Mr. NICKLES submitted an this Act, without regard to any reduction for the sale or use of any liquid if tax was im- amendment intended to be proposed to entitlement to a benefit under title II of the posed on such liquid under section 4081.’’. amendment SA 2170 submitted by Mr. Social Security Act, and without regard to (D) Subsection (f) of section 4082 of such DASCHLE and intended to be proposed any reduction for entitlement to a public Code is amended by striking ‘‘section to the bill (H.R. 10) to provide for pen- service pension pursuant to section 202(e)(7), 4041(a)(1)’’ and inserting ‘‘subsections (d)(3) sion reform, and for other purposes; 202(f)(2), or 202(g)(4) of the Social Security and (a)(1) of section 4041, respectively’’. Act. (E) Paragraph (3) of section 4083(a) of such which was ordered to lie on the table; Code is amended by striking ‘‘or a diesel- as follows: ‘‘(ii) For the purposes of this subdivision, the widow or widower’s initial minimum powered train’’. On page 13, between lines 24 and 25, insert amount is the amount of the unreduced an- (F) Paragraph (3) of section 6421(f) of such the following: nuity computed at the time an annuity is Code is amended to read as follows: ‘‘(3) TREATMENT AS A MULTIEMPLOYER PEN- awarded to that widow or widower, except ‘‘(3) GASOLINE USED IN TRAINS.—In the case SION FUND.—For purposes of the Employee that— of gasoline used as a fuel in a train, this sec- Retirement Income Security Act of 1974, the ‘‘(A) in subsection (g)(1)(i) ‘100 per centum’ tion shall not apply with respect to the Trust shall be treated as a multiemployer shall be substituted for ‘50 per centum’; and Leaking Underground Storage Tank Trust plan (as defined in section 3(37) of such Act). ‘‘(B) in subsection (g)(2)(ii) ‘130 per centum’ Fund financing rate under section 4081.’’. (G) Paragraph (3) of section 6427(f) of such Mr. NICKLES submitted an shall be substituted for ‘80 per centum’ both SA 2183. places it appears. Code is amended to read as follows: amendment intended to be proposed to ‘‘(iii) If a widow or widower who was pre- ‘‘(3) REFUND OF CERTAIN TAXES ON FUEL amendment SA 2170 submitted by Mr. viously entitled to a widow’s or widower’s USED IN DIESEL-POWERED TRAINS.—For pur- DASCHLE and intended to be proposed annuity under section 2(d)(1)(ii) of this Act poses of this subsection, the term ‘non- to the bill (H.R. 10) to provide for pen- becomes entitled to a widow’s or widower’s taxable use’ includes fuel used in a diesel- sion reform, and for other purposes; annuity under section 2(d)(1)(i) of this Act, a powered train. The preceding sentence shall new initial minimum amount shall be com- not apply to the tax imposed by section which was ordered to lie on the table; 4041(d) and the Leaking Underground Stor- as follows: puted at the time of award of the widow’s or widower’s annuity under section 2(d)(1)(i) of age Tank Trust Fund financing rate under Strike section 102. this Act.’’. section 4081 except with respect to fuel sold (b) EFFECTIVE DATE.— for exclusive use by a State or any political Mr. NICKLES submitted an SA 2184. (1) IN GENERAL.—The amendment made by subdivision thereof.’’. amendment intended to be proposed to this section shall take effect on the first day (b) EFFECTIVE DATE.—The amendments amendment SA 2170 submitted by Mr. of the first month that begins more than 30 made by this section shall take effect on DASCHLE and intended to be proposed days after enactment, and shall apply to an- January 1, 2002. to the bill (H.R. 10) to provide for pen- nuity amounts accruing for months after the SA 2186. Mr. BOND submitted an sion reform, and for other purposes; effective date in the case of annuities awarded— amendment intended to be proposed by which was ordered to lie on the table; him to the bill H.R. 10, to provide for as follows: (A) on or after that date; and (B) before that date, but only if the annu- pension reform, and for other purposes; At the end, add the following: ity amount under section 4(g) of the Railroad which was ordered to lie on the table; TITLE III—REPEAL OF GENERAL FUND Retirement Act of 1974 (45 U.S.C. 231c(g)) was as follows: SUBSIDY TO RAILROAD RETIREMENT computed under such section, as amended by At the appropriate place, insert the fol- ACCOUNT the Omnibus Budget Reconciliation Act of lowing: SEC. 301. REPEAL OF GENERAL FUND SUBSIDY 1981 (Public Law 97–35; 95 Stat. 357). SEC. ll. FAIR AND EQUITABLE RESOLUTION OF TO RAILROAD RETIREMENT AC- (2) SPECIAL RULE FOR ANNUITIES AWARDED LABOR INTEGRATION ISSUES. COUNT. BEFORE THE EFFECTIVE DATE.—In applying (a) PURPOSE.—The purpose of this section (a) REPEAL.—Subsection (c)(1)(A) of section the amendment made by this section to an- is to require procedures that ensure the fair 224 of the Railroad Retirement Solvency Act nuities awarded before the effective date, the and equitable resolution of labor integration of 1983 (45 U.S.C. 231n note) is repealed. calculation of the initial minimum amount issues, in order to prevent further disruption (b) EFFECTIVE DATE.—The repeal made by under new section 4(g)(10)(ii) of the Railroad to transactions for the combination of air subsection (a) shall take effect on the date Retirement Act of 1974 (45 U.S.C. carriers, which would potentially aggravate that amounts are transferred to the National 231c(g)(10)(ii)), as added by subsection (a), the disruption caused by the attack on the Railroad Retirement Investment Trust pur- shall be made as of the date of the award of United States on September 11, 2001. suant to the amendments made by section the widow’s or widower’s annuity. (b) DEFINITIONS.—In this Act: 107. SEC. 3. REPEAL OF 4.3-CENT MOTOR FUEL EXCISE (1) AIR CARRIER.—The term ‘‘air carrier’’ TAXES ON RAILROADS WHICH RE- means an air carrier that holds a certificate SA 2185. Mr. NICKLES submitted an MAIN IN GENERAL FUND. issued under chapter 411 of title 49, United amendment intended to be proposed to (a) TAXES ON TRAINS.— States Code.

VerDate 11-MAY-2000 03:31 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.058 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12267

(2) COVERED AIR CARRIER.—The term ‘‘cov- (3) COVERED EMPLOYEE.—The term ‘‘cov- (4) COVERED TRANSACTION.—The term ‘‘cov- ered air carrier’’ means an air carrier that is ered employee’’ means an employee who— ered transaction’’ means a transaction involved in a covered transaction. (A) is not a temporary employee; and that— (3) COVERED EMPLOYEE.—The term ‘‘cov- (B) is a member of a craft or class that is (A) is a transaction for the combination of ered employee’’ means an employee who— subject to the Railway Labor Act (45 U.S.C. multiple air carriers into a single air carrier; (A) is not a temporary employee; and 151 et seq.). (B) involves the transfer of ownership or (B) is a member of a craft or class that is (4) COVERED TRANSACTION.—The term ‘‘cov- control of— subject to the Railway Labor Act (45 U.S.C. ered transaction’’ means a transaction (i) 50 percent or more of the equity securi- 151 et seq.). that— ties (as defined in section 101 of title 11, (4) COVERED TRANSACTION.—The term ‘‘cov- (A) is a transaction for the combination of United States Code) of an air carrier; or ered transaction’’ means a transaction multiple air carriers into a single air carrier; (ii) 50 percent or more (by value) of the as- that— (B) involves the transfer of ownership or sets of the air carrier; (A) is a transaction for the combination of control of— (C) became a pending transaction, or was multiple air carriers into a single air carrier; (i) 50 percent or more of the equity securi- completed, not earlier than January 1, 2001; (B) involves the transfer of ownership or ties (as defined in section 101 of title 11, and control of— United States Code) of an air carrier; or (D) did not result in the creation of a sin- (i) 50 percent or more of the equity securi- (ii) 50 percent or more (by value) of the as- gle air carrier by September 11, 2001. ties (as defined in section 101 of title 11, sets of the air carrier; (c) SENIORITY INTEGRATION.—In any cov- United States Code) of an air carrier; or (C) became a pending transaction, or was ered transaction involving a covered air car- (ii) 50 percent or more (by value) of the as- completed, not earlier than January 1, 2001; rier that leads to the combination of crafts sets of the air carrier; and or classes that are subject to the Railway (C) became a pending transaction, or was (D) did not result in the creation of a sin- Labor Act— completed, not earlier than January 1, 2001; gle air carrier by September 11, 2001. (1) sections 3 and 13 of the labor protective (c) SENIORITY INTEGRATION.—In any cov- and provisions imposed by the Civil Aeronautics ered transaction involving a covered air car- (D) did not result in the creation of a sin- Board in the Allegheny-Mohawk merger (as rier that leads to the combination of crafts gle air carrier by September 11, 2001. published at 59 CAB 45) shall apply to the or classes that are subject to the Railway (c) SENIORITY INTEGRATION.—In any cov- Labor Act— covered employees of the covered air carrier; ered transaction involving a covered air car- (1) sections 3 and 13 of the labor protective and rier that leads to the combination of crafts provisions imposed by the Civil Aeronautics (2) subject to paragraph (1), in a case in or classes that are subject to the Railway Board in the Allegheny-Mohawk merger (as which a collective bargaining agreement pro- Labor Act— published at 59 CAB 45) shall apply to the vides for the application of sections 3 and 13 (1) sections 3 and 13 of the labor protective covered employees of the covered air carrier; of the labor protective provisions in the provisions imposed by the Civil Aeronautics and process of seniority integration for the cov- Board in the Allegheny-Mohawk merger (as (2) subject to paragraph (1), in a case in ered employees, the terms of the collective published at 59 CAB 45) shall apply to the which a collective bargaining agreement pro- bargaining agreement shall apply to the cov- covered employees of the covered air carrier; vides for the application of sections 3 and 13 ered employees and shall not be abrogated. and of the labor protective provisions in the (d) ENFORCEMENT.—Any aggrieved person (2) subject to paragraph (1), in a case in process of seniority integration for the cov- (including any labor organization that rep- which a collective bargaining agreement pro- ered employees, the terms of the collective resents the person) may bring an action to vides for the application of sections 3 and 13 bargaining agreement shall apply to the cov- enforce this section, or the terms of any of the labor protective provisions in the ered employees and shall not be abrogated. award or agreement resulting from arbitra- process of seniority integration for the cov- (d) ENFORCEMENT.—Any aggrieved person tion or a settlement relating to the require- ered employees, the terms of the collective (including any labor organization that rep- ments of this section. The person may bring bargaining agreement shall apply to the cov- resents the person) may bring an action to the action in an appropriate Federal district ered employees and shall not be abrogated. enforce this section, or the terms of any court, determined in accordance with section (d) ENFORCEMENT.—Any aggrieved person award or agreement resulting from arbitra- 1391 of title 28, United States Code, without (including any labor organization that rep- tion or a settlement relating to the require- regard to the amount in controversy. resents the person) may bring an action to ments of this section. The person may bring enforce this section, or the terms of any the action in an appropriate Federal district SA 2189. Mr. GRAMM submitted an award or agreement resulting from arbitra- court, determined in accordance with section tion or a settlement relating to the require- 1391 of title 28, United States Code, without amendment intended to be proposed to ments of this section. The person may bring regard to the amount in controversy. amendment SA 2170 submitted by Mr. the action in an appropriate Federal district DASCHLE and intended to be proposed court, determined in accordance with section SA. 2188. Mr. BOND submitted an to the bill (H.R. 10) to provide for pen- 1391 of title 28, United States Code, without amendment intended to be proposed to sion reform, and for other purposes; regard to the amount in controversy. amendment SA 2170 submitted by Mr. which was ordered to lie on the table; DASCHLE and intended to be proposed as follows: SA 2187. Mr. BOND submitted an to the bill (H.R. 10) to provide for pen- On page 2 of the amendment, insert before amendment intended to be proposed to sion reform, and for other purposes; amendment SA 2171 submitted by Mr. line 1 the following: which was ordered to lie on the table; ‘‘SEC. 2. Notwithstanding any other provi- LOTT and intended to be proposed to as follows: sion of this Act, the $15,000,000,000 transfer the amendment SA 2170 proposed by At the appropriate place, insert the fol- authorized under section 107(a) shall not Mr. DASCHLE to the bill (H.R. 10) to lowing: take effect unless the Secretary of the Treas- provide for pension reform, and for SEC. ll. FAIR AND EQUITABLE RESOLUTION OF ury finds that no portion of the transferred other purposes; which was ordered to LABOR INTEGRATION ISSUES. funds are attributable to the surplus in So- lie on the table; as follows: (a) PURPOSE.—The purpose of this section cial Security.’’. is to require procedures that ensure the fair At the appropriate place, insert the fol- and equitable resolution of labor integration Mr. NICKLES submitted an lowing: issues, in order to prevent further disruption SA 2190. SEC. ll. FAIR AND EQUITABLE RESOLUTION OF to transactions for the combination of air amendment intended to be proposed to LABOR INTEGRATION ISSUES. carriers, which would potentially aggravate amendment SA 2170 submitted by Mr. (a) PURPOSE.—The purpose of this section the disruption caused by the attack on the DASCHLE and intended to be proposed is to require procedures that ensure the fair United States on September 11, 2001. to the bill (H.R. 10) to provide for pen- and equitable resolution of labor integration (b) DEFINITIONS.—In this Act: sion reform, and for other purposes; issues, in order to prevent further disruption (1) AIR CARRIER.—The term ‘‘air carrier’’ which was ordered to lie on the table; to transactions for the combination of air means an air carrier that holds a certificate carriers, which would potentially aggravate issued under chapter 411 of title 49, United as follows: the disruption caused by the attack on the States Code. Strike section 204(d) and insert the fol- United States on September 11, 2001. (2) COVERED AIR CARRIER.—The term ‘‘cov- lowing: (b) DEFINITIONS.—In this Act: ered air carrier’’ means an air carrier that is (d) DETERMINATION OF RATE.—Chapter 22 is (1) AIR CARRIER.—The term ‘‘air carrier’’ involved in a covered transaction. amended by adding at the end the following means an air carrier that holds a certificate (3) COVERED EMPLOYEE.—The term ‘‘cov- new subchapter: issued under chapter 411 of title 49, United ered employee’’ means an employee who— ‘‘Subchapter E—Tier 2 Tax Rate States Code. (A) is not a temporary employee; and Determination (2) COVERED AIR CARRIER.—The term ‘‘cov- (B) is a member of a craft or class that is ered air carrier’’ means an air carrier that is subject to the Railway Labor Act (45 U.S.C. ‘‘Sec. 3241. Determination of tier 2 tax rate involved in a covered transaction. 151 et seq.). based on account benefits ratio.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0655 E:\CR\FM\A30NO6.061 pfrm04 PsN: S30PT1 S12268 CONGRESSIONAL RECORD — SENATE November 30, 2001 ‘‘SEC. 3241. DETERMINATION OF TIER 2 TAX RATE amendment SA 2170 submitted by Mr. that the combined balances of the Railroad BASED ON ACCOUNT BENEFITS DASCHLE and intended to be proposed Retirement trust funds have been depleted RATIO. by more than 10 percent as compared to the ‘‘(a) IN GENERAL.—For purposes of sections to the bill (H.R. 10) to provide for pen- sion reform, and for other purposes; combined balances of the Railroad Retire- 3201(b), 3211(b), and 3221(b), the applicable ment trust funds projected by the Railroad percentage for any calendar year is the per- which was ordered to lie on the table; Retirement Board under employment as- centage determined in accordance with the as follows: sumption II as of the day before the date of table in subsection (b). On page 2 of the amendment, insert before enactment of this Act.’’. ‘‘(b) TAX RATE SCHEDULE.— line 1 the following: ‘‘SEC. 2. Notwithstanding any other provi- SA 2199. Mr. GRAMM submitted an ‘‘Account benefits ratio Applicable percentage Applicable sion of Act, the Board of Trustees created amendment intended to be proposed to percentage under section 105 shall invest the funds of But less for sections for section amendment SA 2170 submitted by Mr. At least 3211(b) and the Trust only in a manner that maximizes than 3201(b) DASCHLE and intended to be proposed 3221(b) return on investment, consistent with pru- to the bill (H.R. 10) to provide for pen- 2.5 22.1 4.9 dent risk management. Any railroad em- 2.5 3.0 18.1 4.9 ployee, retiree, survivor, or company may sion reform, and for other purposes; 3.0 3.5 15.1 4.9 bring a civil action to enforce this section.’’. which was ordered to lie on the table; 3.5 4.0 14.1 4.9 as follows: 4.0 6.1 13.1 4.9 SA 2194. Mr. GRAMM submitted an 6.1 6.5 12.6 4.4 On page 2 of the amendment, insert before 6.5 7.0 12.1 3.9 amendment intended to be proposed to line 1 the following: 7.0 7.5 11.6 3.4 amendment SA 2170 submitted by Mr. ‘‘SEC. 2. Notwithstanding any other provi- 7.5 8.0 11.1 2.9 DASCHLE and intended to be proposed sion of Act, any reduction in tax under sec- 8.0 8.5 10.1 1.9 tion 204 shall be null and void in any year 8.5 9.0 9.1 0.9 to the bill (H.R. 10) to provide for pen- sion reform, and for other purposes; that the combined balances of the Railroad 9.0 8.2 0 Retirement trust funds have been depleted which was ordered to lie on the table; by more than 20 percent as compared to the ‘‘(c) ACCOUNT BENEFITS RATIO.—For pur- as follows: poses of this section, the term ‘account bene- combined balances of the Railroad Retire- fits ratio’ means, with respect to any cal- In the table on page 39, line 9, strike 22.1 ment trust funds projected by the Railroad endar year, the amount determined by the and insert ‘‘such percentage as the Secretary Retirement Board under employment as- Railroad Retirement Board by dividing the determines is necessary to restore the aver- sumption II as of the day before the date of fair market value of the assets in the Rail- age account benefit ratio to 2.5.’’. enactment of this Act.’’. road Retirement Account and of the Na- tional Railroad Retirement Investment SA 2195. Mr. GRAMM submitted an SA 2200. Mr. GRAMM submitted an Trust (and for years before 2002, the Social amendment intended to be proposed to amendment intended to be proposed to Security Equivalent Benefits Account) as of amendment SA 2170 submitted by Mr. amendment SA 2170 submitted by Mr. the close of the most recent fiscal year end- DASCHLE and intended to be proposed DASCHLE and intended to be proposed ing before such calendar year by the total to the bill (H.R. 10) to provide for pen- to the bill (H.R. 10) to provide for pen- benefits and administrative expenses paid sion reform, and for other purposes; sion reform, and for other purposes; from the Railroad Retirement Account and which was ordered to lie on the table; the National Railroad Retirement Invest- which was ordered to lie on the table; ment Trust during such fiscal year. as follows: as follows: ‘‘(d) NOTICE.—No later than December 1 of Strike Sec. 107(c). On page 2 of the amendment, insert before each calendar year, the Secretary shall pub- line 1 the following: lish a notice in the Federal Register of the SA 2196. Mr. GRAMM submitted an ‘‘SEC. 2. Notwithstanding any other provi- rates of tax determined under this section amendment intended to be proposed to sion of Act, any reduction in tax under sec- which are applicable for the following cal- amendment SA 2170 submitted by Mr. tion 204 shall be null and void in any year endar year.’’. DASCHLE and intended to be proposed that the combined balances of the Railroad Retirement trust funds have been depleted SA 2191. Mr. GRAMM submitted an to the bill (H.R. 10) to provide for pen- sion reform, and for other purposes; by more than 40 percent as compared to the amendment intended to be proposed to combined balances of the Railroad Retire- amendment SA 2170 submitted by Mr. which was ordered to lie on the table; ment trust funds projected by the Railroad DASCHLE and intended to be proposed as follows: Retirement Board under employment as- to the bill (H.R. 10) to provide for pen- On page 2 of the amendment, insert before sumption II as of the day before the date of sion reform, and for other purposes; line 1 the following: enactment of this Act.’’. which was ordered to lie on the table; ‘‘SEC. 2. Notwithstanding any other provi- sion of this Act, any reduction in tax or in- SA 2201. Mr. GRAMM submitted an as follows: crease in benefits shall take effect only to On page 2 of the amendment, insert before amendment intended to be proposed to the degree that the Secretary of the Treas- amendment SA 2170 submitted by Mr. line 1 the following: ury finds that the actual earnings of the ‘‘SEC. 2. Notwithstanding any other provi- Railroad Retirement Investment Trust Fund DASCHLE and intended to be proposed sion of Act, the reduction in the retirement are sufficient to fund them.’’. to the bill (H.R. 10) to provide for pen- age authorized by section 102 shall not take sion reform, and for other purposes; effect until the Secretary of the Treasury SA 2197. Mr. GRAMM submitted an which was ordered to lie on the table; finds that there has been a comparable re- as follows: duction in the Social Security retirement amendment intended to be proposed to age.’’. amendment SA 2170 submitted by Mr. On page 2 of the amendment, insert before DASCHLE and intended to be proposed line 1 the following: SA 2192. Mr. GRAMM submitted an to the bill (H.R. 10) to provide for pen- ‘‘SEC. 2. Notwithstanding any other provi- amendment intended to be proposed to sion reform, and for other purposes; sion of Act, any reduction in tax under sec- amendment SA 2170 submitted by Mr. which was ordered to lie on the table; tion 204 shall be null and void in any year that the combined balances of the Railroad DASCHLE and intended to be proposed as follows: Retirement trust funds have been depleted to the bill (H.R. 10) to provide for pen- Strike Section 105(c). by more than 75 percent ads compared to the sion reform, and for other purposes; combined balance of the Railroad Retire- which was ordered to lie on the table; SA 2198. Mr. GRAMM submitted an ment trust funds projected by the Railroad as follows: amendment intended to be proposed to Retirement Board under employment as- On page 2 of the amendment, insert before amendment SA 2170 submitted by Mr. sumption II as of the day before the date of line 1 the following: DASCHLE and intended to be proposed enacting of this Act.’’. ‘‘SEC. 2. Notwithstanding any other provi- to the bill (H.R. 10) to provide for pen- sion of this Act, the $15,000,000,000 transfer sion reform, and for other purposes; SA 2202. Mr. DOMENICI submitted an authorized under section 107(a) shall not which was ordered to lie on the table; amendment intended to be proposed to take effect unless the Secretary of the Treas- amendment SA 2170 submitted by Mr. ury finds that no portion of the transferred as follows: DASCHLE and intended to be proposed funds are attributable to the surplus in So- On page 2 of the amendment, insert before cial Security or in Medicare.’’. line 1 the following: to the bill (H.R. 10) to provide for pen- ‘‘SEC. 2. Notwithstanding any other provi- sion reform, and for other purposes; SA 2193. Mr. GRAMM submitted an sion of Act, any reduction in tax under sec- which was ordered to lie on the table; amendment intended to be proposed to tion 204 shall be null and void in any year as follows:

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.064 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12269 Strike section 105(c). SEC. . SENSE OF THE SENATE REGARDING AC- with the Commonwealth of Virginia, North- CELERATION OF RAIL TO WASH- ern Virginia municipalities, and the Metro- SA 2203. Mr. DOMENICI submitted an INGTON DULLES INTERNATIONAL politan Washington Area Transit Authority amendment intended to be proposed by AIRPORT. to develop and implement a financing plan (a.) SENSE OF THE SENATE.—It is the sense for the Dulles Corridor rapid transit project. him to the bill H.R. 10, to provide for of the Senate that Congress should— pension reform, and for other purposes; (1) Act expeditiously to facilitate the ex- SA 2210. Mr. ALLEN submitted an which was ordered to lie on the table; tension of rail service to Washington Dulles amendment intended to be proposed by as follows: International Airport. (2) Encourage the Administrator of the him to the bill H.R. 10, to provide for At the appropriate place, insert the fol- pension reform, and for other purposes; lowing: Federal Transit Administration to work which was ordered to lie on the table; SEC. . EFFECTIVE DATE REQUIRES BALANCED with the Commonwealth of Virginia, North- BUDGET. ern Virginia municipalities, and the Metro- as follows: Notwithstanding any other provision of politan Washington Area Transit Authority At the appropriate place, insert the fol- this Act, this Act and the amendments made to develop and implement a financing plan lowing: by this Act shall take effect on the first day for the Dulles Corridor raid transit project. SEC. NATIONAL EMERGENCY GRANTS. of the first fiscal year with respect to a In section 173(a) of the Workforce Invest- budget that follows the year when an actual SA 2280. Mr. ALLEN submitted an ment Act of 1998 (29 U.S.C. 2918(a)(4)), add on-budget surplus that exceeds amounts in amendment intended to be proposed to after (3): the Medicare trust funds has been achieved.. amendment SA 2170 submitted by Mr. (4) to provide assistance to the Governor to DASCHLE and intended to be proposed provide personal income compensation to a SA 2204. Mr. DOMENICI submitted an to the bill (H.R. 10) to provide for pen- unemployed worker, if— (A) the worker is unable to work due to di- amendment intended to be proposed by sion reform, and for other purposes; him to the bill H.R. 10, to provide for rect Federal Government intervention, as a which was ordered to lie on the table; result of a direct response to the terrorist at- pension reform, and for other purposes; as follows: tacks which occurred on September 11th, which was ordered to lie on the table; At the appropriate place insert the fol- 2001, leading to— as follows: lowing. (i) closure of the facility at which the At the appropriate place, insert the fol- SECTION 1. SHORT TITLE. worker was employed, prior to the interven- lowing: This Act may be cited as the ‘‘Terrorist tion; or (ii) a restriction on how business may be SEC. . EFFECTIVE DATE REQUIRES BALANCED Response Tax Exemption Act’’. conducted at the facility; and BUDGET. SEC. 2 EXCLUSION OF CERTAIN TERRORIST AT- Notwithstanding any other provision of (B) the facility is located within an area, TACK ZONE COMPENSATION OF CI- which not later than October 1, 2001, was de- this Act, this Act and the amendments made VILIAN UNIFORMED PERSONNEL. clared a major disaster area or an emergency by this Act shall take effect on the first day (a) IN GENERAL.—Part III of subchapter B by the President, pursuant to section 401 or of the first fiscal year with respect to which of chapter 1 of the Internal Revenue Code of 501, respectively, of the Robert T. Stafford the President submits a budget pursuant to 1986 (relating to * * * Disaster Relief and Emergency Relief Act (42 section 1105 of title 31, United States Code, ‘‘(A) were dangerous to human life and a U.S.C. 5170 and 5191), due to a terrorist at- that provides an on-budget surplus that ex- violation of the criminal laws of the United tack on the United States on September 11, ceeds amounts in the Medicare trust funds. States or of any State, and 2001. ‘‘(B) would appear to be intended to intimi- (5) to provide assistance to the Governor to SA 2205. Mr. DOMENICI submitted an date or coerce a civilian population, influ- provide business income compensation to an ence the policy of a government by intimida- amendment intended to be proposed by independently owned business or proprietor- tion, or affect the conduct of a government him to the bill H.R. 10, to provide for ship if— pension reform, and for other purposes; by assassination or kidnapping. (A) the business or proprietorship is unable which was ordered to lie on the table; ‘‘(3) COMPENSATION.—The term ‘compensa- to earn revenue due to direct Federal inter- tion’ does not include pensions and retire- as follows: vention, as a result of a direct response to ment pay.’’. the terrorist attacks which occurred on Sep- At the appropriate place, insert the fol- (b) CONFORMING AMENDMENTS.— lowing: tember 11th, 2001, leading to— (1) Section 3401(a)(1) of the Internal Rev- (i) closure of the facility at which the busi- SEC. . EFFECTIVE DATE REQUIRES BALANCED enue Code of 1986 is amended by inserting ness or prorietorship was located, prior to BUDGET. ‘‘or section 112A (relating to certain ter- the intervention; or Notwithstanding any other provision of rorist attack zone compensation of civilian (ii) a restriction on how customers may ac- this Act, this Act and the amendments made uniformed personnel)’’ after ‘‘United cess the facility; and by this Act shall take effect on the first day States)’’. (B) the facility is located within an area, of the first fiscal year with respect to which (2) The table of sections for part III of sub- which not later than October 1, 2001, was de- the President submits a budget pursuant to chapter B of chapter 1 of such Code is amend- clared a major disaster area or an emergency section 1105 of title 31, United States Code, ed by inserting after the item relating to by the President, pursuant to section 401 or that provides an on-budget surplus. section 112 the following new item: 501, respectively, of the Robert T. Stafford ‘‘Sec. 112A. Certain terrorist attack zone Disaster Relief and Emergency Relief Act (42 SA 2206. Mr. DOMENICI submitted an compensation of civilian uni- U.S.C. 5170 and 5191), due to a terrorist at- amendment intended to be proposed by formed personnel.’’. tack on the United States on September 11, him to the bill H.R. 10, to provide for (c) EFFECTIVE DATE.—The amendments 2001. pension reform, and for other purposes; made by this section shall apply to taxable Mr. ALLEN submitted an which was ordered to lie on the table; years ending on or after September 11, 2001. SA 2211. amendment intended to be proposed by as follows: SA 2209. Mr. ALLEN submitted an At the appropriate place, insert the fol- amendment intended to be proposed to him to the bill H.R. 10, to provide for lowing: amendment SA 2170 submitted by Mr. pension, reform, and for other pur- poses; which was ordered to lie on the SEC. . EFFECTIVE DATE REQUIRES BALANCED DASCHLE and intended to be proposed BUDGET. to the bill (H.R. 10) to provide for pen- table; as follows: Notwithstanding any other provision of sion reform, and for other purposes; Insert the following. this Act, this Act and the amendments made which was ordered to lie on the table; SECTION . SHORT TITLE. by this Act shall take effect on the first day This Act may be cited as the ‘‘Terrorist of the first fiscal year with respect to which as follows: Response Tax Exemption Act’’. the President submits a budget pursuant to At the appropriate place insert the fol- SEC. . EXCLUSION OF CERTAIN TERRORIST AT- section 1105 of title 31, United States Code, lowing. TACK ZONE COMPENSATION OF CI- that provide a unified budget surplus. SEC. . SENSE OF THE SENATE REGARDING AC- VILIAN UNIFORMED PERSONNEL. CELERATION OF RAIL TO WASH- (a) IN GENERAL.—Part III of subchapter B SA 2207. Mr. ALLEN submitted an INGTON DULLES INTERNATIONAL of chapter 1 of the Internal Revenue Code of amendment intended to be proposed by AIRPORT. 1986 (relating to items specifically excluded him to the bill H.R. 10, to provide for (a.) SENSE OF THE SENATE.—It is the sense from gross income) is amended by inserting pension reform, and for other purposes; of the Senate that Congress should— after section 112 the following new section: (1) Act expeditiously to facilitate the ex- which was ordered to lie on the table; ‘‘SEC. 112A. CERTAIN TERRORIST ATTACK ZONE tension of rail service to Washington Dulles COMPENSATION OF CIVILIAN UNI- as follows: International Airport. FORMED PERSONNEL. At the appropriate place insert the fol- (2) Encourage the Administrator of the ‘‘(a) IN GENERAL.—Gross income does not lowing. Federal Transit Administration to work include compensation received by a civilian

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.080 pfrm04 PsN: S30PT1 S12270 CONGRESSIONAL RECORD — SENATE November 30, 2001 uniformed employee for any month during (5) to provide assistance to the Governor to SEC. ll04. PROHIBITION ON HUMAN CLONING. any part of which such employee provides se- provide business income compensation to an (a) IN GENERAL.—Title 18, United States curity, safety, fire management, or medical independently owned business or proprietor- Code, is amended by inserting after chapter services in a terrorist attack zone. ship if— 15, the following: ‘‘(b) DEFINITIONS.—For purposes of this (A) the business or proprietorship is unable ‘‘CHAPTER 16—PROHIBITION ON HUMAN section— to earn revenue due to direct Federal inter- CLONING ‘‘(1) CIVILIAN UNIFORMED EMPLOYEE.—The vention, as a result of a direct response to ‘‘Sec. term ‘civilian uniformed employee’ means the terrorist attacks which occurred on Sep- ‘‘301. Prohibition on human cloning. tember 11, 2001, leading to— any nonmilitary individual employed by a ‘‘§ 301. Prohibition on human cloning Federal, State, or local government (or any (i) closure of the facility at which the busi- ness or proprietorship was located, prior to ‘‘(a) DEFINITIONS.—In this section: agency or instrumentality thereof) for the ‘‘(1) HUMAN CLONING.—The term ‘human purpose of maintaining public order, estab- the intervention; or (ii) a restriction on how customers may ac- cloning’ means asexual reproduction by im- lishing and maintaining public safety, or re- cess the facility; and planting or attempting to implant the prod- sponding to medical emergencies. (B) the facility is located within an area, uct of nuclear transplantation into a uterus. ‘‘(2) TERRORIST ATTACK ZONE.—The term which not later than October 1, 2001, was de- ‘‘(2) HUMAN SOMATIC CELL.—The term ‘terrorist attack zone’ means any area des- clared a major disaster area or an emergency ‘human somatic cell’ means a mature, ignated by the President or any applicable by the President, pursuant to section 401 or diploid cell that is obtained or derived from State or local authority (as determined by 501, respectively, of the Robert T. Stafford a living or deceased human being at any the Secretary) to be an area in which oc- Disaster Relief and Emergency Relief Act (42 stage of development. curred a violent act or acts which— U.S.C. 5170 and 5191), due to a terrorist at- ‘‘(3) NUCLEAR TRANSPLANTATION.—The term ‘‘(A) were dangerous to human life and a tack on the United States on September 11, ‘nuclear transplantation’ means transferring violation of the criminal laws of the United 2001. the nucleus of a human somatic cell into an States or of any State, and oocyte from which the nucleus or all chro- ‘‘(B) would appear to be intended to intimi- SA 2213. Mrs. FEINSTEIN submitted mosomes have been or will be removed or date or coerce a civilian population, influ- an amendment intended to be proposed rendered inert. ence the policy of a government by intimida- by her to the bill H.R. 10, to provide for ‘‘(4) NUCLEUS.—The term ‘nucleus’ means tion, or affect the conduct of a government pension reform, and for other purposes; the cell structure that houses the chro- by assassination or kidnapping. which was ordered to lie on the table; mosomes, and thus the genes. ‘‘(3) COMPENSATION.—The term ‘compensa- ‘‘(5) OOCYTE.—The term ‘oocyte’ means the tion’ does not include pensions and retire- as follows: female germ cell, the egg. ment pay.’’. At the appropriate place, insert the fol- ‘‘(b) PROHIBITIONS ON HUMAN CLONING.—It (b) CONFORMING AMENDMENTS.— lowing: shall be unlawful for any person or other (1) Section 3401(a)(1) of the Internal Rev- TITLE ll—HUMAN CLONING legal entity, public or private— enue Code of 1986 is amended by inserting PROHIBITION ‘‘(1) to conduct or attempt to conduct ‘‘or section 112A (relating to certain ter- SEC. ll01. SHORT TITLE. human cloning; rorist attack zone compensation of civilian This title may be cited as the ‘‘Human ‘‘(2) to ship the product of nuclear trans- uniformed personnel)’’ after ‘‘United Cloning Prohibition Act of 2001’’. plantation in interstate or foreign commerce States)’’. SEC. ll02. FINDINGS. for the purpose of human cloning in the (2) The table of sections for part III of sub- Congress finds that— United States or elsewhere; or chapter B of chapter 1 of such Code is amend- (1) the National Bioethics Advisory Com- ‘‘(3) to use funds made available under any ed by inserting after the item relating to mission (referred to in this title as the provision of Federal law for an activity pro- section 112 the following new item: ‘‘NBAC’’) has reviewed the scientific and eth- hibited under paragraph (1) or (2). ‘‘(c) PROTECTION OF MEDICAL RESEARCH.— ical implications of human cloning and has ‘‘Sec. 112A. Certain terrorist attack zone Nothing in this section shall be construed to compensation of civilian uni- determined that the cloning of human beings restrict areas of biomedical and agricultural formed personnel.’’. is morally unacceptable; research or practices not expressly prohib- (2) the NBAC recommended that Federal (c) EFFECTIVE DATE.—The amendments ited in this section, including research or legislation be enacted to prohibit anyone practices that involve the use of— made by this section shall apply to taxable from conducting or attempting human years ending on or after September 11, 2001. ‘‘(1) nuclear transplantation to produce cloning, whether using Federal or non-Fed- human stem cells; eral funds; ‘‘(2) techniques to create exact duplicates SA 2212. Mr. ALLEN submitted an (3) the NBAC also recommended that the amendment intended to be proposed to of molecules, DNA, cells, and tissues; United States cooperate with other countries ‘‘(3) mitochondrial, cytoplasmic or gene amendment SA 2170 submitted by Mr. to enforce mutually supported prohibitions therapy; or DASCHLE and intended to be proposed on human cloning; ‘‘(4) nuclear transplantation techniques to to the bill (H.R. 10) to provide for pen- (4) the NBAC found that somatic cell nu- create nonhuman animals. sion reform, and for other purposes; clear transfer (also known as nuclear trans- ‘‘(d) PENALTIES.— which was ordered to lie on the table; plantation) may have many important appli- ‘‘(1) IN GENERAL.—Whoever intentionally as follows: cations in medical research; violates any provision of subsection (b) shall (5) the Institute of Medicine has found that be fined under this title and imprisoned not At the appropriate place, insert the fol- nuclear transplantation may enable stem more than 10 years. lowing: cells to be developed in a manner that will ‘‘(2) CIVIL PENALTIES.—Whoever inten- SEC. . NATIONAL EMERGENCY GRANTS permit such cells to be transplanted into a tionally violates paragraph (1), (2), or (3) of In section 173(a) of the Workforce Invest- patient without being rejected; subsection (b) shall be subject to a civil pen- ment Act of 1998 (29 U.S.C. 2918(a)(4)), add (6) the NBAC concluded that any regu- alty of $1,000,000 or three times the gross pe- after (3): latory or legislative actions undertaken to cuniary gain resulting from the violation, (4) to provide assistance to the Governor to prohibit human cloning should be carefully whichever is greater. provide personal income compensation to a written so as not to interfere with other im- ‘‘(3) CIVIL ACTIONS.—If a person is violating unemployed worker, if— portant areas of research, such as stem cell or about to violate the provisions of sub- (A) the worker is unable to work due to di- research; and section (b), the Attorney General may com- rect Federal Government intervention, as a (7)(A) biomedical research and clinical fa- mence a civil action in an appropriate Fed- result of a direct response to the terrorist at- cilities engage in and affect interstate com- eral district court to enjoin such violation. tacks which occurred on September 11, 2001, merce; ‘‘(4) FORFEITURE.—Any property, real or leading to— (B) the services provided by clinical facili- personal, derived from or used to commit a (i) closure of the facility at which the ties move in interstate commerce; violation or attempted violation of the pro- worker was employed, prior to the interven- (C) patients travel regularly across State visions of subsection (b), or any property tion; or lines in order to access clinical facilities; traceable to such property, shall be subject (ii) a restriction on how business may be and to forfeiture to the United States in accord- conducted at the facility; and (D) biomedical research and clinical facili- ance with the procedures set forth in chapter (B) the facility is located within an area, ties engage scientists, doctors, and other 46 of title 18, United States Code. which not later than October 1, 2001, was de- staff in an interstate market, and contract ‘‘(5) ADVISORY OPINIONS.—The Attorney clared a major disaster area or an emergency for research and purchase medical and other General shall, upon request, render binding by the President, pursuant to section 401 or supplies in an interstate market. advisory opinions regarding the scope, appli- 501, respectively, of the Robert T. Stafford SEC. ll03. PURPOSES. cability, interpretation, and enforcement of Disaster Relief and Emergency Relief Act (42 It is the purpose of this title to prohibit this section with regard to specific research U.S.C. 5170 and 5191), due to a terrorist at- any attempt to clone a human being while projects or practices. tack on the United States on September 11, protecting important areas of medical re- ‘‘(e) COOPERATION WITH FOREIGN COUN- 2001. search, including stem cell research. TRIES.—It is the sense of Congress that the

VerDate 11-MAY-2000 03:50 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.086 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12271 President should cooperate with foreign to bring to a close the debate on the motion G. Wood, which nominations were received countries to enforce mutually supported re- to proceed to Calendar No. 237, S. 1731, the by the Senate and appeared in the CONGRES- strictions on the activities prohibited under farm bill: SIONAL RECORD of October 30, 2001. subsection (b). Tom Harkin, Tim Johnson, Bill Nelson, PN1172 Coast Guard nominations (203) be- ‘‘(f) RIGHT OF ACTION.—Nothing in this sec- Harry Reid, Byron Dorgan, Fritz Hol- ginning Albert R. Agnich, and ending Jose tion shall be construed to give any indi- lings, Richard J. Durbin, Paul M. Zuniga, which nominations were received vidual or person a private right of action. Wellstone, Kent Conrad, Tom Daschle, by the Senate and appeared in the CONGRES- ‘‘(g) PREEMPTION OF STATE LAW.—The pro- Debbie Stabenow, Tom Carper, Barbara SIONAL RECORD of October 30, 2001. visions of this section shall preempt any Mikulski, Evan Bayh, Ron Wyden, Ben f State or local law that prohibits or restricts Nelson, Jean Carnahan, Patty Murray. research regarding, or practices consti- f LEGISLATIVE SESSION tuting, nuclear transplantation, mitochondrial or cytoplasmic therapy, or EXECUTIVE SESSION The PRESIDING OFFICER. Under the cloning of molecules, DNA, cells, tissues, the previous order, the Senate will re- organs, plants, animals, or humans.’’. turn to legislative session. (b) ETHICAL REQUIREMENTS FOR NUCLEAR EXECUTIVE CALENDAR f TRANSPLANTATION RESEARCH.—Part H of title IV of the Public Health Service Act (42 Mr. REID. Mr. President, I ask unan- UNANIMOUS CONSENT AGREE- U.S.C. 289 et seq.) is amended by adding at imous consent that the Senate proceed MENT—EXECUTIVE CALENDAR the end the following: to executive session to consider the fol- ‘‘SEC. 498C. ETHICAL REQUIREMENTS FOR NU- lowing nominations: Nos. 593 through Mr. REID. Mr. President, as if in ex- CLEAR TRANSPLANTATION RE- 605; the nominations on the Secretary’s ecutive session, I ask unanimous con- SEARCH. Desk; that the nominations be con- sent that when the Senate considers ‘‘(a) DEFINITIONS.—In this section: firmed, the motion to reconsider be the nomination of John Walters to be ‘‘(1) HUMAN SOMATIC CELL.—The term laid upon the table, that any state- Director of National Drug Control Pol- ‘human somatic cell’ means a mature, icy, it be considered under the fol- diploid cell that is obtained or derived from ments be printed in the RECORD, the a living or deceased human being at any President be immediately notified of lowing time limitation: 30 minutes for stage of development. the Senate’s action, and the Senate re- Senator LEAHY; 30 minutes for Senator ‘‘(2) NUCLEAR TRANSPLANTATION.—The term turn to legislative session. HATCH; 10 minutes for Senator KEN- ‘nuclear transplantation’ means transferring The PRESIDING OFFICER. Without NEDY; and 10 minutes for Senator LOTT, the nucleus of a human somatic cell into an objection, it is so ordered. or his designee; that when the debate oocyte from which the nucleus or all chro- The nominations considered and con- time has been used or yielded, the Sen- mosomes have been or will be removed or firmed are as follows: ate vote on the confirmation of the rendered inert. nomination, the motion to reconsider ‘‘(3) NUCLEUS.—The term ‘nucleus’ means DEPARTMENT OF JUSTICE be laid on the table, the President be the cell structure that houses the chro- Edward Hachiro Kubo, Jr., of Hawaii, to be mosomes, and thus the genes. United States Attorney for the District of immediately notified of the Senate’s ‘‘(4) OOCYTE.—The term ‘oocyte’ means the Hawaii for the term of four years. action, and the Senate return to legis- female germ cell, the egg. Sheldon J. Sperling, of Oklahoma, to be lative session. ‘‘(b) APPLICABILITY OF FEDERAL ETHICAL United States Attorney for the Eastern Dis- The PRESIDING OFFICER. Without STANDARDS TO NUCLEAR TRANSPLANTATION trict of Oklahoma for the term of four years. objection, it is so ordered. RESEARCH.—Research involving nuclear David R. Dugas, of Louisiana, to be United transplantation shall be conducted in ac- States Attorney for the Middle District of f cordance with the applicable provisions of Louisiana for the term of four years. THE CALENDAR part 46 of title 45, Code of Federal Regula- David E. O’Meilia, of Oklahoma, to be tions (as in effect on the date of enactment United States Attorney for the Northern Dis- Mr. REID. Mr. President, I ask unan- of the Human Cloning Prohibition Act of trict of Oklahoma for the term of four years. imous consent that the Senate proceed 2001). James A. McDevitt, of Washington, to be to the consideration of the following ‘‘(c) CIVIL PENALTIES.—Whoever inten- United States Attorney for the Eastern Dis- calendar items en bloc: Calendar No. tionally violates subsection (b) shall be sub- trict of Washington, for the term of four 231, H.R. 1766; Calendar No. 232, H.R. ject to a civil penalty of not more than years. $250,000. 2261; and Calendar No. 233, H.R. 2454. Johnny Keane Sutton, of Texas, to be The PRESIDING OFFICER. The ‘‘(d) ENFORCEMENT.—The Secretary of United States Attorney for the Western Dis- Health and Human Services shall have the trict of Texas, for the term of four years. clerk will read the bills by title. exclusive authority to enforce this section.’’. Richard S. Thompson, of Georgia, to be The legislative clerk read as follows: f United States Attorney for the Southern A bill (H.R. 1766) to designate the facility District of Georgia, for the term of four of the United States Postal Service located AGRICULTURAL, CONSERVATION, years. at 4270 John Marr Drive in Annandale, VA, AND RURAL ENHANCEMENT ACT Thomas L. Sansonetti, of Wyoming, to be as the ‘‘Stan Parris Post Office Building.’’ OF 2001—Motion To Proceed an Assistant Attorney General. A bill (H.R. 2261) to designate the facility Mr. REID. Mr. President, I ask unan- DEPARTMENT OF COMMERCE of the United States Postal Service located at 2853 Candler Road in Decatur, GA as the imous consent the Senate now proceed James Edward Rogan, of California, to be ‘‘Earl T. Shinhoster Post Office.’’ Under Secretary of Commerce for Intellec- to the consideration of Calendar No. A bill (H.R. 2454) to redesignate the facility tual Property and Director of the United 237, S. 1731, the farm bill. of the United States Postal Service located States Patent and Trademark Office. The PRESIDING OFFICER. Is there at 5472 Crenshaw Boulevard in Los Angeles, Arden Bement, Jr., of Indiana, to be Direc- objection? CA as the ‘‘Congressman Julian C. Dixon tor of the National Institute of Standards Post Office.’’ Mr. NICKLES. I object. and Technology. The PRESIDING OFFICER. Objec- Conrad Lautenbacher, Jr., of Virginia, to There being no objection, the Senate tion is heard. be Under Secretary of Commerce for Oceans proceeded to consider the bills. CLOTURE MOTION and Atmosphere. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I move to DEPARTMENT OF TRANSPORTATION imous consent that the bills be read proceed to Calendar No. 237, S. 1731, William Schubert, of Texas, to be Adminis- three times and passed, the motions to and I send a cloture motion to the trator of the Maritime Administration. reconsider be laid upon the table en desk. FEDERAL EMERGENCY MANAGEMENT AGENCY bloc, the consideration of these items The PRESIDING OFFICER. The clo- R. David Paulison, of Florida, to be Admin- appear separately in the RECORD, and ture motion having been presented istrator of the United States Fire Adminis- that any statements be printed in the under rule XXII, the Chair directs the tration, Federal Emergency Management RECORD, with no intervening action or clerk to read the motion. Agency. debate. The legislative clerk read as follows: NOMINATIONS PLACED ON THE SECRETARY’S The PRESIDING OFFICER. Without CLOTURE MOTION DESK objection, it is so ordered. We, the undersigned Senators, in accord- COAST GUARD The bills (H.R. 1766, H.R. 2261, and ance with the provisions of rule XXII of the PN1171 Coast Guard nominations (119) be- H.R. 2454) were read the third time and Standing Rules of the Senate, hereby move ginning Anita K. Abbott, and ending Steven passed.

VerDate 11-MAY-2000 03:50 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A30NO6.088 pfrm04 PsN: S30PT1 S12272 CONGRESSIONAL RECORD — SENATE November 30, 2001 MEASURES INDEFINITELY the immediate consideration of Cal- ACTION VITIATED—H. CON. RES. POSTPONED—S. 1184 and S. 1381 endar No. 217, S. Res. 23. 272 Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask unan- imous consent that Calendar Nos. 229 clerk will report. imous consent that the action pre- and 230 be indefinitely postponed. The legislative clerk read as follows: viously taken by the Senate regarding The PRESIDING OFFICER. Without A resolution (S. Res. 23) expressing the H. Con. Res. 272 be vitiated. objection, it is so ordered. sense of the Senate that the President The PRESIDING OFFICER. Without should award the Presidential Medal of Free- f dom posthumously to Dr. Benjamin Elijah objection, it is so ordered. UNANIMOUS CONSENT AGREE- Mays in honor of his distinguished career as f an educator, civil and human rights leader, MENT—CONFERENCE REPORT TO and public theologian. PATRIOT DAY ACCOMPANY H.R. 2299 There being no objection, the Senate Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- proceeded to consider the resolution. imous consent that the Judiciary Com- imous consent that the majority lead- Mr. REID. Mr. President, I ask unan- mittee be discharged from further con- er, following consultation with the Re- imous consent the resolution and pre- sideration of H.J. Res. 71 and the Sen- publican leader, may turn to the con- amble be agreed to en bloc, the motion ate then proceed to its immediate con- ference report to accompany H.R. 2299, to reconsider be laid upon the table, sideration. the Transportation Appropriations and any statements relating thereto be The PRESIDING OFFICER. Without Act, and that it be considered under printed in the RECORD. objection, it is so ordered. The clerk the following limitations: there be a The PRESIDING OFFICER. Without will report the joint resolution by title. time limitation of 95 minutes for de- objection, it is so ordered. The legislative clerk read as follows: bate with the time controlled as fol- The resolution (S. Res. 23) was agreed A joint resolution (H.J. Res. 71) amending lows: 30 minutes equally divided be- to. title 36, United States Code, designating Sep- tween the chair and ranking member of The preamble was agreed to. tember 11 as Patriot Day. the subcommittee; 20 minutes equally The resolution, with its preamble, There being no objection, the Senate divided between the chairman and reads as follows: proceeded to consider the joint resolu- ranking member of the full committee; S. RES. 23 tion. and 15 minutes each under the control Whereas Dr. Benjamin Elijah Mays, Mr. HATCH. Mr. President, I rise of Senators DORGAN, MCCAIN, and throughout his distinguished career of more today to urge adoption of H.J. Res. 71, GRAMM of Texas; that upon the use or than half a century as an educator, civil and which designates September 11 as ‘‘Pa- yielding back of time, with no further human rights leader, and public theologian, triot Day.’’ This resolution also calls intervening action or debate, the Sen- has inspired people of all races throughout on all Americans to observe a moment ate proceed to vote on adoption of the the world by his persistent commitment to of silence to remember all those who excellence; conference report. lost their lives in the terrorist attack The PRESIDING OFFICER. Is there Whereas Benjamin Mays persevered, de- spite the frustrations inherent in segrega- of September 11, 2001. I am the Senate objection? tion, to begin an illustrious career in edu- sponsor of this bill along with Senators Without objection, it is so ordered. cation; SCHUMER and SPECTER. f Whereas as dean of the School of Religion The events of September 11 have for- of Howard University and later as President ever changed the lives of all Ameri- EXPRESSING THE SENSE OF CON- of Morehouse College in Atlanta, Georgia, cans. We have all experienced a re- GRESS REGARDING THE CRASH for 27 years, Benjamin Mays overcame seem- newed sense of community and a sense OF AMERICAN AIRLINES FLIGHT ingly insurmountable obstacles to offer qual- of patriotic vigor that are the best of 587 ity education to all Americans, especially African Americans; America. So many lives were touched Mr. REID. Mr. President, I ask unan- Whereas at the commencement of World by the terrorist attack—not only the imous consent that the Senate proceed War II, when most colleges suffered from a thousands of heroes who lost their lives to the immediate consideration of H. lack of available students and the demise of but also those they left behind. I am Con. Res. 272, which is at the desk. Morehouse College appeared imminent, Ben- certain that few Americans will remain The PRESIDING OFFICER. The jamin Mays prevented the college from per- untouched by the devastation of our clerk will report the concurrent resolu- manently closing its doors by vigorously re- citizens that we saw in downtown New tion by title. cruiting potential students and thereby aid- ing in the development of future generations York, in the Pennsylvania countryside, The legislative clerk read as follows: of African American leaders; and at our Pentagon. A concurrent resolution (H. Con. Res. 272) Whereas Benjamin Mays was instrumental These terrorists killed innocent expressing the sense of Congress regarding in the elimination of segregated public fa- Americans from every part of the coun- the crash of American Airlines Flight 587. cilities in Atlanta, Georgia, and promoted try. We were so saddened to learn that There being no objection, the Senate the cause of nonviolence through peaceful Mary Alice Wahlstrom and her daugh- proceeded to consider the concurrent student protests during a time in this Nation ter, Carolyn Beug, of Kaysville, Utah, resolution. that was often marred by racial violence; were struck down by this senseless vio- Whereas Benjamin Mays received numer- Mr. REID. Mr. President, I ask unan- ous accolades throughout his career, includ- lence. Mary Alice’s husband of 52 years, imous consent that the concurrent res- ing 56 honorary degrees from universities Norman, described Mary Alice as the olution be agreed to, the preamble be across the United States and abroad and the ‘‘happiest lady you’ll meet.’’ As one of agreed to, the motion to reconsider be naming of 7 schools and academic buildings the ‘‘kids,’’ she joined with her only laid upon the table, and any state- and a street in his honor; and daughter to help her twin 18-year old ments relating thereto be printed in Whereas the Presidential Medal of Free- granddaughters settle in at art school the RECORD. dom, the highest civilian honor in the Na- on the East Coast. In this time of grief, The PRESIDING OFFICER. Without tion, was established in 1945 to appropriately we join Norman, her four sons, and 18 recognize Americans who have made an espe- objection, it is so ordered. cially meritorious contribution to the secu- grandchildren in hoping that our love The concurrent resolution (H. Con. rity or national interests of the United and faith will continue to sustain each Res. 272) was agreed to. States, world peace, or cultural or other sig- of us during this tragedy. The preamble was agreed to. nificant public or private endeavors: Now, The grief all Americans feel today is f therefore, be it barely speakable. I, for one, cannot ex- Resolved, That it is the sense of the Senate press in words the sorrow I feel for the EXPRESSING THE SENSE OF THE that the President should award the Presi- thousands of families profoundly shat- SENATE IN AWARDING THE dential Medal of Freedom posthumously to tered by the acts of war perpetrated Dr. Benjamin Elijah Mays in honor of his PRESIDENTIAL MEDAL OF FREE- against us on September 11th. I com- DOM distinguished career as an educator, civil and human rights leader, and public theologian mend my colleagues who have spoken Mr. REID. Mr. President, I ask unan- and his many contributions to the improve- so eloquently at such a great moment imous consent the Senate proceed to ment of American society and the world. of national tragedy.

VerDate 11-MAY-2000 03:50 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G30NO6.067 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — SENATE S12273 As many of my colleagues have ceived from the House, is at the desk. KOWSKI and explained to him the dif- noted, our grief is leavened by the I now ask for its first reading. ficulty of presiders. He indicated that 1 countless stories of sacrifice and her- The PRESIDING OFFICER. The o’clock would be satisfactory with him. oism. Heroes such as the policemen, clerk will report the bill by title. We appreciate his cooperation. firemen and emergency personnel who The legislative clerk read as follows: The PRESIDING OFFICER. Without rushed to the buildings and entered A bill (H.R. 3210) to ensure the continued objection, it is so ordered. them in a race against collapse, a race financial capacity of insurers to provide cov- Mr. REID. Mr. President, as I indi- that they unfortunately lost. I hope erage for risks from terrorism. cated this morning, there were three that every American who sees a fire- Mr. REID. Mr. President, I ask for cloture motions filed in relation to man or a policeman today thinks of the the second reading of this legislation H.R. 10. Therefore, all second-degree sacrifices that these every day individ- and object to my own request on behalf amendments must be filed prior to 4:15 uals are prepared to make for the good of a number of my colleagues. p.m. on Monday. of our society, for the good of our- The PRESIDING OFFICER. Objec- selves, every day. f There is no calamity America will tion having been heard, the bill will be withstand that will not be met with read a second time on the next legisla- tive day. ADJOURNMENT UNTIL 1 P.M. and overwhelmed by the decency, cour- MONDAY, DECEMBER 3, 2001 age and selflessness of Americans com- Mr. REID. Mr. President, it is my un- ing to the aid of their own. It will be derstanding that S. 1748, introduced by Mr. REID. Mr. President, if there is years before we can collect all of these Senator GRAMM of Texas earlier today, no further business to come before the stories and it will be impossible to is at the desk. I ask for its first read- Senate, I ask unanimous consent that measure the courage and bravery of ing. the Senate stand in adjournment under these countless everyday heroes. As The PRESIDING OFFICER. The the previous order. John says in the Bible, ‘‘Greater love clerk will read the bill by title. There being no objection, the Senate, hath no man than this; that a man lay The legislative clerk read as follows: at 1:54 p.m., adjourned until Monday, down his life for his friends.’’ A bill (S. 1748) to promote the stabilization December 3, 2001, at 1 p.m. I also commend my colleagues for of the economy by encouraging financial in- their unanimous support for the Ad- stitutions to continue to support economic f ministration of President George W. development, including development in Bush. Americans are not partisan when urban areas through the provision of afford- NOMINATIONS able insurance coverage against acts of ter- we are to face a common foe, nor are Executive nominations received by their representatives. rorism, and for other purposes. the Senate November 30, 2001: We will face this foe together, and to- Mr. REID. Mr. President, I ask for its gether we will prevail. second reading and object to my own OVERSEAS PRIVATE INVESTMENT CORPORATION We must never forget the attack on request. DIANE M. RUEBLING, OF CALIFORNIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- America and the mighty resolve of the The PRESIDING OFFICER. Objec- VATE INVESTMENT CORPORATION FOR A TERM EXPIR- American spirit that has never shown tion having been heard, the bill will be ING DECEMBER 17, 2001, VICE MELVIN E. CLARK, JR., TERM EXPIRED. brighter than after September 11. This read a second time on the next legisla- C. WILLIAM SWANK, OF OHIO, TO BE A MEMBER OF THE resolution before us today will ensure tive day. BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- that we will never forget the events of VESTMENT CORPORATION FOR A TERM EXPIRING DE- f CEMBER 17, 2002, VICE ROBERT MAYS LYFORD. September 11, 2001. DEPARTMENT OF JUSTICE I commend my colleagues in the ORDERS FOR MONDAY, DECEMBER SCOTT A. ABDALLAH, OF SOUTH DAKOTA, TO BE House for adopting this resolution and 3, 2001 UNITED STATES ATTORNEY FOR THE DISTRICT OF urge my Senate colleagues to adopt SOUTH DAKOTA FOR THE TERM OF FOUR YEARS, VICE Mr. REID. Mr. President, I ask unan- KAREN ELIZABETH SCHREIER, RESIGNED. this important measure tonight. Elaine imous consent that when the Senate THOMAS P. COLANTUONO, OF NEW HAMPSHIRE, TO BE and I offer our prayers for the victims UNITED STATES ATTORNEY FOR THE DISTRICT OF NEW completes its business today, it ad- HAMPSHIRE FOR THE TERM OF FOUR YEARS, VICE PAUL and their families, as well as the thou- journ until the hour of 1 p.m. on Mon- MICHAEL GAGNON, RESIGNED. sands of brave rescue workers, includ- HARRY E. CUMMINS, III, OF ARKANSAS, TO BE UNITED ing Utah’s Urban Search and Rescue day, December 3; that immediately fol- STATES ATTORNEY FOR THE EASTERN DISTRICT OF AR- lowing the prayer and the pledge, the KANSAS FOR THE TERM OF FOUR YEARS, VICE PAULA team. The team consists of fire depart- JEAN CASEY, RESIGNED. ment personnel from Salt Lake City Journal of proceedings be approved to MICHAEL TAYLOR SHELBY, OF TEXAS, TO BE UNITED date, the morning hour be deemed to STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF and County. Our prayers go to the TEXAS FOR THE TERM OF FOUR YEARS, VICE MERVYN M. member of our armed forces, the great- have expired, and the time for the two MOSBACKER, JR., RESIGNED. est defenders of freedom a nation has leaders be reserved for their use later f ever known. And our prayers go to in the day, and there be a period for President Bush and his Administra- morning business until 4:45 p.m., with CONFIRMATIONS tion, who are dedicated to peace and Senators permitted to speak therein must now respond to war. for up to 10 minutes each, with the Executive nominations confirmed by May God Bless America. time equally divided between the two the Senate November 30, 2001: leaders, or their designees; further, at Mr. REID. Mr. President, I ask unan- DEPARTMENT OF COMMERCE 4:45 p.m., the Senate resume consider- imous consent that the resolution and ARDEN BEMENT, JR., OF INDIANA, TO BE DIRECTOR OF preamble be agreed to and the motion ation of H.R. 10, with 30 minutes for de- THE NATIONAL INSTITUTE OF STANDARDS AND TECH- bate only, equally divided between the NOLOGY. to reconsider be laid upon the table. CONRAD LAUTENBACHER, JR., OF VIRGINIA, TO BE The PRESIDING OFFICER. Without two leaders, or their designees, prior to UNDER SECRETARY OF COMMERCE FOR OCEANS AND AT- objection, it is so ordered. a 5:15 p.m. cloture vote on the Lott MOSPHERE. The joint resolution (H.J. Res. 71) amendment to H.R. 10, with the time DEPARTMENT OF TRANSPORTATION was agreed to. from 5:05 to 5:10 p.m. under the control WILLIAM SCHUBERT, OF TEXAS, TO BE ADMINIS- The preamble was agreed to. of Senator LOTT, or his designee, and TRATOR OF THE MARITIME ADMINISTRATION. FEDERAL EMERGENCY MANAGEMENT AGENCY f the time from 5:10 to 5:15 p.m. under the control of Senator DASCHLE, or his R. DAVID PAULISON, OF FLORIDA, TO BE ADMINIS- MEASURES READ THE FIRST TRATOR OF THE UNITED STATES FIRE ADMINISTRATION, designee; further, that the mandatory FEDERAL EMERGENCY MANAGEMENT AGENCY. TIME—H.R. 3210 AND S. 1748 quorum be waived. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT Mr. REID. Mr. President, I under- Mr. President, before entering this TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY stand that H.R. 3210, which was just re- order, I have spoken to Senator MUR- CONSTITUTED COMMITTEE OF THE SENATE.

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DEPARTMENT OF JUSTICE JAMES A. MCDEVITT, OF WASHINGTON, TO BE UNITED DEPARTMENT OF COMMERCE STATES ATTORNEY FOR THE EASTERN DISTRICT OF EDWARD HACHIRO KUBO, JR., OF HAWAII, TO BE WASHINGTON, FOR THE TERM OF FOUR YEARS. JAMES EDWARD ROGAN, OF CALIFORNIA, TO BE UNDER UNITED STATES ATTORNEY FOR THE DISTRICT OF HA- JOHNNY KEANE SUTTON, OF TEXAS, TO BE UNITED SECRETARY OF COMMERCE FOR INTELLECTUAL PROP- WAII FOR THE TERM OF FOUR YEARS. STATES ATTORNEY FOR THE WESTERN DISTRICT OF ERTY AND DIRECTOR OF THE UNITED STATES PATENT SHELDON J. SPERLING, OF OKLAHOMA, TO BE UNITED TEXAS, FOR THE TERM OF FOUR YEARS. AND TRADEMARK OFFICE. STATES ATTORNEY FOR THE EASTERN DISTRICT OF RICHARD S. THOMPSON, OF GEORGIA, TO BE UNITED COAST GUARD NOMINATIONS BEGINNING ANITA K AB- OKLAHOMA FOR THE TERM OF FOUR YEARS. BOTT AND ENDING STEVEN G WOOD, WHICH NOMINA- STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF DAVID R. DUGAS, OF LOUISIANA, TO BE UNITED TIONS WERE RECEIVED BY THE SENATE AND APPEARED GEORGIA, FOR THE TERM OF FOUR YEARS. STATES ATTORNEY FOR THE MIDDLE DISTRICT OF LOU- IN THE CONGRESSIONAL RECORD ON OCTOBER 30, 2001. THOMAS L. SANSONETTI, OF WYOMING, TO BE AN AS- ISIANA FOR THE TERM OF FOUR YEARS. COAST GUARD NOMINATIONS BEGINNING ALBERT R DAVID E. O’MEILIA, OF OKLAHOMA, TO BE UNITED SISTANT ATTORNEY GENERAL. AGNICH AND ENDING JOSE M ZUNIGA, WHICH NOMINA- STATES ATTORNEY FOR THE NORTHERN DISTRICT OF TIONS WERE RECEIVED BY THE SENATE AND APPEARED OKLAHOMA FOR THE TERM OF FOUR YEARS. IN THE CONGRESSIONAL RECORD ON OCTOBER 30, 2001.

VerDate 11-MAY-2000 02:45 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 9801 E:\CR\FM\A30NO6.006 pfrm04 PsN: S30PT1 November 30, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2183 EXTENSIONS OF REMARKS

HONORING THE DEDICATED commitments can be seen by the business’ in- RICK BLANKENSHIP SERVICE OF LOUIS FINKEL tegrated pest management, trellis design for table grapes, and higher yield with fewer in- HON. CORRINE BROWN HON. BART GORDON puts. Beyond agriculture and business, J&L OF FLORIDA OF TENNESSEE Vineyards has exemplified a commitment to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the community in which it has thrived. Family Friday, November 30, 2001 Friday, November 30, 2001 members have served on many boards includ- ing the Allied Grape Growers, California Foun- Ms. BROWN of Florida. Mr. Speaker, as a Floridian and a Member of Congress, I am Mr. GORDON. Mr. Speaker, I rise today to dation for Ag in the Classroom, California bid farewell to Louis Finkel, my legislative di- thrilled to see that Mr. Blankenship is going to Women in Agriculture, and Greater Fresno rector. Louis has been an invaluable member be the next Ambassador to the Common- of my staff for almost six years. Replacing him Area Chamber of Commerce. wealth of the Bahamas. A community activist will be a daunting task. Mr. Speaker, I rise to acknowledge J&L and advocate for children and local schools, I Louis has mastered every task and legisla- Vineyards as the recipient of the 2001 Ag am certain he will serve our country honor- tive priority I have assigned to him over the Business of the Year. I urge my colleagues to ably. years. His hard work, loyalty and dedication join me in honoring this company and wishing Mr. Blankenship’s qualifications, which in- have been instrumental in my work as a Con- it many more years of continued success. clude over 20 years of experience in the pri- gressman. I, along with every other member of vate sector and years of work with Caribbean my staff, will miss his contribution. f nations, make him a perfect fit for this posi- Louis’ insight and analysis were key ingredi- tion. His leadership in the area of international ents in every major legislative initiative with HONORING THE COBB COUNTY, trade should benefit both countries, and his which I have been involved over the past six GEORGIA, CHAPTER OF KEEP experience with air and port security will be a years. He has helped my efforts to finance a AMERICA BEAUTIFUL great asset at this critical time. world class system of greenways and river You know, the Bahamas is only 45 miles trails in Middle Tennessee, expand and ren- from the coast of Florida. My state has a spe- ovate the Stones River National Battlefield, re- HON. BOB BARR cial relationship with the island, as well as the store environmentally sensitive wetlands, and Caribbean in general. And not only does the begin a critically needed commuter rail system OF GEORGIA United States have close economic ties to the linking Nashville, Tennessee, with the sur- IN THE HOUSE OF REPRESENTATIVES island, we also share ethnic and cultural ties, rounding suburban and rural populations. especially in education. And although many Louis, like many bright and talented con- Friday, November 30, 2001 people outside the U.S. view, us as ‘‘the ugly gressional staff members, is moving on to a Americans’’ or ‘‘imperialists,’’ I think that Mr. Mr. BARR of Georgia. Mr. Speaker, since career in public affairs. I’m confident his ca- Blankenship could do a lot to improve our al- 1953 one organization in particular has been reer there will be as successful as his career ready friendly relations with the island. His as a congressional aide. He undoubtedly will striving to bring communities together, by de- concern for improving education and for chil- serve his clients as well as he has served me veloping proactive projects that encourage re- dren proves that he is a man that is con- and my constituents in Middle Tennessee. I sponsibility for environment enhancement and cerned about people, and kids in particular. I wish him well. encompass the values of community pride. know he will serve well as a link between our f Keep America Beautiful has become an inter- two countries. national organization that seeks to empower I would like to close by once again con- HONORING J&L VINEYARDS AS AG our citizens, by implementing programs rang- gratulating Mr. Blankenship and wish him the BUSINESS OF THE YEAR ing from litter prevention to improving entire best in his new position! cities through training, education, and action. f HON. GEORGE RADANOVICH Keep America Beautiful has almost 500 OF CALIFORNIA HONORING SOUTH SALT LAKE local, state, and international affiliates in 40 MAYOR RANDY G. FITTS IN THE HOUSE OF REPRESENTATIVES states, and is continuing to grow every day. Friday, November 30, 2001 I stand today, to recognize Keep America HON. JIM MATHESON Mr. RADANOVICH. Mr. Speaker, I rise Beautiful’s chapter in Cobb County, Georgia, OF UTAH today to recognize J&L Vineyards as Baker, as the winner of this year’s affiliate award in IN THE HOUSE OF REPRESENTATIVES Peterson & Franklin, Certified Public Account- the category for population of more than Friday, November 30, 2001 ants’ Ag Business of the Year. J&L Vineyards 500,001. is honored for its contributions to the ag indus- Mr. MATHESON. Mr. Speaker, I rise today try and the Central San Joaquin Valley. Cobb County has excelled with programs to honor Mayor Randy G. Fitts for his tireless J&L Vineyards was selected by a committee such as on-line litter reporting service, the Lit- efforts in representing the City of South Salt of representatives of the AgFresno Advisory ter Line, where residents can report illegal Lake. Board, National Ag Marketing Association, and dumps, excessive trash, or graffiti. This initi- Mayor Fitts served on the City Council of the BP&F Ag Department. The family business ates a faster clean-up response time, and pro- South Salt Lake from January 1978 to Decem- is owned and operated by Don Laub and his vides a useful tracking device for area offi- ber 1989, and has been Mayor since 1992. He daughter Debbie Jacobsen. Don’s wife, Clara; cials. Keep Cobb Beautiful also stood out with will retire on January 7, 2002, and his leader- son, David, daughter Diane Tavares; and its Cobb Trees program in which over 90 trees ship and diligent work have been greatly ap- Debbie’s husband, Ray are also involved with were planted at five different sites, incor- preciated. the company. What began in the late 1930’s porating over 150 volunteers. Throughout his tenure as a public servant, as a 20-acre raisin farm has expanded to ten Mayor Fitts focused on issues that would in- varieties of table, raisin, and wine grapes on I ask my fellow Members of the House to crease the quality of life for the residents of 1,050 acres. J&L Vineyards has also grown join me in congratulating, Keep Cobb South Salt Lake. beyond the Laub family to include ten full-time Beautiful’s progress and hard work. May the Some of the projects he worked on include employees. example they have set for the state of Georgia completion of the Jordan River Parkway, and It is J&L Vineyards’ efficiency and innova- and the country as a whole continue to the renovation of the historic Columbus tion that has earned it this recognition. These spread. School, by transforming it into a senior citizens

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

VerDate 112000 04:21 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A30NO8.000 pfrm01 PsN: E30PT1 E2184 CONGRESSIONAL RECORD — Extensions of Remarks November 30, 2001 center, community center, recreation center, care beneficiaries require them to have as- that my bill is supported by a number of na- and library. sured access to the full range of diagnostic tional organizations, including the leading pro- Mayor Fitts proved to be a fiscal conserv- laboratory tests. This measure would help en- viders of clinical laboratory services. Groups ative, as well, with South Salt Lake receiving sure that the community laboratories that endorsing this legislation include: American high bond ratings and awards from the Gov- serve our nation’s seniors have the resources Association of Bioanalysts, the American As- ernment Finance Officer’s Association. He necessary to continue to provide life-saving sociation for Clinical Chemists, the American also succeeded in preventing the implementa- laboratory services. This legislation also seeks Association of Occupational Health Nurses, tion of property tax increases. to remedy a financial burden imposed by new the American Clinical Laboratory Association, Always active in regional efforts, he has regulations requiring safe needles and related the American Medical Technologists, the served on many public boards and councils practices. American Society for Clinical Laboratory along the Wasatch Front, dealing with impor- Laboratory tests facilitate early detection Science, the American Society of Clinical Pa- tant policy issues such as transportation and and accurate diagnoses which in turn result in thologists, the American Society for Microbi- public safety. more effective and less costly treatment. As a ology, Becton Dickinson, and Quest He is currently Vice-Chair of the Wasatch majority of the currently available tests to diag- Diagnostics. This important measure will help Front Regional Council, and a member of the nose and treat diseases in the Medicare popu- ensure Medicare beneficiaries access to the Criminal Justice Advisory Committee. lation involve taking and analyzing a speci- quality laboratory services they need and de- He has also been President of the Salt Lake men—or sample—from the beneficiary for lab- serve. Valley Conference of Mayors and President of oratory analysis, health care providers rely on f the Salt Lake County Council of Governments. the accurate and timely collection of speci- Mayor Fitts showed great courage and lead- mens to ensure adequate diagnosis and treat- HONORING THE GOOD DEED OF ership in providing early public support at a ment. In fact, laboratory tests only account for JUSTIN BRAMEL critical time for light rail. Fortunately, Mayor 1.6% of the total Medicare budget but are Fitts had the vision to realize the importance used in 70% of medical decision-making. Yet, HON. BART GORDON of bringing mass transit to the Salt Lake Val- underpayment for specimen collection cur- OF TENNESSEE ley. rently threatens the ability of community lab- IN THE HOUSE OF REPRESENTATIVES This vision continued after the North-South oratories to continue to provide this much- Friday, November 30, 2001 line from Salt Lake City to Sandy was com- needed service. pleted. Three light-rail stops are located in In 1984, Congress established a policy to Mr. GORDON. Mr. Speaker, I rise today to South Salt Lake, and Mayor Fitts has sought provide for a ‘‘nominal fee’’ that was to cover recognize the good deed of Justin Bramel, a to integrate the lightrail system into the com- the costs associated with collecting the sam- Murfreesboro, Tennessee, eighth-grade stu- munity in a way that is both socially and eco- ple on which a clinical diagnostic laboratory dent who helped his school bus driver in her nomically beneficial. test was performed and paid for under the time of need. The 3300 South Transit-Oriented Redevel- Medicare program. That fee was established Justin’s bus driver, Sally Brown, became opment Project is a key component of this in- 17 years ago at a rate of $3.00 and has not sick one recent afternoon after finishing her tegration. This project seeks to utilize high- been increased, even for inflationary factors route. Fortunately for Mrs. Brown, Justin spot- density housing, commercial offices, as well since that time. ted the bus parked on the side of a road. He as retail and community services around the Our nation has seen amazing medical realized something was wrong and inves- light-rail station. breakthroughs in technology while simulta- tigated the situation. He found Mrs. Brown to This project will stimulate economic growth neously the environments in which health care be very ill. while at the same time encourage further use providers work has become more and more Justin calmly used the bus transceiver to of mass transit, thereby helping to prevent fur- regulated. Further exacerbating the pressures advise school officials about the situation and ther sprawl in the Salt Lake Valley. on laboratories is that the available population direct emergency personnel to the location. This project received the 2001 Best of phlebotomists—the folks trained to draw Thanks to Justin’s concern and levelheaded Achievement in Planning for Transit Oriented blood—continues to shrink. actions, Mrs. Brown is now recovering and Development from the Utah Quality Growth The combination of increasing costs, erod- should be back to work soon. Commission, as part of South Salt Lake’s ing reimbursement levels, fewer available I want to salute Justin for his quick actions Light Rail Corridor Master Plan. health care workers with a growing population and his concern for his fellow human being. In addition to his professional accomplish- of Medicare beneficiaries threatens the Medi- People like Justin epitomize the spirit of this ments, Mayor Fitts is well known for his sense care program’s ongoing ability to provide es- nation and make it a better place to live. of humor and wit. While he took his job seri- sential laboratory services, especially in rural f ously, he did not take himself too seriously. areas and remote sites such as nursing Which has always been the mark of an effec- homes. In January 2001, the Occupational COMMEMORATING 2001 DINNER OF tive leader and public servant. Safety and Health Administration (OSHA) im- CHAMPIONS Therefore, I am proud to join with his many plemented new blood borne pathogen rules admirers in extending my highest praise and designed to improve worker safety. Yet, no HON. GEORGE RADANOVICH congratulations to Mayor Randy Fitts for his additional funds have been provided to imple- OF CALIFORNIA dedicated public service to the City of South ment these requirements. IN THE HOUSE OF REPRESENTATIVES While I fully support new requirements for Salt Lake. I extend my most heartfelt good Friday, November 30, 2001 wishes for all his future endeavors. hospitals and other health-care facilities to f identify and provide safer sharps systems as Mr. RADANOVICH. Mr. Speaker, I rise these policies help protect public health, we today to celebrate the 2001 Dinner of Cham- INTRODUCTION OF THE MEDICARE need to assist laboratories with these addi- pions being put on by the Central California LABORATORY SERVICES ACCESS tional costs. This legislation would provide a Branch of the Mountain Valley California ACT OF 2001 modest increase in the specimen collection Chapter of the National Multiple Sclerosis So- fee—an increase that would help offset the ciety. The first of these annual events will HON. PHIL ENGLISH costs of these important new regulations and honor racing legends Blackie Gejeian, Joe OF PENNSYLVANIA recognize inflationary increases over the past Boghosian, and the late Fred Gerhardt. IN THE HOUSE OF REPRESENTATIVES 17 years. The Dinner of Champions made its national The Medicare Laboratory Services Access debut in 1972 and honors local public leaders Friday, November 30, 2001 Act of 2001 increases the Medicare specimen and personalities for their efforts to champion Mr. ENGLISH. Mr. Speaker, today I will in- collection payment for FY 2002 to $5.25—the the fight against multiple sclerosis. The Na- troduce the Medicare Laboratory Services Ac- amount the payment would be today had it tional MS Society strives to reach out to those cess Act of 2001. I am pleased to be joined been indexed annually to the CPI–U. For sub- affected by the crippling disease and raise in introducing this important legislation by my sequent years, the bill allows for an annual awareness for MS. colleague from Florida, Representative PETER adjustment based on the CPI–U. Mr. Gejeian’s involvement in racing began in DEUTSCH. Laboratory testing is an essential I urge my colleagues to join us in the effort 1949 and he won championships all over the component of the health services we provide to bolster our community-based system of Central Valley. Blackie was presented the to our seniors. The health care needs of Medi- care for Medicare beneficiaries. I am pleased Most Popular Driver award four years in a

VerDate 112000 04:21 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A30NO8.005 pfrm01 PsN: E30PT1 November 30, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2185 row. After his retirement in 1958, Blackie con- Many of my colleagues know that plankton billion, the corporate alternative minimum tax tinues contributing to racing by promoting auto in the world’s oceans give off light flashes rebate, passed by the House of Representa- races including the Autorama for the past 40 when stimulated by movement in the water by tives earlier this fall. years. objects such as ships, submarines and swim- Rather than enriching only the richest, a Mr. Boghosian was first exposed to racing in mers. This ever-present phenomenon rep- sales tax suspension is the quickest and 1949. He earned many honors including the resents a powerful detection tool for anti-sub- broadest way to boost local economies for ev- Northern California Championship. In 1965 he marine and mine warfare. eryone, across the board. It will encourage moved from California to Indianapolis. Joe ac- We can utilize this phenomenon for detec- consumer spending in our downtown villages tually built the engine that put Mario Andretti tion of opposing forces—but we must also be and towns as well as our regional malls. And in the Indy 500 winner’s circle in 1969. He is aware of it to protect our own operations. For because it will be temporary, it will create an still building engines and anything else that example—it is my understanding that—a Navy incentive to buy now. A reduction in the sales needs reliable power today. SEAL team in Operation Desert Storm was tax may not mean much for the CEO of a Mr. Gerhardt was involved in auto racing forced to alter its landing site because of con- multi national company. But it would be a from the 1930’s until his passing. He and his cern that bioluminescence in the intended huge boost to working families. It might help good friend, the late Bill Vukovich, raced hot landing area would reveal the team’s pres- them with their holiday purchases, or school rods and midget cars in the 1930’s and 40’s. ence. supplies for their kids or even make the dif- Fred built his first Indy car in 1956 and contin- At present—bioluminescence is detected ference in buying a new home appliance. ued fielding Indy cars through 1976. and measured by a device developed at the This House has just approved a $25 billion Mr. Speaker, I am privileged to acknowl- Harbor Branch Oceanographic Institution in retroactive repeal of the alternative minimum edge and honor the efforts of the National my district. tax for the richest corporations of America. If Multiple Sclerosis Society and these honorees. Because of the cost and size of this first- we can find the money for Enron and we can I invite my colleagues to join me in congratu- generation measuring equipment—only three find the money for IBM, we should be able to lating and thanking this organization and these have been produced. The funding I have re- find the money for people who have lost their racing legends. quested and the Committee has approved jobs and their health insurance and their un- f would fund a program involving Harbor Branch employment insurance and the small busi- scientists which would develop measuring nesses who are being forced out of business BUNNY LOVE FOUNDATION equipment small enough to be launched from in New York today. a rubber raft and inexpensive enough to be The working families and small businesses HON. PETE SESSIONS utilized in large numbers. Only such an ex- on Long Island are hurting. They can not af- OF TEXAS pendable version offers the hope of accurately ford indefinite or problematic relief that might IN THE HOUSE OF REPRESENTATIVES measuring bioluminescence in all the militarily- not kick in for years. Their need is immediate important regions of the world. ‘‘The Consumer and Retail Sales Stimulus Act Friday, November 30, 2001 This is an important initiative which will take of 2001’’ addresses that need, it addresses it Mr. SESSIONS. Mr. Speaker, today I would advantage of the expertise at Harbor Branch now. like to recognize the Bunny Love Foundation. for the benefit of our military. f An event will be held on December 5th in Dal- I again thank the chairman for recom- las, to raise the level of awareness of efforts mending this funding and express my hope DEPARTMENT OF DEFENSE to eliminate domestic violence against chil- that this item will be preserved in conference. APPROPRIATIONS ACT, 2002 dren. Awareness will be accomplished through f fundraising efforts, affiliations with prevention SPEECH OF programs, and events designed to educate the THE CONSUMER AND RETAIL HON. JERRY F. COSTELLO SALES STIMULUS ACT OF 2001 public about the extent of the crisis. OF ILLINOIS The Bunny Love Foundation is a Dallas- IN THE HOUSE OF REPRESENTATIVES based non-profit organization founded in 1997 HON. STEVE ISRAEL Wednesday, November 28, 2001 by Anne Davidson with a mission of helping OF NEW YORK children in need. The Foundation’s model for IN THE HOUSE OF REPRESENTATIVES The House in Committee of the Whole giving is extremely effective and can be used Friday, November 30, 2001 House on the State of the Union had under as a model for other charities because it ad- consideration the bill (H.R. 3338) making ap- dresses the needs of those affected not only Mr. ISRAEL. Mr. Speaker, New York’s econ- propriations for the Department of Defense on a local level, but nationally and globally as omy is in deep trouble. We lead dozens of for the fiscal year ending September 30, 2002, well. Ninety percent of the funds raised will go States in economic decline. Jobs are being and for other purposes: to children in Dallas through the Dallas Chil- lost. Small businesses are going under. Mu- Mr. COSTELLO. Mr. Chairman, I rise today dren’s Advocacy Center, and 10% will be nicipal governments are going back into debt. in support of the amendment offered by my given to UNICEF specifically for the humani- Fire and police budgets are strained. good friend Congressman VISCLOSKY. tarian effort for children in Afghanistan. How do we stimulate an economy that was Mr. Speaker, our Nation’s steel industry is in I hope that my colleagues will join me in sputtering before and staggered after the Sep- a crisis situation. Since 1997, 26 companies recognizing the dedication and efforts of the tember 11 attacks? Some believe the answer have filed for bankruptcy. Since January first Bunny Love Foundation and their partnership to recession in handing $25 billion in retro- of this year, 13 companies have filed for bank- with the Dallas Children’s Advocacy Center. active Federal corporate tax benefits to 13 ruptcy, and 11 have ceased operations, in- The mission of this organization serves as a Fortune 500 companies. Of course, there is no cluding Laclede Steel, which is located in the model for others to follow in the fight to elimi- guarantee that largesse will work its way from congressional district I represent. nate domestic abuse. corporate headquarters to working families on Steel is the basic component used in the f Long Island. construction of every military vehicle, ship, Others believe that the answer to recession weaponry system, and small firearm used by BIOLUMINESCENCE is spending old fashioned Keynesian econom- the U.S. military. Steel is used to build our ics. But some spending proposals clearly over- bridges and our railroad tracks. Both the elec- HON. MARK FOLEY reach, and there is no guarantee that the tric power and oil and gas industries are de- OF FLORIDA spending will be targeted specifically to pendent on steel. America needs a strong IN THE HOUSE OF REPRESENTATIVES jumpstart the economy now, when we most steel industry. need it. Earlier this year, I testified before the Inter- Friday, November 30, 2001 The best way to stimulate the economy is to national Trade Commission and asked them to Mr. FOLEY. Mr. Speaker, I would like to ex- give immediate, tangible tax relief to American find that the domestic steel industry has been press my appreciation to the chairman for his consumers: suspend sales taxes, and use fed- severely injured by the surge of foreign im- recommendation of funding for biolumines- eral resources to reimburse state and local ports into American markets. Under section cence measurement and signature detection governments. To insure that this tax reduction 201 of the trade laws, the International Trade in the Navy RDT&E account in this bill. strategy does not lead to huge new deficits, Commission found that steel industry had This is an evolving area of knowledge which such revenue loss from the Federal budget been damaged by foreign imports. The section has very important military applications. should be capped so as not to exceed the $25 201 process will give our steel companies time

VerDate 112000 04:21 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A30NO8.009 pfrm01 PsN: E30PT1 E2186 CONGRESSIONAL RECORD — Extensions of Remarks November 30, 2001 to restructure and reorganize in response to The federal government must provide aid to Financing: Most of the $1.4 million annual the effects of the recent import surge. local governments to insure that our first re- budget comes from charities, foundations Currently, there are nearly 2 million Ameri- sponders remain one of our strongest links. and corporations: the United Way, Meadows cans who are directly or indirectly employed Moreover, the bill does not provide any ad- Foundation, Jenesis Foundation, B. B. Owen Trust, Texas Instruments and State Farm by the steel industry, or receive pensions and ditional funds to increase port security. The Insurance. The rest is from the Guardian An- healthcare from current and former steel com- Obey amendment would have provided an ad- gels Society, a local group of individuals and panies. Because of the current crisis situation ditional $200 million in grants for port security religious and civic organizations who pledge in the industry, the $1 billion that the steel upgrades. We must provide security measures $1,000 a year for five years. companies spend annually on retiree health at seaports to prevent the shipment of bombs The center was inspired by the ideas of care is a significant impediment to the merg- and weapons of mass destruction through our Representative Bud Cramer, Democrat of ers and acquisitions that will need to occur for seaports. Alabama, who, as a district attorney in Huntsville in the 1980’s, found that children the steel industry to right itself. The bill does not provide increased funding were being revictimized by a system that This amendment would create a Steel In- to secure our vitally important Strategic Petro- was intended to protect them. Often bounced dustry Legacy Relief Program to provide as- leum Reserves. The Obey Amendment would from one agency to another, youngsters had sistance to steel producers in meeting retiree have provided $5 million to secure our petro- to repeat painful experiences to police, doc- health care costs. The program would be es- leum reserves. Several weeks ago, with the tors, social workers and others, compro- tablished in and administered by the Depart- Administration’s support, Congress passed a mising evidence and traumatizing them ment of Labor. resolution urging the Secretary of Energy to fill again. Representative Cramer had proposed The establishment of the Steel Industry Leg- the Strategic Petroleum Reserve to its full ca- creating one central place where children could tell their stories. acy Relief Program will go a long way in sup- pacity. It defies logic for us to spend the Besides filling that role, the center, which porting our domestic steel industry in a time money filling this vital reserve without securing is located in a colorful 32,000-square-foot that we need it most. The steel industry is vital the facilities that store the petroleum. former supermarket, provides the children to our national defense, and especially now, As we address threats on our homefront, we with immediate access to child protection we cannot afford to become dependent on for- should also be fully prepared to fight an asym- services, law enforcement officials, district eign steel. I strongly support the establishment metric war abroad. We must, therefore, take attorneys, sexual assault nurse examiners, of this program in order to save the steel in- all steps necessary to reduce U.S. casualties, therapists and community resource rep- resentatives who all work together under dustry in this great Nation. I urge my col- which requires minimizing incidents of friendly one roof. leagues to join me in supporting this amend- fire. The Automatic Acoustic Target Recogni- Attending to young victims requires spe- ment. tion programs, not fully funded in the bill, in- cial considerations. ‘‘Almost 70 percent of f volves the identification of aircraft and vehicles the children we see are under the age of 7,’’ by the background acoustic signature obtained said Jane Donovan, the center’s community DEPARTMENT OF DEFENSE from intercepted radio transmissions or proxi- educator. ‘‘When you ask a child that age a APPROPRIATIONS ACT, 2002 mate ground sensors. The program contrib- story over and over, the story changes.’’ To utes to the detection of troop and vehicle protect the integrity of testimony for evi- SPEECH OF dence, each child is interviewed by a forensic movements, the proper identification of aircraft specialist and videotaped. HON. ALBERT RUSSELL WYNN and vehicles to prioritize fire control and to What distinguishes the center is the part- OF MARYLAND prevent friendly fire casualties. When this bill nerships among various services. ‘‘Tradition- IN THE HOUSE OF REPRESENTATIVES goes to conference, I urge the conferees to do ally, there has been some contentiousness between child protective agencies and law Wednesday, November 28, 2001 everything they can to save the lives of U.S. military troops and fully fund this program. enforcement,’’ Ms. Donovan said. ‘‘At our center, that just flat out doesn’t exist.’’ The House in Committee of the Whole I urge my colleagues to reject the rule. We The center is not a residential facility, but House on the State of the Union had under must not fund the war against terrorism on the placement is arranged when a child’s safety consideration the bill (H.R. 3338) making ap- cheap. We must recognize our needs at home at home is in question. propriations for the Department of Defense and abroad and that means adequately assist- ‘‘We talk to our kids about ‘stranger dan- for the fiscal year ending September 30, 2002, ing local first responders, securing our vital re- ger,’ but the reality is, 96 percent of the chil- and for other purposes: sources, securing our ports, and minimizing dren we see know their abuser,’’ Ms. Dono- Mr. WYNN. Mr. Chairman, I rise today in the loss of U.S. military personnel. van said. ‘‘Our goal is to help children deal opposition to the rule to H.R. 3338, the De- with the trauma of abuse by empowering f fense Appropriations bill. The rule precludes them to become survivors rather than re- the House from considering the Obey amend- MAKING SURE PAINFUL STORIES main victims.’’ ment, which would provide needed increased ARE TOLD JUST ONCE f funding for homeland security. While the un- IN MEMORY OF JANE MAYER derlying bill does increase funding for home- HON. SAM JOHNSON land security, it simply does not go far OF TEXAS HON. SAM FARR enough. It is homeland security on the cheap. IN THE HOUSE OF REPRESENTATIVES The rule precludes the Obey amendment, OF CALIFORNIA which, among other things, would provide Friday, November 30, 2001 IN THE HOUSE OF REPRESENTATIVES $150 million in grants for local firefighting Mr. SAM JOHNSON of Texas. Mr. Speaker, Friday, November 30, 2001 units. In addition, the bill does not provide it is important for me to bring this informative Mr. FARR of California. Mr. Speaker, today adequate funding to help local governments article to the attention of the U.S. Congress. I rise with great sorrow to pay tribute to a meet their increased police and emergency [From the New York Times, Nov. 12, 2001] wonderful woman, a community activist and personnel needs since September 11th. This MAKING SURE PAINFUL STORIES ARE TOLD wife of internationally known writer, journalist rule does not allow for increased funding for JUST ONCE and lecturer, the late Milton Mayer. His wife local law enforcement that is critical for the (By Donna Wilkinson) Jane died recently in Carmel, California where protection of Americans across the country. I live. Since September 11th, local governments Name: Collin County Children’s Advocacy Center. Jane Mayer was like a second mother to me have been carrying most of the burden of re- Founded: 1992, in Plano, Tex. and my sisters Francesca and Nancy. She sponding to the increased security and emer- Mission: To help children cope with the was born in Joplin, MO, and grew up in Se- gency needs of our citizens that include: peri- trauma of abuse through a team approach— attle, Washington before moving to Carmel odic lengthened shifts, additional patrols at an alliance of law enforcement agencies, where she lived for the past 50 years. sensitive facilities and structures, and re- child protection services, legal and medical A dedicated activist she studied at the Uni- sponding to the growing number of false professionals—to investigate, treat and pros- versity of Washington before beginning a 10- alarms and hoaxes. This results in a higher ecute abuse cases. year career in fashion where she became a Constituency: Children under 18. Collin rate of overtime for governments in order to County, including several suburban and rural lecturer and consultant. Appearing at Univer- pay for security and emergency personnel. communities outside Dallas, has a popu- sities and Colleges across the country and nu- These important responsibilities fall on local lation of about 500,000. Last year, the center merous radio programs. governments who had tight budgets prior to received 2,488 referrals of child abuse; since She married Robert Scully in 1940 and later September 11th. Now they are even tighter. it opened, it has served 8,000 children. in 1947 married Milton Mayer known to local

VerDate 112000 04:21 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A30NO8.013 pfrm01 PsN: E30PT1 November 30, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2187 kids as Uncle Milty. Together they produced During these past 22 years, Mike has been HONORING NAT GEIER the Voices of Europe radio broadcasts, which the Delegate representing his Union in Build- included commentary of the events of the time ing Trade Councils. He has also been a Labor by people throughout Europe. For many years Trustee for the Carpenters Health and Welfare HON. PETER DEUTSCH they co-led Great Books Discussion Seminars Fund and the Carpenters Joint Apprenticeship OF FLORIDA in both America and Europe. Committee. Jane and Milton were life long civil libertar- Mike sculpted his fellow union members into IN THE HOUSE OF REPRESENTATIVES ians and pacifists, fighting intolerance, bigotry, a focused, united, and vigorous body. This racism and overzealous nationalism. Jane was man negotiated the first ever Seven-Year Friday, November 30, 2001 an activist for peace and disarmament during Agreement for a Building Trades contract in Mr. DEUTSCH. Mr. Speaker, I rise today to the Cold War, representing the American the industry. Mike would be most proud of cre- honor Nat Geier, a distinguished citizen of Friends Service Committee to the World ating the Scholarship Program awarding Council of Churches and at many international $335,400 to union members’ sons and daugh- Sunrise, Florida who has devoted himself to peace conferences. ters. improving the South Florida community over Jane Mayer adopted Carmel-By-The-Sea as With all of his accomplishments, Mike still the last three decades. Through numerous cit- the city to protect from commercial exploi- maintains the greatest modesty. With his nat- izen campaigns, Mr. Geier was the engine of tation. She was a tireless advocate for the ural ability and education, obviously Mike improvement in strengthening the Broward conservation of Carmel’s unique character, be- could have gathered a sizeable purse over the County community. It brings me great sadness coming founding member of the Carmel Resi- years in a different career, but he chose to im- to report that Nat Geier passed away on Sat- dents Association and member of the Carmel prove the lives of union members. There are urday, November 24, 2001, at the age of 91. show horses and work horses, and Mike has General Plan Committee, the Historic Preser- Born in Poland in 1911, Nat immigrated to vation Committee and board member of the been the man to always pull more than his America at the age of nine. He left the New Cherry Foundation. weight in work and accomplishes his tasks I grew up with her two sons Rock and without asking for a thank you. He has only York City School system at age 13 to find em- Dicken Scully and knew her two step daugh- taken 4 weeks vacation in his 22 years of ployment in the garment business cutting ma- ters Julie Mayer Vogman of Berkeley and service. terial. The young man learned quickly, worked Amanda Mayer Stinchecum of Brooklyn, N.Y. The number of people he has assisted—my- hard and rose up in the ranks. After a suc- Her son Rock Scully became the first man- self included—quietly throughout the years cessful career in New York, Nat followed his ager of the Grateful Dead band and son may never be known, but is surely massive in dream to relocate to South Florida. number. Mike will head into retirement in the Dicken a popular and respected psychologist. An early resident of the now well-developed next month, accompanied by Lynn, his wife of Both sons now live in Carmel, her husband area of South Florida, he always understood 28 years. Milton died in 1986. that homeownership is the anchor of all com- Jane lived her life as a teacher of good— Mr. Speaker, I would like to mention that munities; it gives residents long-term invest- and in doing so empowered others to fight Mike Dooley served his community and neigh- ment in the quality of their surroundings. For against the ignorance of intolerance and un- bors honestly and fully throughout his life. I just laws. She taught by example and by intro- salute him and thank him for his friendship. this reason, Nat set out two decades ago to ducing American youth to cross-cultural expe- f educate Broward residents of the importance of the ‘‘Homestead Exemption’’ rules, which riences. My one summer in Europe in 1958 ECO-TERRORISM along with her sons Rock and Dicken, Frank encourage homeownership and community Wallace, Adrian Benett and Ann McConnel led enhancement while functioning within the Flor- us all, five years later to apply for the Peace HON. SCOTT McINNIS ida tax codes. Nat’s efforts brought the bene- Corps. That experience led me into public OF COLORADO fits of these rules to thousands of Florida service and now a Member of this House. So IN THE HOUSE OF REPRESENTATIVES homeowners and helped to build the strong it is with great sadness that I submit this trib- Friday, November 30, 2001 and lasting communities thriving in Broward ute to Jane S. Mayer, truly a women who Mr. McINNIS. Mr. Speaker, I would like to County today. made a difference in people’s lives. read into the RECORD a response I received Upon retirement from the garment industry, f yesterday to a letter my colleagues and I sent Nat reinvented himself as a social and com- to national environmental groups, asking them IN HONOR OF MICHAEL J. DOOLEY munity activist. Understanding the importance to join us in publicly condemning eco-ter- of a earning a good, solid education Mr. Geier rorism. A few days ago I read into the Record consistently supported Broward County HON. ROBERT A. BORSKI a letter from the Natural Resources Defense OF PENNSYLVANIA Council stating that ‘‘violence has no place in Schools in their efforts to provide young resi- IN THE HOUSE OF REPRESENTATIVES policy debate.’’ dents with a quality education and opportuni- Friday, November 30, 2001 I would like to share with you statements ties for success. A shining example, Nat col- from the Sierra Club. The following is their re- lected more than $750,000 in grocery receipts Mr. BORSKI. Mr. Speaker, I rise today in sponse: in 1990 to help purchase a local high school’s honor of Michael J. Dooley, a life-long friend first computer. The same year, Nat was in- to myself and Philadelphia, upon his retire- DEAR CHAIRMAN HANSEN, I am surprised ducted into the Broward Senior Hall of Fame. ment. you have not seen the Sierra Club’s denun- Mr. Dooley will retire after 22 years as Busi- ciations of terrorist acts given our fre- Throughout his thirty years in South Florida, quently and clearly stated position. The Si- ness Manager of the Local 454 Piledrivers erra Club condemns all violent acts, includ- Nat remained active in a number of citizen or- Union. He served on the Metropolitan Re- ing those in the name of the environment. As ganizations including the Citizens Community gional Council of Carpenters in Philadelphia. the enclosure documents, even the Earth Information Council, the Sunrise Consumer Af- Mike born and raised in Philadelphia, Pennsyl- Liberation Front that you mention in your fairs Committee, the Sunrise Code Enforce- vania, received his schooling from distin- letter has chronicled Sierra Club ment Board and the Community Blood Center. guished Philadelphia establishments and used denouncements of their violent acts that ap- Mr. Speaker, Nat Geier was both well-loved his education and experience to accomplish peared in various national and local news publications. and widely respected by all those blessed to remarkable feats for fellow union workers. While nonviolent civil disobedience has a Mike attended Saint Joseph’s Preparatory have known him. He is survived by his son distinguished place in American history, the and daughter, Joel Geier and Caryle Perlman School and graduated from Drexel University Sierra Club uses only lawful means to pro- with a degree in Construction Management. tect the environment. We can respect the de- of Chicago; stepsons Leon Silverstein of New He continued his education receiving a Mas- cision of those who, by undertaking acts of York and Jay Silverstein of Los Angeles; step- ter’s Degree from Temple University in Voca- nonviolent civil disobedience, put them- daughter Ilene Silverstein of New York; six tional Education. Immediately after his studies, selves at risk, but peaceful disobedience and grandchildren; and five great-grandchildren. he began work in his Local Union as an Ap- violence are vastly different acts. No matter Nat selflessly served his community and his what the motivation, the Sierra Club does prentice, climbing to Journeyman status, then not condone any acts of violence. family was a source of admiration and great Apprentice Teacher, then finally elected Busi- Sincerely, pride. Today we celebrate Nat’s life, which ness Manager of the Piledrivers Union in Jennifer Ferenstein, serves as a wonderful example to all who fol- 1979. President. low in his footsteps.

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HIGHLIGHTS The House agreed to the conference report on H.R. 2299, Department of Transportation and Related Agencies Appropriations for FY 2002. Senate Subsequently, adoption of the resolution was viti- Chamber Action ated. Page S12272 Routine Proceedings, pages S12219–S12274 Presidential Medal of Freedom Award: Senate Measures Introduced: Seven bills and two resolu- agreed to S. Res. 23, expressing the sense of the Sen- tions were introduced today, as follows: S. ate that the President should award the Presidential 1748–1754, S. Res. 185, and S. Con. Res. 87. Medal of Freedom posthumously to Dr. Benjamin Page S12247 Elijah Mays in honor of his distinguished career as Measures Reported: an educator, civil and human rights leader, and pub- H.R. 643, to reauthorize the African Elephant lic theologian. Page S12272 Conservation Act. (S. Rept. No. 107–104) Patriot Day Designation: Committee on the Ju- H.R. 645, to reauthorize the Rhinoceros and diciary was discharged from further consideration of Tiger Conservation Act of 1994. (S. Rept. No. H.J. Res. 71, amending title 36, United States 107–105) Page S12247 Code, to designate September 11 as Patriot Day, and Measures Passed: the resolution was then passed, clearing the measure for the President. Pages S12272–73 Stan Parris Post Office Building Designation: Senate passed H.R. 1766, to designate the facility of Measures Indefinitely Postponed: the United States Postal Service located at 4270 Earl T. Shinhoster Post Office Designations: S. John Marr Drive in Annandale, Virginia, as the 1184, to designate the facility of the United States ‘‘Stan Parris Post Office Building’’, clearing the Postal Service located at 2853 Candler Road in De- measure for the President. Page S12271 catur, Georgia, as the ‘‘Earl T. Shinhoster Post Of- Earl T. Shinhoster Post Office Designations: fice’’. Page S12272 Senate passed H.R. 2261, to designate the facility of Congressman Julian C. Dixon Post Office the United States Postal Service located at 2853 Building Redesignation: S. 1381, to redesignate the Candler Road in Decatur, Georgia, as the ‘‘Earl T. facility of the United States Postal Service located at Shinhoster Post Office’’, clearing the measure for the 5472 Crenshaw Boulevard in Los Angeles, California, President. Page S12271 as the ‘‘Congressman Julian C. Dixon Post Office Congressman Julian C. Dixon Post Office Building’’. Page S12272 Building Redesignation: Senate passed H.R. 2454, Federal Farm Bill: Senate began consideration of to redesignate the facility of the United States Postal the motion to proceed to the consideration of S. Service located at 5472 Crenshaw Boulevard in Los 1731, to strengthen the safety net for agricultural Angeles, California, as the ‘‘Congressman Julian C. producers, to enhance resource conservation and rural Dixon Post Office Building’’, clearing the measure development, to provide for farm credit, agricultural for the President. Page S12271 research, nutrition, and related programs, and to en- American Airlines Flight 587 Crash: Senate sure consumers abundant food and fiber Page S12271 agreed to H. Con. Res. 272, expressing the sense of A motion was entered to close further debate on Congress regarding the crash of American Airlines the motion to proceed to consideration of the bill Flight 587. Page S12272 (listed above). Page S12271 D1185

VerDate 11-MAY-2000 04:16 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D30NO1.REC pfrm01 PsN: D30NO1 D1186 CONGRESSIONAL RECORD — DAILY DIGEST November 30, 2001 Nomination—Agreement: A unanimous-consent- James A. McDevitt, of Washington, to be United time agreement was reached providing for consider- States Attorney for the Eastern District of Wash- ation of the nomination of John P. Walters, of ington, for the term of four years. Michigan, to be Director of National Drug Control Johnny Keane Sutton, of Texas, to be United Policy, with a vote on confirmation of the nomina- States Attorney for the Western District of Texas, tion to occur thereon. Page S12271 for the term of four years. Department of Transportation Appropriations Richard S. Thompson, of Georgia, to be United Conference Report—Agreement: A unanimous- States Attorney for the Southern District of Georgia, consent-time agreement was reached providing for for the term of four years. consideration of the conference report on H.R. 2299, A routine list in the Coast Guard. Pages S12273–74 making appropriations for the Department of Trans- Nominations Received: Senate received the fol- portation and related agencies for the fiscal year end- lowing nominations: ing September 30, 2002, upon consent of the Major- Diane M. Ruebling, of California, to be a Member ity Leader, following consultation with the Repub- of the Board of Directors of the Overseas Private In- licans Leader, with a vote on adoption of the con- vestment Corporation for a term expiring December ference report to occur thereon. Page S12272 17, 2002. Comprehensive Retirement Security and Pension C. William Swank, of Ohio, to be a Member of Reform Act—Agreement: A unanimous-consent- the Board of Directors of the Overseas Private In- time agreement was reached providing for further vestment Corporation for a term expiring December consideration of H.R. 10, to provide for pension re- 17, 2002. form, at 4:45 p.m., on Monday, December 3, 2001, Scott A. Abdallah, of South Dakota, to be United with a vote on a motion to close further debate on States Attorney for the District of South Dakota for Lott/Murkowski/Brownback Amendment No. 2171 the term of four years. (to Amendment No. 2170), to occur at 5:15 p.m. Thomas P. Colantuono, of New Hampshire, to be Page S12273 United States Attorney for the District of New Hampshire for the term of four years. Nominations Confirmed: Senate confirmed the fol- Harry E. Cummins III, of Arkansas, to be United lowing nominations: States Attorney for the Eastern District of Arkansas Thomas L. Sansonetti, of Wyoming, to be an As- for the term of four years. sistant Attorney General. Michael Taylor Shelby, of Texas, to be United James Edward Rogan, of California, to be Under States Attorney for the Southern District of Texas for Secretary of Commerce for Intellectual Property and the term of four years. Page S12273 Director of the United States Patent and Trademark Office. Messages From the House: Page S12244 Edward Hachiro Kubo, Jr., of Hawaii, to be Measures Placed on Calendar: United States Attorney for the District of Hawaii for Pages S12219–20, S12244 the term of four years. Measures Read First Time: Page S12244 Sheldon J. Sperling, of Oklahoma, to be United States Attorney for the Eastern District of Oklahoma Enrolled Bills Presented: Page S12244 for the term of four years. Executive Communications: Pages S12244–47 David E. O’Meilia, of Oklahoma, to be United Additional Cosponsors: Page S12247 States Attorney for the Northern District of Okla- homa for the term of four years. Statements on Introduced Bills/Resolutions: David R. Dugas, of Louisiana, to be United States Pages S12247–64 Attorney for the Middle District of Louisiana for the Additional Statements: Pages S12242–44 term of four years. Amendments Submitted: Pages S12264–71 R. David Paulison, of Florida, to be Administrator of the United States Fire Administration, Federal Adjournment: Senate met at 9:30 a.m., and ad- Emergency Management Agency. journed at 1:54 p.m., until 1 p.m., on Monday, De- Conrad Lautenbacher, Jr., of Virginia, to be Under cember 3, 2001. (For Senate’s program, see the re- Secretary of Commerce for Oceans and Atmosphere. marks of the Acting Majority Leader in today’s William Schubert, of Texas, to be Administrator Record on page S12273.) of the Maritime Administration. Arden Bement, Jr., of Indiana, to be Director of Committee Meetings the National Institute of Standards and Technology. No committee meetings were held.

VerDate 11-MAY-2000 04:16 Dec 01, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D30NO1.REC pfrm01 PsN: D30NO1 November 30, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1187 House of Representatives Chamber Action Joint Meetings Measures Introduced: 4 public bills, H.R. TRANSPORTATION APPROPRIATIONS 3387–3390 were introduced. Page H8746 Conferees on Thursday, November 29, agreed to file Reports Filed: Reports were filed today as follows: a conference report on the differences between the H.R. 3030, to extend the ‘‘Basic Pilot’’ employ- Senate and House passed versions of H.R. 2299, ment verification system, amended (H. Rept. making appropriations for the Department of Trans- 107–310, Pt. 1); and portation and related agencies for the fiscal year end- H.R. 64, to provide for the establishment of the ing September 30, 2002. position of Deputy Administrator for Science and Technology of the Environmental Protection Agency, EDUCATION REFORM amended (H. Rept. 107–311). Pages H8745–46 Conferees met to resolve the differences between the Transportation Appropriations Conference Re- Senate and House passed versions of H.R. 1, to close port: The House agreed to the conference report on the achievement gap with accountability, flexibility, H.R. 2299, making appropriations for the Depart- and choice, so that no child is left behind, but did ment of Transportation and related agencies for the not complete action thereon, and recessed subject to fiscal year ending September 30, 2002 by a yea and call. nay vote of 371 yeas to 11 nays, Roll No. 465. f Pages H8734–40 CONGRESSIONAL PROGRAM AHEAD Earlier agreed to H. Res. 299, the rule that waived points of order against the conference report Week of December 3 through December 8, 2001 by voice vote. Pages H8733–34 Senate Chamber Legislative Program: The Majority Leader an- Monday, nounced the Legislative Program for the week of De- On Senate will resume consideration of H.R. 10, Comprehensive Retirement Security and cember 3. Pages H8740–41 Pension Reform Act, with a vote to occur on a mo- Meeting Hour—Tuesday, Dec. 4: Agreed that tion to close further debate on Lott/Murkowski/ when the House adjourns today, it adjourn to meet Brownback Amendment No. 2171 (to Amendment at 12:30 p.m. on Tuesday, Dec. 4 for morning hour No. 2170), to occur at 5:15 p.m. debate. Page H8741 During the balance of the week, Senate may con- Calendar Wednesday: Agreed to dispense with the sider any other cleared legislative and executive busi- Calendar Wednesday business of Wednesday, Dec. 5. ness, including appropriation bills and conference re- ports when available. Page H8741 Senate Messages: Messages received from the Senate Senate Committees today appear on pages H8740. (Committee meetings are open unless otherwise indicated) Referral: S.J. Res. 26 was referred to the Committee Committee on Appropriations: December 4, Subcommittee on House Administration. Page H8744 on Labor, Health and Human Services, and Education, to hold hearings to examine issues concerning cloning, 9 Quorum Calls—Votes: One yea and nay vote devel- a.m., SD–192. oped during the proceedings of the House today and December 4, Subcommittee on Defense, business meet- appears on page H8740. There were no quorum ing to mark up H.R. 3338, making appropriations for calls. the Department of Defense for the fiscal year ending Sep- tember 30, 2002, 10 a.m., SD–124. Adjournment: The House met at 9 a.m. and ad- December 4, Full Committee, business meeting to journed at 10:45 a.m. mark up H.R. 3338, making appropriations for the De- partment of Defense for the fiscal year ending September 30, 2002, 3 p.m., SD–106. Committee Meetings Committee on Armed Services: December 4, to hold hear- No committee meetings were held. ings on the nomination of Claude M. Bolton, Jr., of Flor- ida, to be Assistant Secretary of the Army for Acquisi- tion; to be followed by a business meeting to consider pending nominations, 9:30 a.m., SR–222.

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Committee on Banking, Housing, and Urban Affairs: De- whether the Federal Government is adequately structured cember 4, to hold hearings to examine housing and com- to safeguard them, 9:30 a.m., SD–342. munity development needs in America, 10 a.m., SD–538. Committee on the Judiciary: December 4, to resume over- Committee on Commerce, Science, and Transportation: De- sight hearings to examine the Department of the Judici- cember 5, Subcommittee on Science, Technology, and ary, focusing on how to preserve freedoms while defend- Space, to hold hearings to examine the technology sector ing against terrorism, 10 a.m., SD–226. in times of crises, 9 a.m., SR–253. December 4, Full Committee, to resume oversight December 6, Full Committee, to hold hearings to ex- hearings to examine the Department of the Judiciary, fo- amine the corporate average fuel economy, 10 a.m., cusing on how to preserve freedoms while defending SR–253. against terrorism, 2 p.m., SD–226. December 6, Full Committee, to hold hearings on the December 5, Full Committee, to hold hearings to ex- nomination of Jeffrey Shane, of the District of Columbia, amine the nominations of Callie V. Granade, to be to be Associate Deputy Secretary, and the nomination of United States District Judge for the Southern District of Emil H. Frankel, of Connecticut, to be Assistant Sec- Alabama, Marcia S. Krieger, to be United States District retary of Transportation Policy, both of the Department Judge for the District of Colorado, James C. Mahan, to of Transportation, 2:30 p.m., SR–253. be United States District Judge for the District of Ne- December 7, Full Committee, to hold hearings on the vada, Philip R. Martinez, to be United States District nomination of Sean O’Keefe, of New York, to be Admin- Judge for the Western District of Texas, C. Ashley Royal, istrator of the National Aeronautics and Space Adminis- to be United States District Judge for the Middle District tration, 9:30 a.m., SR–253. of Georgia, and Mauricio J. Tamargo, of Florida, to be Committee on Energy and Natural Resources: December 5, Chairman of the Foreign Claims Settlement Commission to hold hearings on the nomination of Margaret S.Y. of the United States, Department of Justice, 10 a.m., Chu, of New Mexico, to be Director of the Office of Ci- SD–226. vilian Radioactive Waste Management, and the nomina- December 5, Subcommittee on Youth Violence, to tion of Beverly Cook, of Idaho, to be Assistant Secretary hold hearings to examine the future of the community for Environment, Safety and Health, both of the Depart- oriented policing services program of the Department of ment of Energy; and the nomination of Jeffrey D. Jarrett, Justice, 1:30 p.m., SD–226. December 6, Full Committee, to resume oversight of Pennsylvania, to be Director of the Office of Surface hearings to examine the Department of the Judiciary, fo- Mining Reclamation and Enforcement, and the nomina- cusing on how to preserve freedoms while defending tion of Rebecca W. Watson, of Montana, to be Assistant against terrorism, 10 a.m., SD–106. Secretary for Land and Minerals Management, both of the United States Senate Caucus on International Narcotics Con- Department of the Interior, 9:30 a.m., SD–366. trol: December 4, to hold hearings to examine rave party December 6, Full Committee, to hold hearings to ex- promoters and club drugs, 2:30 p.m., SR–385. amine negotiations for renewing the Compact of Free As- sociation, 9:30 a.m., SD–366. House Chamber Committee on Environment and Public Works: December 4, To be announced. to hold hearings to examine the remediation process of biologically contaminated buildings, 9:30 a.m., SD–406. House Committees Committee on Finance: December 4, business meeting to Committee on the Budget, December 5, hearing on Re- mark up S. 1209, to amend the Trade Act of 1974 to Structuring Government for Homeland Security: Nuclear/ consolidate and improve the trade adjustment assistance Biological/Chemical Threats, 10 a.m., 210 Cannon. programs, to provide community-based economic devel- Committee on Energy and Commerce, December 4, Sub- opment assistance for trade-affected communities, 10 committee on Telecommunications and the Internet, a.m., SD–215. hearing on ‘‘The Status of Competition in the Multi- Committee on Foreign Relations: December 4, to hold Channel Video Programing Distribution Marketplace, 2 hearings on pending nominations, 2:15 p.m., SD–419. p.m., 2123 Rayburn. December 4, Full Committee, to hold hearings on the December 5, Subcommittee on Oversight and Inves- nomination of William R. Brownfield, of Texas, to be tigations, hearing titled ‘‘A Review of Security Issues at Ambassador to the Republic of Chile; and the nomination Nuclear Power Plants,’’ 10 a.m., 2123 Rayburn. of Charles S. Shapiro, of Georgia, to be Ambassador to Committee on Government Reform, December 5, hearing on the Bolivarian Republic of Venezuela, 4:30 p.m., ‘‘The FBI’s Handling of Confidential Informants in Bos- SD–419. ton: Will the Justice Department Comply with Congres- December 6, Full Committee, to hold hearings to ex- sional Subpoenas?’’ 12 p.m., 2154 Rayburn. amine the political future of Afghanistan, 10:30 a.m., December 5, Subcommittee on Criminal Justice, Drug SD–419. Policy, and Human Resources, hearing on ‘‘Federal Law Committee on Governmental Affairs: December 5, to hold Enforcement: Long Term Implications of Homeland Secu- hearings to examine the local role in homeland security, rity Needs,’’ 9:30 a.m., 2154 Rayburn. 9:30 a.m., SD–342. December 5, Subcommittee on Government Efficiency, December 6, Full Committee, to hold hearings to as- Financial Management, and Intergovernmental Affairs, sess the vulnerability of United States seaports and hearing on ‘‘The Debt Collection Improvement Act of

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1996: How Well is it Working?’’ 10 a.m., 2244 Ray- chargeable in whole or in part against the revenues of burn. said District for the fiscal year ending September 30, December 7, Subcommittee on the District of Colum- 2002, 5:30 p.m., H–313 Capitol. bia, hearing on the District of Columbia School Reform Committee on Science, December 5, hearing on Science of Act of 1995–Blue Print for Education Reform in the Dis- Bioterrorism: Is the Federal Government Prepared?’’ 10 trict of Columbia, 10 a.m., 2154 Rayburn. a.m., 2318 Rayburn. Committee on International Relations, December 5, hearing Committee on Small Business, December 6, hearing on the on Bioterrorism: Potential Sources of Anthrax, 10:15 SBA’s efforts to provide assistance to those directly and a.m., 2172 Rayburn. indirectly impacted by the terrorist attacks of September Committee on the Judiciary, December 4, oversight hear- 11, 2001, upon the World Trade Center in New York ing on Direct Broadcast Satellite Service and Competition City and the Pentagon in Arlington, Virginia, 2 p.m., in the Multichannel Video Distribution Market, 10 a.m., 2360 Rayburn. 2141 Rayburn. December 6, Subcommittee on Tax, Finance, and December 5, hearing on H.R. 3295, Help America Exports, hearing on a number of economic stimulus Vote Act of 2001, 1 p.m., 2141 Rayburn. proposals, and their possible impacts on the nation’s December 6, hearing on H.R. 3288, Fairness in Anti- trust in National Sports (FANS) Act of 2001, 1 p.m., economy, 10 a.m., 2360 Rayburn. 2141 Rayburn. Committee on Transportation and Infrastructure, December December 6, Subcommittee on Commercial and Ad- 6, Subcommittee on Coast Guard and Maritime Transpor- ministrative Law and the Subcommittee on Courts, the tation, hearing on Port Security, 10 a.m., 2167 Rayburn. Internet, and Intellectual Property, joint hearing on the Committee on Ways and Means, December 4, Sub- Settlement Agreement by and among the United States committee on Health, hearing on Status of the of America, the FCC, NextWave Telecom, Inc., and cer- Medicare+Choice Program, 10 a.m., 1100 Longworth. tain affiliates, and Participating Auction 35 Winning Bidders, 10 a.m., 2141 Rayburn. Joint Meetings Committee on Resources, December 4, Subcommittee on Conference: December 5, closed meeting of conferees on Forests and Forest Health, oversight hearing on Con- H.R. 2883, to authorize appropriations for fiscal year flicting Laws and Regulations—Gridlock on the National 2002 for intelligence and intelligence-related activities of Forests, 3 p.m., 1334 Longworth. the United States Government, the Community Manage- Committee on Rules, December 4, to consider the fol- ment Account, and the Central Intelligence Agency Re- lowing: Conference Report to accompany H.R. 2506, tirement and Disability System, 2 p.m., S–407, Capitol. making appropriations for foreign operations, export fi- Commission on Security and Cooperation in Europe: Decem- nancing, and related programs for the fiscal year ending ber 6, to hold hearings to examine the state of human September 30, 2002; and the Conference Report to ac- rights, democracy and security concerns in Kyrgyzstan, company H.R. 2944, making appropriations for the gov- focusing on human rights and democracy in the Central ernment of the District of Columbia and other activities Asian region, 2 p.m., 334 Cannon Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Monday, December 3 12:30 p.m., Tuesday, December 4

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 4:45 p.m.), Sen- ate will resume consideration of H.R. 10, Comprehensive Retirement Security and Pension Reform Act, with a vote on a motion to close further debate on Lott/Murkowski/ Brownback Amendment No. 2171 (to Amendment No. 2170), to occur at 5:15 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Deutsch, Peter, Fla., E2187 Johnson, Sam, Tex., E2186 English, Phil, Pa., E2184 McInnis, Scott, Colo., E2187 Barr, Bob, Ga., E2183 Farr, Sam, Calif., E2186 Matheson, Jim, Utah, E2183 Borski, Robert A., Pa., E2187 Foley, Mark, Fla., E2185 Radanovich, George, Calif., E2183, E2184 Brown, Corrine, Fla., E2183 Gordon, Bart, Tenn., E2183, E2184 Sessions, Pete, Tex., E2185 Costello, Jerry F., Ill., E2185 Israel, Steve, N.Y., E2185 Wynn, Albert Russell, Md., E2186

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