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

Vol. 148 WASHINGTON, TUESDAY, APRIL 30, 2002 No. 51 Senate The Senate met at 10 a.m. and was U.S. SENATE, Judges for the State of Pennsylvania. called to order by the Honorable E. PRESIDENT PRO TEMPORE, There will be a half hour of debate on BENJAMIN NELSON, a Senator from the Washington, DC, April 30, 2002. those two matters. Then we will vote State of Nebraska. To the Senate: this afternoon at 2:15, following our Under the provisions of rule I, paragraph 3, normal weekly party conferences. PRAYER of the Standing Rules of the Senate, I hereby appoint the Honorable E. BENJAMIN NELSON, Following disposition of these nomi- The Chaplain, Dr. Lloyd John a Senator from the State of Nebraska, to nations, we will again go back to the Ogilvie, offered the following prayer: perform the duties of the Chair. Andean trade bill. A rollcall vote on A voice from the past calls us to ROBERT C. BYRD, adoption of the motion to proceed is make our work an expression of our President pro tempore. expected today, sometime this evening. faith. In 1780, the father of the Amer- Mr. NELSON of Nebraska thereupon We hope those who wish to speak on ican Revolution, Samuel Adams, said: assumed the chair as Acting President this matter will do so. In the mean- ‘‘If you carefully fulfill the various pro tempore. time, I ask unanimous consent that duties of life from a principle of obedi- f time under the quorum call I will ini- ence to your heavenly Father, you will tiate be equally charged against the enjoy a peace which the world cannot RESERVATION OF LEADER TIME proponents and opponents of this legis- give nor take away.’’ The ACTING PRESIDENT pro tem- lation. Let us pray: Gracious Father, we pore. Under the previous order, the The ACTING PRESIDENT pro tem- seek to be obedient to You as we fulfill leadership time is reserved. pore. Without objection, it is so or- the sacred duties of this Senate today. dered. May the Senators and all who assist f Mr. REID. I suggest the absence of a them see the work of this day as an op- ANDEAN TRADE PREFERENCE quorum. portunity to glorify You by serving our ACT—MOTION TO PROCEED The ACTING PRESIDENT pro tem- country. We renew our commitment to pore. The clerk will call the roll. excellence in all that we do. Our desire The ACTING PRESIDENT pro tem- The assistant legislative clerk pro- is to know and do Your will. Grant us pore. Under the previous order, the ceeded to call the roll. a profound experience of Your peace, Senate will now resume consideration Mr. TORRICELLI. Mr. President, I true serenity in our souls that comes of the motion to proceed to H.R. 3009, ask unanimous consent that the order from complete trust in You, and de- which the clerk will report. for the quorum call be rescinded. pendence on Your guidance. Free us of The assistant legislative clerk read The ACTING PRESIDENT pro tem- anything that would distract us or dis- as follows: pore. Without objection, it is so or- turb us as we give ourselves to the task Motion to proceed to the bill (H.R. 3009) to dered. extend the Andean Trade Preference Act, to and challenges today. In the Lord’s COLLEGE EDUCATION COSTS name. Amen. grant additional trade benefits under that act, and for other purposes. Mr. TORRICELLI. Mr. President, last f year, the Senate made significant The ACTING PRESIDENT pro tem- strides in easing the burdens of Amer- PLEDGE OF ALLEGIANCE pore. Under the previous order, the ican families facing the mounting costs time until 12 noon shall be equally di- The Honorable E. BENJAMIN NELSON of a college education. In an initiative vided and controlled between the pro- led the Pledge of Allegiance, as follows: that I have sponsored, and in which I ponents and opponents of the motion. I pledge allegiance to the Flag of the take enormous pride—the tax reduc- United States of America, and to the Repub- RECOGNITION OF THE ACTING MAJORITY LEADER tion legislation of last year—there is a lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. provision allowing partial tuition, for pore. The Senator from Nevada is rec- the first time in American history, to f ognized. become tax deductible. APPOINTMENT OF ACTING SCHEDULE Another measure that I successfully PRESIDENT PRO TEMPORE Mr. REID. As the Chair has an- authored raised a cap on interest on The PRESIDING OFFICER. The nounced, we are now on the Andean student loans so that they could be- clerk will please read a communication trade bill. Until noon there will be re- come deductible. In many ways, for to the Senate from the President pro marks of those who favor it and those middle-income families—indeed, for all tempore (Mr. BYRD). who are opposed to it. At noon we will American families—this was enor- The assistant legislative clerk read vote on Michael Baylson and Cynthia mously helpful in easing the burden of the following letter: Rufe to be United States District an expensive college education.

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

S3515

.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.000 pfrm12 PsN: S30PT1 S3516 CONGRESSIONAL RECORD — SENATE April 30, 2002 You can imagine how distressed I was expensive for people to go into medi- last night. We come back, and we vote to discover in recent days that the ad- cine when doctors are already leaving on something we could have been vot- ministration has a new initiative that the profession? Do we really want to ing on anytime—on Tuesday, Wednes- would now increase the burden of fi- make it harder for people to go to grad- day, or Thursday. nancing a college education—just as we uate school when we need engineers Then you see the press corps around were making all of this progress. The and businesspeople with real talents? Washington. They all think everything proposal, of course, is to prohibit the This cannot be the right priority for that is worthwhile is happening in consolidation of student loans at low, the country. Washington. You read the Hill and you fixed interest rates. This will com- I hope the administration will recon- read Roll Call and they say it is per- pound the problems of millions of sider this proposal. The administration fectly reasonable for the majority lead- American families who rely upon stu- needs revenue. This cannot be the right er to say everyone ought to be in Wash- dent loans to finance a college edu- way to approach it. Strangely, in this ington all the time. cation. same Congress, while raising taxes on I can tell you one of the problems we Under their current program, a fam- middle-income families and college have is people who are in Washington ily can take their various student students, the administration is pro- all the time lose sight of who real peo- loans, consolidate them in a single posing to revisit the estate tax, which ple are. It is so hard to explain to peo- loan, and fix them at a determined in- we have already lowered, and increase ple around here, but people in my State terest rate, which is predictable and the threshold so that only less than of Oklahoma understand it very well. will not alter for the life of the loan. half of a percentage point of Americans There aren’t any real, normal people in The savings, obviously, will allow stu- are even subjected to the tax. And the Washington. Everyone is either a Mem- dents to consider going beyond college rates on those people have been low- ber or they are a staffer or they are a to graduate education. It allows young ered. We are going to revisit that tax lobbyist or somebody else. To be able people who have these debts to begin while taxing college students and mid- to get what is needed for America, you families, buy homes, and start their dle-income families. need to get back into real America. lives. I cannot be the only person in this Oklahoma is real America. I can cite Under the alternative proposal by the institution who thinks this does not some examples. administration, students graduating make any sense for the country or the I will be talking to the Duma this from college will have variable interest Congress. I hope we do not have a con- afternoon, the Russian Duma, about loans. That would make it impossible frontation with the Bush administra- our new relationship with Russia. to plan young lives. The debts begin at tion on this point. I hope they recon- When I go back to Oklahoma, they will high interest rates and they are then sider it. I hope they withdraw it. It is say: Wait a minute; why do we still subject to the market. just the wrong thing to do. have an ABM Treaty that was set up in Young families having children, buy- I yield the floor. 1972? ing homes, in 5 years could find inter- I suggest the absence of a quorum Fortunately, we are going to get rid est rates at significantly higher levels. and the time be charged equally of that thing. But why did it take this They can go from college to graduate against both sides. long? It took this long because people school and in the middle of graduate The PRESIDING OFFICER. The around this town don’t understand pure school discover their interest rates are clerk will call the roll. logic. The logic is that at one time going up and they cannot remain in The assistant legislative clerk pro- there were two superpowers, the school. This will affect an incredible ceeded to call the roll. U.S.S.R. and the United States. And I 700,000 students per year who will have Mr. INHOFE. Madam President, I ask have to admit, as a Republican, this their finances radically changed by unanimous consent the order for the was done in a Republican administra- this inability to consolidate loans. quorum call be rescinded. tion. Henry Kissinger, back in the The administration argues that most The PRESIDING OFFICER (Mrs. Nixon administration, put together of this consolidation is being done by CARNAHAN). Without objection, it is so something that said: I will make you a medical students or law students who ordered. deal, U.S.S.R. We won’t defend our- are going to have very high incomes so Mr. INHOFE. Madam President, I selves against you, if you don’t defend they can face this burden. also ask unanimous consent that I be yourselves against us. And if you shoot First, that is inaccurate. The average recognized as in morning business and us, we will shoot you, and everybody consolidated loan is $15,000. There are that the time I use come off the dies and everybody is happy. It is hundreds of thousands of students with postcloture time. called mutual assured destruction. these loans. Most of them are college The PRESIDING OFFICER. Without That might have made sense to some students. They are getting bachelor’s objection, it is so ordered. people back in 1972. It didn’t to me, but degrees. They may be going into teach- SPENDING VALUABLE TIME WITH CONSTITUENTS it might have to some other people. ing or social work or business; they Mr. INHOFE. Madam President, first Now we have a totally different world may be young entrepreneurs; they of all, I have been a little disturbed re- out there in Russia, which is a friend could be of any walk of life; but they cently—I am not mad at anybody— and ally of ours; yet we do have Iraq, are at a stage of life when they cannot about all of this discussion about what Iran, Syria, and Libya, other countries afford what amounts to a tax. we are doing here and why it is nec- harboring terrorists, developing weap- Make no mistake, this is a tax pro- essary to be here on Mondays and on ons that will reach the United States, posed by the Bush administration on Fridays when on Tuesdays and Wednes- missiles that will reach us. Already middle-income families and college days and Thursdays we are spending China, North Korea, and Russia have students. There is scarcely a segment most of our time in quorum calls. such missiles. So how does it make of American society that can less af- I think there is this Washington, DC, sense in today’s world that we don’t de- ford a tax increase. This Senate recog- mentality that floats around that fend ourselves? nized that fact last year. That is why somehow if we are not here in Wash- I don’t get the answers, but I get the my amendments to make college tui- ington, DC, we, as Senators, are not questions when I go back to Oklahoma. tion tax deductible and to raise the cap doing our work. Then I have to try to explain to them. on the deduction of student loans were Let me tell you, for those of us who I was criticized the other day by some accepted. We wanted to reduce the go back to the district and are with our of my conservative friends as to why I costs of college education, not increase people—in my case, the people of Okla- voted on some of the amendments in them. homa, who make much more sense the farm bill. I voted on those because Even if the administration were right than anybody makes around this I went back. I have town meetings, as and many of these loans were going for place—that time is more valuable, and I am sure the Chair is aware. I get medical students or law students or it is harder. Our hours are longer. We around and have as many as five, six in business students, does that make it work long hours when we are back a day. the right priority for the country? Do there. Yet we see the bed check votes Oklahoma, particularly in the west- we really want to make it even more such as the one that brought us back ern part of the State, is agricultural.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.004 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3517 In Oklahoma, our farmers have three That is what we now will be consid- tation. I learned a lot of stuff like how the sources of income: Grain, livestock, ering on the floor of the Senate—a bill pilgrims won the Revolutionary War and and oil. They have this so-called mar- that is going to allow us in Washington about our freedoms and laws. I also think ginal production. For a sustained pe- to decide what we in Tulsa, OK, do it’s great that Afganistan got a new govern- riod of time, all three of these were ment. Thanks again. with our property. Sincerely, I see others seeking the floor. I was down, and they were really hurting. I COLIN FERGUSON. sat down in places such as Shattuck, killing a little time. The other day I was at Eisenhower OK, and Gage, OK. I had farmers com- DEAR SENATOR INHOFE: I want to thank you ing in and saying: For the first time in School. It is a school that has done for coming to our classroom. I really enjoyed five generations, we will have to sell some great things in the public school your presentation. I learned that in Afghani- our farm. We can no longer stay in system that others are emulating. I re- stan they have mountains that are about business. ceived some letters. I will just read a 12,000 feet tall. I also learned that there are For that reason, I realized that we couple. This one says: 100 senators. Two come from each state. have to do something that is different Thank you for my class. Your speech about Sincerely yours, than what we have done before in rights and responsibilities was great and in- BRYCE S. transitioning into a new farm policy. teresting. I really enjoyed you coming. It So we did. And some of the amend- was fun. I learned a lot. Sincerely, Maggie. DEAR SENATOR INHOFE: We really enjoyed Here is another one: you coming to our school. It was one big ments I voted for were pretty expen- pleasure that I will never forget. Now I know Thank you so much for your presentation sive. Nonetheless, that came from what is going on in Afghanistan. It is really today. Our class really enjoyed it. I liked it going back to the State, being there terrible. I hope you can come back and talk a lot. I liked the part where you answered and listening to them instead of stay- more. I didn’t know there were 100 senators. my question. Once again I enjoyed it a lot. Sincerely yours, ing around Washington on the week- Sincerely, Lauren Smith. ends. LATOYA. On energy and ANWR, I can’t believe I ask unanimous consent that the we took all the time we did in trying to rest of these letters be printed in the DEAR SENATOR INHOFE: It was a pleasure to open ANWR for exploration. Here we RECORD. hear you talk about lots of interesting facts There being no objection, the letters are in a threatened position. Everyone on the Bill of Rights, our religion, our re- were ordered to be printed in the is aware of it. After September 11, all sponsibilities, and the revolutionary war. It RECORD, as follows: was a lot of fun having you come. You have of a sudden we find ourselves dependent taught us a lot of interesting things like, dif- upon other countries for 57 percent of DEAR SENATOR INHOFE: I want to thank you for coming to our class. I really learned a lot ferent cultures, and the constitution. our energy. We don’t even pass some- like the pilgrims really wanted to get to Sincerely yours, thing that will allow us to open up the freedom so they traveled even though they BEN RICKMAN. Alaska Wildlife Refuge for exploration. knew a lot of them wouldn’t survive for a I have yet to find one person to go up year. I also learned about the government. I DEAR SENATOR INHOFE: I want to thank you there to the ANWR on the North Slope learned that there are 100 senators. Two for for coming to our class. I enjoyed you talk- of Alaska and come back here shaking each state. I felt proud that I got to meet ing to us. I learned a lot about the govern- their head, wondering why in the world you! It was a pleasure to have you come to ment. I learned that there are one hundred we call that a pristine wilderness. It is our class! You really made it an interesting senators in the United States. It was a pleas- day! ure having you here. nothing but a mud flat. It is a tiny area Sincerely yours, Sincerely, up there that would give us a great ca- SUSAN DIAZ. MATTHEW BREULO. pacity of domestic crude. P.S. I bet you have a big responsibility! In my State of Oklahoma, if we had DEAR SENATOR INHOFE: I want to thank you DEAR MR. INHOFE: I wanted to thank you all of our marginal wells—a marginal for coming today. I think Maggie was glad for coming to our class. I had a very good well is one that produces 15 barrels or you came today. It was our pleasure to listen time. I learned new things too like there are less a day—if we had them all opened, to you. Your subject was very interesting. I 100 senators and 435 representatives. I really hope you’re right about war. I never knew if we had those wells flowing that we like to learn new stuff like that. Thanks that there were military grounds in Lawton. have had closed over the last 10 years, again. I enjoyed listening to you. that would have produced the same Sincerely, Sincerely yours, amount of oil as we are currently im- NOAH ZEIGLER. ABBY JONES. porting from Saudi Arabia. When you go back, you talk to real DEAR SENATOR INHOFE: I want to thank you for teaching me stuff I have never known be- DEAR SENATOR INHOFE: I want to thank you people. Last week, when we were hav- for coming and talking about the Bill of ing a town meeting, they were talking fore. You taught me that the English fought England. It was an interesting visitation. By Rights and lots of very interesting stuff. I about this community planning bill by. think the most interesting part was when that was going to come out, and now it Sincerely, you talked about the Constitution. I enjoyed has come out of the Environment and KYIA W. it very much. It was a pleasure having you Public Works Committee. It will be here. So thank you. considered on this floor. Do you know DEAR SENATOR: Thank you for coming to Sincerely, what that is all about? What that is our school. It was very very interesting. I AVERY BOYD. about is a recognition that no good de- learned that there are 435 State representa- tives and 100 senators. I think it is amazing cisions are made unless they are made DEAR SENATOR INHOFE: I want to thank you that we won the revolutionary war. for coming to our class. When you were here in Washington, DC. I learned that people would strap dynamite I learned that there were 435 state represent- Many years ago when I was mayor of on themselves. They thought God would atives and 100 senators in the United States Tulsa, there was a guy named Dr. Rob- bring them into heaven no matter what. of America. In each state there are two sen- ert Fryley. He had gone into San Thank you. ators. I also learned that the war with Af- Diego. Pete Wilson was mayor at that Sincerely, ghanistan should last about four more years. time. I was mayor of Tulsa. He had EVA. I hope you have a good day. Sincerely yours, drawn these concentric circles that DEAR SENATOR INHOFE: I want to thank you HALEY HOLTZSCHER. said: This is the way you should plan so much for coming to our class. That was a your community. big opportunity that most kids don’t get to He came to Tulsa in the first 2 or 3 have. DEAR SENATOR INHOFE: I want to thank you weeks that I was in office. He started What I learned over your visit that I for coming. I learned that there is a military talking about Tulsa. I said: Wait a thought was really interesting was that peo- base in Lawton. I enjoyed it when we talked ple think that God would send them straight about the Bill of Rights. minute. This property is owned by peo- Sincerely yours, ple. These people bought this property. to Heaven if they killed themselfs. Sincerely, JACKSON. You are going to change the value of DANIELLE P. the property to these people. SENATOR INHOFE: Thank you for coming to They said: That is of no concern to DEAR SENATOR INHOFE: Thank you for com- our class. I learned a lot from you. I learned us. ing to our school I enjoyed your presen- that the pilgrims fought the toughest army

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.007 pfrm12 PsN: S30PT1 S3518 CONGRESSIONAL RECORD — SENATE April 30, 2002 on the face of the earth and won. I also Now, after 50 years, hometowns have The problem is the loss of jobs. You learned that we’ve had peace since 1776. been totally depleted of any industrial only have to go to the morning’s paper. Sincerely, manufacturing. I hope the chairman, who just left the Let me get right to the point and floor, will listen to this one. Of course, JOHN YUAN. bring out the actual facts, using not right now the best bet for the next few DEAR SENATOR INHOFE: I want to thank you for telling us about some Bill of Rights. The just the record made here by the U.S. quarters is probably a jobless recovery things that you told us was so interesting. I Trade Representative, but by the in which the gross domestic product learned a lot about the pilgrims. How they morning news. Let’s look and find out rises but unemployment stays high. fought for our freedom. And thanks again for what we are talking about with respect After all, the economy needs to grow at teaching things that I didn’t know. to trade agreements that we have been about 3.5 percent just to prevent the Sincerely yours, missing. unemployment rate from rising, and AUBRI SETTLE. Well, if you look at the recent edi- the odds are at least even that the tion of the 2001 Trade Policy Agenda of growth will fall short of that mark. DEAR SENATOR INHOFE: Thank you for com- the President of the United States on The funny thing is that a slow jobless ing to our classroom. I learned there are 2 the trade agreements program, you senators from each state. There are so many and profitless recovery is exactly what things I learned they won’t fit on this paper. will find in the glossary in the back level-headed people, such as econo- I wish you had more time in our classroom. that there are some 200 trade agree- mists at the Federal Reserve, have I hope you have a good spring. ments made without fast track. been predicting for a long time. So how Sincerely, Do I need to remind the Senate that did a far more bullish view become not ETHAN GEHRING we just voted on—without fast track— just prevalent but more or less manda- a free trade agreement with Vietnam? tory on Wall Street? How, with the DEAR SENATOR INHOFE: Thank you for com- Do I need to remind the body that we business landscape still strewn with ing to 3rd grade. I enjoyed you talking to us just voted on a free trade agreement about the bill of rights. I learned that there the rubble from the bubble, did that with Jordan? I supported both of those. manic optimism so quickly become are 100 senators. There are 2 in each state. Do I need to remind them that we Sincerely, popular again? It seems that hype LAUREN RUSSELL. passed the Sub-Saharan Africa trade springs eternal. agreement, the Caribbean Basin Initia- That is the morning news, and that is DEAR SENATOR INHOFE: I want to thank you tive Agreement, and the 1997 WTO tele- why the Senator from South Carolina for coming to our class. Thank you for tell- communications agreement? You can only asks for just a closer look. ing us about the Constitution. Thank you for go down the list—and they are all list- Let me fulfill my obligation under coming again. Thank you for telling us how ed in here. the Constitution. Article I, section 8, you work. Now we know it’s a big job. We have made some 200 agreements says that—not the President of the Sincerely yours, in the last 10 years—all without fast United States, not the Supreme JOHN PHILIPS HUGHES. track. We didn’t give total fast track Court—but this branch of Government, Mr. INHOFE. I wanted to stand in the authority to President Clinton because the Congress of the United States, Chamber and say if we ran this place we wanted to deliberate and make sure shall regulate foreign commerce. Now, the way it should be run, we could very the economy of the United States was these pollster politicians who come to easily handle all of the votes we need protected. And it has been working. Washington and crowd around take the to handle on Tuesday, Wednesday, and But look not only at the red book here, easy course. They say: Free trade, free Thursday, and allow those of us who but with respect to the national news, trade, fast track, fast track—and they care about going back to our States, in the Washington Post, it said this don’t have to take any responsibility. spending time with our people and last Thursday: So when you lose all the jobs in St. sharing the wisdom we get from the United States signs trade agreement with Louis and in Charleston, SC, and you States, as opposed to from Washington, eight African nations. look around, you have to sort of take it I think we would be a lot better off. There are eight more trade agree- or leave it. I didn’t want to be against I yield the floor. ments. We aren’t missing out on all free trade, and that is what I had to The PRESIDING OFFICER. The Sen- these so-called trade agreements. I vote for. ator from South Carolina. wish the chairman of the Finance Com- Madam President, it is just terrible Mr. WELLSTONE. Madam President, mittee could read the morning paper. when you read in that same New York the Senator from South Carolina is He could find out that we did it with- Times this morning: going to speak for 30 minutes. I ask out fast track. According to the finan- Auto Parts Makers Grinding to a Halt unanimous consent that I follow the cial news—let me read this to you. This I have another article on a poster Senator from South Carolina. is in the morning Financial Times: board, and I will get into the board de- The PRESIDING OFFICER. Without John O’Leary, former U.S. Ambassador to bate when some of the others come objection, it is so ordered. Chile and campaigner on a bilateral accord, with their particular boards. But the Mr. HOLLINGS. Madam President, said yesterday he expected a deal to be automobile industry is moving out of with respect to the Andean trade com- signed this year whether or not Mr. Bush the United States. We have foreign lo- pact and its re-enactment, and particu- won trade negotiating authority. cations here. Mercedes is in Alabama, larly with respect to the intent to put ...‘‘It’s not a matter of con- BMW is in South Carolina, and some fast track on the particular Andean sequence who is first past the finishing others are trying to get into the mar- trade agreement, the contention is line,’’ he said. ‘‘But the deal with the ket. that without this fast track, we are EU is helpful for Chile because it gives As far as the American manufacturer missing out on all of these wonderful fresh momentum to their negotiations making that profit is concerned and as deals. with the United States.’’ far as the American manufacturer I wish I had time to give the litany of We read it. If they brought a Chilean keeping on the cutting edge of tech- the wonderful deals on how the United trade agreement—I would have to look nology—why did they move to China? States of America—from the Tokyo at it obviously, but why would I vote General Motors was told by the Chi- Round, Uruguay Round, right on down for it? They have relatively the same nese they didn’t know how to trade. to the present scheduled rounds with standard of living. They have a re- They don’t run around saying, be fair, the WTO and otherwise—has been spected judiciary, they have property be fair, level the playing field, be fair. going out of business. Literally, inten- rights, they have labor rights, and they That is outrageous child’s talk. That tionally, we are going out of business, are strong on the environment. I voted doesn’t happen in commerce. You trade I would say. What we were trying to do for NAFTA with Canada because we for the benefit and economic strength was win the cold war. We wanted to de- have relatively the same standard of and the profit of your company. So the feat communism with capitalism. We living. But this total farce that we are Chinese told General Motors: Not only sent over the Marshall Plan, with tech- missing out on agreements all over the do you manufacture that GM auto- nology and expertise, and it worked. countryside is just wrong, wrong, mobile over here, but the most modern Everyone is happy with that. wrong. automobile design plant in the world is

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.005 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3519 in China. And that is as a result of that larly carpetbagging New York in the its manufacturing capacity will cease particular trade agreement that, of Northeast—they are overjumping me to be a world power. course, General Motors made with the into Mexico, into China, into Malaysia, And we wonder why we do not have People’s Republic of China. into India. the influence? The auto parts suppliers are grinding Hewlett-Packard, Motorola, and all They try to transfer it to hate. It is to a halt. They are moving those now. the rest of these big-name companies, not hate. I have traveled. We have all They used to send those down to Mex- the high-tech companies, are not sav- traveled around. They admire and they ico, and we would get the finished prod- ing us. We have to retrain. like Americans in the Arab countries uct—the automobile—back. But you I have another page of the Wash- and everywhere else. You can go into have here a quote from Paul Craig Rob- ington Post, ‘‘Dupont Plans to Cut downtown Baghdad, you can go into erts. Paul Craig Roberts served in the 2,000 Jobs.’’ Some of them, of course, downtown Tehran in Iran right now, Reagan administration. This was an ar- are in South Carolina. Everywhere we and they will come up to you and talk ticle in the Washington Times just the turn, we hear about cutting jobs, and it to you and say glad to see you. Do not other day: is not textiles or low wage jobs. It is give me all that hate stuff. The result is a decline in higher paying high-tech jobs. What is happening is we are losing jobs in the United States as companies move I hope the Finance Committee will our economic clout and our economic higher value-added operations abroad to give me a hearing sometime. I would be strength because we are exporting the take advantage of cheaper labor. delighted to educate that crowd be- jobs faster than we can create them. A recent Cornell University study: cause this is a fix. They have a bunch In the Los Angeles Times, April 2, ‘‘The Impact of U.S.-China Trade Relations of oil people and a bunch of farmers ‘‘High-Paid Jobs Latest U.S. Export,’’ on Workers, Wages and Employment,’’ con- and they could care less, as long as the No. 1 story on the front page of the cludes that U.S. companies shift their pro- they get their depletion allowance and Los Angeles Times. duction to China in order to produce for the their subsidies, and then they come I do not believe they read over in the U.S. market with cheap Chinese labor. The around hollering, ‘‘Protectionism, pro- Finance Committee. They give you all study estimates that a minimum of 760,000 tectionism.’’ of this: We are missing out on agree- U.S. jobs have been lost to China since 1992. Well, that is the fundamental of gov- ments; we have to retrain. ‘‘An increasing percentage of the jobs leav- They sound like Mao Tse Tung: You ing the U.S. are in higher-paying industries ernment. We have the Army to protect producing goods such as bicycles, furniture, us from the enemies without, and the have to go out and re-educate. motors, compressors, generators, fiber op- FBI to protect us from enemies within. Let us try it on for size. I had a plant tics, clocks, injection molding and computer We have laws to protect clean air, close not long ago, Oneida. They made components.’’ The shift in production is so clean water, the environment. We have T-shirts. At the time of their closing, extensive that the U.S. has run a trade def- Medicare to protect us from ill health. they had more than 400 employees. The icit with China in advanced technology We have antitrust laws to protect us average age was 47 years old, and to- goods since 1995. from monopolization and predatory morrow morning we have done it Wash- That is the old wag I was given when practices. We have safety laws to pro- ington’s way. We have retrained. We as Governor of South Carolina I testi- tect us, safe machinery, safe working have more than 400 people who are now fied 42 years ago before the old Inter- places and everything else. skilled computer operators. Is a com- national Tariff Commission. We were I was in the Rotunda on a cold Janu- pany going to hire the 47-year-old com- about to lose so much of our textile in- ary day when President Reagan was puter operator or the 21-year-old com- dustry that 10 percent of the consump- sworn in for his second term. He raised puter operator? You are not taking on tion of clothing textiles in the United his hand to preserve, protect, and de- the health costs for the 47-year-old and States would be represented in im- fend, and everybody clapped. We were above. You are not taking on those re- ports. In looking around the Chamber all overjoyed, and then we came down tirement costs. You are going for the right this minute, two-thirds of the into the Senate Chamber and had to youngster who is just as expert. There clothing I am looking at is imported, 86 listen to a bunch of children running you go, like we do not understand what percent of the shoes. around hollering, ‘‘Protectionism.’’ is going on. Then Tom Dewey, who represented That is the function of government, ‘‘Levi Strauss Closing Most U.S. the Japanese at the hearing and ran me and the security of this Nation. Plants,’’ another article, again in around the hearing room, he said: It is like a three-legged stool. There April. Every time I look around, they ‘‘But, Governor, let them make the is the one leg of the values as a nation, are closing, and what we have, so it is shoes and the clothing. We will make unquestioned. We are admired the understood, is we have an affirmative the airplanes and the computers.’’ world around for America’s stand for action plan to get rid of the jobs. Mind Fast forward to the reality of today. individual rights, freedom, and democ- you me, that is what I say, an affirma- They make the shoes, they make the racy. tive action plan to get rid of the jobs. clothing, they make the airplanes, The second leg is the military. We Why? Well, let me refer to this arti- they make the computers. We have a are the superpower, unquestioned. cle from Business Week. Business deficit in the balance of trade in com- The third leg, economics, that is my Week, in 1999, reported on, of all peo- puters and semiconductors. point. It has been fractured, fractured ple, Mr. Industrial Success, Mr. Indus- High-tech, globalization, you have to intentionally, with this so-called free trialist of All Times, John F. Welch— understand it. Come on. Do not tell trade. We knew we had to sort of Jack Welch. this Senator what globalization is. I do spread the wealth, spread the cap- I ask unanimous consent to have the not want to sound like Vice President italism in order to defeat communism. article printed in the RECORD. Gore, that I invented it, but I did trav- It has worked, now to a counter- There being no objection, the article el 40 years ago to South America and productive point. We will not be in a was ordered to be printed in the Europe as a Governor, soliciting their position to produce foreign aid, we will RECORD as follows: investment. I was looking for jobs. I not be able to defend freedom the world (From Business Week, Dec. 6, 1999) have been in this game for over 40-some around unless we have a strong econ- WELCH’S MARCH TO THE SOUTH years. Today, we have 117 German omy. By Aaron Bernstein plants in little South Carolina. I will never forget Akio Morita of WASHINGTON, Dec. 6.—One of General Elec- I will never forget calling on Sony. We were in Chicago. We had a tric Co. CEO John F. Welch’s favorite Michelin in June of 1960, down in Paris, seminar, and he was talking about phrases is ‘‘squeeze the lemon,’’ or wring out France, and I have now four beautiful Third World nations. He turned and he costs to maintain the company’s stellar prof- plants of the French company. I also said: In the Third World, the emerging its. In the past year, the lemon-squeezing at have the North American wonderful nations, they have to develop a strong GE has been as never before. In a new, superagressive round of cost-cutting, the plant of Bowater. I see that rather than manufacturing capacity in order to be- company is now demanding deep price cuts me trying to move corporations from come a nation state. Then talking from its suppliers. To help them meet the overseas to the United States, which I along, he pointed over, and he said: stiff goals, several of GE’s business units— am still trying to do—or more particu- Senator, that world power that loses including aircraft engines, power systems,

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.011 pfrm12 PsN: S30PT1 S3520 CONGRESSIONAL RECORD — SENATE April 30, 2002 and industrial systems—have been prodding Mexico, India, and other Asian countries. Mr. HOLLINGS. I read: suppliers to move to low-cost Mexico, where Meanwhile, GE’s union workforce has shriv- One of General Electric Co. CEO John F. the industrial giant already employs 30,000 eled by almost two-thirds since the early Welch’s favorite phrases is ‘‘squeeze the people. GE even puts on ‘‘supplier migra- 1980s, as work was relocated to cheaper, non- lemon,’’ or wring out costs to maintain the tion’’ conferences to help them make the union plants in the U.S. and abroad. company’s stellar profits. leap. Welch’s supplier squeeze may accelerate GE’s hard-nosed new push could spark the trend. In his annual pep talk to GE’s top How did you squeeze that lemon? I other companies to emulate its tactics. The managers in Boca Raton, Fla., last January, am thinking now that he is squeezing supplier crackdown is reminiscent of a simi- he again stressed the need to globalize pro- something else. Squeezing that lemon lar attempt by former General Motors Corp. duction to remain cost-competitive, as he in Mexico, he said to all of his suppliers parts czar Jose Ignacio Lopez de Arriortua. had done in prior years. But this time, he two years ago. You have to go down to His efforts largely failed in the face of stiff also insisted that GE prod suppliers to follow Mexico and cut the cost of your par- supplier resistance. But if GE succeeds, other suit. Several business units moved quickly companies could be inclined to try again. GE to do so, with GEAE among the most aggres- ticular supplies, or you will not be a officials at headquarters in Fairfield, Conn., sive. This year, GEAE has held what it calls supplier of General Electric. say the business units are simply carrying ‘‘supplier migration’’ conferences in Cin- When the best of the best blue-chip out Welch’s larger campaign to globalize all cinnati, near the unit’s Evendale (Ohio) corporations of America has an affirm- aspects of the company. Says Rick Kennedy, headquarters, and in Monterey, where an ative action plan to get rid of the jobs a spokesman at GE Aircraft Engines (GEAE): aerospace industrial park is going up. and the industrial security of the ‘‘We’re aggressively asking for double-digit At the meetings, GEAE officials told doz- United States of America, we are really price reductions from our suppliers. We have ens of suppliers that it wants to cut costs up in trouble. How does it occur? It is a to do this if we’re going to be part of GE.’’ to 14%, according to documents about the GE’s efforts to get suppliers to move Monterey meeting at Paoli (Pa.)-based natural thing. abroad come just as World Trade Organiza- Ametek, whose aerospace unit makes air- In manufacturing, 30 percent of vol- tion ministers start gathering in Seattle on craft instruments. The internal report, a ume is in the labor costs. As much as 20 Nov. 30. That timing could help make the GE copy of which BUSINESSES WEEK obtained, percent of sales can be saved by moving moves an issue at the talks, where critics says: ‘‘GE set the tone early and succinctly: offshore to a low-wage country or down will be pointing to just such strategies—and ‘Migrate or be out of business; not a matter to Mexico, India, or China. If you re- the resulting loss of U.S. jobs to low-wage of if, just when. This is not a seminar just to tain your executive office, of course countries—as the inevitable fruit of unregu- provide information. We expect you to move your sales force, but move your manu- lated trade. GE’s 14 unions hope to make an and move quickly.’’’ Says William Burke, example in Seattle of the company’s supplier Ametek’s vice-president for investor rela- facturing offshore, if you have $500 mil- policy, arguing that it’s paving the way for tions: ‘‘GE has made clear its desire that its lion in sales, you can reap a profit of a new wave of job shifts. They plan to send suppliers move to Mexico, and we are evalu- $100 million before taxes. Or you can dozens of members to march with a float at- ating that option. We have a long relation- stay in America, continue to work tacking Welch. PALTRY WAR CHEST. The ship with GE, and we want to preserve it.’’ your own folks, and go broke. That is campaign by GE’s unions, which bargain GEAE officials argue that heightened com- how they look at it. jointly through the Coordinated Bargaining petition leaves them no choice. Jet engines So with the policies we have, they Committee (CBC), is also the opening salvo sell for less than they did four years ago, are not only moving their manufac- of bargaining talks over new labor contracts says Kennedy, the unit’s spokesman. Almost to replace those expiring next June. Because all GEAE’s profits have come from contracts turing, they are moving the executive GE’s unions are weak—fully half of their to maintain engines already sold. And that office to Bermuda. They want the pro- 47,000 members at the company belong to the business is getting tougher, with rivals such tection of the United States of Amer- nearly bankrupt International Union of Elec- as United Technologies Corp.’s Pratt & Whit- ica, but they don’t want to participate tronic workers (IUE)—they’ll have a hard ney laying off thousands of workers to slash in building up that protection. They time mounting a credible strike threat. In- costs. ‘‘This company is going to make its want a free ride. That is why I say, in stead, the CBC is planning a public campaign net income targets, and to do it, we will have the Senate, we are in the hands of the to tar Welch’s image. They plan to focus on to take difficult measures,’’ says Kennedy. likely job losses at GE suppliers. The unions Still, even some suppliers don’t see the Philistines. When my friend Bobby also suspect that GE may move even more Mexico push as justified. They point out that Kennedy really came in to national unionized GE jobs to Mexico and other coun- GEAE’s operating profit has soared by 80% recognition he had published a book tries once it has viable supplier bases in since 1994, to $1.7 billion on sales of $10.3 bil- ‘‘The Enemy Within.’’ He was talking place. ‘‘GE hasn’t moved our jobs to Mexico lion. GE, they argue, is leading the cost cuts. about organized labor. Now I can write yet because our skilled jobs are higher up ‘‘It’s hard to give away 5% or 10% to a com- the book ‘‘The Enemy Within,’’ and I the food chain,’’ says Jeff Crosby, president pany making so much money when most of can talk about management. of IUE Local 201 at GE’s Lynn (Mass.) jet-en- the suppliers are marginally profitable,’’ Who is opposing us in the Senate, gine plant. ‘‘But once they have suppliers says Barry Bucher, the CEO and founder of trying to create jobs, trying to hold to- there, GE can set up shop, too.’’ His members Aerospace International Materials, a $30 mil- from parts supplier Ametek Inc. picketed the lion distributor of specialty metals in Cin- gether the strength of our economy, plant on Nov. 19 to protest GE’s pressure on cinnati. Nonetheless, Bucher says he’s look- trying to maintain our industrial back- Ametek to move to Monterrey, Mexico. ing into a joint venture in Mexico in re- bone? Who opposes this? The Business Although it has never openly criticized sponse to the demands from GE, his top cus- Roundtable, the Conference Board, the Welch before, the AFL–CIO is jumping into tomer. National Association of Manufacturers, the fray this time. Federation officials have The unions, for their part, worry that the Chamber of Commerce, the Na- decided that Welch’s widely admired status GEAE will follow in the footsteps of GE’s ap- tional Federation of Independent Busi- in Corporate America has lent legitimacy to pliance unit. To remain competitive in that a model of business success that they insist low-skilled, low-margin industry, GE Appli- ness, the retailers that make a bigger is built on job and wage cuts. ‘‘Welch is ances has slashed its workforce nearly in profit, newspapers that take the hand- keeping his profit margins high by redistrib- half at its Appliance Park facility in Louis- outs from the retail associations. They uting value from workers to shareholders, ville, to some 7,500 today. Much of the work make the most of their profits in news- which isn’t what U.S. companies should be has been relocated to a joint venture in Mex- papers from retail advertising. So they doing,’’ charges Ron Blackwell, the AFL– ico. Union leaders have tried to stave off fur- put out those things, free trade, free CIO’s director of corporate affairs. Last year, ther job shifts by offering concessions. In trade, fast track, fast track, and here the AFL–CIO proposed a bold plan to spend early November, the company agreed to a some $25 million on a massive new-member comes the whole K Street crowd. $200 million investment in Louisville in ex- I came here 35 years ago on the Com- recruitment drive at GE, but the IUE wasn’t change for productivity improvements and willing to take the risk. So the federation is lump-sum payments instead of wage hikes merce Committee. The very first per- backing the new, less ambitious campaign for its members. ‘‘We hope GE will see this son in the office on trade was a Japa- that focuses on traditional tactics like ral- as a solution they can adopt in jet engines nese representative. No longer now. I lies and protests. STRONG TIDE. GE’s U.S. and elsewhere,’’ says IUE President Edward haven’t seen anyone from Japan in workforce has been shrinking for more than L. Fire. Lord knows when. I am trying to get a decade as Welch has cut costs by shifting Labor’s new campaign may embarrass there to see our Ambassador over production and investment to lower-wage Welsh and even prompt GE to tone down its there, Howard Baker. I respect their countries. Since 1986, the domestic workforce demands on suppliers. But it won’t rebuilt has plunged by nearly 50%, to 163,000, while the union’s clout at the bargaining table the productivity and I have watched as we foreign employment has nearly doubled, to way a serious organizing drive might have cry babied along. We never did open up 130,000. Some of this came from businesses done. Until that happens, Welch probably their market. It was always a one-way GE sold, but also from rapid expansion in has little to fear from his restive unions. street.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.006 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3521 In fact, the Japanese got to the posi- con with respect to a particular trade send them to war in a Chinese uniform tion of saying, wait a minute, we are measure. As I say, I voted for Vietnam; and Gucci shoes. You have to have the not going to buy your bonds if that is I voted for Jordan; I voted for NAFTA clothing. You have to have the uni- what you want to do in trade. We found with Canada. It is protecting not only forms. So you have to have that meas- out long since that the Secretary of your economy and your industrial ure because it is important to our na- the Treasury really is trying to sell, as strength but your standard of living. tional security. in the morning headlines, which says Incidentally, on the one hand, you We have to maintain a modicum of we have a deficit, so he is trying to can certainly bar child employment, textile manufacturing. We certainly issue $1 billion in bonds, borrowing $1 children and youth production. But have to maintain the ability to produce billion. We have had the Japanese jug- you are not going to get Mexico to pass steel. We have to retain these other in- gle our trade policy. environmental laws we have. Or the dustries—electronics, with respect to But more than anything else, we labor laws. They have that advantage. watch-making, and fine tooling, and have the arrogance now of the U.S. In China, in India, in Malaysia, the hand tools, and computers. We have to Chamber of Commerce. I speak ad- competition can keep on whistling retain some production of semiconduc- visedly of that body. Ten years ago I ‘‘Dixie,’’ keep talking. It will not hap- tors and the like. was their man. I was the Man of the pen. It is not going to happen, and you In doing that, let’s correlate, if you Year of the U.S. Chamber of Com- can’t blame them. If you were running please, our 28 agencies and depart- merce, if I quote correctly, Robert the country of China, you would do the ments into one department of trade Thompson, who was the national presi- same thing. You wouldn’t run around and commerce. We are all over the lot. dent. He had me going around making and say we have to get with the Ameri- It is our fault. We have to begin to en- talks and everything else because I had cans and level the playing field, and force our trade laws against dumping. a standoff with my good friend Russell put in these labor reforms, and put in We can’t let Wal-Mart sell below cost. Long of Louisiana. We had labor law these environmental requirements be- They would be in trouble. We would get reform. On eight votes, up and down for cause we want to be seen as being fair. them for antitrust, Robinson-Patman cloture, I won and prevailed. It is just absolute nonsense. violations, and we would send them to I don’t come here as an enemy of Madam President, what happens is the hoosegow. In international trade business. I know way more in experi- Republican and Democrat Senators that happened in steel. Bob McNamara ence, I should say, about getting jobs unanimously support these require- went running the world around saying and creating jobs, instituting technical ments before you open up Carnahan to the Third World countries that in training, imparting the tools, high Manufacturing. Think about it. Before order to be a nation state, you have to tech, and globalization than most be- you open your manufacturing plant, have steel for the tools of agriculture cause I have been in the game. I am a you are going to have to have min- and the weapons of war. So they had 2- friend of business, but I am a greater imum wage, clean air, clean water, So- percent steel plants built all over Latin friend of the United States. I hate to cial Security, Medicare, Medicaid, America and the Middle East. see my country go to pot with this plant closing notice, parental leave, I have been into that game. Yes, the childish nonsense of free trade. We are safe working place, safe machinery, President was correct in moving on missing out on agreements. Since antitrust provisions. And everything steel because they are dumping steel. I NAFTA, I have lost 53,900 textile jobs else of that kind. see it. My office is in Charleston, SC. I alone. My friend, the Senator from You can go down to Mexico and pay can look on the dock and see all of this North Carolina, Mr. HELMS, lost 124,000; 90 cents an hour and have none of those Brazilian steel coming in at less than 27,000 have been lost by the Senator requirements. cost, putting out of business, 25 miles from Mississippi. I don’t know whether In order to compete, is it the case we away, Nucor, the most productive of all he is with us or not. are going to go back and retrench on steel plants in the world. This is what the Chamber of Com- this high standard of living? No; not at Please, spare me from the idea of pro- merce, Tom Donohue, says, and he all. That will never happen. But we will ductivity. If you go to the inter- knows nothing about trade. In yester- have to maintain a balance with re- national section of the United Nations, day’s National Journal’s Congress spect to the economic strength. We if you go to the Labor Department, De- Daily, I quote Tom Donohue, the presi- have to maintain our steel production. partment of Vital Statistics or other- dent of the U.S. Chamber of Commerce. I will never forget, in 1961, before we wise, you will find they will agree the He said the Chamber would not accept got President Kennedy to enunciate his world around, the most productive in- a bill weighted down by amendments seven-point textile program, under the dustrial worker is the U.S. industrial that exceed the average man or wom- law—and, incidentally it is the law worker. We keep nagging: We have to an’s sense of what is appropriate for today—that before the President can get productivity up. My steel plant is the bill. We will kill it and the people take executive action unilaterally on a the most productive in the world, and who loaded it up will pay a political trade measure, he must prove that they are dumping steel at less than price. Donohue also said that the busi- product is important to the national cost and criticize the President for ness community has been patient and security of the United States. At that moving on this particular score. He supportive through the political proc- time we corralled five Cabinet mem- ess to get the trade authority bill be- was right. He is right. We have to bers—one sub-Cabinet of the five, fore the Senate, but there will be dire maintain that. George Ball, because Dean Rusk was We have to get a value-added tax to consequences if the bill collapsed under too busy, from the Department of pay for this war on terrorism that is partisan politics. State; Luther Hodges, Secretary of costing the country and offset the 17- I know of many manufacturing companies Commerce; Orville Freeman, the Sec- that will move their operations offshore. I percent value added tax advantage. For brought that message home to specific legis- retary of Agriculture; Douglas Dillon, example, in Europe where it is rebated, lators about firms and their States and dis- the Secretary of the Treasury, was it is costing us a 17-percent differential tricts. there; and the Secretary of Labor, Ar- in trade right there. That is a threat from the U.S. Cham- thur Goldberg. Enforce our dumping laws, but please ber of Commerce. They had hearings and we brought do not say you have to get more pro- Tell him to wake up. He headed the the witnesses. They made a finding, ductive. What is not producing is not Trucking Association when Jack Welch and the record is still there, that sec- the industrial worker in the United was putting in his affirmative action ond to steel, textiles was the most im- States, it is the U.S. Congress. We plan to get rid of the jobs and move to portant to our national security. The haven’t produced. We have been run- Mexico. Donohue now will warn you wag at the time was you cannot send ning around like lemmings: Free trade, they will move. Everybody knows this them to war in a Japanese uniform— free trade, fast track, fast track—hav- has been going on for 10 years. We are because they were bringing in all those ing no idea in the Lord’s world what we going out of business. textiles. The Japanese don’t fool with are doing; whereas we are exporting I wanted to bring that story home in textiles anymore. They have gone high- jobs faster than we can create them. this debate, not asking to vote pro or tech. Now you would say you wouldn’t My time is up. I yield the floor.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.014 pfrm12 PsN: S30PT1 S3522 CONGRESSIONAL RECORD — SENATE April 30, 2002 Mr. REID. Madam President, we are, lowing the two parties’ caucuses this Davis languished before the Committee in a minute or 2, going to turn to two afternoon there will be two rollcall for 868 days without a hearing, not- judicial nominations. We have had a votes on judicial nominees? withstanding the strong support of number of Senators wishing to speak The PRESIDING OFFICER. The Sen- Senator SPECTER. But he was unable to on the motion now before the Senate, ator is correct. get the support he needed for him to go so I ask unanimous consent that when Mr. LEAHY. Madam President, I will through. the votes are completed this afternoon speak about that, but, first, I com- This year we have moved expedi- on the two judges, the Senator from pliment the distinguished Presiding Of- tiously to consider Judge Davis. Judge Texas, Mrs. HUTCHISON, be recognized ficer and her colleague from New York Davis was nominated by President for up to 15 minutes; following her re- for their invaluable help behind the Bush in late January 2002 and he re- marks, Senator WELLSTONE be recog- scenes as we were fighting for the farm ceived a unanimous vote by the Judici- nized for up to 1 hour; following that bill. As a result, the dairy farmers in ary Committee on April 11th—fewer hour, someone designated by the Re- my State of Vermont and in her State than three months after his nomina- publican leader would speak for 1 hour; of New York are better off. I thank tion and less than one month after his and following that, Senator BAUCUS, both Senator CLINTON and Senator paperwork was completed. The saga of chairman of the Finance Committee, SCHUMER for their help in that regard. Judge Davis recalls for us so many would be recognized for 1 hour. With today’s votes, the number of nominees from the period January 1995 The majority leader wanted to have a federal judges confirmed since the through July 10, 2001, who never re- vote on this tonight with the consent change in Senate majority fewer than ceived a hearing or a vote and who of Senator HOLLINGS and others, but it 10 months ago now exceeds 50 and to- were the subject of secret anonymous appears now there are a significant tals 52. Under Democratic leadership, holds by Republicans for reasons that number of people who want to speak so the Senate has confirmed more judges were never explained. Judge Davis was that will probably necessitate carrying in fewer than 10 months than were con- a nominee held up for almost three the vote over until tomorrow. I have firmed by the Republican-controlled years and when the Senate was finally not checked with the leader on that for Senate in the 1996 and 1997 sessions allowed to vote on his nomination, he sure. combined. We have accomplished in was confirmed by a vote of 94 to 0. less than one year what our prede- I propound the request for the speak- Judge Rufe and Mr. Baylson help fill cessors and critics took two years to ers who have been lined up. I have vacancies on the Pennsylvania District checked this out with the minority. do. The number of judicial confirmations Courts that existed long before the ma- The PRESIDING OFFICER. Without jority shifted last summer. One of the objection, it is so ordered. over these past 10 months—52—exceeds the number confirmed in four out of six two vacancies has existed since Decem- Mr. REID. Madam President, what is ber 31, 1998. Despite the fact that Presi- now the business before the Senate? full years under Republican leadership, during all 12 months of 2000, 1999, 1997 dent Clinton nominated David f and 1996. And we are ahead of the pace Fineman to fill this judicial vacancy, EXECUTIVE SESSION for all the years of Republican control. Mr. Fineman never received a hearing It exceeds the number of confirmations and his nomination was returned to the in the first year of the Reagan Admin- President without action at the end of NOMINATION OF MICHAEL M. istration by a Republican Senate ma- 2000. In contrast, we have moved expe- BAYLSON, OF PENNSYLVANIA, jority. It is almost double the number ditiously, as with Judge Davis, to con- TO BE UNITED STATES DISTRICT of confirmations in the first year of the sider Judge Rufe and Mr. Baylson. JUDGE FOR THE EASTERN DIS- Clinton Administration by a Demo- Both nominees were nominated by TRICT OF PENNSYLVANIA cratic Senate majority. And it is more President Bush in January, received a than triple the number of judges con- hearing within days of their files being firmed for the George H.W. Bush Ad- complete, and are being confirmed ap- NOMINATION OF CYNTHIA M. ministration by a Senate of the other proximately three months after their RUFE, OF PENNSYLVANIA, TO BE party. nominations. Both nominees have been UNITED STATES DISTRICT The confirmation of Judge Rufe and practicing law for more than 25 years JUDGE FOR THE EASTERN DIS- Mr. Baylson today illustrates the and have a distinguished history of TRICT OF PENNSYLVANIA progress being made under Democratic public service. The PRESIDING OFFICER (Mrs. leadership, and the fair and expeditious As our action today demonstrates, CLINTON). Under the previous order, the way in which we have considered nomi- again, we are moving at a fast pace to Senate will now go to executive session nees. With today’s confirmations, we fill judicial vacancies with nominees to proceed to the consideration of Ex- will have confirmed three district who have strong bipartisan support. I ecutive Calendar Nos. 778 and 779. court judges to the Eastern District of have a chart—I always have a chart, The Senator from Nevada. Pennsylvania in fewer than four Madam President—and it dem- Mr. REID. Madam President, the two months. On April 18th, the Senate con- onstrates, that we are moving at a fast managers, Senators LEAHY and HATCH, firmed, by a vote of 94 to zero, Judge pace to fill judicial vacancies, espe- are not here. I therefore ask unani- Legrome Davis to the U.S. District cially with those nominees who have mous consent that during the quorum Court for the Eastern District of Penn- strong bipartisan support. call I will suggest in just a minute the sylvania. Judge Legrome Davis was Partisan critics of these accomplish- time be charged—equally against the first nominated to the position of U.S. ments ignore the facts. The facts are two managers—on the motion. District Court Judge for the Eastern that we are confirming President The PRESIDING OFFICER. Without District of Pennsylvania by President Bush’s nominees at a faster pace than objection, it is so ordered. Clinton on July 30, 1998. The Repub- the nominees of prior presidents, in- Mr. REID. I suggest the absence of a lican-controlled Senate took no action cluding those who worked closely with quorum. on his nomination and it was returned a Senate majority of the same political The PRESIDING OFFICER. The to the President at the end of 1998. On party. I again point out these are clerk will call the roll. January 26, 1999, President Clinton re- nominees who, by and large, are Repub- The legislative clerk proceeded to nominated Judge Davis for the same licans, by and large, are conservative call the roll. vacancy. The Senate again failed to Republicans, but, by and large, have bi- Mr. LEAHY. Madam President, I ask hold a hearing for Judge Davis and his partisan support. unanimous consent the order for the nomination was returned to the Presi- As long as I am Chairman of the Sen- quorum call be rescinded. dent on December 15, 2000, after two ate Judiciary Committee, I will do ev- The PRESIDING OFFICER. Without more years of inaction in a second full erything possible to protect the integ- objection, it is so ordered. Congress while the Senate was con- rity and the independence of the Fed- Mr. LEAHY. Madam President, is the trolled by a Republican majority. eral judiciary. I will not support an ef- Senator from Vermont correct that fol- Under Republican leadership, Judge fort by any President—Republican or

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.017 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3523 Democrat—to hang a sign on the court- confirmations as George W. Bush’s fa- ment of the Senate under a Democratic house door saying: only people of a cer- ther had over a longer period—27 nomi- majority. tain political persuasion can have a nees in 15 months—than the period we The Republican attack is based on fair hearing before those judges. I do have been in the majority in the Sen- the unfounded notion that the Senate not want the American public to look ate. has not kept up with attrition on the at a court and say: I am eligible to I suspect the reason you hear so District Courts and the Courts of Ap- have my case heard in that court, but many complaints from the Republican peals. Well, the Democratic majority only if I am a very conservative Repub- side is that they are hoping people will in the Senate has not only been keep- lican or I am a very liberal Democrat not look at the facts, that they are ing up with attrition but outpacing it, or if I am White or if I am Black or if hoping the people will not remember and we have started to move the vacan- I am poor or if I am rich. That is not what they did to President Clinton. cies numbers in the right direction— the way it should be. They do not want to have to admit down. By contrast, from January 1995 The distinguished Presiding Officer is what is an irrefutable fact, that the when the Republican majority took a lawyer, and she knows that the Fed- Democratic-controlled Senate is treat- over control of the Senate until they eral courts are supposed to be our bul- ing President George W. Bush far bet- relinquished control in June 2001, fed- wark of independence. It is one of the ter than a Republican-controlled Sen- eral judicial vacancies rose by 65 per- first things you learn in law school: ate treated President William Jeffer- cent, from 63 to 105. The Federal court is a place you go son Clinton. The Republican majority assumed where not only is justice supposed to And, frankly, I get a little bit weary control of judicial confirmations in be colorblind, it is supposed to be po- of the misstatements, I get a little bit January 1995 and did not allow the Ju- litically blind. And I do not believe I weary of having members of my com- diciary Committee to be reorganized am fulfilling my constitutional obliga- mittee attacked for their patriotism or after the shift in majority last summer tions in the Senate if I vote for nomi- for their religion by those who feel we until July 10, 2001. When I became nees who are put in for a specific pur- are not automatically rubberstamping Chairman of a Committee to which pose, to give an ideological slant of ei- the President’s nominees. The Con- Members were finally assigned on July ther the right or the left to the Federal stitution says: advise and consent. It 10, we began with 110 judicial vacan- courts. does not say: rubberstamp. cies. With today’s confirmation of I want everyone to know that, when But I have also been here with six Judge Rufe and Mr. Baylson, we have they come to a Federal court, it will Presidents. I have had the same posi- reduced the overall number of judicial make no difference whether they are tion with Republican Presidents and vacancies to 88 and the number of dis- Republican or Democrat or rich or Democratic Presidents. I will not vote trict court vacancies to 58. Already, in poor. No matter what their color, no for anybody who is going to diminish fewer than 10 months in the majority, matter what their religion, no matter the independence of the Federal judici- we more than kept up with attrition what their age, no matter what their ary. and begun to close the judicial vacan- background, they should know they are In fact the Republican critics, be- cies gap that nearly doubled under the going to be treated the same. cause they do not want to admit the Republican majority. Under Demo- The judges that we have confirmed, fact that we are moving much faster cratic leadership, we have reduced the as shown on this chart, passed that than they did with a Democratic Presi- number of district court vacancies by test. That is why both Republicans and dent, typically compare apples to or- almost 25 percent and the overall num- Democrats have voted for them. anges to mischaracterize the achieve- ber of judicial vacancies by 20 percent, Now, in fact, I should point out that ments of the last 10 months. to below 90. the rate of confirmation in the past 10 They complain that we have not done I happen to have a chart that shows months actually exceeds the rates of 24 months of work in the fewer than 10 what we have been doing. We see the confirmation in the past three Presi- months we have been in the majority. trend under the Republican majority dencies. The PRESIDING OFFICER. The Sen- going up, and then we see the trend For example, in the first 15 months of ator’s time has expired. under the Democratic majority and the Clinton administration, 46 judicial Mr. LEAHY. Madam President, I see how we have brought the vacancy num- nominees were confirmed, a pace on av- nobody seeking recognition. I ask ber down. erage of 3.1 per month. In the first 15 unanimous consent to be able to con- The Democratic majority in the Sen- months of the first Bush administra- tinue for at least 1 minute after some- ate has also kept up with attrition on tion, judges were confirmed at a pace body else seeks recognition. the Courts of Appeals and been acting of 1.8 judges per month. The PRESIDING OFFICER. Without to close the vacancies gap on the Even in the first 15 months of the objection, it is so ordered. Courts of Appeals that more than dou- Reagan Administration, when a Mr. LEAHY. Ironically, with today’s bled under the Republican majority. staunchly Republican majority in the confirmations, we even meet that un- Vacancies on the Courts of Appeals Senate was working closely with a Re- fair standard: Within the last 10 rose from 16 to 33 in the period January publican President, 54 judges were con- months we have confirmed about as 1995 to July 2001, before the Senate was firmed, a pace of 3.6 per month. In many judges—52—as were confirmed by allowed to reorganize after the shift in fewer than 10 months since the shift to the Republican majority in the entire majority last summer. a Democratic majority in the Senate, 1996 congressional session and in all of In the fewer than 10 months since the President George W. Bush’s judicial 1997 combined. We are now meeting change in majority, the Senate has nominees have been confirmed at a their two-year figures is less than 10 confirmed nine judges to the Courts of rate of more than 5.2 judges per month, months. Oh, and if you were wondering Appeals and more than kept up with a faster pace than for any of the past 3 about Court of Appeals judges con- the five vacancies that had arisen since Presidents. firmed in the 1996 and 1997 sessions July. In contrast, the Republican-con- During the six and one-half years of combined—their total was 7. We have trolled majority averaged only seven Republican control of the Senate, judi- already confirmed 9 in fewer than 10 confirmations to the Courts of Appeals cial confirmations averaged 38 per year months. per year. Seven. This is what is some- a pace of consideration and confirma- A fair examination of the rate of con- what distressing. I suppose they think tion that we have already exceeded firmation shows that Democrats are if they keep saying it enough, the pub- under Democratic leadership over working harder and faster on judicial lic will be fooled and the press will be these past 10 months in spite of all of nominees, confirming judges at a faster fooled. I am willing to bet ultimately the challenges facing Congress and the pace than the rates of the past 20 years. neither will. Nation during this period and all of the The double standards asserted by Re- In the fewer than 10 months the obstacles Republicans have placed in publican critics are just plain wrong Democrats have been in the majority, our path. As of today, we have con- and unfair, but that does not seem to we have already exceeded the annual firmed 52 judicial nominees in just 10 matter to Republicans intent on criti- number of Court of Appeals judges con- months. This is almost twice as many cizing and belittling every achieve- firmed by our predecessors. The Senate

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.026 pfrm12 PsN: S30PT1 S3524 CONGRESSIONAL RECORD — SENATE April 30, 2002 in the last 10 months has confirmed as Republican control of nominations State Senators’ blue slips public for many Court of Appeals judges as were they held only 10 hearings and con- the first time. confirmed in all of 2000 and more than firmed only 36 judges. We have held I do not mean by my comments to were confirmed in 1997 or 1999, and nine more hearings on judges than the Re- appear critical of Senator HATCH. Many more than the zero from 1996. Another publican majority held in any year of times during the six and one-half years way to put it is that within the last 10 its control of the Senate. The Repub- he chaired the Judiciary Committee, I months, the Democratic majority in lican majority never held 17 judicial observed that, were the matter left up the Senate has confirmed as many confirmation hearings in 12 months. to us, we would have made more Court of Appeals judges as were con- Indeed, one-sixth of President Clin- progress on more judicial nominees. I firmed in the 2000 and 1996 sessions ton’s judicial nominees—more than thanked him during those years for his combined and confirmed more Court of 50—never got a Committee hearing and efforts. I know that he would have Appeals judges than were confirmed in Committee vote from the Republican liked to have been able to do more and the 1999 and 1996 sessions combined or majority, which perpetuated long- not have to leave so many vacancies in the 1997 and 1996 sessions combined. standing vacancies into this year. and so many nominees without action. Simply put, in fewer than 10 months we Despite the new-found concern from I hope to hold additional hearings have already exceeded the number of across the aisle about the number of and make additional progress on judi- Court of Appeals judges confirmed by a judicial vacancies, no nominations cial nominees. In our efforts to address Republican majority in four of the six hearings were held while the Repub- the number of vacancies on the circuit years in which they were in control. No licans controlled the Senate in the and district courts we inherited from matter what standard you use, we are 107th Congress last year. No judges the Republicans, the Committee has fo- moving very fast. were confirmed during that time from cused on consensus nominees for all Under Republican leadership from among the many qualified circuit court Senators. In order to respond to what 1995 through July 10, 2001, vacancies on nominees received by the Senate on Vice President CHENEY and Senator the Courts of Appeals increased from 16 January 3, 2001, or from among the HATCH now call a vacancy crisis, the to 33, more than doubling. nominations received by the Senate on Committee has focused on consensus When I became chairman of a Com- May 9, 2001. nominees. This will help end the crisis mittee to which Members were finally The Democratic leadership acted caused by Republican delay and ob- assigned on July 10, we began with 33 promptly to address the number of dis- struction by confirming as many of the Courts of Appeals vacancies. That is trict and circuit vacancies that had President’s judicial nominees as quick- what I inherited. Since the shift in ma- been allowed to grow when the Senate ly as possible. jority last summer, five additional va- was in Republican control. The Judici- Most Senators understand that the cancies have arisen on the Courts of ary Committee noticed the first hear- more controversial nominees require Appeals around the country. With last ing on judicial nominations within 10 greater review. This process of careful week’s confirmation of Judge Howard, minutes of the reorganization of the review is part of our democratic proc- we have reduced the number of circuit Senate and held that hearing on the ess. It is a critical part of the checks court vacancies to 29. That is, we have day after the Committee was assigned and balances of our system of govern- kept up with attrition by confirming new members. ment that does not give the power to five Court of Appeals judges and then That initial hearing included two make lifetime appointments to one acted to lower the number of vacancies District Court nominees and a Court of person alone to remake the courts by confirming four additional judges. Appeals nominee on whom the Repub- along narrow ideological lines, to pack Those are the facts. Since our Repub- lican majority had refused to hold a the courts with judges whose views are lican critics are so fond of using per- hearing the year before. Within two outside of the mainstream of legal centages, I will say that we will have weeks of the first hearing, we held a thought, and whose decisions would now reduced the vacancies on the second hearing on judicial nominations further divide our nation. Courts of Appeals by more than 12 per- that included another Court of Appeals Some on the other side of the aisle cent in the last 10 months. nominee. I did try to schedule some have falsely charged that if a nominee Rather than the 38 vacancies that District Court nominees for that hear- has a record as a conservative Repub- would exist if we were making no ing, but none of the files of the seven lican, he will not be considered by the progress, as some have asserted, there District Court nominees pending before Committee. That is simply untrue. The are now 29 vacancies—that is more the Committee was complete. Simi- next time Republican critics are ban- than keeping up with the attrition on larly, in the unprecedented hearings we dying around charges that the Demo- the Circuit Courts. Republican critics held for judicial nominees during the cratic majority has failed to consider unfairly seek to attribute to the Demo- August recess, we attempted to sched- conservative judicial nominees, I hope cratic majority the lack of action by ule additional District Court nominees someone will ask those critics about the Republican majority before the his- but we could not do so if their paper- all the Federalist Society members we toric change last summer. work was not complete. Had we had co- have confirmed and the Republican ac- While the Republican Senate major- operation from the Republican major- tivists we have confirmed without a ity increased vacancies on the Courts ity and the White House in our efforts, single dissenting vote. I do not believe of Appeals by over 100 percent, it has we could have held even more hearings that President Bush is nominating lib- taken the Democratic majority fewer for more District Court nominees. Nev- erals and neither does the White House. than 10 months to reverse that trend, ertheless, in fewer than 10 tumultuous The Committee continues to try to keep up with extraordinary turnover months, the Committee has held 17 accommodate Senators from both sides and, in addition, reduce circuit court hearings involving 61 judicial nomina- of the aisle. The Court of Appeals vacancies overall. This is progress. tions. nominees included at hearings so far Rather than having the circuit va- The Senate Judiciary Committee is this year have been at the request of cancy numbers skyrocketing, as they holding regular hearings on judicial Senator GRASSLEY, Senator LOTT, Sen- did overall during the prior six and nominees and giving nominees a vote ator SPECTER, Senator ENZI, Senator one-half years—more than doubling in Committee, in contrast to the prac- SMITH, and Senator THOMPSON—six Re- from 16 to 33—the Democratic-led Sen- tice of anonymous holds and other ob- publican Senators who each sought a ate has reversed that trend. The vacan- structionist tactics employed by some prompt hearing on a Court of Appeals cies numbers are moving in the right during the period of Republican con- nominee who was not among those ini- direction down. trol. The Democratic majority has re- tially sent to the Senate in May 2001. Overall, in fewer than 10 months, the formed the process and practices used I tried to accommodate them. They Senate Judiciary Committee has held in the past to deny Committee consid- asked if we could move their nominees 17 hearings involving 61 judicial nomi- eration of judicial nominees. We have ahead in the queue. We did. We heard nations. With today’s actions, we will moved away from the anonymous holds them. We confirmed them. But know- have confirmed 52 of those nominees. that so dominated the process from ing that no good deed goes unpunished, By contrast, in the first 10 months of 1996 through 2000. We have made home having moved nominees at the request

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.027 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3525 of Republican Senators, moved theirs They will not acknowledge that the such large sums of money in Colombia ahead of others, the same Republican Democratic majority has moved faster seems to change frequently—from Senators signed letters saying: It is on more judges than they ever did. fighting an insurgency to combating terrible we are not moving them in That will not acknowledge that we terrorism to protecting democracy to order. have been working at a record pace to reducing the flow of drugs. Before we I have tried to accommodate them as seek to solve the problems they cre- spend even more money down there, I much as I could. We would be moving a ated. hope the administration will articulate lot slower if we were going exactly in We will keep on working. I am sure I a clear plan, look carefully at the bil- order. What we are trying to do is get will keep on listening to the partisan lions we have spent with little to show those nominees on whom there is some sniping, but we will keep moving faster for it, and understand Colombia’s need consensus through first. That will put than they ever did when they were in to take more responsibility for their as many judges on the bench as pos- charge. own problem. sible. I remind everybody that this Senator Colombia should not be blamed for I ask my colleagues, please, try to at would never vote for a nominee whose America’s drug problem. Even if no co- least wait more than a week after I sole purpose in being there is to de- caine or heroin came here from Colom- have accommodated you in moving tract from the independence of the bia, illegal drugs would still come into your judge up for a hearing and getting Federal judiciary and, instead, is in- this country. As long as Americans them confirmed before you send out a tending to make the Federal judiciary spend billions on illegal drugs, some- letter saying: Why aren’t you con- ideologically pure one way or the body else is going to supply it. firming more judges? I don’t want to other—and I don’t care which way it In many ways Colombia fits into embarrass Senators by having a chart goes; I will not vote for such a person. larger issues about our foreign assist- showing some of the letters and some I want people to know that if any ance programs. I think it is time for us of the statements they have made ask- Vermonter or anybody from any State to re-examine the way foreign aid is ing me to take their judges out of goes into a Federal court, they are being used. During the cold war, we order, and then putting them side by going to have a fair hearing, and they would give foreign aid to countries side with their letters criticizing me will not be judged based on political simply because they claimed to be for taking judges out of order. I am not party or political ideology. Whether anti-Soviet Union. It didn’t make any going to do that, although I get sorely they are plaintiff or defendant, wheth- difference how it was used. After the tempted. er they are Government or defendant, Cold War, we starting giving money, I am also sorely tempted because the or whether they are rich or poor, they while paying little attention to human problems we are talking about arose on should be treated the same. rights violations by foreign militaries a Republican watch, while they were in Each of the 52 nominees confirmed by or security forces, to nations that the majority. It reminds me a little bit the Senate has received the unani- would say that they would help fight of an arsonist we had in Vermont when mous, bipartisan backing of the Com- drug trafficking. Today, I am worried I was a prosecutor. There was a fellow mittee. The confirmations of Judge who used to complain that the fire de- that we are starting down a road where Rufe and Mr. Baylson make the 51st we give all sorts of assistance to gov- partment wasn’t responding fast and 52nd judicial nominees to be con- enough. He was setting the fires. He ernments that claim to be firmed since I became Chairman last was the one setting the fires. Rest his antiterrorist, irrespective of their com- July. I would like to commend the soul, he is no longer with us, but he mitment to democracy, human rights, members of the Judiciary Committee used to complain they weren’t respond- or economic reform. and our Majority Leader Senator ing fast enough, and he was the one I have said over and over again that DASCHLE and Assistant Majority Lead- setting the fires. we should increase foreign assistance The whipsawing by the other side is er Senator REID for all of their hard to many areas of the world. We have truly remarkable. When we proceed on work in getting us to this point. moral and strategic reasons for doing The confirmation of the 52nd judge in nominees that they support and on that. But we ought to at least stand for fewer than 10 months, especially these whom they seek action, we are criti- something when we provide this assist- last 10 months, in spite of the unfair cized for not acting on others. When we ance. We can deliver a strong message and personal criticism to which they direct our effort to trying to solve that, while we don’t expect an absolute problems in one Circuit, they complain have each been subjected, is an ex- replication of our form of government, that we are not acting in another. traordinary achievement and a real ex- we do expect you to respect human I imagine that over the next 10 days ample of Democratic Senators acting rights and other basic American values we will be hearing a refrain about the in a bipartisan way even some on the if you use our tax dollars. most controversial of President Bush’s other side have continued to make our There is no reason that countries nominees who have not yet partici- efforts toward progress as difficult as cannot respect these values and use pated in a hearing. Some of them do possible. foreign aid effectively—these things go not have the necessary home-state U.S. POLICY TOWARD COLOMBIA hand and hand. We have had some won- Senator support needed to proceed. Mr. LEAHY. Madam President, I derful successes where we have done Some will take a great deal of time and want to turn to another important both. We have had some colossal disas- effort for the Committee to consider. I topic—the situation in Colombia. Two ters where we have not. hope to be able to do something else weeks ago, Colombia’s President, An- Madam President, I have known Co- that our Republican counterparts dres Pastrana, was in Washington for lombia’s President Pastrana for several never did, which is to announce some what may have been his last official years, and consider him a friend. He scheduling decisions well in advance of visit before the elections in May to has worked diligently for peace, often hearings to come over the next several choose his successor. He cannot run at great personal risk, and while he ul- months. again under Colombia’s Constitution. timately was unable to obtain the But I do find it amazing that in spite While I am sorry to see him leave, I am peace agreement with the guerrillas of all we have done, all we are doing, proud that he is departing through a that he so deeply wanted, his adminis- and the fact that judges are moving democratic transfer of power, con- tration will be remembered for other much faster than they did in the past 6 firming, once again, his commitment achievements. Today, thanks to his ef- years, our partisan critics will act as if to democracy in Colombia. I respect forts and those of Colombia’s fine Am- we have not held a single hearing on a President Pastrana. I admire his at- bassador, Luis Moreno, Colombia’s re- single judicial nominee. They will not tempts to bring peace to Colombia and lations with the United States, which acknowledge their role in creating his successes in improving relations be- had suffered under previous Colombian what they now call a judicial vacancies tween our two nations. administrations, are strong and based crisis. They will not apologize for their I do, however, have concerns about on mutual respect. harsh tactics in the six and one-half the administration’s request for more I want to thank President Pastrana years that preceded the shift in major- assistance to Colombia. The reason we for his friendship, for the dignity that ity. are given as to why we are spending he restored to the presidency, for his

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.029 pfrm12 PsN: S30PT1 S3526 CONGRESSIONAL RECORD — SENATE April 30, 2002 dedication to his people. Although we tion in the flow of illegal drugs into responsible for a large share of tar- did not always agree about U.S. policy the U.S., and virtually no one in the geted assassinations and gruesome at- toward Colombia, President Pastrana Administration thinks there will be. tacks against unarmed civilians. Like always treated me with respect and Second, while aerial spraying may at the guerrillas, the paramilitaries are warmth. I am grateful to him, and wish some point reduce the coca crop, there deeply involved in drug trafficking. him the best in the future. While I re- is vast territory ripe for future cultiva- Continued U.S. aid to the Colombian gret that I was unable to travel to his tion and a huge U.S. demand for drugs. military must be tied to accountability country during his term of office, I am Serious questions have been raised for abuses and to aggressively fighting determined to do so and look forward about the health and environmental the paramilitaries, particularly the to visiting him there when I do. impact of the spraying which need to United Self-Defense Forces of Colombia The issue of U.S. policy toward Co- be satisfactorily answered if this pro- (‘‘AUC’’). lombia is the subject of considerable gram is to continue. Manual eradi- Sixth, President Pastrana’s brave ef- concern in Washington, both because of cation, as was done in Bolivia and forts to negotiate peace, cynically President Pastrana’s recent visit, and Peru, should be reconsidered, and we spurned by the guerrillas, have col- because of President Bush’s supple- should target the large growers, drug lapsed. The violence has intensified mental appropriations request, which labs and traffickers. Moreover, any of and the guerrillas, especially the Revo- proposes to shift the focus of our as- these eradication efforts will ulti- lutionary Armed Forces of Colombia sistance program in Colombia from mately fail without economic alter- (‘‘FARC’’), have sharply escalated counter-narcotics to counter-ter- natives for those displaced by coca kidnappings, assassinations and other rorism. eradication. terrorist acts. They are unlikely to be I am of mixed minds about this pro- Third, U.S.-funded economic pro- able to defeat the Colombian military, posal, and want to take a moment to grams have produced little in the way but they can lay siege to cities by cut- discuss some of my concerns. of viable alternatives. It is dangerous ting off water and power supplies. Co- Before we rush to bring the war and difficult to implement these pro- lombia’s generals are now asking the against international terrorism to Co- grams in conflict zones where coca is U.S. for aid to fight the war. Americans need to understand that lombia’s jungle as the Administration grown. The Colombian Government has Colombia is really two ‘‘countries,’’ and some in Congress now urge, we not invested enough of its own money which is at the heart of its problems. in these areas, and however much it would do well to understand that coun- The thinly populated, impoverished try’s feudal history. We should also re- has invested has produced few tangible eastern half, which the government has view what has been done with the near- results. Nor has it done enough to re- ignored for generations, is mired in the ly $2 billion we have appropriated for form its sagging economy. This needs 19th Century, while the sophisticated, Colombia in the past two years. to be a partnership, and our support for urban west is edging toward the 21st. ‘‘Plan Colombia,’’ devised by the alternative income programs should There are deeply rooted social, eco- Clinton Administration and the Colom- focus where the needs are greatest and nomic and political reasons why Latin bian Government to counter the flour- programs can be sustained. America’s oldest conflict is no closer to ishing trade in cocaine from Colombia Fourth, senior military officers im- resolution, and why drug money, cor- to the United States, called for $7.5 bil- plicated in the murders of civilians, or ruption and lawlessness permeate Co- lion. Colombia was to contribute $4 bil- who abet paramilitary violence and lombian society. These problems, lion, and, were told at the time, the drug trafficking, have not been jailed which ultimately only Colombians can U.S. share was $1.6 billion. Donations despite the conditions on U.S. aid. solve, will not be fixed by attacking by other countries, mostly the Euro- Many remain on active duty and some the symptoms, and an all out war peans, have not materialized. The Co- have been promoted. Human rights in- against the twin terrorist threats— lombian Government’s support has also vestigators and prosecutors have been guerrillas and paramilitaries—would fallen far short. For fiscal year 2003, threatened, killed or forced to flee the cost far more, take far longer, and the Bush Administration seeks another country. While some soldiers have been wreak more havoc than anyone in $439 million in counter-drug aid, plus suspended, none have been prosecuted Washington has acknowledged so far. $98 million in military aid, for a total and some have joined paramilitaries. Until now we have confined our aid of $537 million. Under our law, the Secretary of State to fighting drugs. In the first sign of a So far, U.S. tax dollars have paid for must certify that certain human rights shift, the Administration asked Con- a fleet of aircraft to spray chemical conditions have been met prior to the gress for an additional $98 million to herbicide over large areas of the coun- release of military aid. Earlier this protect 100 miles of an oil pipeline that try planted in coca, combat helicopters year, a number of high-ranking Admin- has been a frequent target of guerrilla to protect the planes from ground fire, istration officials traveled to Colom- attacks that have cost Colombia $500 and training and equipment for bia, and informed Colombian military million a year in oil revenues. The counter-drug battalions. More funds officers that more progress was needed. White House is now seeking broad, new were provided for economic programs Unfortunately, as far as I am aware, no counter-terrorism authority in the fis- to give coca farmers alternative such progress has taken place and cal year 2002 supplemental, opening the sources of income and to reform Co- therefore, to his credit, the Secretary door to a deeper, open-ended U.S. in- lombia’s dysfunctional justice system. has not made the certification. How- volvement in Colombia. Because of the Colombian military’s ever, I am told the certification could If we go down that road what would poor human rights record, Congress come at any time, and if that is true I be the likely result? Colombia is not conditioned aid on the prosecution of hope that it is based on facts and re- Afghanistan, and no one supports send- military officers implicated in serious flects a good faith application of the ing U.S. troops. But while no two coun- abuses, and on the severing of the mili- law. tries are the same, we gave over $5 bil- tary’s links with illegal paramilitary Fifth, top paramilitary leaders, im- lion to the military of El Salvador, a groups. These groups, like the guer- plicated in hundreds of murders, travel country with 1⁄50th the land area of Co- rillas, have been designated by the Ad- around the country and give press lombia, and they could not defeat the ministration as terrorist organizations. interviews despite numerous warrants guerrillas there. Are we, and the Co- By any objective measure, Plan Co- for their arrest. One has to ask why lombian people who currently spend a lombia’s results have been, at best, dis- these arrest warrants, many of which meager 3 percent of GDP on the army, appointing. have been pending for years, have not prepared for a wider war, the huge cost, First, the State Department pre- been executed? Local military com- many more displaced people, and the dicted a 30 percent reduction in coca manders share airfields, intelligence inevitable increase in civilian casual- cultivation by the end of 2002. Al- and logistics, and in some instances ties? Is the only alternative to con- though 84,250 hectares were sprayed even coordinate attacks. While some tinue a limited, ineffective counter- last year, coca cultivation in Colombia members of paramilitaries have been drug strategy, and the growth in public actually rose, by at least 21,100 hec- captured, their influence has grown support for the AUC which may ulti- tares. There has not been any reduc- throughout the country and they are mately pose a greater threat to the

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.032 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3527 country than the FARC? Can the mili- New York. She has extensive experi- From 1966 to 1969, he was an assistant tary be made to see their oft-times al- ence in the private practice of law. She district attorney in the Philadelphia lies, the AUC, as terrorists to be fought was in the public defender’s office for District Attorney’s Office, where he as aggressively as the FARC? Should some 5 years. She has been solicitor in served as chief of the Narcotics and we send an envoy of the caliber of her home county, Bucks County, PA, Homicide Divisions. Richard Holbrooke to push for a cease and has been a judge on the State He is the chair of the Specialization fire, and actively support a much more Court of Common Pleas from 1994 to Committee and past chair of the State inclusive negotiating strategy than the present. She presides over the Action Exemption and Noerr Doctrine was pursued previously? What about Criminal Court, Juvenile Court and Committee of the Antitrust Law Sec- attacking the security problems that Protection From Abuse cases. tion of the American Bar Association, have given rise to the AUC, by Prior to her election to the position and is a fellow of the American Bar strengthening Colombia’s National Po- of judge in 1993, she maintained law of- Foundation. lice, who have a cleaner human rights fices in Newtown, Pennsylvania prac- He has also been on the faculty of the record and who may be more effective ticing civil and criminal litigation, University of Pennsylvania Law in responding to kidnappings and other family law and specializing in child School. terrorist acts? abuse cases. He received the United States De- We want to help Colombia, particu- Before entering private practice in partment of Treasury’s U.S. Attorneys larly as the FARC has evolved from a 1982, Judge Rufe served Bucks County award for Distinction in Financial rebel movement with a political ide- as Deputy Public Defender, coordi- Management, 1993; Attorney General’s ology to a drug-financed terrorist syn- nating that office’s Juvenile Division. Special Commendation Award, 1993; In- dicate. But we and the Colombians She also served as Solicitor for the spector General’s Prospective Leader- need to be clear about our goals and Bucks County Children and Youth So- ship Award, U.S. Health and Human what it would take to achieve them. cial Services Agency for four years. Services, 1992; and the Distinguished We should not commit ourselves to a The Pennsylvania Supreme Court has Service to Law Enforcement Award costly policy that is fogged with ambi- appointed Judge Rufe to sit on the from the County and State Detectives guity, and we should not subvert our Appelate Procedural Rules Committee. Association of Pennsylvania, 1992. other objectives of promoting the rule She also serves the Pennsylvania Con- Baylson has provided pro bono serv- of law, protecting human rights, and ference of State Trial Judges on their ices to prisoners asserting civil rights supporting equitable economic develop- Judicial Education, Juvenile Court and violations and has represented defend- ment. Goal-setting should also be co- Corrections Committees. ants accused of crimes on a pro bono ordinated, after the elections in May, In addition, she served on a Federal basis. with Colombia’s new president, who task force to improve the quality of Madam President, while my col- may favor an entirely different ap- mental health treatment and services league from Vermont is still in the proach. for female inmates in the Bucks Coun- Chamber, I want to make a comment Finally, just as Colombians need to ty jail system. or two about some discussions he and I take far more responsibility for their Judge Rufe has been an active mem- have had, and which I have had with own problems, Colombia cannot solve ber of several community agencies re- other members of the Judiciary Com- America’s drug problem. Too often, we lated to the improvement of youth, mittee. It is my hope that we will be unfairly blame Colombia, and the other families, and drug and alcohol issues, able to agree on a protocol of where we Andean nations, for the epidemic of including serving as a member of the can come to an agreement in the Judi- drug addiction in our own country. Our Board of Directors of Youth Services, ciary Committee, and really in the full meager attempts to reduce demand for Inc.; Organization to Prevent Teenage Senate, as to how we handle judicial drugs have failed, and unless we devote Suicide, Inc.; Reaching-at-Problems, nominations. far more effort to what we know Inc. Group Home; and Prevention and We have seen recurrent problems works—education and treatment—the Rehabilitation for Youth and Develop- when we have a Republican President drugs will keep coming and Americans ment, Inc. and a Senate controlled by the Demo- will keep dying. Judge Rufe has received countless crats. When the shoe was on the other Madam President, I suggest the ab- awards from various women law orga- foot, we had a President who was a sence of a quorum. nizations in the Commonwealth of Democrat and the Senate was con- The PRESIDING OFFICER. The Pennsylvania. trolled by Republicans. Before that, we clerk will call the roll. NOMINATION OF MICHAEL M. BAYLSON had a Republican President and the The assistant legislative clerk pro- Michael Baylson is a man I have Senate was controlled by Democrats. ceeded to call the roll. known since 1965. He was one of the So that in my Senate tenure we have Mr. SPECTER. Madam President, I first people I appointed as an assistant had three situations where the White ask unanimous consent that the order district attorney when I was elected in House and the Senate were controlled for the quorum call be rescinded. 1965. I have known him intimately for by different parties. The PRESIDING OFFICER. Without the course of the past 37 years. I can When there is debate about what has objection, it is so ordered. attest to his capability. happened and how long the nomina- JUDICIAL NOMINATIONS He is a graduate of the University of tions have taken, although I have been Mr. SPECTER. Madam President, I Pennsylvania, with both a Bachelor of here and followed the situation closely, thank the Chair and I thank my col- Science and a law degree. Beyond serv- I get lost in the statistics. I think the league from Vermont for awaiting my ing as an assistant district attorney in American people do too. arrival. We have just been at a news my office, where he was chief of the I do believe there have been failures conference on the introduction of legis- homicide division, and he handled some on both sides, by both parties. I think lation on nuclear transplants. There of the most complicated criminal pros- the time has come to move beyond re- were many questions beyond what we ecutions known, he later served as a crimination and to try to establish a had anticipated. I did want to have an U.S. attorney from 1988 to 1993. He has protocol. Hopefully this protocol will opportunity to appear briefly in sup- been a senior partner in the distin- provide for a certain number of days port of these two nominees who are guished Philadelphia law firm of after a nomination has been submitted from my state. Duane, Morris & Heckscher, working to be accorded a hearing, so many days NOMINATION OF CYNTHIA M. RUFE on some very tough litigation matters later for a markup in an executive ses- The nomination of Judge Cynthia in the areas of commercial and securi- sion, so many days later to be consid- Rufe comes to this floor after having ties litigation and antitrust law. ered by the full Senate. Delays could been approved unanimously by the Ju- Mr. Baylson served as United States occur at the discretion of the chairman diciary Committee. She has an excel- Attorney for the Eastern District of of the committee, after consultation lent educational background: A bach- Pennsylvania from 1988 to 1993. He was with the ranking member—not the con- elor’s degree from Adelphi University, heavily involved in the Weed and Seed currence of the ranking member but a J.D. from the State University of Program. the consultation—similarly with the

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.033 pfrm12 PsN: S30PT1 S3528 CONGRESSIONAL RECORD — SENATE April 30, 2002 majority leader, with consultation After leaving the U.S. Attorney’s Of- find myself with no choice but to set with the minority leader. fice, Mr. Baylson returned to Duane the record straight. I want to make one I wanted to make those comments Morris and Heckscher as a partner and observation and then two simple because one might say it is hard for the has specialized in antitrust, federal se- points. issue to disintegrate further, but I do curities, RICO and white collar crime Madam President, my observation is see it disintegrating further. On May 9, matters. this: The American people want this we are going to have a one year anni- Clearly, Mr. Baylson is a very tal- Senate to help—rather than hinder— versary of the submission of eight cir- ented attorney with a great deal of ex- President Bush. And that is true of cuit judges, and I hope we do not have perience. I have no doubt that he is an every President. Everyone understands dueling press conferences. I hope we excellent choice to be a judge on the that we are living at a time of great are able to work this out where we will District Court of Eastern Pennsyl- national importance. Our government have rules and a protocol established, vania. is being put to a test. President Bush is regardless of who controls what. NOMINATION OF JUDGE CYNTHIA M. RUFE performing extraordinarily well, and he Again, I thank the Chair for sitting Madam President, I rise in support of is leading our country and our military overtime and I thank my colleague the confirmation of Judge Cynthia in the right direction to achieve pros- from Vermont for staying overtime. Rufe to the U.S. District Court for the perity and security for all Americans. The PRESIDING OFFICER. The Sen- Eastern District of Pennsylvania. The American people support President ator from Vermont. Judge Rufe’s nomination is yet another Bush and his administration, and they Mr. LEAHY. Madam President, I am example of President Bush’s effort to correctly believe that the Senate always happy for the cooperation of enhance our excellent and diverse fed- should do the same. the Senator from Pennsylvania, and I But the people who follow the Judici- do compliment him on the two judges eral judiciary. Judge Rufe has had a distinguished legal career. She is an ary Committee’s record on reviewing who will be confirmed today, rec- and approving President Bush’s judi- ommended by him, and his efforts to outstanding Pennsylvania state judge who will only add to the distinguished cial nominations are frustrated—for get a consensus for them. I am well good reason—with the way in which aware we can have dueling press con- federal court in the Eastern District of Pennsylvania. this body has treated President Bush. ferences. They know that President Bush gave I have mentioned a number of courts Judge Rufe graduated with a B.A. in great care and attention to finding of appeals judges were heard out of Political Science and Education from nominees who are extremely well- order at the request of Republican Sen- Adelphi University in 1970. After re- ators, and I am sure if some of those ceiving her teacher’s certificate from qualified, highly talented legal think- same Senators were then to speak of Bloomsburg University in 1972 and ers who hold mainstream American the fact that some of the judges, their teaching high school social studies, values. There is not an ideologue own nominees especially, were heard Judge Rufe graduated from SUNY–Buf- among them. To the contrary, Presi- ahead of others, that they would see falo Law School in 1977. dent Bush’s picks for the judiciary are delicious irony in that. After law school, and mindful of each all principled and fair people, from a I know we are supposed to recess. I attorney’s responsibility to ‘‘serve the variety of backgrounds and experi- yield the floor. disadvantaged,’’ she joined the Bucks ences, who are committed to following NOMINATION OF MICHAEL BAYLSON County Public Defenders Office. In this precedent, applying the law as it ex- Mr. HATCH. Madam President, I rise role, her case-load ran the gamut from ists, and standing firm against judicial in support of the confirmation of Mr. misdemeanors to homicides. At the activism. President Bush should not be Michael Baylson to the District Court Public Defender’s Office, Judge Rufe forced to divert any more of his time of Eastern Pennsylvania. Mr. Baylson developed an expertise in representing and attention away from the war on is another fine example of the qualified abused and neglected children. terrorism and his many domestic prior- attorneys President Bush has named to As a result of that expertise, she cre- ities in order to persuade this body to the federal bench, and I am convinced ated and led the Public Defender’s Ju- do what is right for the American peo- based on his record that he will make venile Division. Later, Judge Rufe rose ple. an outstanding addition to an already to the level of Deputy Public Defender. Now, Mr. President, I would like to prestigious court. In this position, she was responsible for make two points that directly respond Mr. Baylson earned his under- managing the office’s trial caseload. to the comments made earlier today. graduate degree from the University of In 1982, she left the Defender’s Office Madam President, the current Senate Pennsylvania’s Wharton School. He to begin a private practice. Judge Rufe leadership is not doing a better job this then graduated from the University’s concentrated on litigation, especially Congress than the Senate has done Law School. After working as a volun- criminal and juvenile law. Over the under other Presidents. I listened as teer for the public defender in Philadel- years, the Judge Rufe’s practice ex- my colleague explained that, if looked phia, he joined the Philadelphia Dis- panded to include cases on employ- at through the right looking glass, or trict Attorney’s Office. My colleagues ment, discrimination, personal injury, examined in the right subsection of the will remember that my friend the dis- defamation, contracts, adoptions, es- right time period of the right session of tinguished senior Senator from Penn- tates and family law. the right Congress, then the current sylvania, Senator SPECTER, was the But, during this period, she never for- numbers are pretty impressive. Philadelphia District Attorney at this got about her community, and she The most important measure of per- time. Mr. Baylson was quickly pro- served as Solicitor of the Bucks County formance should be how we are han- moted to supervise that office’s Nar- Children and Youth Social Services dling the most important courts: the cotics Unit and then it Homicide Unit. Agency. Circuit Court of Appeals. Let’s com- Mr. Baylson worked in private prac- In 1994, Judge Rufe re-entered public pare the treatment of President Bush’s tice at the law firm of Duane Morris life when she was elected to the Bucks first 11 circuit court nominees to the and Heckscher. Then, in 1988, he re- County Court of Common Pleas. For first 11 of previous presidents. Presi- turned to public service as the United the last eight years, she has developed dent Reagan, the first President Bush States Attorney for the Eastern Dis- a well-earned reputation for hard work and President Clinton all enjoyed a 100 trict of Pennsylvania. There, he be- and fairness. percent confirmation rate on their first came well-known for his aggressive It is a pleasure and a privilege to sup- 11 circuit court nominees, and all were drug prosecutions. Mr. Baylson also port Judge Rufe’s nomination to the confirmed well within a year. President was a pioneer in developing the Violent federal bench. Reagan’s first 11 were confirmed in an Traffickers Project, a program that JUDICIAL CONFIRMATIONS average of 39 days, the first President uses a different strategy than the tra- Madam President, I would like to re- Bush’s first 11 averaged 88 days, and ditional tactic of arresting smaller spond briefly to some comments made President Clinton’s first 11—only 115 dealers and then ‘‘flipping’’ them in earlier today on the topic of judicial days. The longest any of these individ- order to convict the leaders of a drug confirmations. I had no intention of uals were held up in committee was 202 conspiracy. bringing up this topic today, but now I days. In stark contrast to previous

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.037 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3529 Presidents, 8 of President Bush’s first circuit court nominees in 2001, a rate of RECESS 11 nominations—made on May 9, 2001, 21 percent, leaving 23 of them without The PRESIDING OFFICER. Under almost a year ago—are still pending in any action at all. the previous order, the hour of 12:30 committee without so much as a hear- This leads to my second point, which p.m. having passed, the Senate will ing! That’s nearly 365 days, and only 3 is that the current situation has noth- now stand in recess until the hour of of the President’s first 11 nominees are ing whatsoever to do with ideology. I 2:15 p.m. confirmed. Is this what the Democratic was surprised to hear my friend, the Thereupon, the Senate, at 12:43 p.m., leadership considers a record-breaking chairman of the Judiciary Committee, recessed until 2:15 p.m. and reassem- pace? It may be record-breaking, all address earlier today the question of bled when called to order by the Pre- right, but not the record they’re talk- introducing ideology into the judicial siding Officer (Mr. CLELAND). ing about. They are confirming with confirmation process. Some of my the velocity of molasses. Democrat colleagues have made no f Now I heard my colleague suggest bones about the fact that this is ex- EXECUTIVE SESSION—Continued that some of the first 11 nominees may actly what they are seeking to do. In have been superseded out of courtesy July, they have even held hearings ex- to Republican Senators who requested pressly on how to justify it. We saw some later-nominated judges to move what happened to Judge Charles Pick- NOMINATION OF MICHAEL M. first. Well, I know how difficult it is to ering. BAYLSON, OF PENNSYLVANIA, TO BE UNITED STATES DISTRICT chair the committee, and such requests What is now occurring is far beyond JUDGE FOR THE EASTERN DIS- do come in. But I would suggest to my the mere tug-of-war politics that un- TRICT OF PENNSYLVANIA friend that he do what I did for Presi- fortunately surrounds Senate judicial dent Clinton: consider more than one confirmation since Robert Bork. Some The PRESIDING OFFICER. The circuit nominee per hearing. That’s of my colleagues are out to effect a clerk will report the first nomination. what we did, under Republican leader- fundamental change in our constitu- The assistant legislative clerk read ship, no fewer than 10 times. Why not tional system, as they were instructed the nomination of Michael M. Baylson, two at a time? to do by noted liberal law professors at of Pennsylvania, to be United States Of course, the pace of confirming a a retreat early last year. Rather than District Judge for the Eastern District President’s first 11 nominees is not the seeking to determine the judiciousness of Pennsylvania. only measure by which the current of a nominee and whether a nominee The PRESIDING OFFICER. The leadership is falling short. My col- will be able to rule on the law or the question is, Will the Senate advise and league suggested that kudos should be Constitution without personal bias, consent to the nomination of Michael awarded for bringing the circuit court they want to guarantee that our judges M. Baylson, of Pennsylvania, to be vacancy rate down to 29. Well, it was all think in the same way, a way that United States District Judge for the never that high at the end of any Con- is much further to the left of main- Eastern District of Pennsylvania? On gress when Republicans controlled the stream than most of President Bush’s this question, the yeas and nays have Senate. And I certainly don’t recall nominees. been ordered, and the clerk will call that, during my chairmanship, any of In the judiciary that some would cre- the roll. our circuit courts were facing the kind ate, citizens will have to worry about The assistant legislative clerk called of crisis that is going on today in the the personal politics of the judge to the roll. 6th Circuit Court of Appeals, where the whom they come for justice under the Mr. REID. I announce that the Sen- court is operating at half-staff despite law. I strongly object to that result. ator from Connecticut (Mr. DODD) is the fact that president Bush has nomi- necessarily absent. nated seven highly qualified people to The legitimacy of our courts, and es- pecially the Supreme Court, comes Mr. NICKLES. I announce that the serve on that court. Senator from North Carolina (Mr. The fact is that, at the close of the from much more than black robes and a high bench. It comes from the peo- HELMS) is necessarily absent. 106th Congress, when I was chairman of I further announce that if present the Judiciary Committee, there were ple’s belief that judges and justices will apply a judicial philosophy without re- and voting the Senator from North only 67 vacancies in the federal judici- Carolina (Mr. HELMS) would vote ary. In the space of one Democratic- gard to personal politics or bias. In conclusion, Madam President, it is ‘‘yea.’’ controlled congressional session last The PRESIDING OFFICER. Are there year, that number shot up to nearly time for this Senate to examine the real situation in the Judiciary Com- any other Senators in the Chamber de- 100, where it remains today. Under Re- siring to vote? publican leadership, the Senate con- mittee, rather than listen to more in- ventive ways of spinning it. We have The result was announced—yeas 98, firmed essentially the same number of nays 0, as follows: judges for President Clinton—377—as it lots of work to do. There are 90 vacan- [Rollcall Vote No. 98 Ex.] did for President Reagan—382—which cies in the federal judiciary—a vacancy proves bipartisan fairness—especially rate of more than 10.5 percent—and we YEAS—98 when you consider that President have 50 nominees pending, including 4 Akaka Crapo Johnson nominees for the Court of Federal Allard Daschle Kennedy Reagan had six years of his party con- Allen Dayton Kerry trolling the Senate, and President Clin- Claims. Nineteen of the pending nomi- Baucus DeWine Kohl ton had only two. nees are for circuit court positions, yet Bayh Domenici Kyl So how did we go from 67 vacancies the Senate has confirmed only nine cir- Bennett Dorgan Landrieu cuit judges this Congress. This is de- Biden Durbin Leahy at the end of the Clinton administra- Bingaman Edwards Levin tion to nearly 100 today? There can be spite a crisis of 29 vacancies pending in Bond Ensign Lieberman only one answer: The current pace of the circuit courts nationwide—vir- Boxer Enzi Lincoln tually the same number of vacancies Breaux Feingold Lott hearings and confirmations is simply Brownback Feinstein Lugar not keeping up with the increase in va- pending when the Democrats took con- Bunning Fitzgerald McCain cancies. We are moving so slowly that trol of the Senate in June of last year. Burns Frist McConnell we are barely keeping up with natural Madam President, the American peo- Byrd Graham Mikulski Campbell Gramm Miller attrition. President Bush nominated 66 ple are disappointed in this process. Cantwell Grassley Murkowski highly qualified individuals to fill judi- They want the Senate to help—not Carnahan Gregg Murray cial vacancies last year. But in the hinder—President Bush. I urge my Carper Hagel Nelson (FL) friends across the aisle to focus on this Chafee Harkin Nelson (NE) first 4 months of Democratic control of Cleland Hatch Nickles the Senate last year, only 6 Federal situation, to step up the pace of hear- Clinton Hollings Reed judges were confirmed. At several hear- ings and votes, and to do what’s right Cochran Hutchinson Reid ings, the Judiciary Committee consid- for the country. Collins Hutchison Roberts Conrad Inhofe Rockefeller ered only one or two judges at a time. Thank you, Madam President. I yield Corzine Inouye Santorum The committee voted on only 6 of 29 the floor. Craig Jeffords Sarbanes

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.014 pfrm12 PsN: S30PT1 S3530 CONGRESSIONAL RECORD — SENATE April 30, 2002 Schumer Specter Torricelli NOT VOTING—2 tractor would face only $3,700 in tariffs Sessions Stabenow Voinovich Dodd Helms Shelby Stevens Warner if it were made in Brazil, and there Smith (NH) Thomas Wellstone The nomination was confirmed. would be none if it were made in Can- Smith (OR) Thompson Wyden ada. Snowe Thurmond The PRESIDING OFFICER. Under the previous order, the motions to re- American businesses, farmers, and NOT VOTING—2 consider the votes are laid on the table, ranchers are the best, but they should Dodd Helms and the President will be notified of not have to compete with this kind of these actions. disparity. Our inability to negotiate The nomination was confirmed. agreements with foreign countries is f hurting U.S. industry and limiting eco- f LEGISLATIVE SESSION nomic growth. The TPA offers the United States a chance to reclaim mo- The PRESIDING OFFICER. Under NOMINATION OF CYNTHIA M. mentum in the global economy by add- the previous order, the Senate will now RUFE, OF PENNSYLVANIA, TO BE ing foreign markets and expanding our return to legislative session. U.S. DISTRICT JUDGE FOR THE opportunity for American producers EASTERN DISTRICT OF PENN- f and workers. SYLVANIA ANDEAN TRADE PREFERENCE For 60 years, Presidents and members The PRESIDING OFFICER. The ACT—MOTION TO PROCEED—Con- of both parties in Congress have clerk will report the next nomination. tinued worked together to open markets The assistant legislative clerk read around the world. Now, as we launch The PRESIDING OFFICER. The Sen- the next round of global trade negotia- the nomination of Cynthia M. Rufe, of ator from Texas. Pennsylvania, to be U.S. District Judge tions, close cooperation is critical. In Mrs. HUTCHISON. Mr. President, I Texas, we have experienced the bene- for the Eastern District of Pennsyl- rise to talk about the trade promotion vania. fits of free trade as a result of NAFTA. authority legislation that is before the Since the agreement was implemented The PRESIDING OFFICER. The Senate. question is, Shall the Senate advise in January 1994, Texas exports have America has the most productive, grown much faster than the overall and consent to the nomination of Cyn- creative workforce in the world. Our thia M. Rufe, of Pennsylvania, to be U.S. exports of goods. Texas merchan- industries are diverse. Our products are dise exports in 2000 went to more than U.S. District Judge for the Eastern second to none. Now we must expand District of Pennsylvania? The yeas and 200 foreign markets, totaling $69 bil- our reach to bring more of these goods lion—an increase of more than 22 per- nays have been ordered, and the clerk and services to the global marketplace will call the roll. cent since 1997. by passing trade promotion authority On the agricultural front, Texas The assistant legislative clerk called legislation. ranks third among the 50 States in ex- the roll. Trade promotion authority had been ports, with an estimated $3.3 billion in Mr. REID. I announce that the Sen- used since President Ford’s administra- sales in foreign markets in 2000. We are ator from Connecticut (Mr. DODD) is tion to implement trade agreements leading exporters of beef, poultry, feed necessarily absent. until it lapsed in 1994. The President grain, and wheat. NAFTA has helped us Mr. NICKLES. I announce that the has not had this trade promotion au- secure the No. 1 cotton exporting State Senator from North Carolina (Mr. thority since 1994. If America is going status. Since the agreement took ef- HELMS) is necessarily absent. to increase trade opportunities around fect, we have increased cotton exports I further announce that if present the world, Congress needs to pass this to Mexico from 558,000 bales to 1.5 mil- and voting the Senator from North legislation so the President has the lion bales in 2000. Carolina (Mr. HELMS) would vote ability to negotiate trade agreements Some people fear that trade will hurt ‘‘yea.’’ with the knowledge that, while Con- the United States because they believe The PRESIDING OFFICER. Are there gress retains its right to approve or re- we will end up lowering barriers more any other Senators in the Chamber de- ject a treaty, it will not try to amend than our trading partners. This is a le- siring to vote? or delay it. gitimate question, but the fact is that The result was announced—yeas 98, Without this legislation, foreign gov- the United States is already generally nays 0, as follows: ernments may not be willing to sit at very low in barriers compared to our [Rollcall Vote No. 99 Ex.] the negotiation table with the United trading partners. For example, the av- YEAS—98 States, knowing that they may put all erage U.S. tariff on machinery imports Akaka Durbin McCain of this time into a negotiation that is 1.2 percent, while foreign tariffs on Allard Edwards McConnell would then be delayed or changed by U.S.-made machinery in countries such Allen Ensign Mikulski Congress. Baucus Enzi Miller as Indonesia, India, Argentina, and Bayh Feingold Murkowski Ninety-six percent of the world’s con- Brazil are 30 times higher. By negoti- Bennett Feinstein Murray sumers live outside of the United ating trade agreements, such as Free Biden Fitzgerald Nelson (FL) States, representing a vast potential Trade Area of the Americas, the bene- Bingaman Frist Nelson (NE) Bond Graham Nickles market for American exports. Unfortu- fits we will receive by lowering those Boxer Gramm Reed nately, other countries are moving for- high barriers to our goods and services Breaux Grassley Reid ward in promoting trade while we are far outweigh the effect of lowering our Brownback Gregg Roberts standing on the sidelines. While we Bunning Hagel Rockefeller very small tariffs. Burns Harkin Santorum delay, other countries are entering into Another fear is the extent to which Byrd Hatch Sarbanes agreements that exclude us. Our com- lowering barriers to the U.S. market Campbell Hollings Schumer petitors in Europe, Asia, and Latin will cause job losses as companies Cantwell Hutchinson Sessions Carnahan Hutchison Shelby America have sealed more than 130 free move manufacturing overseas. This Carper Inhofe Smith (NH) trade compacts. Yet we are party to could happen, but we do have superior Chafee Inouye Smith (OR) only three—Jordan, Israel, and NAFTA quality and work ethic—that is undeni- Cleland Jeffords Snowe with Mexico and Canada. Again, there able. Beyond that, however, we must Clinton Johnson Specter Cochran Kennedy Stabenow are 130 free trade agreements in the consider the extent to which we are al- Collins Kerry Stevens world and the United States is a party ready losing jobs to overseas plants be- Conrad Kohl Thomas to only 3 of those. cause of the high barriers to our goods. Corzine Kyl Thompson Craig Landrieu Thurmond A lack of free trade agreements puts Some countries try to attract manu- Crapo Leahy Torricelli American exporters at a significant facturing jobs by raising barriers to Daschle Levin Voinovich disadvantage. For example, a $180,000 imports. This forces companies that Dayton Lieberman Warner tractor made in America and shipped would otherwise have production facili- DeWine Lincoln Wellstone Domenici Lott Wyden to Chile incurs about $15,000 in tariffs ties in the United States and then ex- Dorgan Lugar and duties upon arrival. That same port their products to build plants in

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.011 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3531 these foreign countries so they get develop legitimate businesses and eco- has deteriorated dramatically, and around the tariffs. For example, Mars, nomic growth are what we are address- what we have witnessed there is heart- Inc., the candy and pet food manufac- ing in the Senate with this trade pack- breaking. turer, has their largest production fa- age. Passing this legislation will en- As I speak today, Palestinian gun- cility in Waco, TX. They and other sure the continued growth of our econ- men remain holed up in the Church of U.S. confectionary makers face an av- omy and make sure that we are export- Nativity, Israeli tanks are present in erage of 25 percent in tariffs on confec- ing our greatest ideals to the world— the West Bank, and Israeli and Pales- tionary candy exports and candy prod- freedom, free enterprise, and democ- tinian civilians, seized by anxiety, fear ucts to the European Union, and they racy. stepping into the street in order to go have a 55-percent tariff on these goods We must give the President this about their daily lives. Across the re- to India. But the United States has vir- trade promotion authority so we will gion and in this country too, people are tually no tariffs on confectionary prod- not be left behind. If America is only a grieving for innocent Israelis and Pal- ucts. The employees of domestic candy party to 3 trade agreements out of 130, estinians who have lost their lives. makers would be much more secure if you know that other relationships are While there are new reports of clash- the President were able to negotiate a forming that keep America out. es in Hebron, there is some positive trade agreement that lowered these We made a very good start with news this morning. The month-long barriers overseas so they were not pe- NAFTA. We have seen the benefits of standoff at the Ramallah compound may be ending as U.S. and British secu- nalized for having U.S.-based manufac- NAFTA, that free trade agreement. rity experts are expected to arrive turing. Now we must extend NAFTA to South In addition to trade promotion au- America with the Andean nations with today in the region to implement a thority, we will be debating related which we have had trade relations. We U.S.-brokered plan. There are also trade bills over the next few weeks. need to come back and put in place signs of progress in Bethlehem, where The Andean Trade Preference Act, trade with those countries without there are news reports that many civil- which is the base bill we are debating those barriers that have been put for- ians not wanted by Israel will leave the church today. today, seeks to help our counter- ward in the last year. We need to have Even in this time of terrible violence, narcotics efforts by providing people of good relations all over the world. I think it is clear, from what is hap- however, we cannot lose hope, for the the Andean region—South America— sake of Israelis and Palestinians every- pening in the world and the lack of un- with economic opportunity other than where who yearn for peace—and espe- derstanding in many parts of the world drug trade. This bill can help U.S. de- cially for their children, and the gen- what freedom and free enterprise are, velop overseas markets. If the bene- erations to follow. For them, we must that we should be the leaders in open- ficiary countries are able to use their continue to seek a pathway to peace. exports to the United States to develop ing free trade markets under an agree- To that end, Secretary Powell’s mis- a healthier economy, it will create ment that provides a level playing field sion to the region earlier this month market opportunities for U.S. export- for our workers and the workers of a was an important step. While a cease- ers. foreign country. We should be the lead- fire was not achieved, the situation is The Andean Trade Preference Act ers, not the followers; not the people less dangerous now than it might have has been successful in this respect. who are being dragged kicking and been, without active U.S. engagement Since it went into effect in 1991, the screaming into the new century. and Powell’s vigorous diplomatic ef- four Andean countries have experi- We need free and fair trade. We can forts. Events were spinning out of con- enced $3 billion in new output and $1.7 only get it by negotiating trade agree- trol earlier, especially on the border of billion in new exports. This has led to ments and making sure there is a level Lebanon. But, the tense border situa- the creation of 140,000 legitimate jobs playing field. If we have no agree- tion seems to have cooled a bit, even if in this region, providing employment ments, we can have small barriers, momentarily, due at least in part to alternatives to people who might oth- they can have big barriers, and that is Secretary Powell’s work with the Syr- erwise get involved in the drug trade. not a level playing field. We want a ians. Similarly, by extending the General level playing field. Trade promotion The real test, however, is whether System of Preferences, which provides authority and the Andean Preference the administration will stay engaged. duty-free status to certain items from Act will give us that. It has finally left the side-lines and is developing countries, we can help to I yield the floor. onto the playing field of Middle East develop healthier economies that will The PRESIDING OFFICER [Mr. CAR- diplomacy, and it must stay in the inevitably demand U.S. products. PER]. The Senator from Minnesota. game. Israeli officials say that condi- The other bill we are addressing dur- Mr. WELLSTONE. Mr. President, I tions might worsen in the days to ing this debate is Trade Adjustment ask unanimous consent that before come, that Israel may witness a rash of Assistance. This is a good program speaking on the fast track bill, I be al- suicide bombings as it pulls its forces that would help those who lose their lowed to speak on the Middle East, and back. If the administration, facing jobs because of trade. But we must also I will take about 10 minutes. such an escalation of violence in the make sure this is not a program that is The PRESIDING OFFICER. Without region, withdraws, as it has before, his- going to be so expensive and a program objection, it is so ordered. tory will judge us harshly. If it con- that discriminates among certain un- Mr. WELLSTONE. For colleagues tinues to devote its time, energy and employed workers versus other unem- who are watching, because I know prestige to achieving the goals Mr. ployed workers versus employed work- there are a lot of people who want to Bush laid out earlier this month, then ers. I think we might be taking a big speak, I probably will not take a full the violence might be contained, and chance with that part of the bill—not hour on my statement on fast track. I we may see progress. Engagement re- being as fully vetted and researched as will try to proceed expeditiously, but mains the only intelligent option for the two parts that are trade promotion first of all I do want to speak on the our country now. and Andean preference. These are two Middle East because I do not think we We must pursue a courageous ap- trade promotion acts that will have di- can ignore what is happening in the proach which seeks both to meet the rect benefits to the workers and the world. It has such a critical and crucial critical need of the Israeli people to be people of America. It will also help the impact on our lives and our children’s free from terrorism and violence, and consumers of America get the lowest lives and our grandchildren’s lives. acknowledges the legitimate aspira- prices for goods that are imported SEARCH FOR MIDDLE EAST PEACE tions of the Palestinian people for their without those artificial barriers. Mr. President, like many of my col- own state, a state which is economi- So in this time of increased tension leagues, I had enormous hopes for a cally and politically viable. Even in in many parts of the world, American permanent peace between Israel and this horrific time, we must not lose leadership on trade is more important the Palestinians before the collapse of sight of what should be our ultimate than ever. Giving President Bush a the Oslo-Camp David peace process two goal: Israel and a new Palestinian state strong hand to negotiate, helping other years ago. Yet recently, as we all living side-by-side, in peace, with se- countries to use the benefits of trade to know, the situation in the Middle East cure borders.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.042 pfrm12 PsN: S30PT1 S3532 CONGRESSIONAL RECORD — SENATE April 30, 2002 For many, the last two years have immediately the urgent task of re- change of land for peace became the shattered confidence in any peace proc- building so that ordinary Palestinians basis for negotiation. The goals of the ess. It has raised questions in some can resume a normal existence. The conference should be spelled out clear- people’s minds about whether Palestin- Palestinian economy has been battered ly: putting the breaks on the violence ians and Israelis can ever really live and the infrastructure of the Pales- and speeding negotiations for a two- and work together, supporting each tinian Authority badly damaged. Last state solution. other’s aspirations for peace, pros- week, the World Bank identified a $2 Both sides will need to make painful perity and security. billion need, estimating that the direct choices if there is to be a just and sta- We must do our best to work with the physical destruction of the public in- ble peace. There must be a recognition parties to restore calm, to end the frastructure alone is $300 million, and of the tragic Palestinian refugee expe- bloodshed, and to get back to a polit- that at least 75 percent of the Pales- rience, and also an understanding that ical process that might address the un- tinian workforce is now idle. At the not all Palestinians refugees will be derlying causes of this conflict. same time, Israel is facing major eco- able to return to Israel. Many observ- I believe many of the elements of the nomic challenges, with a serious reces- ers believe that the parties will eventu- path back to peace are known: sion and currency dropping to a new ally need to agree on a formula which First, Palestinian leaders need to low recently. The international com- would allow some refugees to return to renew their severely damaged credi- munity and Israel’s Arab neighbors Israel, and then provide for resettle- bility as legitimate diplomatic part- must contribute to serious rehabilita- ment, and financial compensation for ners by condemning terrorism and tion and economic development efforts. the remainder. And consistent with the doing all in their power to combat it. Consistent with the UN Security Mitchell plan, Israeli settlement ex- Chairman Arafat has not consistently Council resolutions, the United Na- pansion in the occupied territories will rejected or confronted terrorists; in- tions fact-finding team must be al- have to be addressed and, as many ob- deed if the evidence gather by the IDF lowed to visit the territories to exam- servers have noted, some settlements is to be believed, he may have actually ine what actually happened in the may need to be dismantled. All of this supported them. He cannot play both Jenin Refugee Camp. As Secretary should be negotiated by the parties sides any longer, but must work to end Powell has declared, this is in the best themselves. terror and the sickening wave of sui- interests of all concerned, especially in Despite the rage and raw feelings in cide bombings Israel has suffered. the best interests of the Israelis, to end the region now, most Israelis and most There must also be an end to the cul- speculation and have a full, accurate, Palestinians crave a peaceful resolu- ture of violence and the culture of in- public accounting of what actually oc- tion to this conflict. This hunger for citement in Arab media, in schools and curred there. As soon as details on the peace, and a sustained and vigorous en- elsewhere, which Arab and Palestinian composition of the team is resolved gagement by the United States, are our leadership have allowed to go un- and the scope of its mission agreed best hope for achieving it. checked too long. Throughout the re- upon, it must be allowed access to con- ANDEAN TRADE gion, anti-Israel incitement is wide- duct its work. Mr. President, I debate this motion spread and insidious: government-con- Fourth, I believe there is no military to proceed to fast track, the fast-track trolled press, television programs and solution to this conflict. The only path trade mechanism now known as the school textbooks regularly demonize to a just and durable resolution is trade promotion authority. I oppose it Israelis with vile language and images. through negotiation. And there will be on a lot of grounds. Arab states must help put an end to no lasting peace or regional stability First, I oppose the bill because of a this, as it badly damages all the parties without a strong and secure Israel, principled opposition to the fast-track and powerfully undermines the cause of which is why the United States must mechanism. I am not sure that for me the Palestinian people and their na- maintain its commitment to pre- this principle would in all cases be ab- tional aspirations. serving Israel’s strength, and providing solute and decisive, but I do lean President Bush and the international Israel substantial assistance. against any fast-track mechanism for community have called on Israel to end I believe the United State must now fundamental reasons. Second, I oppose its incursion into the West Bank, and push forward with specific and concrete the bill based on my judgement in ad- Israel has begun a withdrawal, however ideas for rebuilding the shattered trust vance of the unlikelihood of seeing ne- partial and tentative. As President between the parties, bringing an end to gotiated trade agreements that I will Bush stated, when Israel moves back, the violence, and offering a new path be able to support on behalf of the peo- responsible Palestinian leaders and back to the road of peace. The points of ple of Minnesota and of the nation. I Israel’s Arab neighbors must step for- departure for such a plan are already in base that judgement on the negative ward, and demonstrate that they are place—the UN Resolutions 242 and 338 consequences of past trade agreements, working to establish peace: ‘‘the choice and the earlier settlement negotiations the track-record of this administration and the burden will be theirs.’’ To that conducted at Taba, Egypt in January so far, and on the text of the Trade end, the Palestinian leadership must 2001. The recent Arab League support Promotion Authority Act, which I be- commit to resuming security coopera- of the Saudi proposal for normalization lieve is fundamentally flawed in its ap- tion with Israel, and the United States of relations between Israel and Arab proach. Finally, I oppose moving to the and the international community must nations is key. It acknowledges Israel’s fast-track bill because I believe it is ir- assist the Palestinians in reconsti- right to exist, and raises hope of a con- responsible to discuss it before first ad- tuting an effective security mechanism structive Arab involvement in the dressing the urgent needs of workers in so they can do so. search for peace. The United States this nation. Second, Israel must show a respect should also consider supporting, with Let me begin with my first reason for for and concern about the human the consent of both parties, some kind opposing the fast-track bill. I am in- rights and dignity of the Palestinian of international observer force to en- clined to oppose fast-track on general people who are now and will continue hance security for both sides. NATO principles of democracy and represent- to be their neighbors. It is critically might choose to take part in any such ative accountability alone. Fast track important to distinguish between the deployment, given Europe’s continuing procedures shorten necessary congres- terrorists and ordinary, innocent Pal- interest in containing the Middle East sional debate and eliminate the option estinians who are trying to provide for crisis. This could be followed, again of amendments by elected and account- their families and live an otherwise with the agreement of all parties, with able representatives of the public. normal existence. Palestinians must no an international peace keeping force, if Under Article I, Section 8 of the Con- longer be subjected to the daily, often such a force could be helpful. stitution, it is not the President but humiliating reminders that they lack We cannot afford to dither. The ad- Congress that shall ‘‘regulate com- basic freedom and control over their ministration should move decisively to merce with foreign nations’’ and I am lives. convene a broad international con- not willing to shirk my responsibility Third, the United States and the ference loosely based on the Madrid to make fair trade policy by giving the international community must begin conference of 1991, at which the ex- President authority to determine trade

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.044 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3533 policies without meaningful checks achieve beneficial trade agreements. offer an amendment to change the pro- from Congress. The record of the previous Administra- posal. But not under fast track. It is worth observing at the outset tion appears to reinforce this convic- I favor open trade. Open trade can that when we say we are considering tion. During the 1990s we entered into contribute significantly to the expan- trade agreements under fast track pro- nearly 200 international commercial sion of wealth an opportunity. It can cedures, the measures we are talking agreements without fast-track, includ- encourage innovation and improve pro- about generally entail the substantial ing the Caribbean Basin Initiative and ductivity. It can deliver high quality changing of domestic laws. We are agreements with sub-Saharan Africa, goods and services to many consumers talking about packages of legislative Jordan and Vietnam. I should repeat at better prices. Negotiated properly, changes that are the implementing that nearly 200 trade agreements, and trade agreements can help bring these bills for what the President and his only two of those utilized fast track benefits to all trading partners in fair representatives have negotiated with procedures. Last November, U.S. Trade way. However, I remain unconvinced of trading partners. We are not only dis- Representative Robert Zoellick said the need for a fast-track procedure in cussing tariff schedules, important as that fast-track was a tool the adminis- order for a president to achieve bene- those can be. We are talking about the tration could not live without. He said: ficial trade agreements. alteration of domestic law. It is dif- ‘‘If I’m pressing my counterpart to go Fast-track is not about politics. It is ficult to imagine good enough reasons to his or bottom line, he or she is going not be about providing the authority to to surrender our rights as Senators to to balk if they feel that Congress has a President whose trade policy we sup- unlimited debate on amendment of the ability to re-open the deal. My port, and not to one we do not. Fast those measures before we have even counterparts fear negotiating once track is about our responsibility as leg- seen them. with the administration and then a islators to do our part to ensure fair This bill, HR 3005, which the motion second time with Congress.’’ trade in the global economy. Of course to proceed could bring before us by the Mr. President, if the previous Admin- the White House should conduct trade end of the week if it is successful, istration could so readily reach trade negotiations. But there is no reason to would lock in fast-track rules now for agreements without the benefit of fast- give the White House autocratic power debates and votes we will have later. track, then I question the need to im- to do so. If a trade agreement cannot By later, I mean at whatever point we pose such procedures, which are inher- withstand the scrutiny of our demo- consider implementing legislation for ently undemocratic. I also question cratic process, then it does not deserve several of the trade agreements which what Mr. Zoellick is getting at. I would to be enacted. My second reason for opposing the the Administration is now negotiating hope he understands that our system of motion to proceed to this bill is that I such as an agreement entered into government has three branches. That do not have confidence that the spe- under the auspices of the World Trade our system is based on checks and bal- cific trade agreements that are likely Organization, agreements with Chile ances. And I would hope that in the na- to be negotiated with this fast-track and Singapore, and an agreement es- tions with which we are negotiating authority would achieve an improve- tablishing a Free Trade of the Amer- trade agreements, that we are also pro- ment in the standard of living and moting an agenda committed to demo- icas or which it might negotiate under quality of life for a majority of Ameri- cratic principles. Because when we talk this authority between now and 2005. cans. Nor do I believe that such trade about the fast-track mechanism, that That is the duration of the bill’s provi- agreements would be likely to improve is not the case. They shorten necessary sions if it is enacted. In other words, the lives of the majority of the popu- debate. They eliminate the chance for we are deciding now whether to estab- lations of other countries, the coun- amendment by elected and accountable lish special and highly restrictive rules tries with whom we trade. Therefore, I representatives. They exclude mean- which will govern our debate and votes do not believe I am likely to support ingful participation in the legislative later on implementing bills for agree- the agreements, or their implementing ments whose contents we will not process by numerous groups which nor- legislation. Why would I give up my know until that time. mally have at least some access to it. right in advance to amend bills which I For example, free trade is supposed That is the meaning of fast-track leg- do not think I will be able to support? islation. I wonder how many Ameri- to be good for the consumers. But how We have had excellent debates over cans are aware that the Senate might often do representatives of consumer the nation’s trade policy in recent be willing to give away that much au- organizations help to decide our nego- years. We had a good debate over the thority in the making of trade policy. tiating goals? How many consumers North American Free Trade Agree- If we pass this fast-track legislation, are on the panels which advise nego- ment, the Uruguay Round of the Gen- whatever agreement is negotiated and tiators? Corporations in various sec- eral Agreement on Tariffs and Trade, the changes in U.S. law that would be tors help decide what our goals are, which ultimately led to the creation of required in order for the United States which is appropriate. But why not con- the WTO, over permanent normal trade to comply with it, will be considered sumers? Consumers might argue that relations with China, and more re- automatically here in the Senate once open trade is good; it can help bring cently over trade and trade remedies that agreement is reached. This will higher quality goods and services at regarding the steel industry. I would take place on an expedited schedule, lower prices. But consumers might also like to take a second to talk in par- with no amendments, and with a lim- point out that there need to be rules in ticular about NAFTA and the WTO im- ited number of hours of debate. Just an open trading system enforceable plementing legislation. I voted against one up-or-down vote on a giant bill rules against downward harmonization the implementing legislation for those changing numerous U.S. laws, with no of environmental and food-safety agreements because I believed those amendments and limited debate. I am standards, enforceable rules against bills did not take this country in the sorry to say that based on my experi- child labor, enforceable rules against right direction in trade policy. The re- ence, many of us in this body will prob- the systematic violation of labor and sults of those agreements have largely ably be only partially aware of what is human rights. These are not enforce- reinforced my view. I continue to re- actually contained in such imple- able objectives of negotiators under gret that I did not have more oppor- menting bills. But in any case, even if this fast track bill. In fact, as negoti- tunity to change those major pieces of we know every provision, we will not ating objectives, they need not even be legislation. I believe they have done us have the opportunity to change a sin- achieved for a trade agreement to come great harm. gle one. before the Senate and receive fast- I did not oppose NAFTA and the WTO During my time here in the U.S. Sen- track consideration. But they probably because I am a protectionist. I am not. ate, I have consistently opposed the would be enforceable if we had a more I don’t have the slightest interest in granting of fast-track authority for democratic process for negotiating and building walls at our borders to keep trade agreements. I opposed it for considering trade agreements. And if out goods and services. Nor do I fear NAFTA. I opposed it for creation of the the objectives were not achieved in the fair competition from workers and WTO. I have yet to be convinced of the agreements, consumer advocates could companies operating in other coun- need for any fast-track authority to find a member of the Senate willing to tries. I am not afraid of our neighbors.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.047 pfrm12 PsN: S30PT1 S3534 CONGRESSIONAL RECORD — SENATE April 30, 2002 I don’t fear other countries, nor their democracy and respect for human anced way. Our current trade policy is peoples. I am in favor of open trade, rights, then they are deficient. That is deeply skewed towards large corporate and I believe the President should ne- my position. These should be the pil- interests. That view is based on our ex- gotiate trade agreements which lead lars of American leadership in the perience with recent trade agreements. generally to more open markets, here world. And unfortunately, this bill does little and abroad. At the same time we are told that to require our negotiators to do better Indeed, I am very aware of the bene- America must lead on the issue of with new ones. fits of trade for the economy of Min- trade, we are also told that if we do not The negative effects of NAFTA, nesota. I am told about them con- negotiate trade agreements, even ones which took effect in 1994, and the WTO, stantly. We have an extremely inter- which do not live up to our principles, created in 1995, demonstrate the harm national-minded community of cor- then other countries will do so with in failure to negotiate important safe- porations, small businesses, working each other in our absence. We will be guards in trade agreements. NAFTA’s people and farmers in our state, and we left out. What a contradiction. We damaging results have been docu- have done relatively well in the inter- must lead, but we must do so by weak- mented by a range of reliable observ- national economy in recent years. Min- ening our values. By leaving protection ers. They include loss of jobs, suppres- nesota has lost some jobs to trade, as of workers rights out of the agree- sion of wages, and attacks upon and have most states. But we also benefit ments we negotiate. By surrendering weakening of environmental and from trade. We benefit from both ex- our principled linkage of human rights health and safety laws. Fast-track pro- ports and imports. Exports create jobs, concerns to trade policy. Are we saying moters want this authority to make it as we all know. But imports are not that when it comes down to it, money easier to extend NAFTA throughout necessarily a bad thing either. They is what basically matters? Is that how the hemisphere in a proposed Free provide needed competition for con- we should lead the world? Not in my Trade of the Americas agreement and sumers, and they also push our domes- view. to expand the WTO in a new round of tic companies to become better, to be Our trade policy should seek to cre- multilateral negotiation. If we repeat as productive and efficient as they can ate fair trading arrangements which our past failure to include adequate be. Open trade can contribute signifi- lift up standards and people in all na- labor, environmental, and health and cantly to the expansion of wealth and tions. It should foster competition safety provisions in new agreements, opportunity, and it tends to reward in- based on productivity, quality and ris- we only condemn ourselves to seeing novation and productivity. It can de- ing living standards, not competition some of NAFTA and other trade ar- liver higher quality goods and services based on exploitation and a race to the rangements worst consequences again. at better prices. Negotiated properly, bottom. Protection of basic labor What have some of those consequence trade agreements can help bring all rights, environmental, and health and been? Let me draw from a report issued these benefits to all trading partners in safety standards are just as important, by the respected Economic Policy In- a fair way. and just as valid, as any other commer- stitute. The report was issued in April My position is merely that Congress cial or economic objectives sought by of last year and is titled: ‘‘NAFTA at should exercise its proper role in regu- U.S. negotiators in trade agreements. Seven: Its Impact on Workers in all lating trade, which is what trade agree- We need to be encouraging good cor- Three Nations.’’ E.P.I’s study exam- ments do, so that the rules of inter- porate citizenship, not the flight of ined the effects of NAFTA seven years national trade reflect American values. capital and decimation of good-paying after it implementation and concluded That is how American can lead in the U.S. jobs. We ought not be pitting that in the United States: ‘‘NAFTA world. It is how America should lead in workers in Bombay against workers in eliminated some 766,000 actual and po- the world. Baltimore, making them compete tential U.S. jobs between 1994 and 2000 What are American values when it against one another to get a decent liv- because of the rapid growth in the U.S. comes to trade? We believe in generally ing. Giving them ultimatums to accept export deficit with Mexico and Can- open markets at home and abroad. But an unlivable wage, or else. It is our re- ada.’’ Minnesota, according to the re- we also believe there is a legitimate sponsibility in trade agreements to port, lost about 13,200 jobs due to the governmental role in the protection make the global trading system fair NAFTA related trade deficit. The re- and maintenance of certain funda- and workable. port went on to say that in the U.S. mental standards when it comes to It is the role of national governments ‘‘NAFTA has contributed to rising in- labor rights. There are certain funda- to establish rules within which compa- come inequality, suppressed real wages mental standards when it comes to the nies and countries trade. That is what for production workers, weakened col- environment. Standards when it comes trade agreements do. They set strict lective bargaining powers and ability to food safety and other consumer pro- rules. If a country does not enforce re- to organize unions, and reduced fringe tections. Fundamental standards when spect for patents, trade sanctions can benefits.’’ A second report released last it comes to democracy. be invoked. If a country allows viola- October argues that when you look at The question is how to pursue these tions of commercial rules, trade sanc- the combined NAFTA and WTO trade- values when we are negotiating trade tions can be invoked. You can bet that related job losses between 1994–2000, agreements. The Bush administration U.S. companies get right in the face of that number is over three million. Ac- believes that commercial property our negotiators to make sure that the cording to the report, Minnesota lost rights are primary in trade agree- rules in these agreements which pro- nearly 50,000 jobs. E.P.I also estimates ments, and should be enforceable with tect their interests are iron clad and that 5 to 15 percent of the decline in trade sanctions, and that environ- will be strictly enforced. Of course it is real median wages can be explained by mental and labor rights are secondary. one of the goals of trade agreements to the increase in trade. A majority of the Senate appears to advance the interests of U.S. employ- NAFTA also has not lived up to agree. I do not. I don’t believe most ers. But we are elected to help ensure promises regarding the environment or Americans agree with the President that those agreements allows trade to domestic areas such as food safety. Ac- and the majority of the Senate on this benefit the interests of a majority of cording to reports released by Public question. I believe, and I believe that Americans, not only those with signifi- Citizen, since the implementation of most Americans believe, that funda- cant commercial interests abroad. I NAFTA, U.S. food imports have sky- mental standard of living and quality- would go further and say that we also rocketed, while U.S. inspections of im- of-life issues are exactly what trade even have an interest in advancing the ported food have declined significantly. policy should be about. That is why interest of a majority of people in Public Citizen notes that imports of strong and enforceable labor rights, en- other countries. Development abroad Mexican crops documented by the U.S. vironmental, consumer, and human means more demand for products and government to be at high risk of pes- rights protections must be included in services that we produce. ticide contamination have dramati- all trade agreements, and as principle I believe our trade policy can achieve cally increased under NAFTA, while in- objectives in all trade negotiations. If those goals. I wish that we would more spection has decreased. It argues that trade agreements do not help to uphold often pursue them fully and in a bal- U.S. border inspectors have simply

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.048 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3535 been overwhelmed by the large volume minimum wage laws or even lower the Section 131 of the Uruguay Round of food imports entering the country minimum wage, and neither the U.S., Agreements Act, as amended, directs from Mexico. In a report from Sep- nor a worker who is affected, could the President to ‘‘seek the establish- tember titled: ‘‘NAFTA Chapter 11 In- bring a case for violation of the trade ment . . . in the WTO . . . of a working vestor-to-State Cases: Bankrupting De- agreement. I believe this provision party to examine the relationship of mocracy,’’ Public Citizen documents shows exactly whose interests this bill internationally recognized worker the frontal assault on American law by is meant to benefit, and it’s not the rights . . . to the articles, objectives, foreign investors using rights and working man. and related instruments of the GATT privileges given to them in the NAFTA And unfortunately, the drafters have 1947 and of the WTO.’’ Despite this agreement. It states that ‘‘since the not learned from the mistakes of the crystal clear mandate from the U.S. agreements enactment, corporate in- NAFTA agreement when it comes to Congress, the Bush Administration has vestors in all three NAFTA countries investor lawsuits. Just like under refused even to propose a working have used these new rights to challenge NAFTA, this bill does not forbid inves- party on worker rights at the WTO. as NAFTA violations a variety of na- tor lawsuits that challenge domestic U.S. Trade Representative Zoellick tional, state and local environmental laws on the grounds of expropriation— told the House Ways and Means Com- and public health policies, domestic ju- expropriation that is not even limited mittee on October 9th that such a pro- dicial decisions, a federal procurement to the long standing legal precedent posal ‘‘would kill our ability to launch law and even a government’s provision that it must involve more than just a the round . . . It has no chance whatso- of a parcel delivery services.’’ diminution in value or loss of profits. ever.’’ The truth is, the Uruguay Round Mr. President, our experience with Today, as we debate the motion to pro- Agreements did not ask the President NAFTA cannot be dismissed. It has ceed, a lawsuit is underway between a or his Trade Representative to evalu- contributed to a significant number of Canadian company and the U.S. gov- ate the potential success of seeking a job losses and the suppression of real ernment dealing with this very issue. working party; it said the President wages for production workers, who Under NAFTA, the Canadian company ‘‘shall seek’’ such a party. Why would make up 70 percent of the workforce. Methanex has sued the U.S. govern- we give this President authority to ne- Real wages have gone down in Mexico, ment for $970 million in future profits gotiate trade agreements on an expe- due to California’s banning of the too, despite the fact that some workers dited basis, with no amendments, when chemical MTBE, which Methanex pro- are performing high-skill, high-produc- it appears he already doesn’t follow the duces. Small leaks of MTBE from stor- tivity labor. Our trade balance has dra- instructions mandated by law from age tanks, pipeline accidents, and car matically worsened with respect to this body? accidents were found to have contami- Mexico. And a number of U.S. firms not This Administration has publicly an- nated 30 public drinking water systems only have used the threat of relocating nounced it will not enforce provisions in California. California banned the to Mexico to hold down wages, but negotiated in good faith by the Clinton chemical on safety grounds and now some have even closed part of all of a Administration in the Jordan Free we, the American people, are supposed plant in response to union organizing to re-imburse the company that made Trade Agreement. The Jordan agree- or bargaining. Violations of funda- the chemical for their lost profits? Ab- ment incorporated enforceable work- mental democratic principles, as well solutely not. ers’ rights and environmental protec- as of basic human and labor rights, In 2000, another Canadian company, tions in the core of the agreement sub- continue to occur regularly in Mexico. ADF Group Inc., filed a complaint ject to the same dispute resolution pro- And NAFTA’s side agreement has not using NAFTA’s Chapter 11 on invest- visions as the commercial aspects. Yet significantly improved Mexico’s envi- ment to challenge the federal require- in July, USTR Zoellick exchanged let- ronment, or that of the U.S. Mexico ment that U.S.-made steel be used in ters with the Jordanian ambassador to border region. all federally funded highway projects. the U.S., in which both pledged not to NAFTA is a bad agreement. But I The case both challenges federal pro- use trade sanctions to resolve disputes must also note briefly the tremendous curement policies and attacks a part of under the agreement. This effectively weakness of this fast-track bill itself. U.S. law that directly benefits Amer- gutted the path-breaking labor and en- The bill reported by the Finance Com- ican workers. Regardless of the out- vironmental provisions in the Jordan mittee requires only that trading part- come of this case, the fact that a pri- agreement, since they are the only pro- ners enforce existing labor and envi- vate company could use NAFTA to visions not also covered by WTO rules, ronmental laws. Nowhere in this bill challenge a popular domestic law that which authorize sanctions separately. does it state that parties must strive the U.S. has routinely tried to exempt Also, the draft ministerial WTO dec- to ensure that their labor and environ- from trade agreements, should trouble laration prepared for the next ministe- mental laws meet international stand- us all. The fast-track bill would do ab- rial contains no progress on workers’ ards. Nowhere in this bill do we de- solutely nothing to prevent more chal- rights whatsoever. There is not even a mand that countries make progress in lenges to our Buy America Law in the commitment for a formal cooperation protecting the rights of workers and future, and it would do nothing to agreement with the ILO, which would the environment. This is unacceptable. guarantee that trade agreements will be a very minimal step forward, yet the Have we learned nothing? Shouldn’t not be used to challenge laws we pass Administration has not publicly criti- we, at a minimum, require that coun- to protect our environment, public cized this aspect of the declaration. tries try to do better? health and safety, and our workers. The draft text of the FTAA, released The bill requires only that a country Proponents of fast-track argue that in April, also contains no language enforce its own laws as they stand these inadequate negotiating objec- whatsoever, not even as a proposal, today, and to add insult to injury, it tives will produce concrete gains in linking trade benefits to workers’ has a loophole that allows countries to protecting workers’ rights and the en- rights or environmental protection. If lower labor and environmental stand- vironment in future trade agreements, the FTAA negotiations continue on ards with impunity. It allows for notably the FTAA, the WTO, and pend- their current path, even the modest strong enforcement of the provisions ing agreements with Chile and Singa- workers’ provisions now included in on intellectual property and other pore. But the Bush Administration has the Generalized System of Pref- commercial rights, but then provides provided no basis for confidence that it erences—which currently applies to no adequate enforcement for violations is will willing to expend the necessary virtually every Latin American coun- of the labor and environmental provi- energy and political capital to actually try—will be rendered moot. In regard sions. In the real world, the effect of move workers’ rights and environ- to the on-going Chile and Singapore ne- weak labor standards coupled with no mental provisions forward in any of gotiations, the Bush Administration enforcement mechanism means that these arenas. In fact, every word and has apparently retreated from the Jor- while a U.S. company could easily action from the Bush Administration dan agreement commitments which bring a case against a country for not since it has been in office points to the were to be the baseline for the labor enforcing laws on copyright protection, contrary. It is simply untrustworthy and environmental provisions of any that same country could fail to enforce when it comes to trade policy. new agreement. It has also failed to

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.050 pfrm12 PsN: S30PT1 S3536 CONGRESSIONAL RECORD — SENATE April 30, 2002 bring forth any proposals on labor and All of this leads me to the final rea- secondary workers, including suppliers environment in the negotiations. Chil- son I oppose moving to the fast-track and downstream providers. For exam- ean negotiators have told reporters bill. It is obvious this nation has more ple, iron ore workers who faced layoffs that the U.S. is only asking for mone- urgent priorities than debating fast- because of increased steel imports tary fines to enforce labor and environ- track authority. America’s manufac- would be covered. TAA eligibility mental standards. This falls short of turing industry is in a deep, long-last- would also be expanded to include even the modest Jordan standard. ing crisis that threatens the future of workers affected by shifts in produc- It is clear this Administration has no American prosperity. Manufacturing tion, as well to those affected by in- commitment to labor rights or the en- job losses since July 2000 have totaled creased imports. It would increase in- vironment in its trade policy. In fact, 1.3 million. Manufacturing employ- come maintenance from 52 to 78 weeks; it doesn’t see them as fundamental ment peaked in March 1998 at 18.9 mil- substantially increase funds available principles necessary to achieve fairness lion, but since then has declined by for training; ensure workers who take in the global trading system—it sees more than 1.6 million jobs to a total of a part-time job don’t lose training ben- them as ‘‘potential new forms of pro- 17.3 million. Last year, total employ- efits; and increase assistance for job re- tectionism.’’ This is what USTR ment in manufacturing fell below 18 location. Zoellick said in a speech to business as- million for the first time since June The expanded program would link sociations in New Delhi last year. He 1965. From 1994 to the present, growing also told the audience: ‘‘We can work trade deficits have eliminated a net TAA recipients to child care and health cooperatively to thwart efforts to em- total of 3 million actual and potential care benefits under existing programs, ploy labor and environmental concerns jobs from the U.S. economy—nearly and provide assistance to recipients in for protectionist purposes.’’ 50,000 of those jobs in Minnesota, rep- making COBRA payments. When you Mr. President, we can not trust what resenting 2% of the state’s labor force. lose your job you lose your health in- this Administration says it will do Let’s be clear. This crisis is a result of surance, and unfortunately that often when negotiating agreements because a failure of economic and trade policy. means you lose your healthcare. While quite honestly, it doesn’t believe what We should be addressing this failure, I was in Minnesota last summer, I it is saying when it negotiates them. not granting fast-track authority for heard from working men and women Worker’s rights and protection of the major new trade negotiations. who had lost their jobs because of the environment in trade agreements are Domestic companies are hurting and economic downturn. In the fall I spoke secondary to commercial interests. Pe- domestic jobs are being lost by the to many who had become unemployed riod. They are secondary when it comes thousands because of unfair trading as a direct consequence of September to workers and the environment abroad practices not adequately curbed or 11th. Many of them told me that they and they are secondary when it comes punished by our domestic trade poli- were eligible for COBRA assistance but to workers’ and the environment here. cies. What’s perhaps most troublesome couldn’t afford it. The average cost of For example, we have watched work- is that the trade-related losses of the COBRA coverage for a family is $700, ers in the steel industry bear the brunt past decade happened during times of more than half the monthly unemploy- of ineffective trade policies and more economic prosperity so their effect was ment benefit. 80% of dislocated work- recently, inadequate trade remedies on masked. I think we are just starting to ers don’t purchase it because they the part of this Administration. Al- feel the real impact of this nation’s can’t afford it. They end up having to though the President’s recent Section misguided trade policies. And now the make an awful choice: the choice be- 201 decision brought relief to some seg- Administration wants even more au- tween food and clothes for their fami- ments of the United States steel indus- thority—fast track authority—to per- lies and having health insurance. This try, it did nothing for Minnesota’s Iron petuate these misguided policies? is unacceptable. We must provide as- Range—nor for the iron ore industry in Where are their priorities? Do they sistance to the unemployed to ensure Michigan. While the President imposed even recognize the needs of workers in they have affordable health insurance. a fairly significant tariff on every America? The TAA provision in this bill would other product category for which the We must address the condition of the recognize the special circumstances International Trade Commission ( ITC) American worker first. Trade Adjust- faced by family farmers, ranchers and found injury, for steel slab he decided ment Assistance is critical for thou- independent fishermen, and would seek to impose ‘‘tariff rate quotas.’’ This sands of American workers and their to provide assistance and technical brings us virtually no relief. families, and it should not be boot- support before they lose their busi- Nearly 7 million tons of steel slab strapped to a flawed, undemocratic bill nesses. It would provide wage insur- can continue to be dumped on our that will cause more long-term hard- ance for older workers and help com- shores before any tariff is assessed. The ship. I support the trade adjustment munities adjust to devastating job injury will continue. Moreover, already assistance portion of this bill. It will losses. Mr. President, entire commu- some of our trading partners—Brazil, provide important assistance that is nities are often affected by the closing for example—are angling for exemp- urgently needed. But, I believe we of one textile factory or steel mill. We tions that would drive the quota levels should address TAA separately, on its must coordinate federal assistance to even higher. And, frankly, I fear this own merits. these communities, help them develop Administration might listen too sym- Congress established TAA in 1962 to strategic plans following job losses, pathetically to such pleas. assist workers whose job loss is associ- and provide technical assistance, loans In fact, members of the Senate’s ated with an increase in imports. Steel Caucus recently received a letter Workers are eligible for up to 52 weeks and grants. warning of potentially devastating im- of income support, provided they are As of December, in Minnesota over pact of grants of exclusions awarded by enrolled in re-training. The program 3800 workers have applied for Trade Ad- the Administration. As the President also provides job search and relocation justment Assistance as a result of of the United Steelworkers of America, assistance. Despite low unemployment NAFTA. Entire companies have relo- Mr. Gerard, says, ‘‘It would be tragic if through the second half of the 1990s, cated to Mexico or Canada, or workers having traveled so far to provide the the number of workers eligible for TAA have been laid off do the increase in industry and its workers and commu- has increased. In 2000, approximately imports from those countries. We must nities desperately needed relief, that 35,000 workers received TAA benefits. guarantee that all Americans benefit the Administration now wasted this Unfortunately, existing TAA eligibility from trade by providing adequate trade opportunity by making unwarranted requirements have not kept up with adjustment assistance. But even that is exclusions at the behest of our trading the changing times. TAA covers too not enough. We must protect the partners.’’ few workers and fails to address major standard of living and quality of life of Frankly, the commitment to protect problems that workers and commu- the American worker. We must address domestically produced iron ore and the nities face. The TAA provision in this decline in real median wages and the blast furnace capacity to process that package would help change that. weakening of workers rights in this iron ore is shockingly absent. We must It would broaden eligibility and ex- country. And we must do so before we remain vigilant. pand benefits, providing benefits to even think about fast-track authority.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.051 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3537 Why is it, for example, that we are negative impact on jobs, employment, people are demanding that trade be proceeding to debate the need for expe- or inflation. Rather, in the three years more than the simple movement of dited review of trade deals this Admin- since the last minimum wage increase, capital. They are demanding that it be istration negotiates when we have yet the economy experienced its strongest more than the protection of intellec- to address the long over-due increase in growth in over three decades. Nearly 11 tual and investor property rights. They the federal minimum wage. Have we million new jobs were added, at a pace are demanding more than what we see considered the irony of this? Expedited of 218,000 per month. in this fast-track bill. My position on review of trade agreements that cause Nearly 9 million workers would di- trade agreements is their position. It is us to lose jobs, that undermine worker rectly benefit from the proposed min- not ‘‘no, never.’’ It is ‘‘yes, if.’’ Yes to safety and security around the globe, imum wage increase, many of whom trade agreements if they protect de- before we debate a paltry $1.50 increase are raising children. Thirty-five per- mocracy, human rights and inter- in the minimum wage over three years? cent of these workers are the sole earn- nationally recognized labor rights; yes Poverty has nearly doubled among ers for their families. Sixty-one per- to trade agreements if they guarantee full-time, year-round workers since the cent are women. Sixteen percent are minimum safeguards for the environ- late 1970s—from about 1.3 million then African American and twenty percent ment; yes to trade agreements if they to 2.4 million in 2000. There are mil- are Hispanic American. do not abandon family farmers to com- lions of mothers and fathers toiling 40 Finally, since a minimum wage in- petition from export-oriented mega- hours a week, 52 weeks a year, who are crease goes to families who need every farms abroad operating free from any still unable to meet their families’ dollar for basic needs, raising the wage environmental regulation; yes to major basic needs—food, medical care, hous- will provide a much-needed spur to our trade agreements if they do not dis- ing, clothing. More than 32 million peo- slowly recovering economy. Fifty-eight place thousands of workers without ple in this country—more than 12 mil- percent of the benefit of the 1996 and any adjustment assistance. I oppose lion of those children—were poor in 1997 increases went to families in the this motion to proceed and I will op- 1999. bottom 40% of income groups. Over pose the bill when it comes to the A key part of the problem is an unac- one-third of the benefit went to the floor. To reiterate, Article I, section 8 ceptably low minimum wage. Minimum poorest families, those in the bottom of the Constitution says it is not the wage employees working 40 hours a 20%. President but the Congress that shall week, 52 weeks a year, earn only $10,712 A fair increase in the minimum wage regulate commerce with foreign na- a year—more than $4,300 below the pov- is long overdue. This body should not tions. I am not willing to shirk my respon- erty line for a family of three. The cur- be proceeding to this wrong-headed fast sibility of being a part of shaping a rent minimum wage fails to provide track measure at all. But at the least trade policy that can dramatically af- enough income to enable minimum we should not be doing so in advance of fect the quality of lives of families and considering a minimum wage increase wage workers to afford adequate hous- people I represent in Minnesota. I do to correct some of losses suffered as ing in any area of this country. not understand how we could agree to a Mr. President, every day the min- the result of our shameful inaction in fast-track procedure whereby we could imum wage is not increased it con- the past. No one who works for a living have a trade agreement which would tinues to lose value, and workers fall should have to live in poverty. I oppose the motion to proceed to entail actually changing some of our farther and farther behind. Minimum domestic laws that deal with consumer fast-track authority for all the reasons wage workers have lost all of their protection, that deal with worker I have laid out here today: the fast gains since we last raised the minimum rights, that deal with a whole range of track mechanism is undemocratic, it is wage in 1997. issues, and that we basically surrender Today, the real value of the min- unlikely I will be able to support trade our rights to have the opportunity to imum wage is now $3.00 below what it agreements negotiated under fast- have an amendment considered on the track authority given the consequences was in 1968. To have the purchasing floor of the Senate. It makes no sense of past trade agreements, the track- power it had in 1968, the minimum whatsoever. wage would have to be more than $8 an record of this Administration so far, This legislation locks us into fast- hour today, not $5.15. Since 1968, the and the text of the Trade Promotion track rules now for debates and votes ratio of the minimum wage to average Authority Act, and I believe is irre- we will have later. The administration hourly earnings dropped from 56% to sponsible to discuss fast-track author- is talking about agreements with Chile 36%. ity before addressing the urgent needs and Singapore, the Free Trade Agree- Members of Congress acted to raise of workers in this nation. ment of the Americas. In other words, their own pay by $4,900 last year—the I know that I am not alone in my op- we are deciding now whether to estab- fourth pay increase in six years. Yet we position to fast-track authority. And I lish special and highly restrictive rules have not found time to provide any pay know that proponents of it will try to which will govern our debate on votes increase to the lowest paid workers, an cast this debate as one of protection- on pieces of legislation, votes that will increase that would add $3,000 to the ists versus free traders. Nothing can be take place later; an expedited schedule, income of full-time, year-round work- farther than the truth. The debate no amendments, a limited number of ers. Don’t those who are most vulner- today is one of free trade versus fair debates. I don’t understand it. able in our society, those who are abso- trade. I know the difference. The Amer- We can have trade legislation with- lutely struggling to make ends meet, ican people know the difference. The out this procedure. With fast track, those who every day are forced to debate today is about the responsi- any kind of trade agreement can come choose between food, clothing, shelter, bility of this nation to ensure justice to the Senate floor. It can affect envi- or health care for their families, don’t in the global trading regime, to ensure ronmental laws that we pass in our they deserve the modest increase in the democracy, human rights and all the States—in Delaware, in Minnesota. It minimum wage that is proposed in the values that make this nation great are can affect food safety legislation that legislation that has been stalled for far not swept aside in the name of trade we might pass in our States or pass in too long. promotion. And it is about ensuring the Congress. It can overturn and de- A gain of $3,000 would have an enor- the American worker is not swept clare trade illegal. It can be a trade mous impact on minimum wage work- under the rug in the name of free trade. agreement that we make with different ers and their families. It would be Mr. President, Americans and espe- countries, that further depress wages enough money for a low-income family cially the American worker, under- in our country. That means many of three to buy: over 15 months of gro- stand the link between promoting working families will lose their jobs. ceries; over 8 months of rent; over 7 human rights and democracy and pro- That means no respect for basic child months of utilities; or put a family moting free trade. In fact, they demand labor rights. And where there is no re- member through a 2-year community that link. We have seen it in the street spect for human rights, there is no re- college program. of Seattle, Washington; Genoa, Italy; spect for democracy. History clearly shows that raising and just two weeks ago here in Wash- All of that can happen, and we are the minimum wage has not had any ington, DC. At the grassroots level, going to say through this legislation

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.053 pfrm12 PsN: S30PT1 S3538 CONGRESSIONAL RECORD — SENATE April 30, 2002 that we forfeit our right as Senators to In greater Minnesota they were shut right to vote. And then workers orga- represent people in our States and try down and lost $20-an-hour jobs with nized for an 8-hour day and 40-hour and amend these agreements so we can health care benefits. week, and then other citizens, the provide protection for the people we LTV’s iron ore workers—slab steel is farmers and Populists alliance, said: we represent? I say to colleagues, on prin- coming in, produced way below the want some antitrust action; these ciple alone, I oppose this. cost of production, and 1,300 workers trusts are destroying our lives. And By the way, I opposed the Demo- are out of work, having lost well-pay- there was the Sherman Act and Clay- cratic administration. It is not a mat- ing jobs with good health care benefits. ton Act, and then other people said: we ter of politics. I oppose any President Apparel workers, textile workers, want direct election of Senators. having this authority. I don’t believe auto workers continue to lose their There was a group of citizens who in we should give up what is not only our jobs. In all due respect, we are sup- a democracy demanded what they as constitutional right but our responsi- posed to be the party that represents citizens in a democracy had the cour- bility as legislators. working people. We are supposed to be age to demand, which was: As we move Robert Zoellick discussed why he the party for jobs. I fail to see how we from an agrarian to a national econ- needs fast track: If I am pressing my live up to this responsibility by signing omy, make that national economy counterpart to go to his bottom line, on to a trade agreement where we do work not just for these huge compa- he or she will balk if they feel the Con- not even have the right to offer amend- nies, but for all of us, for our families gress has the ability to reopen the deal. ments. and our children. My counterparts fear negotiating once These companies say to workers in Now we are in the 21st century. What with the administration and a second this country: if you do not give up we are saying is, with this new inter- time with the Congress. some of your health care benefits, or if national economy, can’t we make sure From the floor of the Senate, I say you do not agree to keep your wages that this new economy works not just for Mr. Zoellick, without acrimony, we down, we are gone. They do not say to for large multinational corporations? have a system of checks and balances. workers in Minnesota: we are going to Can’t we make sure that this new We have three branches of Govern- North Carolina. They are leaving North international economy works for work- ment. As a matter of fact, during the Carolina, too. They are saying to ers—workers here and workers in de- decade of the 1990s, we negotiated close American families: we are gone. We are veloping countries? Can’t we make sure to 200 trade agreements only two of going abroad. We are going to Juarez, it works for the environment and which used the fast track procedure. I or Singapore, or wherever. We are works for human rights and democ- have a list of them. The list goes on going to Vietnam. We are going to racy? It breaks my heart that we are told and on and on. Cambodia where we can pay people 30 we can lead, but we can’t lead with Let me make a second point, which is cents a day; we can hire little children; American values. What we are hearing more hard hitting. When I look at past we can work them 18 hours a day; we from the administration and some of trade agreements and some of the em- can imprison people if they try to orga- the proponents of this is: We have to do pirical evidence, I don’t want to give nize and form a union, and we can tor- this. We have to lead. But we dare up my right to amend future trade ture people and violate people’s human not—and believe me, I will have an agreements which I think will have the rights. There are some 70 governments amendment on the floor that will do today in the world that systematically same detrimental or an even more det- this—we dare not tie this to human rimental effect on families in the State practice torture. Then, what these companies say to rights or democracy. There cannot be of Minnesota or, for that matter, any mention of human rights or de- these countries is: OK, we will come to around the country. mocracy in any of these trade agree- your country, but if you dare ever pass Let’s just take NAFTA. The Eco- ments. We are asked to lead, but not legislation allowing people the right to nomic Policy Institute, a highly re- lead with our values. We are asked to organize and bargain collectively, then spected think-tank, issued a report last lead, but not stand for human rights. we will leave, or we will not come. You year entitled ‘‘NAFTA At Seven: Its We are asked to lead, but not stand for had better not have any environmental Impact on Workers in all Three Na- democracy. As a first-generation Amer- standards that make it hard on us, or tions.’’ The report says: ican, the son of a Jewish immigrant then we will not stay. You had better NAFTA eliminated some 766,000 actual and who fled persecution from Russia, I re- not pass any laws that protect little potential U.S. jobs between 1994 and 2000 be- ject that proposition. cause of the rapid growth in the U.S. export children so they don’t have to work 18 There is much I could say that is deficit with Mexico and Canada. hours a day at age 11, or we will not in- more technical, and I will as we get to Minnesota lost 13,200 jobs due to the vest in your country. amendments, but I have one other NAFTA-related deficit. We are given all these arguments question. Why are we on this legisla- The report went on to say that in the about how we should be international- tion? How about first raising the min- United States: ists. I am an internationalist. My fa- imum wage? In the coffee shops of Min- NAFTA has contributed to rising income ther was born in Odessa, Ukraine. My nesota, when I walk in with Sheila and inequality, suppressed real wages for produc- father’s family moved to stay one step have a cup of coffee and a piece of pie, tion workers, weakened collective bar- ahead of the pogroms. He moved to Si- people don’t say: Are you going to get gaining powers and ability to organize beria in czarist Russia and then came unions and reduced fringe benefits. to fast track? People talk to me about here at age of 17. He fled czarist Russia. wages. They talk to me a lot about A second report released last October There was a revolution. He was going education. argues that when you look at the com- to go back, and his parents told him: How about a debate about when we bined NAFTA and WTO trade-related Don’t come back, the Communists have are going to fully fund special edu- job losses between 1994 and 2000—and I taken over, Kerenski is out and Lenin cation and live up to our commitment? voted for neither agreement—the num- is in. He never saw his family again, The Presiding Officer, as a former Gov- ber is over 3 million. According to that and they, in all likelihood, were mur- ernor, knows what that is all about in report, Minnesota lost 50,000 jobs. The dered by Stalin. Delaware. EPI estimates that 5 percent to 15 per- My father spoke 10 languages flu- How about a debate about affordable cent of the decline in real median ently. I don’t. But I am an internation- prescription drugs for seniors, and for wages can be explained by this increase alist. That is not the issue. others as well? We should be able to re- in trade. I know we are part of an inter- import drugs from Canada. Farmers What are we saying? I will tell you national economy. I just want to ask, and consumers should be able to re- something about potash workers. I was are there not any new rules that go import drugs back from Canada, if they in Brainerd. It is so heartbreaking that with this? Just as 100 years ago when have met all their FDA requirements. 700 workers are out of work. When I we moved from a farm economy to a It helps not only senior citizens but all called the CEO, he said to me: Senator, national economy to more of an indus- of our citizens. we can deal with any of the U.S. com- trial economy—remember what hap- How about going from $5.15 an hour panies. We got killed by trade policy. pened? The women said: We want the which, if it kept up with inflation,

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.064 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3539 would be $8 an hour—$1.50 over the the table. Forgive me. I wouldn’t do it I am the beneficiary of the National next 3 years? for this President. Defense Education Act, which was a In the State of Minnesota, to be able I don’t see that this administration low-interest rate loan, and I only had to afford housing at minimum wage, is at all committed to raising the min- to pay half of it back because I went you would have to work 127 hours a imum wage, or to making sure people into teaching. week. There are not 127 hours in a have the right to organize and bargain We should be going in the direction week. It is just unbelievable. We are collectively for labor law reform, or, of more affordable higher education— the Democratic Party. I am, today, for that matter, to protecting against not less affordable. speaking for the Democratic wing of repetitive stress injury, and to ensur- I think the bind this administration the Democratic Party. Housing? In the ing a safe workplace. is in with their proposal is they are State of Minnesota now, in the metro I don’t think there is a great com- trying to figure out ways of supporting area, you will be lucky if you get a mitment on the part of this adminis- the Pell Grant Program because so far two-bedroom apartment for under $900. tration on behalf of the environment, in their budget they don’t have the Childcare? If you had a 2-year-old and consumers, or ordinary people who do support for it and the ability to find 3-year-old, you would be very lucky if not have all the capital and who make other pots of money. your expenses were less than $1,000 a the huge contributions. I don’t see a This is sort of an unconscionable month. whole lot of commitment. tradeoff. This is not the way we get Of course, childcare workers make $6, Now we are going to give this admin- more funding for Pell grants or other $7, or $8 an hour with no health care istration fast-track authority? I didn’t worthy programs—basically by se- benefits. You can’t support yourself on vote to give it to the last administra- verely undercutting students’ abilities minimum wage. If you are a single par- tion. We can’t come out here with an to be able to combine their loans and ent, that takes almost all of your in- amendment to try to make things bet- pay a lower rate of interest. come. It doesn’t even meet the ques- ter. We can’t fight to represent the This is really anti-education. Frank- tion of health care costs, food, trans- people back in our States. And the ly, it is anti-student. I want the higher education commu- portation, and maybe once in a blue trade agreements that I have seen so nity in Minnesota to know that is why moon to go to a movie, or go out to far—every single one—do not represent I came to the floor. I am adamantly op- eat. fair trade. They don’t have child labor posed to this policy. I join the ranks of Why aren’t we focusing on the basic standards. They don’t have basic other Senators—Democrats and Repub- concerns of working families? I make human rights standards. They don’t licans alike—in opposition. this appeal on the floor of the Senate. have any standards for protection of I think for many middle-income fam- Why aren’t we talking about raising the environment. At the end of the ilies higher education ranks right up the minimum wage? Why aren’t we day, there are depressed wages for there as one of the huge issues. It is talking about minimum wage jobs? workers not only in our country but in very important. Why aren’t we talking about affordable the developing countries as well. I I imagine that back in my State— prescription drugs? Why aren’t we think we can do better. and other Senators and Representa- talking about health security for all? I yield the floor. tives will be doing the same thing—I Why aren’t we talking about how to I suggest the absence of a quorum. will be having some meetings with stu- meet these exorbitant health care ex- The PRESIDING OFFICER. The dents. Unless I am wrong, I think we penses that small businesses can’t clerk will call the roll. will see a tremendous reaction, a lot of meet? Why aren’t we talking about The legislative clerk proceeded to organizing, and a lot of insistence that what we are going to do as more and call the roll. the administration change this policy. more of our neighbors, parents, or Mr. WELLSTONE. Mr. President, I I am on the floor of the Senate today grandparents live to be 80 and 85 to ask unanimous consent that the order to call upon the White House to basi- make sure they can stay at home and for the quorum call be rescinded. cally back away. They are going in the live at home with dignity and not be The PRESIDING OFFICER. Without wrong direction. They are going to forced to go to nursing homes? Why objection, it is so ordered. really feel the political heat. You aren’t we talking to our health care INTEREST RATES FOR STUDENT LOANS should really feel the political heat. providers and to our physicians about Mr. WELLSTONE. Mr. President, I This is the bind we are in. All of adequate Medicare? Why aren’t we have not had a chance to review the these worthy programs are on a colli- talking about how we can have more specifics of the President’s proposal. sion course with the tax cut. Let us support for nurses and attract more Jill Morningstar works for me on edu- have tax cuts. Let us do some of it, but teachers? Why aren’t we talking about cation. She gave me a briefing last there has to be balance. retaining more teachers? Why aren’t night, which I haven’t had a chance to We have done so much by way of tax we talking about doing more for K–12? read. cuts. Now they want to make these tax Why aren’t we talking about affordable As I understand it, the administra- cuts permanent. We no longer have rev- higher education, how we can make tion is now basically proposing that enue when it comes to affordable high- sure that every child by kindergarten students will not be able to consolidate er education, prekindergarten, welfare knows how to spell his names, knows some of their students loans in order to reform, money for childcare, money for the alphabet, the colors, the shapes, lower the interest rates and give them TANF, affordable housing, special edu- and the sizes when they are ready to go a break on interest rates. cation, title I, support for COPS, sup- to school? I want to say to the White House port for firefighters assistance grants, Why in the world are we not focusing that this is a true no-brainer; that is to and more research for all kinds of dis- on these issues that are so important say, it is a nonstarter. abling diseases and illnesses. to the vast majority of the people we I think the more the administration So many people in the last couple of represent? hears from higher education students days have come from our State asking Why are we talking about fast track? in the State of Minnesota and around about money for Alzheimer’s, diabetes, Why are we calling upon all of us to the country, the more they are going Parkinson’s, mental health, and on and give up our constitutional authority to to realize that it is not true that these on. The money isn’t there. This is one amend trade agreements; to give up students when not in school are trav- little example. our responsibility to represent the peo- eling around the swank ski resorts or I come to the floor of the Senate to ple back in our States in case these playing on all the swank golf courses make clear my opposition to the direc- trade agreements are antithetical to because they have a ton of money. It is tion the administration is going. I call their rights as workers, or to their en- not true. If they are 18, 19, and 20, on students to organize for higher edu- vironment, or to their safety, or to many of them are working several jobs cation to make sure their voices are their children; or to the rights of con- 30 hours a week. Many of these stu- heard. I think the administration needs sumers? dents in my State—I bet in Delaware, to hear from you because they are I wouldn’t do it for any President. too—are in their forties and fifties and about to make it harder for you to af- Why don’t I just lay my cards out on are going back to school. ford your education. That is a distorted

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.066 pfrm12 PsN: S30PT1 S3540 CONGRESSIONAL RECORD — SENATE April 30, 2002 priority. We ought not be making it between the United States and the An- not only renew these trade benefits; harder for men and women—whatever dean region, and as an important tool the time has come to expand them. their age—who want to pursue higher in our global war on terrorism. The Andean landscape was noticeably education. It makes no sense whatso- What are some of the consequences of changed in the year 2000 with the pas- ever. inaction? sage of the Caribbean Basin Trade I yield the floor. I suggest the ab- The expiration of the ATPA is having Partnership Act. That legislation pro- sence of a quorum. an immediate and negative impact on vided the Caribbean nations significant The PRESIDING OFFICER. The the export industries that have blos- new trade benefits, essentially parity clerk will call the roll. somed under the benefits of this pro- with the benefits which Mexico has re- The legislative clerk proceeded to gram, as well as industries that sup- ceived under the North American Free call the roll. port this trade. Trade Agreement Act. But in helping Mr. GRAHAM. Mr. President, I ask In February of this year, 2 months the Caribbean Basin, we have inadvert- unanimous consent the order for the after the ATPA had expired, I re- ently hurt the Andean region. quorum call be rescinded. quested that the administration grant The Andean apparel industry is tiny The PRESIDING OFFICER (Mr. a deferral on the collection of those ad- in comparison to the apparel industry JOHNSON). Without objection, it is so ditional duties which came due as a re- in Mexico and the CBI countries. Of ordered. sult of the expiration of the ATPA. these three preferential trade arrange- Mr. GRAHAM. Mr. President, I rise The President, in my judgment, ments in the Western Hemisphere, this afternoon to express my strong agreed and used the administrative NAFTA accounts for approximately 55 support for the motion to proceed to power to postpone the collection of percent of U.S. apparel imports. CBI the Andean Trade Preference Act. those additional ATPA duties for 90 has a 41-percent share. The Andean Since 1991, the Andean Trade Pref- days with the expectation that Con- Trade Preference Act countries provide erence Act has helped the countries of gress, during that period of time, would only 4 percent. the Andean region—Bolivia, Peru, Ec- renew and extend ATPA. Despite its small share of our im- uador, and Colombia—to more than That period of deferral is almost ports, the U.S. market is the recipient double their exports to the United over. The 90-day clock runs out on May of over 90 percent of the Andean coun- States, to nearly $2 billion in the year 16. If we have not completed all the tries’ apparel exports, so it is a small 2000. work needed to pass this legislation percentage of our imports of apparel At the same time, exports from the into law by then—including passage by from the Western Hemisphere. But our United States into the Andean nations the Senate, a potential conference market is an extremely significant eco- saw a 65-percent increase between 1991 committee with the House of Rep- nomic opportunity for these four coun- and 1999. resentatives to resolve what differences tries. If Congress does not level the Colombia, Bolivia, Ecuador, and Peru might exist, and final signing into law playing field between ATPA and the have not only increased their exports, by the President—if we do not do all of Caribbean Basin, the potential job loss they have accomplished another impor- those acts by May 16, the U.S. Customs is tremendous. Colombia alone stands tant objective to them and to the Service will start sending out bills for to lose up to 100,000 jobs in just the ap- United States; and that is, they are de- duties which would then be due and parel sector. As I will indicate later, veloping new, nontraditional sectors of payable. there are already early indications of a their economy. They are developing le- These bills will be steep for both im- significant relocation of the apparel as- gitimate commercial exports as alter- porters and their customers. An exam- sembly industry from the Andean trade natives to the illicit drug trade which ple: Annual imports of flowers totaling area to CBI or Mexico because of the has so bedeviled these countries in the $400 million from the region are liable some 8- to 10-percent competitive ad- recent past. This has been a huge ben- for duties of up to 6.8 percent. Exam- vantage which Mexico and the Carib- efit not only to the four countries of ple: Annual imports of asparagus worth bean now have over the Andean region the Andean region but to the United $50 million will get an additional 20- as it relates to the export of finished States as well. percent tariff. Example: Leather hand- apparel products. Today, as an example, 85 percent of bags and luggage imports of $20 million U.S. imports of apparel from Colom- Colombia’s cut flowers go by export to a year are subject to a 10-percent tariff. bia in 2001 were down 18 percent over the U.S. market. In fact, these flowers Example: Imports of precious metal the year 2000. Total apparel exports to alone account for 80 percent of the air jewelry, worth $140 million a year, will the United States from the Andean re- freight between the United States and face up to 7-percent duties. gion were down over 11 percent for the Colombia. I know the Presiding Officer is a car- same timeframe. In Peru, the asparagus industry has ing man and probably—I would say no As a result, U.S. exports of cut pants served as an example of what an alter- doubt—gave to his wife, maybe to his to be assembled into apparel in the An- native crop production can achieve—an mother as well, beautiful flowers for dean countries was also down but down alternative to illicit coca production. Valentine’s Day and is preparing to do by an average of over 33 percent. This Asparagus, growing in Peru, now em- the same for Mother’s Day. Chances reduction in exports, which support the ploys 40,000 people in a legal agricul- are great that those flowers he has and apparel industry, illustrates how the tural enterprise. will provide to his loved ones came lack of trade benefits clearly hurts In spite of this progress, regrettably, from an Andean country. And the risk both the United States and the Andean the ATPA expired last year on Decem- of applying these additional tariffs to countries. ber 4, its 10th birthday. It is in the na- the two most significant days of the We must create a business climate tional interest of the United states of year for the sale of flesh cut flowers, that can provide Andean citizens an al- America, as well as the national inter- Valentine’s Day and Mother’s Day, rep- ternative to illegal industries. Pro- est of the four nations of the Andean resenting 50 percent of the total cut moting legitimate economic develop- region, that this Congress act now to flower imports, will be enormous. ment rather than leaving these coun- restore and enhance this highly suc- Because of the temporary extension tries at a competitive disadvantage cessful program. of ATPA, only the tariff duties have with their near hemispheric neighbors, The House has already done so. In been deferred. Growers will still be re- especially in highly mobile industries December of last year, it passed its sponsible if the renewed ATPA fails to such as apparel, is a critical goal of version of Andean trade preference re- become law by May 16, only 4 days this ATPA legislation. newal and expansion. It is time for the after Mother’s Day. On top of that, if If we are successful in our counter- Senate to do the same. you send those flowers for Mother’s narcotics efforts in Colombia alone, it Why is this legislation important? Day, they will probably cost you about is estimated that there will be a quar- And why is it important now? $6 more just because we have allowed ter of a million people out of work. A I suggest three reasons: the grave ATPA to lapse. quarter of a million people in Colombia consequences of inaction, the oppor- With the proven, positive economic earn their living in the elicit drug tunity to strengthen the partnership returns of the current ATPA, we must trade. It is our national policy and goal

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.069 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3541 to try to eliminate that elicit drug where it was assembled into this golf What this all means is apparel manu- trade. As part of that strategy, we have shirt. This shirt from China was made facturers are substituting U.S. fabric a role to play in developing legal alter- from Chinese cotton, converted into and yarn for foreign inputs, proving native jobs for those people who we textile in a Chinese textile factory, and that the partnership between the U.S. hope will lose their jobs in coca produc- then assembled by Chinese workers. textile and yarn producers and the Car- tion and trafficking. That is a significant part of the rea- ibbean assembly operators is working. It is ironic that at the same time we son, even though this had to come half- That is the same result we hope to are asking the region to eliminate an way around the world; whereas the one achieve in the Andean region. If we can illegal industry that contributes al- from Nicaragua only a few hundred make importing our fabrics more af- most 5 percent of its gross domestic miles, and the shirt from China costs 10 fordable, based on trade benefits and product, we have created an environ- percent less to produce than did the reduced tariffs, then American jobs ment which makes it more difficult for shirt from Nicaragua. How has this im- will be saved. those same countries to retain legiti- balance been maintained? It has been But passing trade preference legisla- mate industries. maintained because the United States, tion is only part of the equation for It is imperative that we correct that as part of what is called the Multifiber making the apparel sector more effi- inequality now and send a strong sig- Agreement, sets an annual limit on cient within our hemisphere. There nal with a renewed and expanded Ande- how much product of a particular ap- must also be comprehensive implemen- an Trade Preference Act. parel can be exported into the United tation of both the letter of the law and I have been talking about some of the States. the spirit behind it. Legislation ex- immediate and microconsequences of As an example, under current agree- panding CBI in 2000 was a good exam- inaction by the Senate. There are ments, China is limited to exporting ple. Congress expanded the trade bene- macroconsequences as well. As you can 2.374 million dozen golf shirts to the fits for apparel assembled in the region see in the chart I have brought, the An- United States per year. That restric- from U.S. yarn and fabric. But there dean region is bordered on the north by tion on the amount of product that can are still many more hurdles to clear Venezuela and on the south by Argen- be exported to the United States is a before the region will be an efficient tina. Venezuela, as evidenced by events significant reason the partnership of manufacturer of apparel—efficient in in recent days, is facing an increas- the United States growing the raw ma- terms of our ability to compete with ingly volatile and unstable political fu- terial, converting it into clothing ma- Asian manufacturers. ture. To the south, in Argentina, the terial, then shipping that to a Carib- Secretary of Commerce Don Evans economic situation is still reeling. bean, Mexican, or Andean assembly has taken the lead in coordinating the Without active U.S. involvement in the factory for final conversion into the administration’s long-term implemen- region, the Andean nations could share wearable product has been able to sus- tation of the Caribbean Basin Initia- tive. Last year, the Department of the same fate as their northern and tain itself. southern neighbors. In the year 2005, the Multifiber Commerce canvassed its overseas post Our Andean neighbors are trying des- Agreement goes out of effect. In the in the Caribbean to identify other prob- perately to keep their houses from next 3 years, the apparel industry in lems that are holding the countries catching fire. the Western Hemisphere must get sub- back from more efficient production. But the houses on both ends of the stantially more efficient in order to The Department’s exports identified block are already in flames. The ATPA compete with China and the other issues such as poor transportation sys- duty preferences expired, and the Ande- major Asian producers, which will like- tems, high energy costs, unreliable en- ergy supply, and the unpredictable an countries are fighting that fire with wise come out from under the restric- business climate as obstacles to great- water through buckets. We need a re- tions of the Multifiber Agreement in er efficiency in the Caribbean assembly newed and expanded ATPA to give 2005. Failure to become much more ef- them a big firetruck with a steady and industry. ficient, in my judgment, puts the whole This year, the Department of Com- reliable stream. We are sending exactly partnership of U.S. agriculture, U.S. merce has assembled an initiative to the wrong signal to our neighbors if we textile, and Caribbean, Mexican, or An- begin tackling some of these problems. do not take active steps at this pivotal dean assembly in serious jeopardy. When we pass Andean trade preference time. The assembly operations in this enhancement—and I am very opti- The second reason this is important hemisphere, under our law—including mistic that we will—there must be a is the building of partnerships between the law we are now considering extend- similar effort to assure that not only the United States and the Andean re- ing—must use U.S. fabric and yarn, buy are the trade benefits implemented but gion. While the clock is ticking on U.S.-made sewing machines and equip- the region, as a whole, is prepared to Congress to act on ATPA legislation, ment, and use U.S.-grown cotton and meet the challenges of the sharply in- there is another clock ticking in the other fabric materials. If these indus- creased competition it will face in the Andean region and the Western Hemi- tries do not become more efficient in post-2005 world. sphere, including the United States, in the Andean region, the Caribbean, and The third and final reason I think the area of apparel production. For Mexico, they will lose out in global this is important—and important now, many of the largest apparel as- competition to Asia. Then, American now—is the role that this legislation sembly countries in Asia have been at raw materials and equipment, and will play in our effort to combat nar- a comparative advantage in the pro- some 40,000 to 50,000 Americans who are cotics and counterterrorism. The duction of apparel. As an example, involved in producing the material ATPA is more than just good trade pol- these two golf shirts, sold by the same that goes into these garments that are icy. The ATPA is a key tool in fighting company, same label, same color, assembled within the hemisphere will our Nation’s war against terrorism. would be considered identical. There is all be completely out of the picture. Recently, the Director of the CIA, a difference. If you look inside the one, With the enhancement of the Carib- Mr. George Tenet, came before the Sen- you will see that it was made in Nica- bean Basin Initiative in 2000, fabric ex- ate Select Committee on Intelligence, ragua; the other was made in China. ports to Caribbean nations from Amer- of which I am privileged to be the Other than that, they are identical. ica, or assembly of apparel items, rose Chair, and said Latin America is ‘‘be- One other area in which they are dif- 170 percent since 1999. coming increasingly volatile as the po- ferent—they both sell for approxi- Last year, the United States ex- tential for instability there grows.’’ mately $20—is the shirt that is made in ported $3 billion in cut parts to Carib- One reason he cited was the sluggish, Nicaragua costs 10 percent more to bean nations, which supported some oftentimes downward spiraling econ- produce than the shirt made in China. 60,000 jobs in the United States, 40,000 omy in Latin America. What was the The shirt made in Nicaragua started as to 50,000 of which were in the textile in- other reason? Terrorism. cotton grown in a U.S. field. That cot- dustry. This increase in cut parts ex- Some of the worst terror and vio- ton was then made into the material ports came despite an overall decline lence in the world is happening in the from which this shirt was made. That in U.S. exports of finished apparel from Western Hemisphere. In Latin Amer- material was then sent to Nicaragua, CBI countries. ica, the evil hand of terror has become

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.072 pfrm12 PsN: S30PT1 S3542 CONGRESSIONAL RECORD — SENATE April 30, 2002 an everyday reality for too many. In ideological guerrillas who had become Madam President, the Senate is em- Colombia, for example, paramilitary the Al Capones and now were becoming barking on a historic debate, one in forces linked to the drug trade have in- drug traffickers. which we have the opportunity to ex- stilled fear through random The motives of those who commit pand economies, promote job creation, kidnappings and bombings. A statistic violent acts throughout the world are and reduce poverty, in the United which I think would stun most citizens variant, but one thread is predominant States and around the world. As we of the United States is this: In the year in nations plagued by terrorists: An consider this package of trade bills and 2000, of all the worldwide incidents of economy unable to provide hope or a debate whether to grant the President terrorist attacks against United States legitimate means for the people to earn trade promotion authority, I hope we citizens and United States interests, a living. In Colombia, this condition is remain focused on the big picture. Both over 44 percent of those worldwide ter- fed by the illegal businesses that are collectively and individually, these rorist attacks against Americans oc- the root of violence: Drug cultivation bills promote the expansion of global curred in a single country, Colombia. and smuggling. free trade and the prosperity that at- Today in Colombia there is no sub- The recent escalation of tensions in tends it. stantial difference between one who is Colombia magnifies the urgency of Since the end of World War II, the a drug trafficker and one who is a ter- America’s involvement in helping to United States has served as a global rorist. Recent events, such as the in- sustain South America’s oldest democ- leader and champion of free trade. Re- dictment in a United States court of racy, Colombia. At the same time, grettably, a recent surge of protec- four members of the primary terrorist Peru, Ecuador, and Bolivia are also tionism, often driven by special inter- organization in Colombia, known by vulnerable to the surge of the illicit ests that care nothing for the welfare the name of FARC, on drug charges, narcotics trade as they have developed of the average American consumer, has confirm this trend. alternative business programs. severely handicapped our leadership. In the early days in the Andean re- Fifteen years ago, most of the co- Major U.S. trading partners doubt our gion the drug traffickers who were pro- caine in the region was grown in Peru dedication to free trade, and not with- viding cocaine were highly centralized. and Bolivia and then transported to out cause. Recent protectionist policies They had a chief executive officer. Colombia for processing. Those levels on lumber and, most egregiously, on They were vertically integrated. That have been dramatically reduced, in steel have fueled the scorn of our glob- started with growing of the coca in the large part because local farmers have al trading partners—and rightly so. fields to financing its distribution in been encouraged, in significant part Failing to pass trade promotion au- the United States and other demand through U.S. programs, to make the thority will forfeit our nation’s legit- countries. transition from illegal cocaine to a imacy as a global free trade leader and We made a major effort—we the civ- legal agricultural crop. With this con- confirm the views of critics around the ilized world, with the United States tinued commitment, our neighbors will world who don’t take our devotion to playing a key role—to take down these have incentives to develop both legiti- free trade, and consequently our global mate economic alternatives to the pro- highly centralized drug organizations, leadership, seriously. We cannot let duction of drugs and real avenues to particularly the Medellin and the Cali this happen. cartels. After a long period of signifi- end the violence that plagues so much The authority first established by cant investment and loss of life, we, of our hemisphere. the Trade Act of 1974 and now proposed If we are serious about halting the the Colombians, and the international in TPA expired eight years ago. Since flow of illegal drugs to the United community were successful. then, numerous trade agreements, in States, if we are committed to contrib- We thought that by taking the head which the United States has not par- uting to the stabilization of our near- off the drug cartel snake, we would kill ticipated, have been negotiated and im- est neighbors in the hemisphere, and if the rest of the body. In fact, what we plemented around the world. The sim- we are steadfast in our war against ter- found in the late 1990s was these de- rorism, then the United States must ple fact is that our trading partners are capitated snakes were beginning to re- act now to both extend and expand unwilling to negotiate agreements with constitute themselves, and they were these portrayed benefits, important for an administration that lacks TPA. moving away from the large corporate Today, there are 130 preferential us and important for the four countries model towards a more entrepreneurial trade agreements, and the United of the Andean region. model; where they used to have Time is short for the people of our re- States is a party to three of them. Similarly, the United States is a vertically integrated parts of the drug gions who stand to lose should we fail chain, now they have multiple, small to pass this legislation. The time is party to only one of the 30 free trade drug traffickers for each phase of the now. The days between now and when agreements in the Western Hemi- process, from growing in the field to the crisis occurs on May 16 are few. I sphere. Those 156 agreements to which transporting, to the financing of the urge my colleagues to expeditiously we are not a signatory represent drug trade. move to the passage of this legislation, missed opportunities for all Americans. The American people benefit enor- For a period of time, these new entre- to the resolution of differences, and to mously from trade, even if they often preneurial drug traffickers found them- accept the invitation to attend a sign- don’t realize it. Today, over 12 million selves at risk because they did not ing ceremony in the Rose Garden and U.S. jobs depend on exports, and those have the security blanket that the old then to see that the roses of hope will jobs pay wages that are 13 to 18 percent centralized system had provided. So begin to bloom again in the backyards higher than the national average. they turned to the modern economic and fields of our neighbors in the Ande- Every day, American consumers reap guerrillas, the Al Capones of Colombia, an region. and made a pact. The pact was: We will I suggest the absence of a quorum. the benefits of trade in the form of pay you well if you will provide us se- The PRESIDING OFFICER. The lower-priced goods and services. The curity so we can continue to conduct clerk will call the roll. office of the U.S. Trade Representative our illicit drug activities. The assistant legislative clerk pro- estimates that the combined benefits For awhile, that was the deal, but ceeded to call the roll. of the North American Free Trade then the Scarfaces figured out: We are Mr. MCCAIN. Madam President, I ask Agreement, NAFTA, and the Uruguay providing the capability of these drug unanimous consent that the order for round agreements have saved the aver- traffickers to do their business, but the quorum call be rescinded. age American family of four between they are making a lot more money in The PRESIDING OFFICER (Ms. $1,300 and $2,000 a year. A University of drug trafficking than we are in pro- CANTWELL). Without objection, it is so Michigan study found that a global re- viding the security for the drug traf- ordered. duction of trade barriers could result fickers. So why do we not become drug Mr. MCCAIN. Madam President, I ap- in an additional income gain of $2,500 traffickers ourselves? And they did. preciate the indulgence of my col- for the average American family of By the end of the 1990s, the drug league from South Carolina. I will four. trade, particularly in Colombia, had speak for 5 or 10 minutes. I thank him Too often, our Nation’s approach to been largely taken over by the former for the courtesy. trade has been to open foreign markets

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.075 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3543 to American goods and services while States and the Andean nations has tion with one hand while restricting it erecting domestic barriers to foreign more than doubled since 1991, and new with the other. Such an approach will imports. But trade does not work that industries have emerged as a result of not further the expansion of global free way. It is, by definition, a two-way the reduced-tariff benefits or the agree- trade. Indeed, it will only solidify the street. Continuing along this protec- ments. distrust of our allies and trading part- tionist path will ultimately cause more In Colombia, for example, the fresh- ners while doing nothing to increase damage to the very American indus- cut flower industry has created over the prosperity of the American people. tries clamoring for protection today. 150,000 new jobs. These people are now A critical component of this trade Without reciprocity, the farmers and harvesting and planting flowers rather bill is how to develop the best possible corporations of this Nation will soon than trafficking illegal drugs. Simi- solution for providing assistance to lose access to the valuable markets larly, in Peru, the benefits of the Ande- hard-working Americans who may lose they depend on to sell their goods. an Trade Act encouraged farmers to their health insurance coverage as an Such an approach turns trade, a posi- cultivate asparagus, creating 50,000 unintended result of this legislation. tive-sum game in which all parties ben- new jobs, and making asparagus that This is a real concern and one that we efit from expanded economic oppor- country’s largest export crop to the must take seriously. However, we can’t tunity, into a zero-sum game strangely United States. Today, farmers in the allow this issue to be politicized and reminiscent of a discredited, mer- region are choosing to plant products used to deter the passage of this impor- cantilist past. to be exported under the Andean Trade tant trade bill. Both sides of the aisle Expanding free trade is a way to im- Act, rather than coca. Our strategic have made significant progress toward prove the well-being of all Americans, goals in the region require us to build a compromise. Now we must continue particularly the working poor. The upon these successes. compromising until we iron out a fair most basic economic analysis shows The Colombia conflict lends par- and sound solution for addressing the that tariffs represent an unfair tax on ticular urgency to the need for swift health care needs of our Nation’s work- an already overtaxed public. Reducing congressional action on Andean trade ers. barriers to trade is the equivalent of a expansion. Not only are Colombia’s Ensuring access to affordable and tax cut for every consumer. Presi- people at risk from the FARC terror- quality health care for all Americans dential trade negotiating authority ists, Colombia’s democracy is at risk must be a priority, and I commend was necessary in the past to reach the from the corrosive effects decades of each of my colleagues who are fighting agreements from which Americans cur- civil war have had on her institutions for health care protections for workers rently benefit. That same authority is and her economy. The military and in- possibly impacted by this bill. But this needed for this administration and oth- telligence assistance America provides simply can’t be done if partisan poli- tics prevent us from working together ers to negotiate future agreements, to to Colombia is critical, but it is only a to find a solution that is good for our build on our prosperity. part of our policy response. We have an By enabling the negotiation of bilat- obligation to help our ally not only to workers and the overall quality of our eral and multilateral trade agree- defeat the terrorists, but to build the health care system. I look forward to this broad trade de- ments, TPA will empower the Presi- foundation for a lasting peace by sup- bate. I believe it is healthy for our Na- dent to eliminate trade barriers, reduce porting economic development in Co- tion and our democracy for our leaders tariffs, and open foreign markets to lombia. Andean trade expansion pro- to make what is a compelling intellec- American goods and services. American vides a way to do that without costing tual case for free trade, and to dem- workers, farmers, businessmen, and U.S. taxpayers a dime. onstrate to the American people how consumers will benefit from the suc- The government of the region, bur- successful trade liberalization rep- dened by the spillover effects of the Co- cessful completion of the World Trade resents money in the pockets. We now lombian conflict, are the most elo- Organization negotiations in Doha, re- have the opportunity to reverse the re- quent advocates for the tangible bene- gional free trade agreements like the cent protectionist tide. It is time that fits provided by the Andean trade Free Trade Area of the Americas, and we look to the future, consider the agreement. The group of nations that bilateral trade agreements such as long-term interests of our Nation, and benefit from the act are critical to the those we hope to achieve soon with work urgently to provide the President hemispheric stability, prosperity, and Singapore and Chile. with the authority he needs to nego- On a regional level, it is particularly democracy America has worked to fos- tiate for free trade. urgent that we support our allies in the ter in the region. These nations stand Madam President, I reiterate, the sit- hemisphere by deepening our trade re- with us in wanting to end the economic uation in the four countries of Colom- lationship with them, in order to ad- despair and dislocation the Colombian bia, Ecuador, Bolivia, and Peru is such vance broader American interests in conflict has projected across their bor- that we cannot delay, longer than May Latin America. Let there be no doubt: ders. It is in America’s interest to 16, passage of the Andean Trade Pref- the Andean Trade Preference Expan- counter the economic destabilization erence Expansion Act. I cannot tell you sion Act is important to U.S. national that war has brought to Colombia’s the problems that will result in that security and the security of the demo- neighbors with the broad-based eco- very delicate region of our hemisphere cratically elected governments in the nomic growth that represents the re- at that time if the Andean Trade Pref- Andean region. gion’s best hope. erence Expansion Act is not renewed. In 1991, former President Bush signed The arguments that drive support for Colombia is in serious trouble. Peru into law the Andean Trade Act. In a the Andean Trade Preference Expan- has only recently emerged from a very fresh approach to the war on drugs, he sion Act demonstrate how trade and difficult period. Ecuador has been di- argued that promoting trade between development in the Andean region in- rectly impacted by the conflict within the United States and the countries of crease our national security. I hope the Colombia. And, of course, Bolivia has the Andean region would expand their Senate will act swiftly on the ATPA, had severe economic problems for a economies, create jobs outside the drug given the expiration of existing Andean long period of time. trade, and increase stability in the An- trade preferences on May 16, as we ac- This is a small step but a very impor- dean region. After a decade in which celerate our efforts to build prosperity tant one. And our failure—our failure— democracy has taken root in these na- and consolidate democracy in the re- to act on this legislation I think would tions, these goals are even more impor- gion. send a very bitter message to our tant. As we consider this entire legislative friends and allies in our own hemi- Although the original Andean Trade package, I would caution my col- sphere. Act represented a modest effort— leagues against further efforts to re- After passage of the North American granting duty-free or reduced tariff strict free trade. I hope we will avoid Free Trade Agreement, America’s goal treatment to a limited number of goods the temptation to support veiled pro- was to have a hemispheric free trade from Bolivia, Colombia, Ecuador, and tectionist measures in order to secure agreement within a short period of Peru—it has produced many successes. passage of this bill. We cannot, in good time. Obviously we have fallen very Two-way trade between the United faith, work to promote trade liberaliza- short of that.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.016 pfrm12 PsN: S30PT1 S3544 CONGRESSIONAL RECORD — SENATE April 30, 2002 I look forward to a vigorous debate ance, training, in every way we can, in- that without fast track. We told Presi- with my friend from South Carolina cluding reaching agreement on health dent Clinton we didn’t want to abdi- and my friend from North Dakota who benefits for dislocated workers. cate our responsibility in regulating just came to the Chamber. I hope this I never have sold anything to a gro- foreign commerce. debate is based on our mutual concern cery store. I bought a lot from grocery Article I, section 8 of the Constitu- for the workers of America, but that stores. I buy flowers a lot cheaper when tion, says the Congress shall regulate concern should also be balanced by our they are grown in Colombia than when foreign commerce. It doesn’t say the concern for the average working men they are grown in South Carolina. It President, or the Supreme Court, but and families in America who will find has never been my ambition for any the congressional branch, the legisla- that goods and services are less expen- child to grow up to work in a textile tive branch. We were not going to abdi- sive to them. History proves it. No, we factory. I would much rather have cate that authority, which we are don’t like to see lumber workers or them work in a BMW plant or high- being asked to do at the present time. cotton farmers or wheat farmers or tech factory or other kinds of employ- We didn’t do it. And to refute that anybody else harmed by free trade. We ment for which we can provide the argument with respect to the multilat- eral requirements, the Caribbean Basin can take care of that impact on our training and education. Initiative with nine countries; the economy and still serve the greater I hope the Senator understands the chemical weapons treaty, of course, good of our entire Nation. fact that Americans have profited by that we debated during the Clinton ad- I have had the great privilege of vis- free trade enormously. Yet we can still ministration, there were over 100 coun- iting South Carolina on many occa- address the specific problems that re- tries; the semiconductor agreement sions. One of the greatest products of sult from dislocated workers. That is with the European Union, the United free trade is the BMW plant, which the what free trade is all about. That is States, Japan, and Korea, more than a Senator from South Carolina was in- why I believe this Nation will continue dozen countries joined in that one strumental in attracting to that great to prosper when we have free trade without fast track; the telecommuni- State. It is always a privilege for me to agreements consummated between our- cations agreement with the Asia Pa- go back and visit. selves and our neighbors. We should be cific countries, that was more than a I yield the floor. concerned about the economy of coun- dozen countries involved there; the The PRESIDING OFFICER. The Sen- tries such as Colombia because their international tropical timber agree- ator from South Carolina. narcotraffickers can take over that ment with numerous countries, the Mr. HOLLINGS. Madam President, I country and export their goods, which United States; Central American Re- thank my distinguished colleague from are drugs, into this one. gional Trade Investment Agreement in Arizona, ranking member and former I thank the Senator from South November of 1998, there were nine chairman of our Commerce Committee. Carolina. I look forward to a renewal of countries; the WTO telecommuni- The fact is, where we have that BMW our spirited discussion which we have cations agreement in 1997, that was plant, just 2 years ago, in Spartanburg had for many years, always marked by some five dozen countries. So was the County, we had 3.2 percent unemploy- respect for the views of the junior Sen- WTO financial agreement in 1999. I ment; it is now 6.1 percent. It is just an ator from South Carolina. could go on and on. outflow, a stampede almost of the ex- Mr. HOLLINGS. I thank the distin- Don’t be sold a bill of goods about portation of textile jobs in South Caro- guished Senator from Arizona. There is the difficulty of fine points and numer- lina. Since NAFTA we have lost 53,900 no question that they are better jobs, ous countries. That happens right regu- jobs. That is one of the things they are but textiles are very good paying jobs larly, and that is why you have trade debating with respect to trade adjust- at $10 and some odd cents an hour. agreements, and that is why we have ment assistance to get health care. If Those are middle class Americans. been able to get over a hundred during The Senator is correct, facts are you are going to have trade adjustment the past 10 years alone. assistance, I certainly want to apply it facts. That is why this particular Sen- Now, Madam President, the next to those lost jobs. They are out there ator, as Governor some 40 years ago, point that was made was that the struggling in the sense that almost, in went to Europe to get that BMW plant. United States has only 4 percent of the a way, I don’t have any more jobs to I didn’t get BMW at that particular world’s consumers. Of course, right to lose. I have to apply it to those because time. Since that time, in my travels to the point, the distinguished leadership they are retrained and skilled. Germany, we now have in South Caro- is confusing the population with num- I gave the example of Oneida, the lit- lina 117 German plants in my little bers of consumers. What we are really tle T-shirt plant where they had more State. So, yes, we have gotten way bet- interested in is that 4 percent. Those than 400 employees with an average age ter jobs. We have continued to work on who are opposing fast track are inter- of 47 years old, lose their jobs. So they that. ested in those 4 percent of consumers trained them as expert computer oper- But I would just address a few com- because, unless you have a job and are ators, as Washington tells them to do. ments with respect to the need for the making a living, we have consumers Who is going to hire the 47-year-old? trade bill. I heard my distinguished going out of business. That is the stop- They are going to hire 21-year-olds. So leader earlier today. He outlined the ping, the cessation of consumption they are still out of a job. That is the need for the trade bill. He said: Wait a that has this economy in a funk. desperate circumstance that is going minute, you have to understand, after I just had a gentleman, from SBC on all over the country. all, these are just singular examples Communications, telling me how his Mr. MCCAIN. I thank my friend from that I had given earlier in the morn- stock had gone down. I said: Meet the South Carolina. He has the floor. May ing’s debate with respect to Vietnam group. MCI has changed leaders today. I ask unanimous consent for 1 minute and Jordan. Those are just one coun- So you have all of these telecommuni- to respond? try. He said: But when you have multi- cations companies that are high-tech, The PRESIDING OFFICER. Without lateral countries, it is sort of hard to and more growth, and they are in a objection, it is so ordered. get them all together and then get an funk because we don’t have manufac- Mr. MCCAIN. I say to the Senator agreement, then bring it back to the turing, we don’t have jobs. We have from South Carolina, I know there are Congress and have amendments. been exporting jobs faster than we can individual and heartbreaking stories of Not so. The Andean trade agreement possibly create them. The United people who have lost their jobs in the we are now discussing involves several States also has the most skilled and textile industry in South Carolina. The countries. Without fast track, we have productive workforce in the world— fact remains that history and the listed in the 2001 Trade Policy Agenda what is left? record show that every American fam- and 2000 Annual Report by the U.S. I pointed out here, with respect to ily, whether they are unemployed or Trade Representative, some 100 dif- the steel, that I commend President employed or rich or poor, has benefited ferent agreements. I have gleaned Bush for his recent actions. Mr. McNa- by the importation of less expensive many of them. Of course, the African mara, the former Secretary of Defense goods and services into the United Growth Opportunity Trade Agreement, and head of the World Bank, went run- States. We balance this with assist- involved a few dozen countries. We got ning all around to the Third World

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.090 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3545 emerging countries telling them they Mr. DORGAN. Reserving the right to globalization, and we have moved now could not become a nation state unless object, I ask unanimous consent to be from typewriters to computers. I told they had steel—the capacity to produce recognized following Senator KYL’s the story years ago as a witness. steel for the weapons of war and the presentation. I was told: Look here, let them make tools of agriculture. As a result, I look The PRESIDING OFFICER. Is there the clothing and the shoes. We will outside my office in Charleston at the objection? make the airplanes and computers. The dock, and they are off-loading Bra- Mr. REID. Reserving the right to ob- truth is they are making the shoes and zilian steel for construction all over ject, I have to respond to Senator KYL clothing and the airplanes and com- the Southeast. Some 20 miles away is because this deals with Senator puters. Nucor, the most productive, modern, LEAHY’s committee. Finally—and I am trying to close competitive steel plant in the world. Mr. KYL. Madam President, if I down for my distinguished friend from But how can they compete when the might suggest this: Probably Senator Arizona. In the 1990s, we liberalized Brazilians are dropping steel off at less REID and I will have a colloquy over a trade and saw record economic growth than cost on the dock there in Charles- series of unanimous consent requests and job creation, some 20 million new ton. The rules are not being enforced. that I will make. I will just count that jobs created from 1994 to 2000, and What we need is not a free trade pol- on my time. When I am done, I will cer- without fast track. icy, we need competitive trade; we tainly have no objection to the Senator I do not know who got these points need to go back to the word itself— from North Dakota speaking. up for the distinguished leader about ‘‘trade’’—something for something. Not The PRESIDING OFFICER. Is there why we need it, because, yes, we had aid. That is what the Andean thing is objection? wonderful economic growth, but we all about down there with Colombia, Without objection, it is so ordered. had that without fast track. That was due to another measure that we passed Ecuador, and Bolivia. They are saying: Mr. HOLLINGS. I thank the col- in 1993. Look, get out of the drug business. leagues in the Chamber for allowing I thank the distinguished Senator, That is what this initiative is about. me to have a few more minutes. I want- ed to make an important point. and I yield the floor. Get out of the drug business and grow The PRESIDING OFFICER (Mr. NEL- pineapples and bananas and that kind Ten years ago, in 1992, they said that is what we needed, just exactly what SON of Florida). The Senator from Ari- of thing. zona. I went and asked—in one of the meet- they said—to open up the markets. We JUDICIAL NOMINATIONS ings where I was getting a briefing in would get these agreements to open up the markets. So here is a booklet by Mr. KYL. Mr. President, I appreciate Bolivia a few years ago—what about the remarks of the Senator from South this growing of pineapples. He looked the Special Trade Representative on foreign trade barriers, and it equaled Carolina, and I ask that the record re- at me and laughed. He said: You think flect my agreement with my colleague, I am going to struggle growing pine- some 262 pages. Now, after we have got- Senator MCCAIN, on this matter. Since apples when I can get a little crop ten the NAFTA agreement, which was to open up markets, and after we have I have agreed with Senator REID to dis- going and make a whole year’s income cuss another matter, I will simply indi- in a week’s time, when it would take a gotten WTO, which is a multilateral agreement—incidentally, let’s find out cate at a later time I will make re- year with the pineapple crop, and have marks concerning both the Andean how many markets have been opened. to worry about the weather? trade bill as well as trade promotion The book now has gone from 262 pages He said: With these drugs, you don’t authority. worry about the weather. to 455 pages. It has doubled. There is another matter which is We have doubled the foreign trade Incidentally, he pointed out on the very timely. As a matter of fact, it is barriers. All these wonderful free trade map an area as big as Georgia. He said: important we speak on it now because agreements were supposed to open up That is off limits for the Bolivian pol- there is scant time to get some very icy. We can grow anything we want to the markets. You continually hear important business done in the Senate, there. that, but that isn’t what occurs. which has to do with the confirmation Let’s get into these trade agreements Twelve million export-related jobs are of judges but more specifically the in depth and find out what is going on. manufacturing jobs. There are less holding of hearings on judges because The tail of the drug war is wagging the than 17 million manufacturing jobs left they cannot be confirmed until there trade policy of America. I went up in the country. Manufacturing has has been a hearing on them. For too 14,000 feet to La Paz and they were gone from 26 percent of the workforce many of our judges, we do not even chewing the drugs walking up and 10 years ago to 12 or 13 percent today. have hearings scheduled. down the street. Oh, we had a wonder- The export-related jobs pay 13 percent It would be one thing if we waited 2 ful thing. We had conquered a little bit to 18 percent more. Definitely, the or 3 months after a nomination to of it. We had not conquered much. manufacturing jobs do pay more. The schedule a hearing, but I am speaking What was in Bolivia went into Colom- union jobs, in a general sense—such as of people who have been nominated bia, and it gets into Peru and Ecua- the Longshoremen and the AFL–CIO— now for almost an entire year and dor—those four countries. The United are the ones opposed to fast track, vig- there has never been a hearing sched- States has one of the most open mar- orously, because they are exporting uled for them. I am going to take a kets in the world. Well, that is exactly their jobs out from under them. minute or two to talk about who they what they all argue, and everything The balance of trade—you cannot are. else, that our open market is going to turn back the clock on trade any more I will quote briefly from a Wash- open their closed markets. In the 1990s, than on technologies; namely, type- ington Post editorial and then pro- they argued that if we get these trade writers versus computers. This is the pound a series of unanimous consent agreements, we will open the markets. old argument about, wait a minute requests that will perhaps move us to- We have yet to get into Japan or now, we went from the horse and buggy ward the hearings we need to get these Korea. days to the automobile, and now in judges confirmed. The PRESIDING OFFICER. The Sen- trade we are going from typewriters to Preliminarily, Democrats and Repub- ator’s time has expired. computers. licans can both cite a lot of statistics Mr. HOLLINGS. I ask unanimous Here is a sample of the U.S. trade about judges confirmed under one ad- consent—is the Senator from Arizona deficit in the world. We have a $20 bil- ministration or another, and can pat ready to speak? lion deficit in the balance of trade with themselves on the back about a job Mr. KYL. I am. But if the Senator computers. We have a deficit in the well done. But it seems to me one thing wants to close, that is okay. balance of trade with cellular tele- stands out that is unmistakably clear, Mr. REID. Mr. President, I yield from phones, pacemakers, night vision and that is when the President has my time 10 minutes to the Senator equipment and other telescopes, and nominated a distinguished American to from South Carolina. electrocardiographs. I could go on and serve on a Federal district court or, in Mr. HOLLINGS. I will complete this on. The idea that, son, you don’t under- this case, a Federal circuit court of ap- quickly. stand, we are moving into peals, and the Senate does not deign to

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.079 pfrm12 PsN: S30PT1 S3546 CONGRESSIONAL RECORD — SENATE April 30, 2002 give those people a hearing for over a match the obstructionism with which the served on the Texas Supreme Court year, something is wrong. same Senate Republicans who now criticize since 1994. In her successful reelection There is no excuse for holding some- him managed the confirmation process while bid in 2000, every major newspaper in one for a full year. It has now been a they were in charge of it. Neither, however, Texas endorsed her. has he entirely restored dignity and fairness Michael McConnell is a nominee to year, minus 1 week, since the President to it. Rather, like his predecessor Orrin made his first circuit court of appeals Hatch (R–Utah), he is allowing individual the 10th Circuit. He is one of the Na- nominations, 11 in all. Eight of them nominness to sit around with no explanation tion’s leading constitutional scholars have never had a hearing. for what are turning out to be long periods of and lawyers. His reputation for fairness Quoting briefly from this Washington time. These delays are hard to justify under and integrity has generated support Post article of April 22: any circumstances. Nominees should receive from hundreds of Democrat law profes- It has been nearly a year since President timely consideration out of deference to the sors across the country. Bush nominated his first batch of judges. president, out of respect for the institutional Jeffrey Sutton is a nominee to the needs of the judiciary, and out of a sense of Sixth Circuit, another of America’s Parenthetically, that was done on fairness to the individuals. But delays are May 9, 2001. leading appellate lawyers. He grad- particularly objectionable when nobody will uated first in his class from Ohio State even come forward to make a case against Of the initial group of 11 appeals court Law School, has gone on to argue over nominees, 8 have still not had hearings be- the nomination. fore the Senate Judiciary Committee. Two of So far, anyway, nobody has made a serious 20 cases before the U.S. Supreme Court these nominees are of particular local inter- case against Mr. Roberts or Mr. Estrada— and State supreme courts, and served est: John Roberts and Miguel Estrada. Both neither of whom has an extensive public as the solicitor in the State of Ohio. have been nominated to the D.C. Circuit record of statements or writings to criticize. Justice Deborah Cook is also a nomi- Court of Appeals, which currently has 4 of its Liberal groups have complained that Mr. nee to the Sixth Circuit. She has 12 seats vacant. Both, on the surface anyway, Roberts, as a lawyer for the government, served as a justice on the Ohio Su- seem well qualified, having done extensive helped write briefs that argued against abor- preme Court since 1994 and, before be- appellate work in the solicitor general’s of- tion rights. The more general anxiety seems coming a judge, was the first woman to be that both men are young, talented con- fice and in private practice. Both have high partner at the oldest law firm in profile bipartisan support. Yet neither has servatives who could upset the D.C. Circuit’s moved. And while Judiciary Committee ideological balance. It is true that President Akron, OH. Chairman Patrick Leahy has said that Mr. Clinton’s nominees to the D.C. Circuit were Judge Dennis Shedd, a nominee to Estrada will receive a hearing this year, he held up also—as, incidentally, was Mr. Rob- the Fourth Circuit, was unanimously has pointedly failed to promise the same for erts when he was initially nominated by the confirmed to be a Federal judge in 1990. Mr. Roberts. elder President Bush, But government by tit- He is strongly supported by his home Skipping part of the editorial to two for-tat is an ugly spectacle. If there is a case State Senators, Democrat HOLLINGS of to be made against either nominee, the onus South Carolina and Republican THUR- other quotes: is on opponents to make it and its proper MOND of South Carolina. He served in Nominees should receive timely consider- forum is a hearing. If there is no case, the ation out of deference to the President, out Senate should move to a vote. Either way, the past as chief counsel to the Senate of respect for the institutional needs of the further delay is not the answer. Judiciary Committee. Finally, Judge Terrence Boyle, a judiciary, and out of a sense of fairness to Mr. KYL. I will indicate the names of the individuals. But delays are particularly nominee to the Fourth Circuit, was these 8 nominees, and I will point out objectionable when nobody will even come unanimously confirmed to be a Federal forward to make a case against the nomina- that of the 11 who were nominated by district judge in 1984. The former chair- tion. the President on May 9, 2001, 3 have man of the State Democratic Party The final three sentences of the edi- been confirmed. Two of those were supports Judge Boyle’s nomination, torial: judges previously nominated by Presi- stating that he gives everyone ‘‘a fair dent Clinton, and I think that is inter- If there is a case to be made against either trial.’’ nominee, the onus is on opponents to make esting. The Judiciary Committee On January 25, Judiciary Committee it and its proper forum is a hearing. If there chairman is willing to move people Chairman LEAHY indicated that Justice is no case, the Senate should move to a vote. who were nominated by President Clin- Priscilla Owen, Michael McConnell, Either way, further delay is not the answer. ton but not by President Bush. So and Miguel Estrada would receive hear- I ask unanimous consent that this when we talk about nominees of Presi- ings this year. Each has waited nearly Washington Post editorial dated Mon- dent Bush having been confirmed to a year for a hearing and more than 2 day, April 22, 2002, be printed in the the circuit court of appeals, remember months for a hearing since this state- RECORD. that two of the three of this initial ment. There being no objection, the mate- group were originally nominated by Chief Justice Rehnquist recently rial was ordered to be printed in the President Clinton. stated that the present judicial va- RECORD, as follows: The eight nominees who have lan- cancy crisis is alarming and, on behalf [From the Washington Post, Apr. 22, 2002] guished before the committee are the of the judiciary, implored the Senate following, and they are individuals all GIVE ’EM HEARINGS to grant prompt hearings and to vote of extraordinary experience, intellect, these nominees up or down. It has been nearly a year since President and character: Bush nominated his first batch of judges. Of I conclude by showing two things. On the initial group of 11 appeals court nomi- John Roberts is a nominee to the DC this chart it shows the President’s rate nees, eight have still not had hearings before Circuit. He is one of the leading appel- of judicial confirmations by the Sen- the Senate Judiciary Committee. Two of late advocates in the United States, ate, comparing President Clinton and these nominees are of particular local inter- having argued 36 cases before the U.S. President Bush. The red line ends at est: John Roberts and Miguel Estrada. Both Supreme Court. He served as Deputy exactly 11 months after each President have been nominated to the D.C. Circuit Solicitor General. I doubt there is an- nominated his first nominees. These Court of Appeals, which currently has four of other lawyer in this country in the So- are both district and circuit court its 12 seats vacant. Both, on the surface any- licitor General’s Office who has argued way, seem well qualified—having done exten- nominees. sive appellate work in the solicitor general’s 36 cases before the U.S. Supreme Court. By the end of 11 months, President office and in private practice. Both have Miguel Estrada is nominated to the Clinton had 67 percent of his nominees high-profile bipartisan support. Yet neither DC Circuit. He has argued 15 cases be- confirmed. President Bush, 11 months has moved. And while Judiciary Committee fore the U.S. Supreme Court, worked as after his first nominee was made, only Chairman Patrick Leahy (D–Vt.) has said a Federal prosecutor, as Assistant So- had 44 percent of his confirmed. At the that Mr. Estrada will receive a hearing this licitor General, and a Supreme Court end of 14 months, as it shows, President year, he has pointedly failed to promise the law clerk. He came to America as a Clinton had 90 percent of his nominees same for Mr. Roberts. teenager, spoke virtually no English approved—14 months after the first Mr. Leahy is in a tough spot. He has taken a beating for his handling of judicial nomi- and, if confirmed, would be the first nomination was made. At the rate we nations, a beating that is largely unfair. The Hispanic ever to serve on the DC Court are going, President Bush will be lucky Senate has confirmed 45 judges since he took of Appeals. to have 50 percent. over the committee, which is a respectable Justice Priscilla Owen, who is a Let’s be specific about circuit court pace. He certainly has not yet begun to nominee to the Fifth Circuit, has nominees because I think this is even

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.082 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3547 more telling. This chart shows the cir- On March 19, 1997, for President Clin- Why are we voting on all these judges? cuit court confirmation rates by the ton we were trying to get approved a We voted on four judges last week. We Senate. Again, after 11 months, Presi- man by the name of Merrick B. Gar- voted two judges today. dent Bush has had 31 percent of his cir- land, a lawyer from Maryland, to be a I have other things I will say, but I cuit court nominees approved by the U.S. Circuit judge for the District of object. Senate. By contrast, 63 percent of Columbia. The PRESIDING OFFICER. The ob- President Clinton’s nominees were ap- The Senator from Arizona said, jection is heard. proved to the circuit courts after 11 among other things, when responding Mr. KYL. Mr. President, I appreciate months, and 14 months after he made to Senator SESSIONS: Like my col- the objection. his first nominee, 86 percent of Presi- league from Alabama, my colleague We have voted on several judges. I dent Clinton’s nominees had been ap- from Iowa, and others, I believe the am talking about holding hearings on proved by the Senate. At the rate we 12th seat on this circuit does not need judges nominated over a year ago, not are going now, we are obviously not to be filled. I am quite skeptical that voting on them; just holding a hearing going to get to 86 percent. We cannot the 11th seat, the seat to which Mr. and trying to hold the hearings before get the confirmation until we have had Garland has been nominated, needs to the anniversary day. a hearing. It would be reasonable to ex- be filled, either. The case against fill- In view of that objection, let me pro- pect hearings to be held on the eight ing the 12th seat is very compelling pound this request: That no later than nominees within a year of the time and it makes me question the need to May 9, 2002, the Judiciary Committee they were nominated. Whatever the fill the 11th seat. shall conclude hearings on at least six record of success, whatever the number He goes on to say: In the fall of 1995, of the eight nominations remaining of of hearings that have been held for dis- the court subcommittee of the Judici- those made by President Bush on May trict court nominees, whatever else one ary Committee held a hearing on the 9, 2001, to the U.S. Circuit Courts of Ap- might say, there is absolutely no ex- caseload of the D.C. Circuit. Judge Sil- peals? cuse for not even scheduling a hearing berman pointed out that the courtroom Mr. REID. Mr. President, we could go on a circuit court nominee for a full normally used for en banc hearings through 6, 5, 4, 3, 2, 1. I object. year after that nominee was nominated seats only 11. In other words, that is all I reserve the right to object in this by the President. they can accommodate. instance because the Judiciary Com- UNANIMOUS CONSENT REQUEST Mr. President, the Senator from Ari- mittee is working very hard. Let me I have a unanimous consent request zona, 4 or 5 years ago, thought there lay the foundation. to propound, and I expect a fulsome re- was no need to have these seats filled Senator LEAHY became chairman of sponse from the Senator from Nevada. in this circuit court. But he has the Judiciary Committee. In fact, we I ask unanimous consent no later than changed his tune now because we have didn’t organize—he became chairman May 9, 2002, the Judiciary Committee a different President. sometime in July or August—because shall conclude hearings on each of the For this and other reasons, I object. we had trouble getting the organiza- eight nominations remaining of those The PRESIDING OFFICER. The ob- tion going after we took control of the made by President Bush on May 9, 2001, jection is heard. Senate. Immediately after he became to the United States Circuit Court of Mr. KYL. Mr. President, I very much chairman of the committee, however, Appeals. appreciate the kind remarks that the 9–11 occurred, and a short time after Mr. REID. Mr. President, reserving Senator from Nevada made about my that, anthrax in Senator DASCHLE’s of- the right to object, I have a number of law career, and I do appreciate that fice basically closed up one office things to say. I don’t mean to detain sincerely. He knows of my affection for building and that took care of half the people unnecessarily, but I don’t think him. Senators. this is unnecessarily. I will take some Before I make my next request, I In spite of 9–11, the new leadership time. The Senator from Arizona is wel- point one thing out with respect to role that Senator LEAHY obtained, and come to stay or not. I have something what the Senator from Nevada said the anthrax scare, he went ahead and I want to say regarding this issue. One thing I want to say in my res- about my opposition to filling the 12th held all kinds of meetings of the Judi- ervation, and I will save the rest as I position on the D.C. Circuit Court of ciary Committee. I attended one in the get the floor, I have the greatest re- Appeals. At that time, there were two basement of the Capitol. There we had spect for my friend from Arizona, a vacancies. He correctly read my re- a circuit court judge, Judge Pickering. man who is an outstanding lawyer. I marks. I said I didn’t think we needed I remember that very well because I had one of my Nevada judges there. I knew of JON KYL’s legal reputation in to fill the 12th, and I had questions Nevada. I knew of him in Nevada be- about the 11th. But there are now 4 va- testified for my judge. It was very cause of his reputation in Arizona as a cancies, and I don’t think there is any crowded. Senator LEAHY was com- lawyer. He was good at a lot of things. doubt we need to fill numbers 9 and 10. mended, as he should have been, for One of the things we look to JON KYL When we get up to No. 11, maybe I will holding the hearing. There was really for with respect is his great knowledge have a question still, and I might even no room. of water law. In the arid Southwest, not support filling the 12th. But that Senator LEAHY has gone to great when a lawyer understands water was a totally different situation be- lengths to make the Judiciary Com- rights, someone in the legal profession, cause we were talking about the 12th mittee one that functions well. I will someone who bears a standard, one and final vacancy. lay out in some detail what he has whom others look up to—not many Here we have four vacancies, and I done to maintain the Senate’s proper people know water law. have advocated that we fill two of role in the selection of judges. Remem- The point I am trying to make is them. ber, the Judiciary Committee had the that the Senator from Arizona is a fine In view of the objection that was lead role in a number of other very im- lawyer. He is a fine Senator. But I want heard, let me ask my colleague if he portant items following September 11. to remind him as to one of the things would agree to the following, and I pro- The work that we did with he spent a little time discussing today, pound this request: I ask unanimous antiterrorism legislation was all done the DC Court of Appeals—Senator KYL consent no later than May 9, 2002, the in the Judiciary Committee. Senator discussed the need to fill vacancies in Judiciary Committee will conclude LEAHY, with his counterpart, Senator the DC Circuit—President Bush has hearings on at least seven of the eight HATCH, worked night and day for weeks nominated two people to the circuit remaining of those nominations made to get that done. We finally got it court. Because they have been nomi- by President Bush on May 9, 2001, to passed. It took an inordinate amount nated by President Bush, my friend the D.C. Circuit Courts of Appeals. of time. from Arizona, the lawyer whose creden- Mr. REID. Reserving the right to ob- I say to my friend from Arizona, with tials I have already established, has ject, I don’t often smile on the Senate the deepest respect, Senator LEAHY and changed his tune. Lawyers can do that. floor, but I really have to smile at this the Judiciary Committee are going to When they do, sometimes you have to request. The reason I do that is I had a hold hearings. They have already held bring it to them. Senator come up to me today and say: hearings.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.084 pfrm12 PsN: S30PT1 S3548 CONGRESSIONAL RECORD — SENATE April 30, 2002 As I have said on this floor on a num- The PRESIDING OFFICER. Objec- Mr. KENNEDY. I think I made my ber of occasions: This is not payback tion is heard. case. time. If it were payback time, we Mr. KYL. I think I know the answer The PRESIDING OFFICER. The Sen- would not have already approved 52 to this, but it would certainly be pos- ator from Nevada, the assistant major- Federal judges since Senator LEAHY sible for us to have a hearing on one ity leader. took over that committee. But we have nominee. As a member of the com- Mr. REID. Mr. President, I ask unan- approved 52 Federal judges. mittee, I think it is doable, I can tell imous consent to speak as in morning If it were payback time, we would you. I think it is only fair that Senator business and the time count against not be holding any hearings. Remem- LEAHY pick out one of these people and the 30 hours, postcloture. ber, we had judges who waited more have a hearing for him or her 12 The PRESIDING OFFICER. Without than 4 years for a hearing. We are not months after their nomination. objection, it is so ordered. going to do that. So, out of desperation, I ask unani- Mr. REID. Mr. President, just last People who are selected by the Presi- mous consent that no later than May 9, week, as I indicated, the Senate con- dent of the United States to be judges, 2002, the Judiciary Committee shall firmed its 50th judicial nominee. Today whether they are trial court judges or conclude hearings on at least one of we got two more judges. This has hap- circuit court judges, are going to have those nominations remaining of those pened in less than 10 months since the hearings. I assume there would be some made by President Bush on May 9, 2001, change in majority. More of President exceptions, but I can say, with little to the U.S. Circuit Courts of Appeals. Bush’s judicial nominees have been reservation, Senator LEAHY is going to The PRESIDING OFFICER. Is there confirmed in less than 10 months than hold hearings for all these people and objection? were confirmed in all 12 months of 4 of in as timely a fashion as he can. Mr. REID. Reserving the right to ob- the 6 years Republicans controlled the I therefore object. The PRESIDING OFFICER. Objec- ject, my friend should not be desperate. Senate. tion is heard. This is not a desperate situation. I am I have always been very dubious of Mr. KYL. Mr. President, in deference not on Senator LEAHY’s committee. I numbers because even as one who did to the Senator from Michigan who is can’t speak for his committee. But I not have a degree in engineering or did here, I gather, to speak, instead of have some responsibility to try to see not do much in the way of math in high going through the numbers of 5, 4, 3, let that the Senate operates in an orderly school or college, I can still do a lot of me just see if I could get my colleague fashion, especially things that go on things with numbers. We can manipu- to agree to this because we do have a here in the Chamber. I am convinced late numbers—you know that is easy to full week left. I am a member of the Senator LEAHY will do everything he do. We can have all kinds of numbers Judiciary Committee, and I can tell can to move these men and women for- games. I will run through a few num- you, we have not been that busy. We ward who have been nominated. bers here this evening on judges. have had plenty of opportunities for Remember, I am sure we have had at The thing I want everyone to know is hearings. These eight nominees have least 52 hearings. We have 52 judges that Chairman PAT LEAHY is an honor- been sitting around for a year, and who have moved forward during the able man. He represents a very small none of them has had a hearing. We last few months. That is pretty good. State in population, the State of could easily have a hearing for two of So it is not as if there is a so-called Vermont. He takes a very close look at these nominees before the anniversary stonewall. He is doing the best he can. everything that affects Vermont. He date of 1 year from their nomination I say with some degree of apology to does a great job for Vermont. by the President. my friends from Michigan and Kansas, One reason I have so much respect I ask unanimous consent that no I am going to speak for a few minutes for Chairman LEAHY is his view is of later than May 9, 2002, the Judiciary on the judges situation, so I think they more than the State of Vermont. He Committee shall conclude hearings on should rest their legs for just a little has a national view. He has been a Sen- at least two of the eight nominations bit because I am going to speak. ator for a long time, the first Demo- remaining of those made by President The PRESIDING OFFICER. Is there cratic Senator ever elected from the Bush on May 9, 2001, to the U.S. Circuit objection? State of Vermont. Courts of Appeals. Mr. REID. Yes, I object. He has been able to represent that The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Objec- State so well, but also do a good job for objection? tion is heard. our country. A lot of times that is not Mr. REID. Reserving the right to ob- Mr. KYL. Mr. President, I guess in easy to do, but he has done that. ject. light of this last objection, as the law- He has been chairman of the Agri- The PRESIDING OFFICER. The Sen- yers say, I will rest my case. I think I culture Committee. I served on the Ap- ator reserves the right to object. propriations Committee. He has been Mr. REID. Mr. President, I can assure have made my point. I hope we can chairman of that very volatile Sub- the Senator from Arizona and anyone have this conversation again in the committee on Foreign Operations, for- within the sound of my voice that Sen- next 2 days. Having had an opportunity eign aid—the committee from which ator PAT LEAHY is going to do the very to confer with Senator LEAHY, I hope best he can in holding hearings for all the Senator from Nevada will have bet- people run. He doesn’t run from that or nominees, not only circuit court but ter news for us, but especially for the anything else. He is a very courageous trial court judges. As to whether or not eight nominees who have been lan- man, PAT LEAHY. he can complete two judges within the guishing now for a full year, and we I only say that because we can do all next week—the next 9 days is what it is can quickly move to have a hearing on kinds of things with numbers. My because tomorrow is May 1—I really at least some of those nominations. friend on the other side of the aisle can cannot tell Senator KYL whether that The PRESIDING OFFICER. The Sen- bring out fancy little charts and say will take place. ator from Nevada. this happened. I can bring them here But I know the Senator from Mr. KENNEDY. Will the Senator and talk about what has happened. But Vermont is going to do the best he can. yield? I want everyone to look for just a I heard him in a conversation today, Mr. REID. I am happy to yield with- minute in their mind’s eye at PAT right here. He was right here because out losing my right to the floor. LEAHY. Does he want to leave a legacy he was at the leader’s desk this morn- Mr. KENNEDY. Mr. President, I ask in the Senate that he was the kind of ing talking about the judges whom we unanimous consent that we consider an person who would not approve people approved. I heard him talking to a Sen- increase in the minimum wage no later who are qualified lawyers who want to ator regarding a circuit court judge, than June 15. become Federal judges? The answer is that he would do a hearing in the im- The PRESIDING OFFICER. Is there no. mediate future. Immediate is pretty objection? PAT LEAHY also before he came here quick. I know that will be done. Mr. KYL. Yes, Mr. President. I ob- was a prosecutor, a lawyer. He was a With respect and the knowledge that ject. good one. He was a young man. But Senator LEAHY is going to move it for- The PRESIDING OFFICER. Objec- that is why he got elected to the Sen- ward as quickly as he can, I object. tion is heard. ate, because he was a great prosecutor.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.087 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3549 Look at PAT LEAHY a little bit. Put 50 judges confirmed—as I indicated last One of the May 9 nominees lacks yourself in his role. He wants to be rec- week, it is now up to 52—including 9 home-State consent. Surely the minor- ognized as somebody who runs the Ju- circuit judges. That is more than were ity is not suggesting overriding the diciary Committee in a fair manner. I confirmed in all 12 months of 4 of the 6 Senate tradition of consent or what we do not know of anyone who could ques- years of Republican control. As of call blue slips from both home-State tion his honesty, his integrity, and April 29, there were 90 vacancies, and 29 Senators. Senator ORRIN HATCH—a dear therefore I say let’s not really worry of them were circuit. friend—would never agree to that when about all these numbers. The Senate has already devoted a he was chairman. He would never con- I can make a case with numbers. I week in March to Senator LOTT’s sider that. The other seven appear to think he has done more than he phys- amendment, No. 3028, to the energy be relatively more controversial nomi- ically should have done, because it has bill. One reason it took the energy bill nees who require a great deal of back- just been so hard for him to do that. I so long is we had a week of time on the ground research. They will have hear- talk about the committee hearing. My sense-of-the-Senate resolution demand- ings, but more work needs to be done. colleagues complained that we have ing that those nominated last May 9 If the committee fails to do this thor- only approved—I don’t know how many have a hearing by May 9. The Senate, ough investigation of these men and circuit judges he said. But we had hear- of course, rejected this, as it should women who would serve for life, it fails ings on them. Pickering had a hearing. have done. An almost unanimous Sen- its job to the rest of us. He couldn’t make it out of committee. ate supported, instead of the second-de- When these nominations come here, I That is more than they gave our peo- gree amendment to that resolution, the depend on the Judiciary Committee. I ple. committee’s continued fair treatment am not a member of that committee. I He said some people on May 9 will of judicial nominees and its efforts to assume that if there is a problem with have waited a year. Well, that is too schedule and hold regular hearings on one of them, someone is going to pro- long, and I recognize that. But it is not judicial nominees. vide that for me. If they don’t and 4 years. That is what we said we would do. something comes up later, I am going More than 50 of President Clinton’s That is what Senator LEAHY is doing. to be very upset, as well as Senator nominees never even got a vote. Others The Judiciary Committee has contin- LEAHY and the other members of that waited years to be confirmed. Still oth- ued its efforts in accord with the Sen- committee. They need to take the time ers languished for years and many ate resolution which passed this body. to do the job right. months before a hearing and then no The Judiciary Committee held 17 hear- Five of the May 9 nominees were vote. They had hearings and never had ings involving 61 judicial nominees. nominated to seats that have been held a vote in the committee. The Judiciary That is more hearings on judges than vacant for years and years by Repub- Committee never voted. Where were the Republican majority held in any licans. Well-qualified Clinton nominees the Republican voices of concern then? year of its control of the Senate. They to those seats were blocked by Repub- Under Republicans, total court va- were considered en bloc form rather licans, including two well-qualified cancies rose from 63 in 1995 to 110 in than one or two at a time. In effect, we gentlemen active in the Hispanic com- July 2001, when the committee reorga- have had at least 54 hearings. munity in Texas: Enrique Moreno and nized, and circuit vacancies more than I say that really skewing numbers a Judge Jorge Rangel; three distin- doubled from 16 to 33. The Republicans little bit because in some hearings guished lawyers from the African- caused all the vacancies about which more than one person was brought be- American community: James Wynn they are now complaining. fore the committee. and James Beatty of North Carolina, I had a big murder case when I prac- That is more hearings on judges than and Elan Kagen; and other nominees ticed law. A young man shot his two the Republican majority held in any with equally outstanding credentials, parents. It was a very serious case, to year of its control of the Senate. such as Kent Markus of Ohio and Allen say the least. But today people still I repeat: The Judiciary Committee Snyder of the District of Columbia. joke about that case. There isn’t any- had 17 hearings in less than a year, and I would like to take just a little bit thing to joke about. It is the old stand- that is more than held in any year of of time to pay our colleagues, our Re- ard joke that you have heard a thou- the Senate when the Republicans con- publican counterparts, the courtesy of sand times: He was now an orphan. He trolled it. making sure that this request for pled for the mercy of the court because Rather than berating the Judiciary unanimous consent for immediate ac- he was an orphan. He killed his par- Committee, I commend Senator LEAHY tion on Bush nominees is OK with ents. and the members of that Judiciary them, including the anonymous Repub- That is about what we have here. Re- Committee for doing the good work lican Senators who held up votes on publicans caused these vacancies. Va- they have done. Remember, they have Clinton nominees such as Bonnie cancies continue to exist on the courts more responsibility than just approv- Campbell, Judge Margaret Morrow, and of appeals, in part because a Repub- ing judges. The Republican leadership many of the circuit court nominees lican majority wasn’t willing to hold a never followed a ‘‘first in, first out’’ who languished for years without ever hearing or vote on more than half—56 rule. As the former chairman said in receiving even a vote in committee. percent—of President Clinton’s circuit 2000, ‘‘If nominees were only considered The deep concern now expressed nominees in 1999 and 2000, and was not in the order they were nominated, the about vacancies was oddly silent when willing to confirm a single circuit process would grind to a halt as more the minority—then the majority—was judge during the entire 1996 session. qualified nominees would back up be- blocking more than 50 judicial nomi- This is like somebody who kills his hind the questionable nominees.’’ That nees. parents and then asks for mercy. They makes sense. Some Republicans held these seats ask for mercy because they are an or- The Democratic leadership has been open for years for another President to phan. working hard to process the nomina- fill. That President is President Bush. They helped create these vacancies. tions of qualified, noncontroversial They wanted to save these seats for a I repeat: On more than half—56 per- nominees to address the vacancy crisis Republican President. Maybe some cent—of President Clinton’s circuit caused by previous Republican obstruc- thought these would be judicial activ- nominees in 1999 and 2000, the Repub- tion and inaction. ists for their agenda and would tilt the licans were not willing to hold hearings We are carefully reviewing the balance of numbers on these circuit and vote on them. In 1996, not a single records of those nominated last May, courts to give Republican appointees a circuit judge was confirmed. Some of as well as other nominees. All but one majority, with the hope of winning the vacancies they are talking about of those nominated last May 9 were through these activists what they were go back to 1990, 1994, and 1996. They re- chosen by the President without any not been able to win at the ballot box. fused to fill the vacancies. consultation with both parties in the One of the people for whom I have Under Senator LEAHY’s leadership Senate. In spite of that, we have al- the greatest respect—he is my friend, and Senator DASCHLE’s leadership, ju- ready expedited and confirmed three of he has great Nevada roots, and he has dicial vacancies are going down, with them. all kinds of family in Nevada—is Karl

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.089 pfrm12 PsN: S30PT1 S3550 CONGRESSIONAL RECORD — SENATE April 30, 2002 Rove, a close confidant of the Presi- the Senate Judiciary Committee I meet with small business owners dent. He has given speeches to conserv- should be commended for reforming who cannot afford to keep their insur- ative groups talking about he wants the process and practices used during ance for their employees because the what he refers to as conservative the 61⁄2 years of Republican leadership. costs are going up 30 percent, 40 per- judges. He has a right to say that. But We are holding more hearings for more cent a year, and the majority of that is that is why Chairman LEAHY has an ob- nominees than in the recent past. We the uncontrolled costs of prescription ligation to look and make sure these have moved away from the anonymous drugs. I meet with the big three auto- people are qualified and that they have holds that so dominated the process makers, and I hear the same thing. more credentials than just simply from 1996 through 2000. We have made These costs are out of control. There being conservative. home State Senators’ blue slips public is no accountability, and it affects Advice and consent does not mean for the first time. every part of our economy and the giving the President carte blanche to The Democratic leadership and Ma- lives of too many Americans. pack the courts. The committee’s eval- jority Leader DASCHLE should be com- So I rise this evening to ask our col- uation of nominees is a critical part of mended and not attacked with these leagues on the other side of the aisle, the checks and balances of our demo- unfair claims and motions. and to ask the President of the United cratic Government that does not give Mr. President, I apologize to my States, to join with us in a serious ef- the power to make lifetime appoint- friends, especially the Senator from fort—not words, not efforts that look ments to one person alone to remake Michigan, whom I know wishes to ad- as if they do something on paper but do the courts along narrow ideological dress the Senate. I also apologize and not really solve the problem—but to lines, to pack the courts with judges extend my deep appreciation to the join with us in a serious effort to pro- whose views are outside of the main- Senator from Florida for his usual vide a comprehensive prescription drug stream, and whose decisions would fur- courtesy in remaining in the chair so benefit under Medicare that is long ther divide our Nation. the Senator from Michigan can speak. overdue, and to join with us in a num- President Bush has singled out Jus- I am personally very grateful to the ber of issues and a number of strategies tice Scalia and Justice Thomas, the Senator. to lower the costs of prescription drugs Supreme Court’s most conservative The PRESIDING OFFICER. The Sen- for every American. ator from Michigan. Judges, as model Judges. Well, isn’t it I find it extremely frustrating, when Ms. STABENOW. Mr. President, first, interesting he would do that. He has we know that American taxpayers un- I indicate to our leader from Nevada chosen Scalia and Thomas as model derwrite much of the research—cer- that he is certainly welcome to take Judges. I wonder if that had anything tainly the initial basic research whatever time is necessary to talk to do with the decision they made deal- through the National Institutes of about this very important issue and to ing with Florida when they, in effect— Health for new prescription drugs, new set the record straight. I very much ap- there are not only articles written— technologies, new cures—and I cer- preciate the Senator being able to do lots of those—but there are books writ- tainly support that. I support the fact that in such articulate terms so that it ten of how Scalia steamrolled the other that we allow research tax credits and is very clear that we, in fact, are mov- Judges. And Scalia elected George deductions. And taxpayers subsidize ing ahead in a way that, frankly, has Bush President. Well, no wonder he those efforts as well. It is important been unheard of when we have had a thinks he is a model judge. I think if he for us. selected me as President, as he did President of one party and the Senate But I am very frustrated that after President Bush, I would also probably majority of another party in terms of we have patents that are given for 15 think he was a model. confirming judges. years, 20 years, to companies to recoup The committee is acting responsibly. So I certainly associate myself with their costs, when they do not have to The Judiciary Committee, led by PAT the Senator’s comments and very much have competition, we create a way for LEAHY, is acting responsibly in its con- appreciate his advocacy. them to come up with these new, won- sideration and scheduling of nominees. PRESCRIPTION DRUGS derful drugs that are lifesaving, and We would be able to move more expedi- Mr. President, I rise this evening to yet, at the end of the line, Americans tiously on nominees if the White House speak about an issue that is incredibly pay more than anyone in the world— were acting in a bipartisan way, by important. It is probably one of the and that is not an exaggeration—for nominating more consensus nominees most important challenges facing our those drugs. If someone is uninsured, to these lifetime judgeships, conferring families today; and that is the question Heaven help them—which the majority with the Judiciary Committee, confer- of the cost of prescription drugs. of seniors are in this country—because ring with home State Senators. I cannot think of a more important Even with the partisanship of the issue facing older Americans, who, on when they walk into the pharmacy, White House and the Republicans, Sen- average, use 18 different medications in they are paying the highest prescrip- tion drug price of anyone in the world. ator LEAHY’s Judiciary Committee has a year, or a more important issue fac- had more confirmations of circuit ing families, who, for example, may Tomorrow, we are going to start court nominees in less than 10 months have a disabled child, or a more impor- Older Americans Month. And I say than were confirmed in a similar pe- tant issue for anyone who is struggling again, shame on us for not addressing riod for Presidents Reagan, Clinton, and does not have coverage under their this issue in a comprehensive manner. and the first President Bush. insurance policy for prescription drugs. I ask my colleagues to join with us in Nine circuit court judges—consensus We know that right now, even as we a number of efforts. One, we want to nominees—have been confirmed in less are at the dinner hour on a Tuesday make sure that generic drugs are more than 10 months. This is more confirma- evening, there are seniors who are sit- available and that we close loopholes tions of circuit nominees of President ting down at their kitchen table and that are now used by the companies to George W. Bush than in the first 10 deciding: Do I eat supper or do I take change patents or do other things that months of the Reagan, Bush I, and my medicine? stop generics from coming on the mar- Clinton administrations combined. We are the greatest country in the ket even though it is the same—a very We also have the best pace of con- world. I say shame on us for our inabil- comparable drug—at a dramatically re- firmation in recent history. The Demo- ity to address this issue and to have a duced price. We certainly have legisla- cratic-led Senate is averaging 5 con- Medicare prescription drug plan that tion right now in the Senate which firmations per month, as compared lowers the costs for everyone. This is Senator SCHUMER and Senator MCCAIN with 1.6 per month during Bush I, and an issue that now touches every part of have put forward that needs to be ad- 3.1 per month and 3.6 per month for our economy. dressed. President Clinton and President Today, I met with the leadership of We also need to do something about Reagan, even though they had Senate Michigan Blue Cross-Blue Shield. Yes- the explosion of advertising. Since the majorities from their own party. terday, I met with people who are in- FDA changed the rules a number of So that is why I have objected to volved with hospitals and home health years ago on direct consumer adver- these motions. Chairman LEAHY and care agencies and nursing homes. tising, I daresay you can’t turn on your

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.096 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3551 television set in any 5-minute incre- In Canada, they purchased it for ical expenses? In 1965, they were ex- ment and not see at least one adver- $15.92—$136 versus $15. penses that were attendant to hospital tisement for a prescription drug. They There is something seriously wrong care and physician services that often are nice ads. Many of them are very when our citizens are having to pay occurred in and around the hospital. pretty. But we pay a heavy price for such a large amount of money when Medicare Part B was set up for addi- that advertising. compared to other countries, particu- tional expenditures, primarily physi- We also pay a heavy price for the pro- larly our Canadian neighbor to the cian expenditures. That has served our motions that are going on in the doc- north, and at the same time they are senior citizens so very well, as a health tors’ offices and all of the effort that having to juggle all of the other ex- insurance system at the time that they goes into this question of advertising penses in their life, and many people knew they needed health care, when, as rather than putting the money into re- are not being able to purchase we get older, things don’t quite work search for more lifesaving drugs. Tamoxifen or Zocor or Prilosec, all of as they did when we were 21. We want to address that in the Sen- the other drugs where there is such a Over that 37 years we have had these ate, and we ask our colleagues to join disparity. wonderful, I call them, miracles of with us to stop this spiraling situation I invite colleagues tonight to join modern medicine that have occurred where right now there is twice as much with us in supporting S. 2244, to be- through technology, through research, being spent on advertising in this coun- come cosponsors, to join with us in an through the ingenuity of American en- try, advertising and promotion of pre- effort to say that we are going to open terprise. And as a result, we now have scription drugs, than on research to the borders; we are going to create a health care system that produces pre- create new lifesaving drugs. We intend competition; and we are going to make scription drugs that can often cure our to put forward proposals to do that in sure Americans who underwrite so ailments when compared with the state the next week. much of the cost of the new medica- of medical care 37 years ago. I specifically wish to talk for a mo- tions being developed every day have I talk about that little bit of history ment about S. 2244, an effort my col- the opportunity to get the very best to follow the comments of the Senator league from North Dakota, Senator price. from Michigan because it is instructive DORGAN, and many of us have joined in We need to do that. It is long over- for us as to why we need to modernize to provide another way of creating cost due. From my perspective, there is no the Medicare system 37 years later and savings; that is, to open the border to excuse at this time not to proceed to now provide a prescription drug ben- Canada. I find it ironic that at the time support this effort to open the border, efit. we are creating open trade, fast track, to create new opportunities for generic There is no question in the State of a trade bill on the floor of the Senate, drugs, to make sure we are addressing Florida, with our abundance of wonder- we have in place walls at the border of the high cost of advertising and to put ful, vibrant senior citizens, that people Canada. And coming from Michigan, some sense around that, and promoting want Medicare modernized with a pre- where it is 5 minutes across the bridge, research rather than more advertising. scription drug benefit. Clearly, in the 5 minutes across the tunnel, this is a These are all items that need to hap- election of 2000, I talked about it, and very real wall where we are told, based pen, and they need to happen now. I know both of the candidates for on legislation passed back in the 1980s, My biggest concern is that we don’t President talked about it in the State that even though you can get your have the same sense of urgency in the of Florida—indeed, they had signed up medications made in America, FDA ap- Congress that I hear from my own fam- to the idea that we were going to be proved, safe drugs, my citizens in ily, from neighbors and constituents I spending—then the figure was $300 bil- Michigan or those from Florida or any- represent in Michigan. This is not a lion to $350 billion over a 10-year pe- one cannot go 5 minutes across that theoretical debate. This is real. This is riod. That is what was thought to be Ambassador Bridge or that tunnel and about whether or not people will be the expenditures to give a fairly sub- lower their cost because of a law that able to live longer because they can stantial Federal Government invest- was put in place to protect our compa- benefit from the medications being de- ment for providing prescription drugs nies from competition. veloped with the help of taxpayers or to those who were eligible as senior We believe, those of us who have put whether they are going to struggle citizens under Medicare. And here we forward S. 2244, that the wall needs to every day to decide whether to eat, to are, a year and a half after that elec- come down. If we are going to talk pay the utility bill, or to get their tion, and we still have not enacted it. about open trade, we should not close medicines they so desperately need. The administration has come forth trade. We should not be allowing lack We can do better. Our older citizens, with a proposal for $190 billion over 10 of competition on prescription drugs. If our families, our children, our busi- years. That is not going to cut it be- we did that, we could see amazing nesses wanting to cover their employ- cause that is not what was promised. changes immediately. It would not cost ees for health care costs deserve better. With the explosion of the cost of pre- money other than probably a small We have an opportunity to do that in scription drugs, the cost of that pre- amount as it relates to the FDA. We the Senate and to say to everyone: We scription drug benefit over the next are not talking about any large sum of have really done something that will decade might well be in excess of the money to be able to open the borders make a difference in the lives of the $300 billion to $350 billion that we and immediately we could lower costs people we represent. I suggest the time talked about during the campaign of 40 percent, 50 percent or more. is now. 2000. So we ought to be addressing it I took two different bus trips to Can- I yield the floor. here. ada to demonstrate, as other col- (Ms. STABENOW assumed the chair.) In the meantime, the Senator from leagues have, the cost differences, The PRESIDING OFFICER. The Sen- Michigan has pointed out other ways working with the Canadian Medical So- ator from Florida. that we can start addressing the cost of ciety, going through a Canadian physi- Mr. NELSON of Florida. Madam prescription drugs. Why could we not cian and a Canadian pharmacy to dem- President, I wanted to echo the elo- address a system by which we could onstrate the differences in the prices quent comments the Presiding Officer, suddenly pool the various needs and for prescription drugs. I wanted to speaking in her capacity as the Sen- start buying in bulk and, therefore, share with you some of those dif- ator from Michigan, has spoken about, bring down the cost per unit? That is a ferences. a problem that is so rampant today. common economic principle. So as we Zocor is a drug for high cholesterol. Medicare was designed 37 years ago approach a discussion of whether we In Michigan, it is $109 a month for the in 1965. Think of the condition of are talking about trade or whether we prescription; it is $46.17 in Canada—$109 health care at that time. It was cen- are talking about judicial appoint- versus $46. tered around acute care in hospitals. ments, we need to constantly remind Even more dramatic is Tamoxifen. Thus, as we designed the system which people about the promises and the ex- We had women on our bus trip with would be a health insurance system for pectations in the election for President breast cancer. In Michigan, they are senior citizens to assist with medical in the year 2000, and those statements paying $136.50 a month for Tamoxifen. expenses, what were most of the med- were very clear in the State of Florida,

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.099 pfrm12 PsN: S30PT1 S3552 CONGRESSIONAL RECORD — SENATE April 30, 2002 which became so critical for the out- shores, our major citrus industry ously in the House when, several come of the election. would be facing a life or death choice. months ago, they passed the trade pro- ANDEAN TRADE Now, that is not an easy choice for motion authority bill by the razor thin Madam President, since we are on this Senator. So I call to the attention margin of one vote. the trade bill, I want to make a few of the Senate the fact that Senator I can tell you, Madam President, it comments about a tremendous di- GRAHAM and I will be offering an will not only be tonight, but I will con- lemma that I have with regard to this amendment that doesn’t specifically tinue to speak until my face, to use an trade bill. I am a free trader. I am for just speak to Florida orange juice but old southern expression, turns blue. I free and fair trade. That has basically says that if there is an order by the will continue to speak every oppor- been the kind of voting record that I International Trade Commission tunity I have as we go about consid- have had in the last year and a half. I against dumping by companies or by a ering this trade bill over the course of believe that a State such as my State, country, or if there is a countervailing the next 2 to 3 weeks. Florida, which is so affected by being duty as a result of an order by the De- I hope there are folks in the White not only a microcosm of America but partment of Commerce because foreign House who are listening. The State of now so much of a microcosm of the competition is subsidized by a foreign Florida has a great deal at stake in Western Hemisphere, will benefit eco- government and therefore it is not free this debate. It is not that we are asking nomically by free and fair trade. and fair trade—if there is an order from for any special protection; we are ask- The dilemma in which I find myself, either one of those two, whatever the ing for free and fair trade. We do not as does my colleague—my senior col- commodity is, the tariff cannot be re- want another country to have a mo- league, wonderful colleague, Senator duced until 1 year after that order by nopoly of a single product that is so BOB GRAHAM—is that the very premier the Department of Commerce, or that very important to our State of Florida. industry of Florida, the citrus indus- order by the International Trade Com- Madam President, neither you nor I try, the very industry whose symbol mission has been removed, because expected to be here at this late hour, graces all of our license plates on our that noncompetitive practice has been but it was an opportunity for us to say vehicles in Florida—the Florida or- eliminated by that foreign country or something that is very important to ange—is threatened if we don’t take ac- those foreign corporations. this country. tion on an amendment in this bill. In other words, if we want to have I yield the floor. What I have said is that I support free and fair trade and there is an order The PRESIDING OFFICER. The Sen- free and fair trade. What we find is that another country is not being free ator from Kansas. that, with the concentrated, frozen or- and fair, we are not going to put the Mr. BROWNBACK. Madam President, ange juice production, the country of American industry at the disadvantage I rise to speak on the pending business, Brazil has 50 percent of the world con- of having the tariff lowered so that the trade promotion authority bill. I sumption of concentrated orange juice. anticompetitive action in that foreign will be brief. Florida has 40 percent of the world’s country, against which there is already I believe I am the only Member of the production, and that is primarily serv- an order, is not able to protect that in- Senate who has worked in the Trade icing the needs of the domestic market dustry in America. Representative’s office. In 1991, I had a in the United States, a large part of I am not just talking about orange wonderful experience as we were nego- which has been created as a result of juice. I am talking about steel. I am tiating several major treaties at that the advertising over the last five dec- talking about salmon production in the time. Without qualification, for the ades by the Florida Citrus Commission, Northwest. I am talking about honey United States to engage in more trade so that now orange juice is a regular production in Montana. I am talking negotiations and more trade agree- staple of the diet at the breakfast table about any commodity where organiza- ments is positive. in America each morning. So it is 50 tions such as the Department of Com- There will be sectors in the United percent Brazil, 40 percent Florida, and merce or the International Trade Com- States that have difficulty. That is the remaining 10 percent is spread mission say there is anticompetitive why we have trade assistance provi- throughout the rest of the planet. behavior, and therefore there is an sions, to make those transitions better. The problem is that it is not free and order against that anticompetitive be- But overall, for the U.S. consumers and fair trade if Brazil is allowed to under- havior; if that order is in place, then the U.S. economy, trade promotion, re- cut because of Brazil growers colluding you cannot reduce the tariff. ducing barriers and tariffs—and tariffs into a cartel, undercutting the price of That seems to me common sense. amount to nothing more than taxes; Florida, and dumping additional prod- Therefore, there is no reason the ad- tariffs are taxes—this is a positive ac- uct on to the market. If there is not ministration should not accept Senator tion for U.S. producers and U.S. con- tariff protection for the Florida citrus GRAHAM’s and my amendment. Yet sumers. Not that it is uniform for ev- industry, Brazil will be participating they will not. Just today Senator erybody, but for the overall economy not in free and fair trade, but Brazil GRAHAM and I talked to the Secretary this is positive. It has been positive will have taken over the market and of Commerce: Well, we will look at it. and remains positive. they will have a monopoly. A monop- I understand. That is a polite way of Narrowly for my State, the State of oly is exactly what we want to get saying: No, we do not agree. Kansas, where we have a lot of agricul- away from in global economic markets. I have talked to people about this tural exports, where at least 1 out of 3 We want the crosscurrents of economic amendment until I was blue in the acres goes to the export market, the competition to bring the best product face. I have talked to the chief lobbyist international market is a critical mar- at the lowest price. That is not what is for the White House as to why this is so ket for us. A lot of our livestock goes going to happen. important to Florida, which happens to to the international marketplace. It is So the dilemma that my senior col- be important to this administration. I a very important part of our business. league, Senator GRAHAM, and I find have talked to members of the Finance Aviation is a main part of our indus- ourselves in is wanting to support the Committee to get them to understand try. Much of that goes into the inter- administration on the trade promotion why this is so important, not only to national marketplace as well. authority or, as some people call it, the Florida but to other States with regard This is positive. It is probably the fast track, where the administration to steel, salmon, and beekeepers in best thing we can do at this time, on can negotiate the agreement without their honey production. top of the tax cuts, to stimulate the every little detail having to be ap- The fact is, the administration U.S. economy, and expansion of our proved, except when the final agree- thinks it has the votes. In fact, it broad-band access is a third issue that ment has to come back to the Con- thinks it is filibuster proof; that it has can stimulate the overall economy. gress, which I think is a step in the more than 60 votes for this trade bill. Trade is a key one. It is broadly sup- right direction, and facing the Hob- Therefore, there is no willingness to ported in this body. It is not supported son’s choice that if we do so without an engage in a discussion with Senator by everybody, but overall it has a amendment that would protect this in- GRAHAM, me, and others about adding strong base of support and that is be- dustry from a monopoly from foreign this amendment, as they did so vigor- cause our economy is built on trade

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.102 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3553 and so much of our opportunities to ex- what is best for this region and what is ready invested in Colombia, dissuades pand this economy are built on trade. best for the United States. others from investing much needed The trade needs to be both free and In our battle on terrorism, it is best capital, and violates the qualification fair. we be engaged with these countries. In criteria for ATPA and ATPEA. I hope we can get a strong vote for our battle to diversify our energy In one case, a 22-month binding arbi- trade promotion authority to encour- sourcing, it is best we be engaged with tration tribunal, agreed to by the Co- age the President to engage in substan- these countries. For their stability in lombian Government, ruled that Co- tial trade agreements with key trading this region of the world long-term, it is lombia must pay $61 million due to partners of the United States so we can best that we are engaged. One of the what it defined as reprehensible behav- aggressively move our economy for- prerequisites for us being able to do ior and breach of contract. Despite con- ward and out of the sluggish position that is PNTR. cerns raised by Members of Congress, and the negative growth we had last I am quite hopeful we can take this the Colombian Government has refused year and continue strong, positive up; that it will be a noncontroversial to even discuss the issue with the growth. amendment; that it can be accepted, American companies. The cost to the I wish to talk narrowly about a par- passed, and that we can move this on Colombia economy in lost inter- ticular provision I would like to see us through so we can get PNTR for cen- national investment due to this lawless take up, and I will be putting forward tral Asia and we can start working so behavior may be greater than any aid an amendment with regard to this we are not engaged in this region mili- that we can provide, and indeed, raises issue, and that is expansion of trade in tarily, pull out of the area, then we see questions about U.S. aid. central Asia. I am referring to those more militant activity buildup and we For these reasons, I call on the Presi- countries known as the ‘‘stans,’’ that have to go back in. Rather, let’s be en- dent of the United States and the U.S. were under the Soviet Union— gaged in this region on a long-term Trade Representative in particular to Kazakhstan; Uzbekistan became more basis so we do not have to go in epi- hold Colombia, and any other country familiar to us in the war on terrorism; sodically, with billions of dollars, and that fails to uphold the qualification Turkmenistan, Armenia, Azerbaijan, try to clean up a problem that evolved criteria for ATPEA, to the letter of the Kyrgyzstan, Tajikistan as well. We over a period of time. law under consideration today. The ad- need to enter into permanent normal This is one we can head off at the ministration is seeking expanded trade trade relations with these nations. pass. We can deal with this, we should benefits, but it should first require As we seek to engage them, as we deal with this, and I am hopeful we are that Colombia implement the rulings seek to work closer with them in the going to be able to take this amend- of arbitration panels. To do otherwise battle on terrorism, as we seek to en- ment up on PNTR for central Asia dur- would undermine the intended effect of gage them internationally, particu- ing this debate. this legislation in lifting these devel- larly Kazakhstan on expanded oil pro- I yield the floor. oping nations to the status newly in- duction and gas production so we are Mr. WYDEN. Madam President, as dustrial democracies governed by the not as dependent on the Middle East the Senate debates the Andean Trade rule of law. for oil, it is very important that we en- Preference Expansion Act, ATPEA, I Mr. ALLEN. Madam President, I rise gage them in the area of permanent wish to call attention to another issue today to address the House version of normal trade relations; that we are vital to the long term success of the the Andean Trade Act (H.R. 3009). able to give to them the same status Andean nations in the world economy. First, I strongly support fair and free we give to virtually every country International arbitration was created trade. Second, I favor granting the trading with the United States around in order to mitigate the risks of over- President trade promotion authority. the world. seas investment due to political con- Third, I believe that certain improve- They are key countries. They are key sideration and capricious changes that ments can be made to help workers in the battle on terrorism, as we have can affect legal institutions. It gives who lose jobs due to international com- already seen. They are key in our en- investors and sovereign nations an petition. And fourth, I do believe the ergy diversity. I am hoping we can get agreed-upon mechanism to resolve dis- current Andean Trade Act should be more of our energy production at putes. Arbitration is a key building extended. home. That is what we debated over block to attract foreign investment, However, as currently drafted, this is the last 5 weeks. promote modernized legal systems, and an Act that could have an adverse im- We also need to diversify our source provide for the kind of legal economy pact on the people of Virginia. In par- of energy. One of the key areas to that we are seeking to foster with this ticular, Southside Virginia has been es- which we can go is Kazakhstan and legislation. pecially hard hit the past few years by also Azerbaijan. We need to have per- For this reason, Congress stipulated the loss of textile and apparel jobs. manent normal trade relations to ex- in the recent Andean Trade Promotion Textile manufacturers in the United pand that energy supply and expand Act, ATPA, that beneficiary countries States are finding it more difficult, if that energy exchange. were required to recognize as binding not impossible, to compete with the They want to grow with us. Some are and enforce international arbitral low cost of overseas labor and limited trying to pull them into being a awards in favor of U.S. citizens and environmental protection laws. radicalized militant state against the companies. I am concerned that the We must fully consider the potential United States. There are forces in sev- U.S. Government has not done enough impact of this Andean Trade proposal eral of these countries seeking to do to ensure that one beneficiary in par- rather than rush into a convoluted pro- that. One of the best things we can do ticular, Colombia, has lived up to this cedure for voting on unrelated, albeit with them is to broadly engage them requirement. Before Congress passes important, issue. The men and women economically. new legislation on this matter, involved in the manufacturing and pro- We have the opportunity, but we do shouldn’t we hold countries account- duction of textile and apparel products not have PNTR with these nations in able for violating this criterion under are suffering. We need to find ways to the central Asian region. We do with the previous legislation? help these individuals, not bring addi- Georgia, we do with Kyrgyzstan, but Unfortunately, Colombia has a dis- tional heartache. The House version of not the other countries I named. turbing trend of disregarding binding this bill unnecessarily increases the I will be putting forward an amend- arbitration rulings. The Colombian amount of non-U.S. yarn and fabric ment, hopefully with a number of co- Government has refused to abide by coming into our country. The existing sponsors, that is going to be modeled rulings of arbitration tribunals that law has been sufficiently beneficial. after the Central Asian Trade Act of are unfavorable, launching aggressive The U.S. textile and apparel indus- 2002. In this bill, we would like to bring campaigns to undermine arbitration. It try, which employs 1.4 million people up the issue of PNTR with these cen- has utilized the inefficiencies of its in- and accounts for 8 percent of all work- tral Asian countries. ternal legal structures to avoid pay- ers in our country, has fallen on hard I hope my colleagues will look at this ment. This blatant disregard for arbi- times. Over the past five years, the tex- carefully, critically, and with an eye to tration harms companies that have al- tile industry has lost about 180,000 jobs,

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.107 pfrm12 PsN: S30PT1 S3554 CONGRESSIONAL RECORD — SENATE April 30, 2002 nearly one-third of the industry’s In the end, we need to pass three sep- AZ—having spent a week or 10 days workers. During this same time, there arate bills dealing with trade pro- with this boy about my age, and had have been at least 220 textile plants motion authority, trade adjustment as- never been victorious in anything be- that have closed their doors and ceased sistance, and the Andean Trade Act. cause, I repeat, every time he would operations. Each of these measures should be ac- change the rules in the middle of the Last year alone, 116 mills closed in corded individual scrutiny, amendment game anytime I was beginning to win. the United States. The workers at and ultimate passage. Indeed, the tac- I bring that to the attention of the these locations lost their jobs as do- tic of merging these issues together Senate because that is what we have mestic producers struggled to compete can result in the House rejecting the going on in the Senate now is the same with cheaply priced imports. As a mat- most important of all three—trade pro- kind of a deal with terrorism insur- ter of fact, almost 140,000 textile and motion authority. This ploy to join all ance. It does not matter what we do; it apparel employees have lot their jobs these items together can culminate in is not good enough. We start with this, in the last 15 months. the unfortunate failure to pass any of we try that. Okay, that sounds good. Just yesterday, DuPont Textiles and these measures this year. We offer it in the form of a unanimous Interiors announced that it will be re- I suggest the absence of a quorum. consent agreement. Well, that is not ducing its workforce by more than 2,000 The PRESIDING OFFICER. The quite right; I think we had better employees worldwide. Unfortunately, clerk will call the roll. change this. No, we cannot agree to 200 of those workers will be from Vir- The assistant legislative clerk pro- allow you to bring that to the floor. ginia. ceeded to call the roll. Weeks have gone by, and we now Also in Virginia, we’ve lost Tultex, Mr. REID. Madam President, I ask have no legislation in the Senate to VF Imagewear, and Pluma. And, Bur- unanimous consent that the order for deal with the serious problem the coun- lington Industries in Pittsylvania the quorum call be rescinded. try is having. I will bet the Presiding County, which makes synthetic and The PRESIDING OFFICER. Without Officer has had people call her and objection, it is so ordered. wool products, has been forced to come to see her—realtors, people from Mr. REID. Madam President, what is eliminate thousands of jobs. banks and other financial institutions, now before the Senate? insurance people, developers—saying: As you know, the Andean nations are The PRESIDING OFFICER. The mo- well known for their production of Senator, why have you not done some- tion to proceed to H.R. 3009. thing about terrorism insurance? My these products as well. Burlington and Mr. REID. I ask unanimous consent others will no doubt be impacted by construction job cannot go forward. that I be allowed to speak as in morn- The insurance companies will not write the increase of products into our na- ing business and the time run against tion from these Andean countries. me insurance. the 30 hours. They have come to me, and I have re- My vote to oppose cloture is to take The PRESIDING OFFICER. Without a stand for the right of Senators to sponded the way I think we all have: objection, it is so ordered. Well, this is something we should try fully consider the House version of this TERRORISM INSURANCE bill and offer amendments. As I have to do something about. Mr. REID. Madam President, I have Senator DASCHLE has been trying to stated, I am a firm believer in free and used this illustration on other occa- get something to the Senate. He has fair trade agreements that will, on bal- sions—I hope not too many, but I know worked with Senator DODD, he has ance, benefit millions of Americans. I have used it before—and the reason I worked with Senator HOLLINGS, he has But what has been happening in the do it is, for me, it is illustrative of worked with Senator SARBANES, and we textile and apparel industry is not de- what is taking place in the Senate. have agreed to bring legislation to the sirable for the people of Virginia. When I was a little boy, I lived in a floor. Last Thursday, I offered a unani- One aspect of trade is that some small town in southern Nevada. I had a mous consent agreement. I am not workers will almost inevitably have to brother who was 10 or 12 years older going to do that tonight—there is no move to other jobs. When workers are than I, and he got a job with Standard one present for the minority—but I displaced, we must reasonably help Stations one summer. That was a big would like to, and I should. I would ease the impacts of international com- deal for us. He was out of high school, like to have them again object to the petition. A bill I introduced last year, and they transferred him to Las Vegas unanimous consent request to bring the Homestead Preservation Act (S. to be an assistant manager to a service this legislation to the floor. We have 1848) can assist these workers who have station in Ask Fork, AZ. As a little also gone to the extreme. We first lost jobs due to international competi- boy, I never traveled anyplace, and he started out by saying: Why don’t we tion. This proposal would provide agreed to take his little brother to Ask have two amendments? They said: We workers who have been displaced from Fork, AZ. Oh, I was excited about want more than two. We said: How their jobs because of international going there. I do not know how long he about four? Now we are at four amend- competition to become eligible for a se- spent there, probably about a week or ments. cured loan so that they my continue 10 days, but just the anticipation of the I cannot understand why we cannot making their mortgage payments on trip was really amazing because I had do that. There is something about the their home for up to one year while never been anyplace. bill that people do not like, have an up- they find new employment. So I went to Ask Fork, AZ. It was a or-down vote with an amendment. In summation, I strongly support little railroad town in Arizona, very We attempted to move the Dodd-Sar- trade promotion authority to tear large compared to where I was raised, banes-Schumer bill last December. down tariffs and barriers to American in Searchlight. When I arrived there, I There was no disagreement about the products, goods and services. But trade learned my brother had a girlfriend. I base bill, but over the amendments of- promotion authority ought to be con- thought he was going to be taking me fered and the time to dispose of the sidered separately from the extension every place, but he did not take me amendments. On April 8, we tried to of the Andean Trade Act. I, neverthe- anyplace because he had this girl with get another agreement to take up the less, look forward in the next few whom he was involved. legislation, and there was no objection weeks to working with my colleagues He did take me to meet her little to base text. The Republicans always to fully examine the House passed brother, who was about my age. So I agreed to the underlying Dodd-Sar- version of the Andean Trade Act and spent a lot of time with him. I have banes as the vehicle to bring to the am hopeful that the Senate will pass a never forgotten that because it was his floor. Now the objections are no longer version that is not so harmful to U.S. house and they were his games and his about the number of amendments and textile jobs. My vote on procedure is to equipment. Every game we started to the time agreements, but they are op- allow Senators the opportunity and play, I could beat him; it did not mat- posed to bringing it up. right to calmly review, debate and re- ter what it was. But I never won any- A strange thing happened last June. vise the House passed version of the thing because he kept changing the The Democrats took control of the Andean trade bill without the con- rules so I could never win. Senate. It is a slim margin, but we still fluence and distraction of other issues I went home, having seen a lot of the have control of the Senate and we con- that should be addressed separately. world, at least in my eyes—Ask Fork, trol the agenda. The minority might

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.025 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3555 not like that but that is the way it is. The PRESIDING OFFICER. Without teacher collaborating with parents That is the rules of the Senate. There- objection, it is so ordered. started a school specifically designed fore, Senator DASCHLE has a right to f to meet the needs of the students in determine what legislation is going to the community. be brought forward. The majority lead- ADDITIONAL STATEMENTS Today, we have well over 2,000 char- er determines what bills are brought to ter schools serving approximately the floor. If the minority is opposed, INVESTING IN STUDENTS 579,000 students. Charter schools are they have a right to offer amendments immensely popular: two-thirds of them ∑ and attempt to modify the text of the Mr. BAUCUS. Mr. President, I rise report having waiting lists, and there bill. When it comes to terrorism insur- today to respond to a recent rec- are currently enough students on wait- ance, this does not seem acceptable. ommendation by the Administration to ing lists to fill another 1,000 charter I want the world to know—because I end fixed-rate consolidations of federal schools. don’t want anyone from Nevada to student loans in order to address a $1.3 Charter schools are popular for a va- think I am doing anything to hold up billion shortfall in Pell Grant funds. riety of reasons. They are generally this legislation, or that any Democrat I fully agree with the President that free from the burdensome regulations is doing anything to hold up this legis- we need to fund the Pell Grant pro- and policies that govern traditional lation; we are not—we are ready to leg- gram. But, as a constituent of mine in public schools. They are founded by islate on terrorism insurance. As I Montana recently said, ‘‘It makes no principals, teachers and parents who have said, we have offered to bring up sense to rob Peter to pay Pell.’’ Pell share a common vision on education. the bill with four amendments on each Grants are just one of the federal gov- Perhaps most importantly, charter side. It gives everybody an opportunity ernment’s efforts to help students af- schools are held accountable for stu- to make the changes they seek. They ford the rising costs of a college edu- dent performance. object to this. The legislation is must- cation. Moreover, Pell Grants are only Since each charter school represents pass legislation. We need to get it out available to low-income students. the unique vision of its founders, these of here and get it to conference. Importantly, the federal government schools vary greatly. The White House says publicly they offers a variety of student aid, often in For example, in South Central Los desperately want us to do something. the form of subsidized or low-interest Angeles, two former union teachers They should weigh in with the Repub- loans, to extend help to low- and mid- founded the Accelerated School, a lican Members of this Senate and help dle-income students and families that charter school designed to serve stu- move something forward. Treasury don’t qualify for Pell Grants. In fact, dents from the community. Students Secretary O’Neill testified today that many Pell Grant recipients must also attending the school outperform stu- the lack of terrorism insurance could apply for loans in order to meet their dents from neighboring schools. In cost 1 percent, at least, to gross domes- education costs. These loans offer hope fact, student performance at the Accel- tic product because major products will to students as they seek the advanced erated School exceeds district-wide av- not get financing due to lack of insur- education, exposure to new ideas, and erage performance levels. Originally a ance. acquisition of new skills they require K–8th grade school, the founders are It is not just insurance companies in- to secure good paying jobs. now planning on adding a high school. creasing their policies or changing We need to be consistent in sending In Petoskey, Michigan, the Concord them. Banks are refusing to finance that message of hope to students. In Academy provides an arts-focused cur- large projects because they lack insur- fact, we need to be more vigilant in riculum that infuses the arts into the ance coverage. Policies are going sending that message in states like overall curriculum. The school has a through the roof or they are excluding Montana, where the average cost of at- 100 percent graduation rate which ex- terrorism from the coverage. This has tending a public university has in- ceeds the graduation rate for the sub- a devastating effect on the economy, creased by 228 percent for in-state stu- urbs. The Concord Academy also and it will get worse. dents and 257 percent for non-residents spends an average of $2,500 less per stu- I encourage my friends on the other over the past 10 years. Those increases dent than traditional public schools. side of the aisle to review today’s testi- mean larger student loans, larger stu- Like many charter schools, they are mony from Secretary O’Neill before dent debt, and greater student sac- getting greater results using less Senator BYRD and the Appropriations rifice. And I am very concerned about money. Committee. The time to act is now. We the kind of sacrifices Montana students These are but a handful of the suc- can take up this legislation and move must make to pay back an $18,000 stu- cess stories in the charter school move- it very quickly or we can continue to dent loan in a state whose average per ment. keep changing the rules in the middle capita income barely surpasses $20,000. I expect that we will see the popu- of the game and wind up with nothing. Simply put, we need to do more to larity of charter schools continue to That would be very bad for our coun- help students invest in themselves, not grow. Last year, the President signed try. less. Offering a fixed-rate interest on into law the No Child Left Behind Act, I suggest the absence of a quorum. consolidated loans helps students; which gives parents in low-performing The PRESIDING OFFICER (Mr. DAY- eliminating that option places addi- schools the option to transfer to an- TON). The clerk will call the roll. tional financial stress on students. other public school. The Act also pro- The legislative clerk proceeded to Good common sense tells me that we vides school districts with the option call the roll. can not close this door on our stu- of converting low-performing schools Mr. REID. Mr. President, I ask unan- dents.∑ into charter schools. I believe these imous consent that the order for the f provisions will strengthen the charter school movement by creating more op- quorum call be rescinded. NATIONAL CHARTER SCHOOL The PRESIDING OFFICER. Without portunities for charter school develop- WEEK objection, it is so ordered. ment. And, as parents exercise their Mr. REID. Mr. President, it is my un- ∑ Mr. GREGG. Mr. President, last right to school choice, the call for derstanding we are in a period of morn- Thursday I joined my colleagues, Sen- charters schools will grow. ing business; is that right? ators LIEBERMAN, HUTCHINSON, CARPER I commend all those involved in the The PRESIDING OFFICER. Not yet. and BAYH, in introducing S. Res. 254, a charter school movement. They have f resolution to designate the week of led the charge in education reform and April 29th through May 2, 2002 as Na- have started a revolution. A recent MORNING BUSINESS tional Charter Schools Week. This year study found that charter schools have Mr. REID. I ask unanimous consent marks the 10th Anniversary of the had a positive impact on school dis- the Senate now proceed to a period of opening of the nation’s first charter tricts. Districts with a large number of morning business, with Senators al- school in Minnesota. In the last ten charter schools reported becoming lowed to speak during that period for years, we have come a long way since more customer service oriented, cre- not to exceed 5 minutes each. that auspicious moment when one ating new education programs, many of

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.111 pfrm12 PsN: S30PT1 S3556 CONGRESSIONAL RECORD — SENATE April 30, 2002 which are similar to those offered by nized by the Los Angeles Times and As- CA. The port greatly contributes to the charter schools, and increasing contact sociated Collegiate Press and the Soci- economic success of California and the with parents. ety of Professional Journalists, who nation. More than $4 million worth of I encourage my colleagues to visit a named The Cardinal’s Election 2000 cargo moves through the port each charter school this week to witness coverage the Nation’s best. Their excel- year. In addition, the Port of Hueneme firsthand the ways in which these inno- lence is further evidenced by the ac- is the nation’s number one seaport for vative schools are making a difference, complishments of outstanding alumni exporting citrus products and conducts both in the lives of the students they like CNN correspondent Jeff Greenfield business with countries including serve as well as in the community in and ESPN chief of correspondents Brazil, Costa Rica, Ecuador, Germany which they reside.∑ Andy Katz. and Japan. The Oxnard Harbor District ∑ Mr. HUTCHINSON. Mr. President, I The Daily Cardinal is a source of has every reason to be proud of its out- rise in support of Senate Resolution pride for UW-Madison students past standing accomplishments and con- 254, which designates April 29 through and present, and the State of Wis- tributions to our nation’s great mari- May 3, 2002, as ‘‘National Charter consin. I commend The Cardinal for its time heritage. Schools Week,’’ and was passed by accomplishments and look forward to To help recognize the district’s long unanimous consent on April 25, 2002. I celebrating its future success.∑ history, this year’s event will feature am an original cosponsor of this resolu- f the SS Lane Victory, one of America’s tion with Senators LIEBERMAN, GREGG, last remaining World War II Victory CONGRATULATIONS TO SCOTT and CARPER, and I am proud to support ships, and a National Historic Land- HIGH SCHOOL our Nation’s charter schools and high- mark. It loaded its first cargo consign- light their impact on effective school ∑ Mr. BUNNING. Mr. President, I rise ment in Port Hueneme in July 1945. reform across the country. today to honor the 17 members of the To conclude, I would like to add a Charter schools are laboratories of Scott High School Science Olympiad special word of commendation to the reform and excellence. By allowing in- team for winning this year’s state International Mariners Center, whose creased flexibility and autonomy, char- Science Olympiad Tournament on unwavering and unparalleled support ter schools are able to implement new April 20 at Western Kentucky Univer- has been instrumental to the Oxnard ideas, while still being held to high sity in Bowling Green, Kentucky. Next, Harbor District’s success. standards. Charter schools are also the team will have the unique oppor- I thank the Oxnard Harbor District public schools, and must serve dis- tunity to compete in the national com- for their many contributions to the advantaged students and students with petition at the University of Delaware community, State and Nation, and disabilities, often doing so with in- on May 18. wish the staff many more years of pros- creased success. Studies have shown a Throughout the state competition, perity.∑ link between increased student the students had the chance to com- f achievement and enrollment in charter pete in a variety of events covering all THE SCHOOL SERVICE ACT OF 2002 schools. Most importantly, parents and areas of science including: biology, communities are satisfied with charter chemistry, physics, anatomy, and ∑ Mr. SMITH of Oregon. Mr. President, schools, evidenced by two-thirds of mathematics. Some of these events re- yesterday I joined my colleagues, Sen- charter schools having waiting lists. quired projects to be built in advance ator EDWARDS and Senator CLINTON, in The charter school movement con- and taken to the competition while introducing the School Service Act of tinues to move forward as more and others include laboratory testing and 2002. This legislation will offer new more states have passed laws author- other more conventional means of test- support to school districts across izing charter schools. My home state of ing. I firmly believe that this competi- America that want to give their stu- Arkansas is in the early stages of im- tion was an extremely beneficial expe- dents the opportunity to learn through plementation, with six charter schools rience for all involved. The students community service. open at the beginning of the 2001 school have acquired useful and applicable in- Service-learning is much more than year. formation on a variety of interesting just community service done by school With the passage of the No Child Left and engaging subjects while learning students, it is a method of classroom Behind Act earlier this year and our the importance of teamwork and com- instruction that engages a student’s in- continued support for charter schools petition. In order for Kentucky to keep tellect through hands-on work outside across the country, we are saying to up with the rapid pace of the scientific the classroom that benefits the com- our parents, teachers, and students community, students, like those at munity at large. Research shows that that our efforts are focused on in- Scott High School, must possess the students participating in service-learn- creased academic achievement for all desire to learn in depth about such top- ing make gains on achievement tests, children. I hope that the charter school ics as mathematics, biology, physics, complete their homework more often, movement continues to grow and spurs and be able to apply this knowledge and increase their grade point aver- innovation and reform to strengthen outside of the classroom. ages. Service-learning is also associ- our nation’s public school system.∑ I once again congratulate the Scott ated with both increased attendance f High School Science Olympiad team and reduced dropout rates. It is clear for their state title and wish them the to educators across the country that CONGRATULATING THE UNIVER- best of luck in the upcoming national service-learning helps students feel SITY OF WISCONSIN-MADISON’S competition. Their dedication and hard more connected to their own education DAILY CARDINAL ON ITS 110TH work has not gone unnoticed. I would while strengthening their connection ANNIVERSARY like to thank each and every one of to their community as well. ∑ Mr. FEINGOLD. Mr. President, I am them for their hard work and deter- Thousands of students across Oregon pleased to congratulate the University mination.∑ participate in formal service-learning, of Wisconsin-Madison’s Daily Cardinal f and nearly every student in Oregon en- newspaper on its 110th year of inde- gages in community service through pendent publication. As a proud UW CELEBRATING OXNARD HARBOR their schoolwork at some point or an- alumnus, I can attest to the Cardinal’s DISTRICT’S 65TH ANNIVERSARY other, they just don’t know that it’s tradition of public service and excep- ∑ Mrs. BOXER. Mr. President, the called service-learning. The School tional journalism. Oxnard Harbor District’s Annual Na- Service Act will give local schools and Since 1892, student journalists at The tional Maritime Day Celebration will school districts the resources they need Cardinal have gained valuable report- be particularly special this year, as the to formalize their commitment to serv- ing experience while covering some of event will also recognize the district’s ice-learning. Under this legislation, the country’s most important news, 65th Anniversary on May 10, 2002. school districts are eligible to apply for from the declaration of war in 1941 to Created in 1937, the Oxnard Harbor grants if they choose to make mean- the events of September 11. The Car- District owns and operates the Port of ingful community service a require- dinal’s achievements have been recog- Hueneme, located in Ventura County, ment for graduation. It is my hope that

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.105 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3557 schools will take advantage of this heroic story of Colonel Jeffords, I felt ernment’s decisions. Nashua’s commit- funding opportunity, and give their it necessary to rise on the floor of the ment to education is a positive exam- students the chance to experience the United States Senate, to give her fa- ple for the Granite State. benefits of an education tied to com- ther the respect, honor, dedication and I commend all members of the class munity service. recognition that he so richly deserves and wish them continued success as My own State of Oregon is a national from our country. Colonel Jeffords is they travel to Washington, DC, to leader in service-learning, and I hope an American hero, who fought for all showcase their presentation. Good luck that this bill will help schools in my citizens, so that we could keep the free- to Julie dePointbriand, Beth Drolet, state continue their commitment to re- dom that we enjoy today. Jennifer Dube, Brendan Farrell, Kyle claiming the public purpose of edu- Colonel Jeffords will always be in the Gilbertson, Laurie Gorham, Ariella cation. I also hope that the School heart and soul of his family that he left Green, Kelly Hogan, Jerry Hopkins, Service Act will encourage the further behind. None of us should ever forget Sarah Janowitz, Zach Janowski, Mi- spread of service-learning across Amer- Colonel Derrell B. Jeffords, for he rep- chael Kiser, Candice LeCourt, Fariha ica, because I believe that it will im- resents the very heart of what our Mahmud, Holly Masek, Jennifer prove education and, perhaps as impor- country stands for. God Bless him.∑ McDonald, Lisa Minich, Linnea tant, instill students with an ethic of f Sanderson, Lauren Schneider, Stephen public service that will stay with them Schuler, Katie Staab, and Heather LOCAL LAW ENFORCEMENT ACT throughout their lives.∑ Zimmerman. Go Panthers! It is an OF 2001 f honor to represent you in the Senate.∑ ∑ Mr. SMITH of Oregon. Mr. President, f VOTE EXPLANATION I rise today to speak about hate crimes ∑ Mrs. CARNAHAN. Mr. President, legislation I introduced with Senator TRIBUTE TO LAURIE L. CHANDLER early Sunday morning there were hor- KENNEDY in March of last year. The ∑ Mr. SMITH of New Hampshire. Mr. rible tornadoes that killed a young Local Law Enforcement Act of 2001 President, I rise today to pay tribute child, injured many others and caused would add new categories to current to Laurie L. Chandler, senior vice extensive damage throughout Marble hate crimes legislation sending a sig- president of Fleet’s Private Clients Hill and other communities in south- nal that violence of any kind is unac- Group. Laurie has been named New ern Missouri. I believed it was impor- ceptable in our society. Hampshire’s Women in Business Advo- tant to visit the affected communities I would like to describe a terrible cate of the Year by the Small Business on Monday to comfort them and lend crime that occurred January 27, 1993 in Administration of the United States. support. I regret that due to scheduling Queens, NY. A gay man was beaten by Laurie’s 20 years of experience in the difficulties, I could not return to Wash- two teenagers yelling anti-gay slurs. financial services industry have been ington in time for the vote on the mo- Junior Guerrero, 18, and Michael indispensable to the women in New tion to proceed to the Andean Trade Ithier, 19, were arrested in connection Hampshire’s small business commu- Act.∑ with the incident. nity. Along with serving her current f I believe that government’s first duty position at Fleet, Laurie developed and is to defend its citizens, to defend them administered the Women Building COLONEL DERRELL B. JEFFORDS, against the harms that come out of Wealth Program of Fleet. The program, USAF hate. The Local Law Enforcement En- which consists of monthly informal ∑ Mr. MCCAIN. Mr. President, I rise hancement Act of 2001 is now a symbol seminars for business women, has been today to honor a great American pa- that can become substance. I believe crucial to those within New Hamp- triot, Colonel Derrell B. Jeffords, that by passing this legislation and shire. Laurie’s time mentoring women USAF. As a young man, Colonel Jef- changing current law, we can change has been above and beyond any call of fords knew that he wanted to serve his hearts and minds as well.∑ duty. She has been credited with con- country in the military, dreaming of f sistently going the extra mile for busi- becoming an Air Force pilot. He began nesswomen to succeed and always ex- TRIBUTE TO THE NASHUA HIGH to realize his goals in June of 1944, tending herself within the business SCHOOL AP GOVERNMENT CLASS when he graduated from the United community. States Army Air Force Cadet Flying ∑ Mr. SMITH of New Hampshire. Mr. I commend Laurie for her continued School. Over the next 22 years of dedi- President, I rise today to pay tribute dedication to the women in New Hamp- cated service, he distinguished himself to Tarin Lafrance and her Nashua Sen- shire’s business community. Her ac- not only as a skilled pilot, but also as ior High School AP government class. tions set a positive example for the an outstanding leader. After tours at 12 The class was chosen to represent the Granite State. Her commitment and different bases in 20 years he answered State of New Hampshire in the ‘‘We the business savvy are well respected and his nation’s call once more. In October People . . .’’ national competition. admired amongst her peers and are ex- of 1965, Colonel Jeffords reported to Nashua will compete against other emplified by her position within the Vietnam for what would turn out to be States in analyzing and interpreting Fleet organization. I look forward to his final deployment. On Christmas the Constitution of the United States seeing more of Laurie Chandler within Eve 1965, just as President Johnson an- as it applies in everyday life. our business community and wish her nounced a week long bombing halt in As a former schoolteacher, I com- continued success. It is an honor to North Vietnam, Colonel Jeffords’ fam- mend Tarin Lafrance and the entire represent you in the Senate.∑ ily received the painful telegram de- class for their hard work in this com- f claring him Missing in Action. His fam- petition. The students’ dedication is ily learned that while on an armed re- evident as shown through their strong TRIBUTE TO JERRY MILLER connaissance mission, just south of commitment to excellence in edu- ∑ Mr. SMITH of New Hampshire. Mr. Ban Bac, Laos, Colonel Jeffords’ C–47 cation. I applaud their efforts and inno- President, I rise today to pay tribute ‘‘Spooky’’ had been shot down. vative interpretations of the Constitu- to Jerry Miller of Hampton. Jerry has Deryl Jeffords was only 13 years old tion. In working to gain a better under- been chosen as the New Hampshire when her father was shot down. She standing of our democratic Republic, Business Journalist of the Year by the was forced to remember him through the class studied the historical back- Small Business Administration of the the letters that he wrote from Viet- ground of the Constitution, the three United States. Jerry serves as a cor- nam. Those letters never reflected any branches of government, judicial re- respondent for the Union Leader and sign of fear, resentment or anger at view, the Bill of Rights, and the Con- New Hampshire Sunday News for the being in Vietnam. To Colonel Jeffords, stitution as it applies in today’s soci- Portsmouth and Seacoast regions of it was not a duty to serve in Vietnam, ety. So much of our Nation’s history the State. it was an honor. I was recently con- revolves around the Constitution, and Jerry has worked tirelessly to report tacted by Ms. Jeffords, who told me more importantly, this document on New Hampshire’s small businesses about her father’s life. Moved by the serves as the foundation of all our Gov- for the past 12 years, covering issues

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.056 pfrm12 PsN: S30PT1 S3558 CONGRESSIONAL RECORD — SENATE April 30, 2002 including Pease Air Force Base and the of the Year by the Small Business Ad- Laura Monica will continue to work Portsmouth Naval Shipyard. His career ministration of the United States. hard in putting High Point on the map. has been long and distinguished in both GTi began in 1994 as a two person With High Point being named as one of print and broadcast journalism, report- home-based operation and has grown the ‘‘Top Ten Best Companies To Work ing on hundreds of issues each year. into an 80 employee firm with this for in New Hampshire’’ by NH Business His dedication to the readers of New year’s projected annual sales of $30 mil- Magazine, we can be sure to see even Hampshire is evident in the stories he lion. As one of New Hampshire’s great more great things from Laura Monica writes; I commend him on success. As export success stories, GTi has gained and her team at High Point Commu- Jerry so humbly stated, ‘‘I have never national recognition and numerous nications. I wish her continued success tired of covering business in the Gran- business awards. In 1997 GTi was des- in years to come, it is an honor to rep- ite State, where the entrepreneurial ignated one of Entrepreneur Maga- resent you in the Senate.∑ spirit is alive and well. It’s a spirit I’ve zine’s top 100 fastest growing compa- seen every day in the men and women nies, as well as the president and CEO f who take the risks associated with Kedar P. Gupta being named Entre- TRIBUTE TO ROBERT G. CARON businesses and job creation, so that preneur of the Year. Along with numer- they and others may enjoy their per- ous entrepreneurial awards for both ∑ Mr. SMITH of New Hampshire. Mr. ceptions of the American dream.’’ This Kedar and the executive vice-president President, I rise today to pay tribute further exemplifies why he was such a Jonathan A. Talbott, GTi received to Mr. Robert G. Caron of Rye. Robert deserving candidate for this award. NASA’s Commitment to Excellence was named New Hampshire’s SCORE I applaud Jerry on receiving this award of 1998 and Deloitte & Touche’s Counselor of the Year by the U.S. award and wish him continued success 2000 list of the top 50 fastest growing Small Business Administration. His in keeping New Hampshire well in- technology companies. I applaud the outstanding service to the Portsmouth formed. His commitment to small busi- dedication and hard work that Jona- Service Corps of Retired Executives ness is a positive example for the State than and Kedar have shown in the rise made him the perfect candidate for and I look forward to reading Jerry’s of their company. They have set a posi- this year’s award. next article. It is an honor to represent tive example of the risk and reward as- I applaud his continued service and you in the Senate.∑ sociated with starting and owning a commitment to New Hampshire’s small f small business for the Granite State. business community. His dedication to As a former small business owner, I helping his fellow Granite Staters is TRIBUTE TO PETER F. BURGER can appreciate the efforts required to exemplary. In his fourth year as a ∑ Mr. SMITH of New Hampshire. Mr. have a successful business, and I wish SCORE member, Robert is considered President, I rise today to pay tribute GTi continued success in the coming to be one of the most active counselors to Mr. Peter F. Burger of Concord. years. As Jonathan so humbly stated, in the organization. Using his experi- Peter was recently named New Hamp- ‘‘As a company we strive to meet and ence as the former senior vice presi- shire’s Special District Advocate of the exceed the expectations of our cus- dent and CEO of an international Year by the U.S. Small Business Ad- tomers, and that’s the key to our suc- chemical manufacturing company, he ministration. Currently practicing cess. This award is really our employ- is able to effectively use his expertise with the law firm of Orr & Reno, Pe- ees, for their hard work, dedication, in general management, marketing, ter’s exemplary contribution to the and long hours.’’ It is an honor to rep- profit and working capital improve- small business community over the resent you in the Senate.∑ ment, strategic thinking and financial year made him the likely recipient of f reporting. this award. The business savvy that Robert TRIBUTE TO LAURA L. MONICA I applaud Peter’s commitment to the brings to New Hampshire’s small busi- International Trade Resource Center of ∑ Mr. SMITH of New Hampshire. Mr. ness community is to be commended. Portsmouth. He has made time over President, I rise today to pay tribute His continued service to the Granite the past decade to volunteer his serv- to Laura L. Monica, New Hampshire’s State is a positive example for others. ices and expertise to the center, teach- Small Business Person of the Year by Robert so humbly stated, ‘‘I’m grateful ing classes and taking clients on a pro the U.S. Small Business Administra- that SCORE has given me the oppor- bono basis. Peter’s time spent volun- tion. Laura is currently president and tunity to use my skills to help others teering has been crucial to the center’s owner of the Bow based company, High in our community.’’ New Hampshire is clients. Without his contributions, the Point Communications Group. also grateful. It is an honor to rep- ITRC would not have been able to offer I applaud Laura’s determination and resent you in the Senate.∑ competitive and complete services to hard work in making High Point one of New Hampshire’s small businesses. New Hampshire’s successful small busi- f New Hampshire’s small business com- nesses. As a former small business munity is privileged to have such a owner, I understand the amount of en- MESSAGE FROM THE HOUSE dedicated member of their community. ergy that starting and running your Under the authority of the order of Peter has generously volunteered his own business requires. Laura started as the Senate of January 3, 2001, the Sec- time advising on numerous issues in- a one woman team and has taken her retary of the Senate, during the recess cluding trademark protection and li- company to a nine-person staff, with of the Senate, received a message from censing, contract issues related to e- revenues exceeding $2.2 million. Laura the House of Representatives announc- commerce, financing, and mergers and followed her dream of changing and ing that the House has passed the fol- acquisitions. Without the competitive evolving the typical ‘‘public relations’’ lowing bill, without amendment: edge ITRC and Peter offer to our model into a new strategic communica- S. 2248. An act to extend the authority of State’s small businesses, they would be tions model designed specifically for the Export-Import Bank until May 31, 2002. at a disadvantage to their competition. businesses. I commend Peter on his dedication to By reaching out and taking risks, f the Granite State. It is an honor to Laura was able to make her dream of ENROLLED BILL SIGNED represent you in the Senate.∑ innovative and creative strategic com- f munications a reality. I commend her Under the authority of the order of business savvy and exceptional work the Senate of January 3, 2001, the fol- TRIBUTE TO GT EQUIPMENT ethic in the field of public relations. lowing enrolled bill, previously signed TECHNOLOGIES, INC. She has brought High Point to a higher by the Speaker of the House, was ∑ Mr. SMITH of New Hampshire. Mr. level of work productivity and created signed subsequently by the Acting President, I rise today to pay tribute a company which is able to compete President pro tempore (Mr. NELSON of to GT Equipment Technologies, Inc of with corporations. I will continue to Nebraska). Nashua, which has been chosen as New work hard to protect New Hampshire’s S. 2248. An act to extend the authority of Hampshire’s Small Business Exporter small businesses as I am assured that the Export-Import Bank until May 31, 2002.

VerDate 11-MAY-2000 05:04 May 01, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.020 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3559 MEASURE HELD AT THE DESK ment of Agriculture, transmitting, pursuant Federal Rules of Civil Procedure that have to law, the report of a rule entitled ‘‘Olives been adopted by the Supreme Court of the The following concurrent resolution Grown in California; Increased Assessment Untied States; to the Committee on the Ju- was ordered held at the desk by unani- Rate’’ (Doc. No. FV02–932–1 FIR) received on diciary. mous consent: April 29, 2002; to the Committee on Agri- EC–6637. A communication from the Chief S. Con. Res. 103. Concurrent resolution sup- culture, Nutrition, and Forestry. Justice of the Supreme Court of the United porting the goals and ideals of National Bet- EC–6627. A communication from the Ad- States, transmitting, amendments to the ter Hearing and Speech Month, and for other ministrator, Agricultural Marketing Serv- Federal Rules of Bankruptcy Procedure that purposes. ice, Fruit and Vegetable Programs, Depart- have been adopted by the Supreme Court of ment of Agriculture, transmitting, pursuant f the United States; to the Committee on the to law, the report of a rule entitled ‘‘Tart Judiciary. EXECUTIVE AND OTHER Cherries Grown in the States of Michigan, et EC–6638. A communication from the Chief COMMUNICATIONS al.; Increased Assessment Rates’’ (Doc. No. Justice of the Supreme Court of the United FV02–930–2FR) received on April 29, 2002; to States, transmitting, amendments to the The following communications were the Committee on Agriculture, Nutrition, Federal Rules of Appellate Procedure that laid before the Senate, together with and Forestry. have been adopted by the Supreme Court of accompanying papers, reports, and doc- EC–6628. A communication from the Ad- the United States; to the Committee on the uments, which were referred as indi- ministrator, Agricultural Marketing Serv- Judiciary. cated: ice, Fruit and Vegetable Programs, Depart- EC–6639. A communication from the Chief ment of Agriculture, transmitting, pursuant EC–6618. A communication from the Sec- Justice of the Supreme Court of the United to law, the report of a rule entitled ‘‘Grapes retary of the Air Force, transmitting, pursu- States, transmitting, amendments to the Grown in a Designated Area of Southeastern ant to law, the report of an Average Procure- Federal Rules of Criminal Procedure that California ; Revision to Container and Pack ment Unit Cost (APUC) breach; to the Com- have been adopted by the Supreme Court of Requirements’’ (Doc. No. FV02–925–2 IFR) re- mittee on Armed Services. the United States; to the Committee on the EC–6619. A communication from the Acting ceived on April 29, 2002; to the Committee on Judiciary. Director, Office of Surface Mining, Depart- Agriculture, Nutrition, and Forestry. EC–6629. A communication from the Con- f ment of the Interior, transmitting, pursuant gressional Review Coordinator, Animal and to law, the report of a rule entitled ‘‘West INTRODUCTION OF BILLS AND Plant Health Inspection Service, Department Virginia Regulatory Program’’ (WV–088– JOINT RESOLUTIONS of Agriculture, transmitting, pursuant to FOR) received on April 26, 2002; to the Com- law, the report of a rule entitled ‘‘Citrus The following bills and joint resolu- mittee on Energy and Natural Resources. Canker Quarantined Areas; Technical tions were introduced, read the first EC–6620. A communication from the Direc- Amendment’’ (Doc. No. 01–079–3) received on tor, Office of Congressional Affairs, Nuclear and second times by unanimous con- April 29, 2002; to the Committee on Agri- Material Safety and Safeguards, Nuclear sent, and referred as indicated: culture, Nutrition, and Forestry. By Mr. BIDEN (for himself, Mr. ALLEN, Regulatory Commission, transmitting, pur- EC–6630. A communication from the Con- Mr. HOLLINGS, Mrs. BOXER, Mrs. MUR- suant to law, the report of a rule entitled gressional Review Coordinator, Animal and RAY, Mr. SMITH of Oregon, Mr. NEL- Final Rules—10 CFR Part 35, ‘‘Medical Use of Plant Health Inspection Service, Department SON of Nebraska, and Mr. DORGAN): Byproduct Materials,’’ 10 CFR Part 20, of Agriculture, transmitting, pursuant to S. 2395. A bill to prevent and punish coun- ‘‘Standards for Protection Against Radi- law, the report of a rule entitled ‘‘Steam terfeiting and copyright piracy, and for ation,’’ and 10 CFR Part 32, ‘‘Specific Domes- Treatment of Golden Nematode-Infested other purposes; to the Committee on the Ju- tic Licenses to Manufacture or Transfer Cer- Farm Equipment, Construction Equipment, diciary. tain Items Containing Byproduct Material’’ and Containers’’ (Doc. No. 01–050–2) received By Mr. CARPER: (RIN3150–AF74) received on April 26, 2002; to on April 29, 2002; to the Committee on Agri- S. 2396. A bill to suspend temporarily the the Committee on Environment and Public culture, Nutrition, and Forestry. Works. EC–6631. A communication from the Con- duty on prodiamine technical; to the Com- EC–6621. A communication from the Vice gressional Review Coordinator, Animal and mittee on Finance. Chairman of the Export-Import Bank, trans- Plant Health Inspection Service, Department By Mr. CARPER: mitting, a report relative to a transaction of Agriculture, transmitting, pursuant to S. 2397. A bill to suspend temporarily the involving U.S. exports to Israel; to the Com- law, the report of a rule entitled ‘‘Limited duty on thiamethoxam technical; to the mittee on Banking, Housing, and Urban Af- Ports of Entry for Pet Birds, Performing or Committee on Finance. fairs. Theatrical Birds, and Poultry and Poultry By Mr. CARPER: EC–6622. A communication from the Vice Products’’ (Doc. No. 01–121–2) received on S. 2398. A bill to suspend temporarily the Chairman of the Export-Import Bank, trans- April 29, 2002; to the Committee on Agri- duty on mixtures of fluazinam; to the Com- mitting, pursuant to law, a report relative to culture, Nutrition, and Forestry. mittee on Finance. a transaction involving U.S. exports to Ma- EC–6632. A communication from the Con- By Mr. CARPER: laysia; to the Committee on Banking, Hous- gressional Review Coordinator, Animal and S. 2399. A bill to suspend temporarily the ing, and Urban Affairs. Plant Health Inspection Service, Department duty on benzyl carbazate; to the Committee EC–6623. A communication from the Vice of Agriculture, transmitting, pursuant to on Finance. Chairman of the Export-Import Bank, trans- law, the report of a rule entitled ‘‘Texas By Mr. CARPER: mitting, pursuant to law, a report relative to (Splenetic) Fever in Cattle; Incorporation by S. 2400. A bill to suspend temporarily the a transaction involving U.S. exports to Aus- Reference’’ (Doc. No. 01–110–1) received on duty on esfenvalerate technical; to the Com- tria; to the Committee on Banking, Housing, April 29, 2002; to the Committee on Agri- mittee on Finance. and Urban Affairs. culture, Nutrition, and Forestry. By Mr. CARPER: EC–6624. A communication from the Ad- EC–6633. A communication from the Con- S. 2401. A bill to suspend temporarily the ministrator, Dairy Programs, Agricultural gressional Review Coordinator, Animal and duty on triflusulfuron methyl formulated Marketing Service, Department of Agri- Plant Health Inspection Service, Department product; to the Committee on Finance. culture, transmitting, pursuant to law, the of Agriculture, transmitting, pursuant to By Mr. CARPER: report of a rule entitled ‘‘Milk in the Upper law, the report of a rule entitled ‘‘Gypsy S. 2402. A bill to suspend temporarily the Midwest Marketing Area—Interim Order’’ Moth Generally Infested Areas’’ (Doc. No. 01– duty on Avaunt and Steward; to the Com- (Doc. No. DA–01–03; AO–361–A35) received on 049–2) received on April 29, 2002; to the Com- mittee on Finance. April 29, 2002; to the Committee on Agri- mittee on Agriculture, Nutrition, and For- By Mr. CARPER: culture, Nutrition, and Forestry. estry. S. 2403. A bill to suspend temporarily the EC–6625. A communication from the Ad- EC–6634. A communication from the Assist- duty on 50% Homopolymer, 3- ministrator, Agricultural Marketing Serv- ant Attorney General, Office of Legislative (dimethylamino) propyl amide, dimethyl sul- ice, Fruit and Vegetable Programs, Depart- Affairs, Department of Justice, transmit- fate-quaternized 50% polyricinoleic acid; to ment of Agriculture, transmitting, pursuant ting, pursuant to law, the 2000 Annual Re- the Committee on Finance. to law, the report of a rule entitled ‘‘Mar- port of the National Institution of Justice By Mr. CARPER: keting Order Regulating the Handling of (NIJ); to the Committee on the Judiciary. S. 2404. A bill to suspend temporarily the Spearmint Oil Produced in the Far West; EC–6635. A communication from the Acting duty on black CPW stage, 2,7-naphthalene Salable Quantities and Allotment Percent- Attorney General, Department of Justice, disulfonic acid, 4-amino-3-[[4-[[-4-[(2 or 4- ages for the 2002–2003 Marketing Year’’ (Doc. transmitting, pursuant to law, a report rel- amino-4 or 2-hydroxylphenyl)azo] No. FV02–985–1FR) received on April 29, 2002; ative to the Foreign Intelligence Surveil- phenyl]amino]-3-sulfophenyl]azo]-5-hydroxy- to the Committee on Agriculture, Nutrition, lance Act of 1978; to the Committee on the 6-(phenylazo)-trisodium salt; to the Com- and Forestry. Judiciary. mittee on Finance. EC–6626. A communication from the Ad- EC–6636. A communication from the Chief By Mr. CARPER: ministrator, Agricultural Marketing Serv- Justice of the Supreme Court of the United S. 2405. A bill to suspend temporarily the ice, Fruit and Vegetable Programs, Depart- States, transmitting, amendments to the duty on fast black 287 NA paste, 1,3-

VerDate 11-MAY-2000 05:04 May 01, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.024 pfrm12 PsN: S30PT1 S3560 CONGRESSIONAL RECORD — SENATE April 30, 2002 benzenedicarboxylic acid, 5-[[4-[(7-amino-1- By Mr. CARPER: SUBMISSION OF CONCURRENT AND hydroxy-3-sulfo-2-naphthalenyl) azo]-1- S. 2418. A bill to suspend temporarily the SENATE RESOLUTIONS naphthalenyl]azo]-, trisodium salt; to the duty on cyan 485/4 stage, copper, [29H,31H- The following concurrent resolutions Committee on Finance. phthalocyaninato (2-)-xN29,xN30,xN31 ,xN32]- By Mr. CARPER: aminosylfonyl [(2-hydroxy-ethyl)amino] and Senate resolutions were read, and S. 2406. A bill to suspend temporarily the sulfonyl sulfo derivatives, sodium salt; to referred (or acted upon), as indicated: duty on fast black 287 NA liquid feed, 1,3- the Committee on Finance. By Mrs. FEINSTEIN (for herself, Mr. benzenedicarboxylic acid, 5-[[4-[(7-amino-1- By Mr. CARPER: HATCH, Ms. STABENOW, Mr. REID, Mrs. hydroxy-3-sulfo-2-naphthalenyl)azo]-1- S. 2419. A bill to suspend temporarily the BOXER, Mr. KENNEDY, Mr. CLELAND, naphthalenyl]az o]-, trisodium salt; to the Ms. CANTWELL, Mr. WYDEN, Mr. Committee on Finance. duty on R118118 Salt; to the Committee on THOMAS, Mr. BINGAMAN, Mr. DOMEN- By Mr. CARPER: Finance. ICI, Mr. JEFFORDS, Mrs. MURRAY, Mr. S. 2407. A bill to suspend temporarily the By Mr. CARPER: ROBERTS, Mr. FEINGOLD, Mr. HELMS, duty on fast yellow 2 stage, 1,3- S. 2420. A bill to suspend temporarily the Mr. SARBANES, and Mr. AKAKA): benzenedicarboxylic acid, 5,5’-[[6-(4- duty on NSMBA; to the Committee on Fi- S. Res. 255. A resolution to designate the morpholinyl)-1,3,5-triazine-2,4- nance. week beginning May 5, 2002, as ‘‘National diyl]bis(imino-4,1-phenyleneazo)]bis-, ammo- By Mr. FEINGOLD (for himself and Mr. Correctional Officers and Employees Week’’; nium/sodium/hydrogen salt; to the Com- DOMENICI): to the Committee on the Judiciary. mittee on Finance. S. 2421. A bill to amend section 402A of the By Mr. LOTT: By Mr. CARPER: Higher Education Act of 1965 to define the S. Res. 256. A resolution making Minority S. 2408. A bill to suspend temporarily the terms different campus and different popu- party appointments for the Special Com- duty on cyan 1 RO feed, copper, [29H,31H- lation; to the Committee on Health, Edu- mittee on Aging for the 107th Congress; con- phthalocyaninato(2-)-N29,N30,N31,N32]-, cation, Labor, and Pensions. sidered and agreed to. aminosulfonyl sulfo derivatives, sodium By Mrs. CLINTON (for herself and Mr. By Mr. BYRD: salts; to the Committee on Finance. SCHUMER): S. Res. 257. A resolution expressing the By Mr. CARPER: S. 2409. A bill to suspend temporarily the S. 2422. A bill to suspend temporarily the gratitude of the United States Senate for the duty on cyan 1 stage, copper, [29H,31H- duty on low expansion laboratory glass; to service of Suzanne D. Pearson to the Office phthalocyaninato(2-)-N29,N30,N31,N32]-, the Committee on Finance. of Legislative Counsel; considered and aminosulfonyl sulfo derivatives. Tetra meth- By Mrs. CLINTON (for herself and Mr. agreed to. yl ammonium salts; to the Committee on Fi- SCHUMER): By Mrs. CLINTON (for herself, Mr. CAMPBELL, Mr. DEWINE, Mr. ED- nance. S. 2423. A bill to suspend temporarily the WARDS, Mr. JOHNSON, Ms. LANDRIEU, By Mr. CARPER: duty on low expansion laboratory glass; to Mr. LEVIN, Mrs. MURRAY, Mr. ROCKE- S. 2410. A bill to suspend temporarily the the Committee on Finance. duty on cyan 1 OF stage, copper, [29H,31H- FELLER, and Mr. TORRICELLI): By Mrs. CLINTON (for herself and Mr. S. Con. Res. 103. A concurrent resolution phthalocyaninato(2-)-N29,N30,N31,N32]-, SCHUMER): aminosulfonyl sulf derivatives, sodium salts; supporting the goals and ideals of National to the Committee on Finance. S. 2424. A bill to suspend temporarily the Better Hearing and Speech Month, and for By Mr. CARPER: duty on low expansion laboratory glass; to other purposes; ordered held at the desk. the Committee on Finance. S. 2411. A bill to suspend temporarily the ADDITIONAL COSPONSORS duty on cyan 9075 stage, copper, [29H,31H- By Mr. BAYH (for himself and Mr. phthalocyaninato(2-)-N29,N30,N31,N32]-, BROWNBACK): S. 839 aminosulfonyl sulfo derivatives, sodium S. 2425. A bill to prohibit United States as- At the request of Mr. LEAHY, his salts; to the Committee on Finance. sistance and commercial arms exports to name was added as a cosponsor of S. By Mr. CARPER: countries and entities supporting inter- 839, a bill to amend title XVIII of the S. 2412. A bill to suspend temporarily the national terrorism; to the Committee on Social Security Act to increase the duty on yellow 1 stage, 1,5- Foreign Relations. amount of payment for inpatient hos- naphthalenedisulfonic acid, 3 ,3’-[[6-[(2-hy- By Mr. SCHUMER: droxyethyl)amino]-1,3,5-triazine-2 ,4- pital services under the Medicare Pro- S. 2426. A bill to increase security for gram and to freeze the reduction in diyl]bis[imino(2-methyl-4,1-phen- United States ports, and for other purposes; ylene)azo]]bis-, tetrasodium salt; to the to the Committee on Finance. payments to hospitals for indirect Committee on Finance. By Mr. BINGAMAN: costs of medical education. By Mr. CARPER: S. 2427. A bill to require the National Insti- At the request of Mrs. HUTCHISON, the S. 2413. A bill to suspend temporarily the names of the Senator from North Caro- duty on yellow 1 G stage, benzenesulfonic tutes of Mental Health and the Human Re- acid, 3,3’-[carbonylbis[imino(3-methoxy-4 ,1- sources and Services Administration to lina (Mr. EDWARDS) and the Senator phenylene)azo]]bis-, disodium salt; to the award grants to prevent and treat depres- from Washington (Ms. CANTWELL) were Committee on Finance. sion; to the Committee on Health, Edu- added as cosponsors of S. 839, supra. By Mr. CARPER: cation, Labor, and Pensions. S. 913 By Mr. KERRY (for himself, Ms. S. 2414. A bill to suspend temporarily the At the request of Ms. SNOWE, the SNOWE, Mr. HOLLINGS, Mr . STEVENS, duty on yellow 746 stage, 1,3- bipyridirium, 3- names of the Senator from Delaware carboxy-5’-[(2-carboxy-4-sulfophenyl)azo]- Mr. BREAUX, Mr. MURKOWSKI, Mr. 1,2’, dihydro-6’-hydroxy-4’-methyl-2’-oxo, SARBANES, Mr. REED, and Mr. FEIN- (Mr. BIDEN) and the Senator from inner salt, lithium/sodium salt; to the Com- GOLD): Vermont (Mr. JEFFORDS) were added as mittee on Finance. S. 2428. A bill to amend the National Sea cosponsors of S. 913, a bill to amend By Mr. CARPER: Grant College Program Act; to the Com- title XVIII of the Social Security Act S. 2415. A bill to suspend temporarily the mittee on Commerce, Science, and Transpor- to provide for coverage under the Medi- duty on black SCR stage, 2,7-naphthalene tation. care Program of all oral anticancer disulfonic acid, 4-amino-3-[[4-[[-4-[(2 or 4 By Mr. HUTCHINSON (for himself, Mr. drugs. -amino-4 or 2- CRAIG, Mr. ENZI, Mr. GREGG, Mr. S. 999 hydroxyphenyl)azo]phenyl]amino]-3- HAGEL, Mr. INHOFE, and Mr. SMITH of At the request of Mr. BINGAMAN, the sulfophenyl] axo]-5-hydroxy-6-(phenylazo)- New Hampshire): trisodium salt; to the Committee on Fi- name of the Senator from Delaware S. 2429. A bill to amend the Internal Rev- nance. (Mr. CARPER) was added as a cosponsor enue Code of 1986 to allow an above-the-line By Mr. CARPER: deduction from certain expenses in connec- of S. 999, a bill to amend title 10, S. 2416. A bill to suspend temporarily the United States Code, to provide for a duty on magenta 3B-OA stage, 2-[[4-chloro- tion with the determination, collection, or 6[[8-hydroxy-3 ,6-disulphonate-7-[(1-sulpho-2- refund of any tax; to the Committee on Fi- Korea Defense Service Medal to be naphthalenyl) azo]-1-naphthalenyl] amino]- nance. issued to members of the Armed Forces 1,3,5-triazin-2-yl]amino]-5-sulphobenzoic By Mr. BREAUX (for himself, Mr. NICK- who participated in operations in acid, sodium/lithium salts; to the Committee LES, Mr. CLELAND, Mr. BROWNBACK, Korea after the end of the Korean War. Mr. MILLER, Mrs. HUTCHISON, and Mr. on Finance. S. 1194 HUTCHINSON): By Mr. CARPER: At the request of Mr. SPECTER, the S. 2417. A bill to suspend temporarily the S. 2430. A bill to provide for parity in regu- name of the Senator from Virginia (Mr. duty on yellow 577 stage, 5-(4-[4-[4-(4 ,8- latory treatment of broadband services pro- disulfonaphthalen-2-ylazo)-phenylamino]-6- viders and of broadband access services pro- ALLEN) was added as a cosponsor of S. (2-sulfoethylamino)-[1,3 ,5]triazin-2- viders, and for other purposes; to the Com- 1194, a bill to impose certain limita- ylamino]phenylazo)isophthalic acid/sodium mittee on Commerce, Science, and Transpor- tions on the receipt of out-of-State mu- salt; to the Committee on Finance. tation. nicipal solid waste, to authorize State

VerDate 11-MAY-2000 05:04 May 01, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.026 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3561 and local controls over the flow of mu- velopment of weapons of mass destruc- To put that in perspective, with a bil- nicipal solid waste, and for other pur- tion, cease its illegal importation of lion dollars in additional revenue, the poses. Iraqi oil, and by so doing hold Syria ac- American government could pay for S. 1339 countable for its role in the Middle child care services for more than At the request of Mr. CAMPBELL, the East, and for other purposes. 100,000 children annually. Alter- name of the Senator from Hawaii (Mr. S. 2384 natively, $1 billion could be used to INOUYE) was added as a cosponsor of S. At the request of Mr. LEVIN, the fund a Senate proposal to assist 1339, a bill to amend the Bring Them name of the Senator from Michigan schools nationally with emergency Home Alive Act of 2000 to provide an (Ms. STABENOW) was added as a cospon- school renovations and repairs. asylum program with regard to Amer- sor of S. 2384, a bill to establish a joint There’s another problem. Counter- ican Persian Gulf War POW/MIAs, and United States-Canada customs inspec- feiters of software, music CDs and mo- for other purposes. tion project. tion pictures are now tampering with authentication features. Holograms, S. 1644 S. RES. 247 certificates of authenticity, and other At the request of Mr. CAMPBELL, the At the request of Mr. LIEBERMAN, the security features allow the copyright name of the Senator from Vermont names of the Senator from Montana owners to distinguish genuine works (Mr. LEAHY) was added as a cosponsor (Mr. BAUCUS), the Senator from Cali- from counterfeits. But now, highly so- of S. 1644, a bill to further the protec- fornia (Mrs. BOXER), the Senator from phisticated counterfeiters have found tion and recognition of veterans’ me- Iowa (Mr. HARKIN), the Senator from ways to tamper with these features to morials, and for other purposes. Arkansas (Mrs. LINCOLN), the Senator make counterfeit products appear gen- S. 1917 from Rhode Island (Mr. REED), and the uine and to increase the selling price of Senator from Oregon (Mr. WYDEN) were At the request of Mr. JEFFORDS, the genuine products and licenses. Put an- added as cosponsors of S. Res. 247, a name of the Senator from New Mexico other way, not only do crooks illegally resolution expressing solidarity with (Mr. DOMENICI) was added as a cospon- copy American intellectual property, Israel in its fight against terrorism. sor of S. 1917, a bill to provide for high- they also now illegally fake or steal way infrastructure investment at the f the very features property owners use guaranteed funding level contained in to prevent that theft. the Transportation Equity Act for the STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS Copyrights mean nothing if govern- 21st Century. ment authorities fail to enforce the S. 1998 By Mr. BIDEN (for himself, Mr. protections they provide intellectual At the request of Mr. ENSIGN, the ALLEN, Mr. HOLLINGS, Mrs. property owners. The criminal code has name of the Senator from Virginia (Mr. BOXER, Mrs. MURRAY, Mr. not kept up with the counterfeiting op- ALLEN) was added as a cosponsor of S. SMITH of Oregon, Mr. NELSON of erations of today’s high-tech pirates, 1998, a bill to amend the Higher Edu- Nebraska, and Mr. DORGAN): and it’s time to make sure that it does. cation Act of 1965 with respect to the S. 2395. A bill to prevent and punish The Anticounterfeiting Amendments of qualifications of foreign schools. counterfeiting and copyright piracy, 2002 update and strengthen the Federal S. 2194 and for other purposes; to the Com- criminal code, which currently makes mittee on the Judiciary. At the request of Mr. MCCONNELL, it a crime to traffic in counterfeit la- the names of the Senator from New Mr. BIDEN. Mr. President, I rise bels or copies of certain forms of intel- today to introduce the Anticounterfeit- Hampshire (Mr. SMITH), the Senator lectual property, but not authentica- ing Amendments of 2002, along with from Alabama (Mr. SESSIONS), and the tion features. For example, we can cur- Senators ALLEN, HOLLINGS, BOXER, Senator from Georgia (Mr. MILLER) rently prosecute someone for traf- were added as cosponsors of S. 2194, a MURRAY, SMITH of Oregon, NELSON of ficking in fake labels for a computer bill to hold accountable the Palestine Nebraska, and DORGAN. program, but we cannot go after them Liberation Organization and the Pales- In February of this year, I held a for faking the hologram that the soft- tinian Authority, and for other pur- hearing entitled, ‘‘Theft of American ware maker uses to ensure that copies poses. Intellectual Property: Fighting Crime of the software are genuine. Abroad and At Home,’’ and I issued a S. 2200 In addition, many actions that vio- report on the status of our fight late current law go unprosecuted in At the request of Mr. BAUCUS, the against this crime. names of the Senator from Oklahoma this day and age when priorities, such What I learned is that every day, as the fight against terrorism and life- (Mr. INHOFE), the Senator from Georgia thieves steal millions of dollars of threatening crimes, necessarily take (Mr. CLELAND), the Senator from Ar- American intellectual property from priority over crimes of property, be kansas (Mrs. LINCOLN), and the Senator its rightful owners. Over a hundred they intellectual or physical. More- from South Dakota (Mr. JOHNSON) were thousand American jobs are lost as a added as cosponsors of S. 2200, a bill to over, the victims of this theft often do result. not have a way to recover their losses amend the Internal Revenue Code of American innovation and creativity 1986 to clarify that the parsonage al- from this crime. For this reason, the need to be protected by our govern- Anticounterfeiting Amendments of 2002 lowance exclusion is limited to the fair ment no less than our personal prop- rental value of the property. also provide a private cause of action, erty, our homes and our streets. The to permit the victims of these crimes S. 2210 Founding Fathers had the foresight to to pursue the criminals themselves and At the request of Mr. SANTORUM, the provide for protection of intellectual recover damages in federal court. name of the Senator from Oklahoma property, giving Congress the power to Current law criminalizes trafficking (Mr. NICKLES) was added as a cosponsor ‘‘promote the progress of science and in counterfeit documentation and of S. 2210, a bill to amend the Inter- useful arts’’ by providing copyrights packaging, but only for software pro- national Financial Institutions Act to and patents. grams. The Anticounterfeiting Amend- provide for modification of the En- American intellectual property rep- ments of 2002 update and expand these hanced Heavily Indebted Poor Coun- resents the largest single sector of the provisions to include documentation tries (HIPC) Initiative. American economy, employing 4.3 mil- and packaging for phonorecords, mo- S. 2215 lion Americans. It has been estimated tion pictures and other audiovisual At the request of Mrs. BOXER, the that software piracy alone cost the works. names of the Senator from New York U.S. economy over 118,000 jobs and $5.7 America is a place where we must en- (Mrs. CLINTON), the Senator from New billion in wage losses in the year 2000. courage diverse ideas, and with that York (Mr. SCHUMER), and the Senator Even more, the International Planning encouragement we must protect those from Louisiana (Ms. LANDRIEU) were and Research Corporation estimates ideas. They are the source of our added as cosponsors of S. 2215, a bill to that the government loses more than a music, our art, our novels, our movies, halt Syrian support for terrorism, end billion dollars worth of revenue every our software, all that is American cul- its occupation of Lebanon, stop its de- year from intellectual property theft. ture and American know-how. The

VerDate 11-MAY-2000 05:04 May 01, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.035 pfrm12 PsN: S30PT1 S3562 CONGRESSIONAL RECORD — SENATE April 30, 2002 Anticounterfeting Amendments of 2002 ‘‘(2) an illicit authentication feature af- ‘‘(f) CIVIL REMEDIES FOR VIOLATION.— give our ideas the protection they de- fixed to or embedded in, or designed to be af- ‘‘(1) IN GENERAL.—Any copyright owner serve. fixed to or embedded in— who is injured by a violation of this section or is threatened with injury, may bring a I ask unanimous consent that the ‘‘(A) a phonorecord; ‘‘(B) a copy of a computer program; civil action in an appropriate United States text of this bill be printed in the ‘‘(C) a copy of a motion picture or other district court. RECORD. audiovisual work; or ‘‘(2) DISCRETION OF COURT.—In any action There being no objection, the bill was ‘‘(D) documentation or packaging; or brought under paragraph (1), the court— ordered to be printed in the RECORD, as ‘‘(3) counterfeit documentation or pack- ‘‘(A) may grant 1 or more temporary or follows: aging, permanent injunctions on such terms as the court determines to be reasonable to prevent S. 2395 shall be fined under this title or imprisoned or restrain violations of this section; Be it enacted by the Senate and House of Rep- for not more than 5 years, or both.’’; (3) in subsection (b)— ‘‘(B) at any time while the action is pend- resentatives of the United States of America in ing, may order the impounding, on such Congress assembled, (A) in paragraph (2), by striking ‘‘and’’ at the end; terms as the court determines to be reason- able, of any article that is in the custody or SECTION 1. SHORT TITLE. (B) in paragraph (3)— control of the alleged violator and that the This Act may be cited as the (i) by striking ‘‘and ‘audiovisual work’ court has reasonable cause to believe was in- ‘‘Anticounterfeiting Amendments of 2002’’. have’’ and inserting the following: ‘‘, ‘audio- volved in a violation of this section; and SEC. 2. FINDINGS. visual work’, and ‘copyright owner’ have’’; ‘‘(C) may award to the injured party— Congress finds that— and ‘‘(i) reasonable attorney fees and costs; and (1) American innovation, and the protec- (ii) by striking the period at the end and ‘‘(ii)(I) actual damages and any additional tion of that innovation by the government, inserting a semicolon; and profits of the violator, as provided by para- has been a critical component of the eco- (C) by adding at the end the following: graph (3); or nomic growth of this Nation throughout the ‘‘(4) the term ‘authentication feature’ ‘‘(II) statutory damages, as provided by history of the Nation; means any hologram, watermark, certifi- paragraph (4). (2) copyright-based industries represent cation, symbol, code, image, sequence of ‘‘(3) ACTUAL DAMAGES AND PROFITS.— one of the most valuable economic assets of numbers or letters, or other physical feature ‘‘(A) IN GENERAL.—The injured party is en- this country, contributing over 5 percent of that either individually or in combination titled to recover— the gross domestic product of the United with another feature is used by the respec- ‘‘(i) the actual damages suffered by the in- States and creating significant job growth tive copyright owner to verify that a phono- jured party as a result of a violation of this and tax revenues; record, a copy of a computer program, a copy section, as provided by subparagraph (B); and (3) the American intellectual property sec- of a motion picture or other audiovisual ‘‘(ii) any profits of the violator that are at- tor employs approximately 4,300,000 people, work, or documentation or packaging is not tributable to a violation of this section and representing over 3 percent of total United counterfeit or otherwise infringing of any are not taken into account in computing the States employment; copyright; actual damages. (4) the proliferation of organized criminal ‘‘(5) the term ‘documentation or pack- ‘‘(B) CALCULATION OF DAMAGES.—The court counterfeiting enterprises threatens the eco- aging’ means documentation or packaging shall calculate actual damages by nomic growth of United States copyright in- for a phonorecord, copy of a computer pro- multiplying— dustries; gram, or copy of a motion picture or other ‘‘(i) the value of the phonorecords or copies (5) the American intellectual property sec- audiovisual work; and to which counterfeit labels, illicit authen- tor has invested millions of dollars to de- ‘‘(6) the term ‘illicit authentication fea- tication features, or counterfeit documenta- velop highly sophisticated authentication ture’ means an authentication feature, tion or packaging were affixed or embedded, features that assist consumers and law en- that— or designed to be affixed or embedded; by forcement in distinguishing genuine intellec- ‘‘(A) without the authorization of the re- ‘‘(ii) the number of phonorecords or copies tual property products and packaging from spective copyright owner has been tampered to which counterfeit labels, illicit authen- counterfeits; with or altered so as to facilitate the repro- tication features, or counterfeit documenta- (6) in order to thwart these industry ef- duction or distribution of— tion or packaging were affixed or embedded, forts, counterfeiters traffic in, and tamper ‘‘(i) a phonorecord; or designed to be affixed or embedded, with, genuine authentication features, for ‘‘(ii) a copy of a computer program; unless such calculation would underestimate example, by obtaining genuine authentica- ‘‘(iii) a copy of a motion picture or other the actual harm suffered by the copyright tion features through illicit means and then audiovisual work; or owner. commingling these features with counterfeit ‘‘(iv) documentation or packaging; ‘‘(C) DEFINITION.—For purposes of this software or packaging; in violation of the rights of the copyright paragraph, the term ‘value of the phono- (7) Federal law does not provide adequate owner under title 17; record or copy’ means— civil and criminal remedies to combat tam- ‘‘(B) is genuine, but has been distributed, ‘‘(i) the retail value of an authorized pho- pering activities that directly facilitate or is intended for distribution, without the norecord of a copyrighted sound recording; counterfeiting crimes; and authorization of the respective copyright ‘‘(ii) the retail value of an authorized copy (8) in order to strengthen Federal enforce- owner; or of a copyrighted computer program; or ment against counterfeiting of copyrighted ‘‘(C) appears to be genuine, but is not.’’; ‘‘(iii) the retail value of a copy of a copy- works, Congress must enact legislation (4) in subsection (c)— righted motion picture or other audiovisual that— (A) by striking paragraph (3) and inserting work. (A) prohibits trafficking in, and tampering the following: ‘‘(4) STATUTORY DAMAGES.—The injured with, authentication features of copyrighted ‘‘(3) the counterfeit label or illicit authen- party may elect, at any time before final works; and tication feature is affixed to, is embedded in, judgment is rendered, to recover, instead of (B) permits aggrieved parties an appro- or encloses, or is designed to be affixed to, to actual damages and profits, an award of stat- priate civil cause of action. be embedded in, or to enclose— utory damages for each violation of this sec- SEC. 3. PROHIBITION AGAINST TRAFFICKING IN ‘‘(A) a phonorecord of a copyrighted sound tion in a sum of not less than $2,500 or more ILLICIT AUTHENTICATION FEA- recording; than $25,000, as the court considers appro- TURES. ‘‘(B) a copy of a copyrighted computer pro- priate. (a) IN GENERAL.—Section 2318 of title 18, gram; ‘‘(5) SUBSEQUENT VIOLATION.—The court United States Code, is amended— ‘‘(C) a copy of a copyrighted motion pic- may increase an award of damages under (1) by striking the heading and inserting ture or other audiovisual work; or this subsection by 3 times the amount that ‘‘TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT ‘‘(D) documentation or packaging; or’’; and would otherwise be awarded, as the court AUTHENTICATION FEATURES, OR COUNTERFEIT (B) in paragraph (4), by striking ‘‘for a considers appropriate, if the court finds that DOCUMENTATION OR PACKAGING’’; computer program’’; a person has subsequently violated this sec- (2) by striking subsection (a) and inserting (5) in subsection (d)— tion within 3 years after a final judgment the following: (A) by inserting ‘‘or illicit authentication was entered against that person for a viola- ‘‘(a) Whoever, in any of the circumstances features’’ after ‘‘counterfeit labels’’ each tion of this section. described in subsection (c), knowingly traf- place it appears; ‘‘(6) LIMITATION ON ACTIONS.—A civil action fics in— (B) by inserting ‘‘or illicit authentication may not be commenced under this section ‘‘(1) a counterfeit label affixed to, or de- features’’ after ‘‘such labels’’; and unless it is commenced within 3 years after signed to be affixed to— (C) by inserting before the period at the the date on which the claimant discovers the ‘‘(A) a phonorecord; end the following: ‘‘, and of any equipment, violation. ‘‘(B) a copy of a computer program; device, or materials used to manufacture, re- ‘‘(g) OTHER RIGHTS NOT AFFECTED.—Noth- ‘‘(C) a copy of a motion picture or other produce, or assemble the counterfeit labels ing in this section shall enlarge, diminish, or audiovisual work; or or illicit authentication features’’; and otherwise affect liability under section 1201 ‘‘(D) documentation or packaging; (6) by adding at the end the following: or 1202 of title 17.’’.

VerDate 11-MAY-2000 05:04 May 01, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.063 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3563 (b) TECHNICAL AND CONFORMING AMEND- By Mr. CARPER: S. 2414. A bill to suspend temporarily MENT.—The item relating to section 2318 in S. 2406. A bill to suspend temporarily the duty on yellow 746 state, 1,3- the table of sections at the beginning of the duty on fast black 287 NA liquid bipyridirium, 3-carboxy-5′-(2-carboxy-4- chapter 113 of title 18, United States Code, is feed, 1, 3-benzenedicarboxylic acid, 5- sulfophenyl)azo]-1,2′, dihydro-6′-hy- amended by inserting ‘‘or illicit authentica- [[4-[(7-amino-1-hydroxy-3-sulfo-2-naph- ′ ′ tion features’’ after ‘‘counterfeit labels’’. droxy-4 -methyl-2 -oxo, inner salt, lith- thalenyl)azo]-1-naphthalenyl)azo]-, tri- ium/sodium salt; to the Committee on By Mr. CARPER: sodium salt; to the Committee on Fi- Finance. S. 2396. A bill to suspend temporarily nance. the duty on prodiamine technical; to By Mr. CARPER: the Committee on Finance. By Mr. CARPER: S. 2407. A bill to suspend temporarily S. 2415. A bill to suspend temporarily the duty on black SCR stage, 2,7-naph- By Mr. CARPER: the duty on fast yellow 2 stage, 1, 3- S. 2397. A bill to suspend temporarily benzenedicarboxylic acid 5,5′-[[6-(4- thalene disulfonic acid, 4-amino-3-[[-4- the duty on thiamethoxam technical; morpholinyl)-1, 3, 5-triazine-2,4- [(2 or 4 -amino-4 or 2- to the Committee on Finance. diyl]bis(im ino-4, 1-phenyleneazo)]bis-, hydroxphenyl)azo]phenyl]amino]-3- ammonium/sodium/hydrogen salt; to sulfophenyl] axo]-5-hydroxy-6- By Mr. CARPER: the Committee on Finance. (phenylazo)-trisodium salt; to the Com- S. 2398. A bill to suspend temporarily mittee on Finance. the duty on fluazinam; to the Com- By Mr. CARPER: mittee on Finance. S. 2408. A bill to suspend temporarily By Mr. CARPER: the duty on cyan 1 RO feed, copper S. 2416. A bill to suspend temporarily By Mr. CARPER: [29H, 31H-phthalocyaninato (2-) the duty on magenta 3B–OA stage, 2- S. 2399. A bill to suspend temporarily -N29,N30,N31,N32]-aminosulfonyl sulfo [[4-chloro-6[[8-hydroxy-3,6- the duty on benzyl carbazate; to the derivatives, sodium salts; to the Com- disulphonate-7-[(1-sulpho-2- Committee on Finance. mittee on Finance. naphthalenyl)azo]-1- By Mr. CARPER: By Mr. CARPER: naphthalenyl]amino]-1,3,5-triazin-2- S. 2400. A bill to suspend temporarily S. 2409. A bill to suspend temporarily yl]amino]-5-sulphobenzoic acid, so- the duty on esfenvalerate technical; to the duty on cyan 1 stage, copper, [29H, dium/lithium salts; to the Committee the Committee on Finance. 31H-phthalocyaninato(2-)- on Finance. N29,N30,N31,N32]-, aminosulfonyl sulfo By Mr. CARPER: derivatives. Tetra methyl ammonium By Mr. CARPER: S. 2401. A bill to suspend temporarily salts; to the Committee on Finance. S. 2417. A bill to suspend temporarily the duty on triflusulfuron methyl for- the duty on yellow 577 stage, 5-{4-[4-[4- mulated product; to the Committee on By Mr. CARPER: (4,8-disulfonapthalen-2-ylazo)- Finance. S. 2410. A bill to suspend temporarily phenylamino]-6-(2-sulfoethylamino)- the duty on cyan 1 OF stage; copper, By Mr. CARPER: [1,3,5]triazin-2- [29H,31H-phthalocyaninato(2-)- ylamino]phenylazo}isophthalic acid/so- S. 2402. A bill to suspend temporarily N29,N30,N31,N32]-, aminosulfonyl sulfo the duty on Avaunt and Steward; to dium salt; to the Committee on Fi- derivatives, sodium salts; to the Com- nance. the Committee on Finance. mittee on Finance. By Mr. CARPER: By Mr. CARPER: By Mr. CARPER: S. 2403. A bill to suspend temporarily S. 2411. A bill to suspend temporarily S. 2418. A bill to suspend temporarily the duty on 50% Homopolymer, 3- the duty on cyan 9075 stage, copper the duty on cyan 485/4 stage, copper (dimethylamino propyl amide, di- [29H,31H-phthalocyaninato(2-)- [29H,31H-phthalocyaninato (2-)- methyl sulfate-quaternized 50% N29,N30,N31,N32]-, aminosulfonyl sulfo xN29,xN30,xN31,xN32]-aminosylfonyl[(2- polyricinoleic acid; to the Committee derivatives, sodium salts; to the Com- hydroxy-ethyl)amino] sulfonyl sulfo on Finance. mittee on Finance. derivatives, sodium salt; to the Com- mittee on Finance. By Mr. CARPER: By Mr. CARPER: S. 2404. A bill to suspend temporarily S. 2412. A bill to suspend temporarily By Mr. CARPER: the duty on black CPW stage, 2,7-naph- the duty on yellow 1 stage, 1,5- thalene disulfonic acid, 4-amino-3-[[4- naphthalenedisulfonic acid 3,3′-[[6-(2- S. 2419. A bill to suspend temporarily [[-4-[(2 or 4-amino-4 or 2-hydroxyl- hydroxyethy)amino]-1,3,5-triazine-2,4- the duty on R118118 Salt; to the Com- phenyl)azo] phenyl]amino]-3-sulfo- diyl]bis[imino(2-methyl-4, 1-phen- mittee on Finance. phenyl]azo]-5-hydroxy-6-(phenylazo)- ylene)az o]]bis-,tetrasodium salt, to the trisodium salt; to the Committee on Committee on Finance. By Mr. CARPER: Finance. S. 2420. A bill to suspend temporarily By Mr. CARPER: the duty on NSMBA; to the Committee By Mr. CARPER: S. 2413. A bill to suspend temporarily on Finance. S. 2405. A bill to suspend temporarily the duty on yellow 1 G stage Mr. CARPER. Mr. President, I ask the duty on fast black 287 paste, 1,3- benzenesulfonic acid 3,3′- unanimous consent that the text of the benzenedicarboxylic acid 5-[[4[(7- [carbonylbis[imino(3-methoxy-4, 1- bills be printed in the RECORD. amino-1-hydroxy-3-sulfo-2-naphtha- phenylene)azo]]bis-, disodium salt; to lenyl azo]-1-naphthalenyl]azo]-, tri- the Committee on Finance. There being no objection, the bills sodium salt; to the Committee on Fi- were ordered to be printed in the nance. By Mr. CARPER: RECORD, as follows:

S. 2396 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PRODIAMINE TECHNICAL. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.35 Prodiamine technical - 1, 3- benzenediamine, 2,6-dinitro-N1,N1- dipropyl-4-(trifluoromethyl)- (CAS No. 29091–21–2) (provided in subheading 2921.43.80) ...... Free No change No change On or before 12/31/2005 ’’.

VerDate 11-MAY-2000 05:04 May 01, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 8634 E:\CR\FM\A30AP6.030 pfrm12 PsN: S30PT1 S3564 CONGRESSIONAL RECORD — SENATE April 30, 2002

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2397 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. THIAMETHOXAM TECHNICAL. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.35 Thiamethoxam technical -4H-1,3,5- oxadiazin-4-imine, 3-[(2-chloro-5-thiazolyl] methylltetrahydro-5-methyl-N-nitro (CAS No. 153719–23–4) (provided in subheading 2934.10.20) ...... Free No change No change On or before 12/31/2005 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2398 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MIXTURES OF FLUAZINAM. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.35 Fluazinam mixed with - 2-pyridinamine,3- chloro-N-[3-chloro-2,6-dinitro-4- (trifluoromethyl)phenyl]-5- (trifluoromethyl) (CAS No. 79622–59–6) (provided in subheading 3808.20.15) ...... Free No change No change On or before 12/31/2005 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2399 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BENZYL CARBAZATE. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in the numer- ical sequence the following new heading:

‘‘ 9902.29.48 Phenylmethyl hydrazinecarboxylate (CAS No. 5331–43–1) (provided for in subheading 2928.00.25) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2400 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESFENVALERATE TECHNICAL. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in the numer- ical sequence the following new heading:

‘‘ 9902.29.49 (S)-Cyano (3-phenoxy-phenyl)- methyl (S)- 4-chloro-α-(1-methyethyl)-benzeneacetate (CAS No. 66230–04–4) (provided for in sub- heading 2926.90.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2401 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TRIFLUSULFURON METHYL FORMULATED PRODUCT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.16 Mixtures of methyl 2-[[[[[4- (dimethylamino) -6-(2,2,2-trifluoroethoxy) -1,3,5-triazin-2-yl] -amino]carbonyl] amino]sulfonyl]-3-methylbenzoate (CAS No. 126535–15–7) and application adjuvants (provided for in subheading 3808.10.15) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by this section applies with respect to goods entered, or withdrawn from warehouse for con- sumption, on or after the 15th day after the date of enactment of this Act.

S. 2402 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AVAUNT AND STEWARD. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 8634 E:\CR\FM\A30AP6.040 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3565

‘‘ 9902.38.17 Mixtures of (S)-methyl 7-chloro-2,5- dihydro-2-[[(methoxycarbonyl) [4 (trifluoromethoxy) phenyl] amino]-car- bonyl] indeno [1,2-e][1,3,4] oxadiazine-4a- (3H)-carboxylate (CAS Nos. 144171–61–9 and 173584–44–6) and application adjuvants (pro- vided for in subheading 3808.10.25) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by this section applies with respect to goods entered, or withdrawn from warehouse for con- sumption, on or after the 15th day after the date of enactment of this Act.

S. 2403 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 50% HOMOPOLYMER, 3-(DIMETHYLAMINO) PROPYL AMIDE, DIMETHYL SULFATE-QUATERNIZED 50% POLYRICINOLEIC ACID. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.34 50% homopolymer, 3-(dimethylamino) propyl amide, dimethyl sulfate- quaternized 50% polyricinoleic acid (pro- vided for in subheading 3824.90.40.90) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2404 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BLACK CPW STAGE, 2,7-NAPHTHALENE DISULFONIC ACID, 4-AMINO-3-[[4-[[-4-[(2 OR 4 –AMINO-4 OR 2-HYDROXYPHENYL)AZO] PHENYL]AMINO]- 3- SULFOPHENYL]AZO]-5-HYDROXY-6-(PHENYLAZO)-TRISODIUM SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.40 Black CPW stage, 2,7-naphthalene disulfonic acid, 4-amino-3-[[4-[[-4-[(2 or 4 –amino-4 or 2-hydroxyphenyl)azo] phenyl]amino]-3- sulfophenyl]azo]-5-hy- droxy-6-(phenylazo)-trisodium salt. (CAS No. 85631–88–5) (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2405 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FAST BLACK 287 NA PASTE, 1,3-BENZENEDICARBOXYLIC ACID, 5-[[4-[(7-AMINO-1-HYDROXY-3-SULFO-2-NAPHTHALENYL)AZO]-1- NAPHTHALENYL]AZO]-, TRISODIUM SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.35 Fast black 287 NA paste, 1,3- benzenedicarboxylic acid, 5-[[4-[(7-amino-1- hydroxy-3-sulfo-2-naphthalenyl)azo]-1- naphthalenyl]azo]-, trisodium salt. (CAS No. not available) (provided for in sub- heading 3204.14.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2406 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FAST BLACK 287 NA LIQUID FEED, 1,3-BENZENEDICARBOXYLIC ACID, 5-[[4-[(7-AMINO-1-HYDROXY-3-SULFO-2-NAPHTHALENYL)AZO]-1- NAPHTHALENYL]AZO]-, TRISODIUM SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.35 Fast black 287 NA liquid feed, 1,3- benzenedicarboxylic acid, 5-[[4-[(7-amino-1- hydroxy-3-sulfo-2-naphthalenyl)azo]-1- naphthalenyl]azo]-, trisodium salt. (CAS No. not available) (provided for in sub- heading 3204.14.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2407 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FAST YELLOW 2 STAGE, 1,3-BENZENEDICARBOXYLIC ACID, 5,5′-[[6-(4-MORPHOLINYL)-1,3,5-TRIAZINE-2,4-DIYL]BIS(IMINO-4,1- PHENYLENEAZO)]BIS-, AMMONIUM/SODIUM/HYDROGEN SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 8634 E:\CR\FM\A30AP6.040 pfrm12 PsN: S30PT1 S3566 CONGRESSIONAL RECORD — SENATE April 30, 2002

‘‘ 9902.39.36 Fast yellow 2 stage, 1,3- benzenedicarboxylic acid, 5,5′-[[6-(4- morpholinyl)-1,3,5-triazine-2,4- diyl]bis(imino-4,1-phenyleneazo)]bis-, am- monium/sodium/hydrogen salt. (CAS No. not available) (provided for in subheading 3215.19.00.60) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2408 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. CYAN 1 RO FEED, COPPER, [29H,31H-PHTHALOCYANINATO(2-)-N29,N30,N31,N32]-, AMINOSULFONYL SULFO DERIVATIVES, SODIUM SALTS. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.37 Cyan 1 RO feed, copper, [29H,31H- phthalocyaninato(2-)-N29,N30,N31,N32]-, aminosulfonyl sulfo derivatives, sodium salts. (CAS No. 90295–11–7) (provided for in subheading 3204.14.50) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2409 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. CYAN 1 STAGE, COPPER, [29H,31H- PHTHALOCYANINATO(2-)-N29,N30,N31,N32]-, AMINOSULFONYL SULFO DERIVATIVES. TETRA METHYL AMMO- NIUM SALTS. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.41 Cyan 1 stage, copper, [29H,31H- phthalocyaninato(2-)-N29,N30,N31,N32]-, aminosulfonyl sulfo derivatives. Tetra methyl ammonium salts. (CAS No. not available) (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2410 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. CYAN 1 OF STAGE, COPPER, [29H,31H-PHTHALOCYANINATO(2-)-N29,N30,N31,N32]-, AMINOSULFONYL SULFO DERIVATIVES, SODIUM SALTS. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.42 Cyan 1 OF stage, copper, [29H,31H- phthalocyaninato(2-)-N29,N30,N31,N32]-, aminosulfonyl sulfo derivatives, sodium salts. (CAS No. 90295–11–7) (provided for in subheading 3204.14.50) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2411 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. CYAN 9075 STAGE, COPPER, [29H,31H-PHTHALOCYANINATO(2-)-N29,N30,N31,N32]-, AMINOSULFONYL SULFO DERIVATIVES, SODIUM SALTS. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.43 Cyan 9075 stage, copper, [29H,31H- phthalocyaninato(2-)-N29,N30,N31,N32]-, aminosulfonyl sulfo derivatives, sodium salts. (CAS No. 90295–11–7) (provided for in subheading 3204.14.50) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2412 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. YELLOW 1 STAGE, 1,5-NAPHTHALENEDISULFONIC ACID, 3,3′-[[6-[(2-HYDROXYETHYL)AMINO]-1,3,5-TRIAZINE-2,4-DIYL]BIS[IMINO(2-METHYL-4,1- PHENYLENE)AZO]]BIS-, TETRASODIUM SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 8634 E:\CR\FM\A30AP6.040 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3567

‘‘ 9902.39.39 Yellow 1 stage, 1,5-naphthalenedisulfonic acid, 3,3′-[[6-[(2-hydroxyethyl)amino]-1,3,5- triazine-2,4-diyl]bis[imino(2-methyl-4,1- phenylene)azo]]bis-, tetrasodium salt. (CAS No. 50925–42–3 (confidential TSCA listing)) (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2413 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. YELLOW 1 G STAGE, BENZENESULFONIC ACID, 3,3′-[CARBONYLBIS[IMINO(3-METHOXY-4,1-PHENYLENE)AZO]]BIS-, DISODIUM SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.38 Yellow 1 G stage, benzenesulfonic acid, 3,3′-[carbonylbis[imino(3-methoxy-4,1- phenylene)azo]]bis-, disodium salt. (CAS No. 10114–86–0) (provided for in subheading 3204.14.50) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2414 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. YELLOW 746 STAGE, 1,3-BIPYRIDIRIUM, 3-CARBOXY-5′-[(2-CARBOXY-4-SULFOPHENYL)AZO]-1′,2′, DIHYDRO-6′-HYDROXY-4′-METHYL-2′-OXO-, INNER SALT, LITHIUM/SODIUM SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.44 Yellow 746 stage, 1,3-bipyridirium, 3- carboxy-5′-[(2-carboxy-4-sulfophenyl)azo]- 1′,2′, dihydro-6′-hydroxy-4′-methyl-2′-oxo-, inner salt, lithium/sodium salt. (CAS No. not available) (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2415 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BLACK SCR STAGE, 2,7-NAPHTHALENE DISULFONIC ACID, 4-AMINO-3-[[4-[[-4-[(2 OR 4 –AMINO-4 OR 2- HYDROXYPHENYL)AZO]*COM003*PHENYL]AMINO]-3-SULFOPHENYL] AZO]-5-HYDROXY-6-(PHENYLAZO)-TRISODIUM SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.47 Black SCR stage, 2,7-naphthalene disulfonic acid, 4-amino-3-[[4-[[-4-[(2 or 4 –amino-4 or 2-hydroxyphenyl)azo] phenyl]amino]-3-sulfophenyl] azo]-5-hy- droxy-6-(phenylazo)-trisodium salt. (CAS No. 85631–88–5) (provided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2416 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MAGENTA 3B-OA STAGE, 2-[[4-CHLORO-6[[8-HYDROXY-3,6-DISULPHONATE-7-[(1-SULPHO-2-NAPHTHALENYL) AZO]-1-NAPHTHALENYL] AMINO]- 1,3,5-TRIAZIN-2-YL]AMINO]-5-SULPHOBENZOIC ACID, SODIUM/LITHIUM SALTS. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.45 Magenta 3B-OA stage, 2-[[4-chloro-6[[8-hy- droxy-3,6-disulphonate-7-[(1-sulpho-2- naphthalenyl) azo]-1-naphthalenyl] amino]-1,3,5-triazin-2-yl]amino]-5- sulphobenzoic acid, sodium/lithium salts. (CAS No. 12237–00–2) (provided for in sub- heading 3204.16.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2417 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. YELLOW 577 STAGE, 5-{4-[4-[4-(4,8-DISULFONAPHTHALEN-2-YLAZO)-PHENYLAMINO]-6-(2-SULFOETHYLAMINO)-[1,3,5]TRIAZIN-2- YLAMINO]PHENYLAZO}ISOPHTHALIC ACID/SODIUM SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 8634 E:\CR\FM\A30AP6.040 pfrm12 PsN: S30PT1 S3568 CONGRESSIONAL RECORD — SENATE April 30, 2002

‘‘ 9902.39.46 Yellow 577 stage, 5-{4-[4-[4-(4,8- disulfonaphthalen-2-ylazo)-phenylamino]- 6-(2-sulfoethylamino)-[1,3,5]triazin-2- ylamino] phenylazo}isophthalic acid/so- dium salt. (CAS No. not available) (pro- vided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2418 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CYAN 485/4 STAGE, COPPER, [29H,31H-PHTHALOCYANINATO (2-) – XN29,XN30,XN31,XN32]-AMINOSYLFONYL [(2-HYDROXYETHYL)AMINO] SULFONYL SULFO DERIVATIVES, SODIUM SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.48 Cyan 485/4 stage, copper, [29H,31H- phthalocyaninato (2-) – xN29,xN30, xN31,xN32] -aminosylfonyl [(2-hydroxy- ethyl)amino] sulfonyl sulfo derivatives, so- dium salt. (CAS No. not available) (pro- vided for in subheading 3204.14.30) ...... Free No change No change On or before 12/31/2007 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2419 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. R118118 SALT. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.35 R118118 Salt - benzoic acid, 3-[2-chloro-4- (trifluoromethyl) phenoxy]-(CAS No. 63734–62–3) (provided in subheading 2918.90.20) ...... Free No change No change On or before 12/31/2005 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

S. 2420 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NSMBA. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.35 NSMBA - Benzoic acid, 4-(methylsulfonyl)- 2-nitro (CAS No. 110964–79–9) (provided in subheading 2916.39.45) ...... Free No change No change On or before 12/31/2005 ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

By Mr. FEINGOLD (for himself additional barriers to higher education But today, because of the way that and Mr. DOMENICI): need a helping hand, and thanks to the TRIO grants are structured, UW’s 13 S. 2421. A bill to amend section 402A TRIO Program, more students are get- two-year colleges can only be consid- of the Higher Education Act of 1965 to ting the help they need. ered for TRIO grants collectively, in- define the terms different campus and The TRIO Program was so named be- stead of applying for grants to serve different population; to the Committee cause there were originally three pro- each campus. of Health, Education, Labor, and Pen- grams, all of which had roots dating The Department of Education has sions. back to Lyndon Johnson’s administra- ruled that the unique structure of the Mr. FEINGOLD. Mr. President, I rise tion in the 1960s. Today TRIO consists University of Wisconsin’s two-year sys- today with my colleague from New of eight programs that offer vital ad- tem, a centrally run system with 13 Mexico to introduce the TRIO Edu- vice and academic support to middle branch campuses, does not meet the cation Access Act of 2002, which will and high school students hoping to get criteria of having ‘‘independent’’ cam- improve access to higher education by into college, and it continues to offer puses. ensuring that these programs are avail- that support to students after they This decision deeply concerns me, as able to all those in need. enter college and begin working toward the Federal Government is simply pe- While many students in my State their diploma. nalizing UWs’ two-year colleges simply benefit immensely from the TRIO pro- Many Federal education programs because of their administrative struc- grams, misguided regulations are pre- have come and gone, but the TRIO pro- ture. venting Wisconsin’s two year colleges grams have not only survived, they’ve As a result of the Department of Edu- from receiving funds to begin more thrived and expanded to aid more than cation’s decision, only one TRIO Pro- than one TRIO program for the entire 10 million Americans. gram, the Student Support Services State. In my home State of Wisconsin, Program, is available to these two-year Many students today dream of going many students at the University of colleges. UW—Waukesha is home to a to college, but the things that can put Wisconsin’s two-year colleges could thriving Student Support Services Pro- college out of reach for some students reap tremendous benefits from the gram, which offers students counseling don’t always get the attention that services the TRIO programs have to and vital academic support and skills they deserve. Students who face these offer. development.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.040 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3569 But UW’s two-year colleges deserve SECTION 1. SHORT TITLE. to countries supporting terror or not fully to have access to all the TRIO Pro- This Act may be cited as the ‘‘Inter- cooperating in antiterror efforts of the grams available to four-year institu- national Cooperative Antiterrorism Act of United States. It would be appropriate in the tions, such as Upward Bound, Talent 2002’’. implementation of these laws to apply the Search, and Educational Opportunity SEC. 2. FINDINGS. definition of ‘‘fully cooperative in the global war against international terrorism’’ set Centers. Congress makes the following findings: (1) The use of terrorism is detestable and forth in this Act, including preventing pro- In different ways, each of these pro- motion of terror in state-owned and state- grams has helped students break an illegitimate means of political expression. (2) International terrorist organizations controlled media and educational systems. through difficult economic or physical pose a direct threat to the United States, SEC. 3. STATEMENT OF POLICY. circumstances to successfully enter and this threat is becoming more acute and It shall be the policy of the United States and graduate from college. Students in more difficult to prevent. that— the Upward Bound program are four (3) The threat from international terrorism (1) no United States economic assistance, times more likely to earn an under- is made far more dangerous by the prolifera- other than humanitarian assistance, may be graduate degree than those students tion of chemical, biological, and radiological provided to any foreign country or entity from similar backgrounds who did not weapons and the means to produce those that is not making a maximum effort to be participate in TRIO. weapons. fully cooperative in the global war against Students in the TRIO Student Sup- (4) The prosecution of the war against international terrorism; and port Services program are more than international terrorist organizations must (2) no license for export of an item on the twice as likely to remain in college continue until the threat they pose to the United States Munitions List to a country or people and interests of the United States is entity may be issued if that country or enti- than those students from similar back- eliminated. grounds who did not participate in the ty is not making a maximum effort to be (5) The United States can only win the war fully cooperative in the global war against program. against terrorism if it receives cooperation international terrorism. By discriminating against the unique from other countries and entities. SEC. 4. PROHIBITION ON UNITED STATES ECO- structure of the University of Wiscon- (6) Protecting the United States homeland NOMIC ASSISTANCE AND COMMER- sin’s two year colleges, the Department and United States interests overseas from CIAL ARMS EXPORTS. terrorism is of the highest priority in the of Education hurts the very population (a) UNITED STATES ECONOMIC ASSISTANCE.— the TRIO Programs aim to serve. foreign relations of the United States. If the President determines that a country That’s why it’s so important that the (7) Cooperation in the global war against or entity is not making a maximum effort to rules at the Department of Education international terrorism must be a primary be fully cooperative in the global war be changed, so that Wisconsin’s two- focus of United States foreign relations, against international terrorism— United States assistance, and international year colleges have the opportunity to (1) no United States economic assistance security relations. may be provided to such country or entity; apply individually for the TRIO grants (8) Winning the global war against inter- they see fit. and national terrorism requires cooperation from (2) the United States shall oppose and vote By clarifying the ‘‘Different Campus’’ the international community, especially in and ‘‘Different Population of Partici- against any lending from any international the areas of preventing the financing of ter- financial institution, including the World pants’’ in the TRIO regulations, this ror, sharing information on international Bank, the International Monetary Fund, the legislation makes UW’s two-year col- terror networks, eliminating terror cells, Asian Development Bank, or other related leges eligible for all the programs and in preventing the promotion of virulent institutions to such country or entity. anti-Americanism with the intent to incite TRIO has to offer. No definition or reg- (b) COMMERCIAL ARMS EXPORTS.—No li- violence and the glorification of terrorism in ulation should get in the way of quali- cense for the export of an item on the United state-owned media and state-controlled States Munitions List to any country or en- fied Wisconsin students gaining access schools. tity may be issued if the President deter- to TRIO programs and the chance to (9) The promotion of terrorism, intoler- mines that such country or entity is not earn a college degree. ance, and virulent anti-Americanism in making a maximum effort to be fully cooper- I have heard from many Wisconsin- state-owned media and state-controlled edu- ative in the global war against international ites who have shared their personal cation systems is abhorrent and poses a terrorism. stories about how TRIO had made a dif- long-term threat to the safety and security ference in their lives. TRIO offers hope of the United States as well as the commu- SEC. 5. REQUIREMENT FOR AN ANNUAL REPORT. to millions of students across the coun- nity of nations. (a) REQUIREMENT FOR REPORT.—The Presi- try who dream of a college education, (10) All countries and entities must be en- dent, in consultation with the Secretary of State, the Secretary of the Treasury, the Ad- and students at the University of Wis- couraged to cooperate in the global war against international terrorism. ministrator of the United States Agency for consin’s two-year colleges should be no (11) Some foreign governments and entities International Development, and the Director exception. Waukesha can be proud of are doing little to counter proterrorist and of Central Intelligence, shall prepare an un- the TRIO program that has served so prointolerance messages to mass audiences, classified annual report that— many students at UW-Waukesha. including to school age children. (1) contains a list of each country or entity Now it’s time to give UW-Waukesha, (12) Countries providing direct or indirect for which the President has determined that and other two-year colleges around my assistance to international terrorist organi- there is credible evidence that such country State, an opportunity to open more zations undermine the direct security inter- or entity is not being fully cooperative in TRIO programs, and open the doors of ests of the United States. the global war against international ter- higher education to more Wisconsin (13) Countries demonstrating indifference rorism under section 4; and (2) describes for each country or entity students. to or providing actual endorsement of inter- national terror as a legitimate political tool listed under paragraph (1)— I urge my colleagues to co-sponsor make a direct threat to the security inter- (A) the specific failures of each country or this legislation. ests of the United States. entity to be fully cooperative in the global (14) United States economic assistance pro- war against international terrorism; By Mr. BAYH (for himself and grams and the transfer of United States Mu- (B) the reasons why such country or entity Mr. BROWNBACK): nitions List items are a critical tool of is not fully cooperative; S. 2425. A bill to prohibit United United States foreign policy and winning the (C) the efforts being made by the United States assistance and commercial arms global war against international terrorism. States Government to promote greater ad- exports to countries and entities sup- (15) Countries receiving United States as- herence by such countries or entities with porting international terrorism; to the sistance and the export of items on the the global war against international ter- Committee on Foreign Relations. United States Munitions List should be ex- rorism; and Mr. BAYH. Mr. President, I ask unan- pected to support the global war against (D) any removal of a country or entity imous consent that the text of the bill international terror. from the list in paragraph (1). (16) Several existing laws, including the (b) TRANSMISSION TO CONGRESS.— be printed in the RECORD. There being no objection, the bill was USA Patriot Act of 2001, the Antiterrorism (1) REPORT.—The report required by this and Effective Death Penalty Act of 1996, the section shall be submitted to Congress every ordered to be printed in the RECORD, as Foreign Assistance Act of 1961, the Arms Ex- year as a section of the annual country re- follows: port Control Act, and the Export Adminis- ports on terrorism required by section 140(a) S. 2425 tration Act of 1979 (or successor statute), of the Foreign Relations Authorization Act, Be it enacted by the Senate and House of Rep- prohibit the provision of United States as- Fiscal Years 1988 and 1989 (22 U.S.C. 2656(f)). resentatives of the United States of America in sistance, and the licensing for export of (2) BRIEFING.—The President shall make Congress assembled, items on the United States Munitions List, the appropriate officials available to provide

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.062 pfrm12 PsN: S30PT1 S3570 CONGRESSIONAL RECORD — SENATE April 30, 2002 a classified briefing to the appropriate com- foodstuffs, medicines, and health assistance ity research that is directly responsive mittees of Congress if such committees re- programs. to the concerns of coastal constituents. quest additional clarifying details on why a (4) TERRORIST ORGANIZATION.—The term The Sea Grant Program brings aca- country or entity is listed under subsection ‘‘terrorist organization’’ means an organiza- demic creativity and expertise to bear (a)(1). tion designated as a foreign terrorist organi- on a host of issues affecting the oceans, SEC. 6. PRESIDENTIAL WAIVER. zation by the Secretary of State under sec- United States economic assistance or ex- tion 219 of the Immigration and Nationality coasts and Great Lakes. ports prohibited by section 4 may be pro- Act (8 U.S.C. 1189). Most decisions that affect the coastal vided to a country or entity described in (5) UNITED STATES ECONOMIC ASSISTANCE.— environment are made locally, and, that section if the President— The term ‘‘United States economic assist- through the Sea Grant Colleges, the (1) determines that permitting such assist- ance’’ means— federal government has the ability to ance or exports is important to the national (A) any assistance under the Foreign As- partner with state and local constitu- security interests of the United States; and sistance Act of 1961 (including programs encies to address national problems at (2) not later than 15 days before permitting under title IV of chapter 2, relating to the state and local levels. Moreover, many Overseas Private Investment Corporation); such assistance or exports, furnishes a report coastal issues cross State jurisdictions describing the United States economic as- (B) sales, or financing on any terms, under sistance or exports to be provided to the ap- the Arms Export Control Act; and need to be addressed regionally. In propriate committees of Congress. (C) the provision of agricultural commod- addition to its state-based infrastruc- SEC. 7. DEFINITIONS. ities, other than food, under the Agricultural ture, Sea Grant has developed a system In this Act: Trade Development and Assistance Act of of regional networks for organizing (1) EXPRESSION OF SUPPORT FOR TERRORISM 1954; multi-state responses to regional/eco- AGAINST THE UNITED STATES.—The term ‘‘ex- (D) financing under the Export-Import system-level problems. pression of support for terrorism against the Bank Act of 1945; and The current administration proposed United States’’ means a pattern of actions or (E) does not include humanitarian assist- ance or other assistance that is intended to moving the Sea Grant program from expressions that are designed to provoke or the National Oceanic and Atmospheric incite anti-American violence, advocate support cooperative antiterrorism, peace- international terrorism, or to glorify the use keeping, counter-narcotics, nonproliferation Administration, NOAA, to the National of violence against citizens or government and counter-proliferation programs, or fund- Science Foundation, NSF. I do not sup- officials of the United States. ing for nongovernmental organizations pro- port such a move. The Sea Grant pro- (2) FULLY COOPERATIVE IN THE GLOBAL WAR moting education and democratic institu- gram has been a success in NOAA and AGAINST INTERNATIONAL TERRORISM.—The tions. one has to wonder if something is not term ‘‘fully cooperative in the global war (6) UNITED STATES MUNITIONS LIST.—The broke why should we fix it. This is ob- against international terrorism’’ means a term ‘‘United States Munitions List’’ means the defense articles and defense services con- viously the case with Sea Grant and I country or entity that has the necessary see no reason why we should move the legal framework and, to the maximum ex- trolled by the President under section 38 of tent possible, is enforcing efforts to— the Arms Export Control Act (22 U.S.C. 2778). program from NOAA to NSF. (A) prevent the knowing financing of ter- Allow me for a moment to point out rorism, including preventing— By Mr. KERRY (for himself, Ms. one area where the Sea Grant/NOAA (i) direct financial payments to any ter- SNOWE, Mr. HOLLINGS, Mr. STE- partnership is working. As Chairman of rorist organization; VENS, Mr. BREAUX, Mr. MUR- the Oceans, Fisheries and Atmosphere (ii) any terrorist organization or any enti- KOWSKI, Mr. SARBANES, Mr. Subcommittee I know first-hand the ty supporting a terrorist organization from REED, and Mr. FEINGOLD): struggles that commercial fishermen receiving financial services such as S. 2428. A bill to amend the National face as we try and rebuild our stocks. brokering, lending, or transferring currency Sea Grant College Program Act; to the Sea Grant is currently working in or credit; (iii) any person from soliciting funds or Committee on Commerce, Science, and coastal communities to better docu- items of value for a terrorist group; and Transportation. ment the social and economic impacts (iv) any humanitarian or other nongovern- Mr. KERRY. Mr. President, I rise of fishery regulations on communities, mental organization from providing finan- today to introduce with my colleagues, so that we can develop regulations that cial support to terrorist organizations; Ms. SNOWE, Mr. HOLLINGS, Mr. STE- not only preserve and protect are valu- (B) share intelligence information with the VENS, Mr. BREAUX, Mr. SARBANES, Mr. able marine resources but also protect United States, including— REED and Mr. FEINGOLD the National the fabric of our coastal communities. (i) releasing information to the United Sea Grant College Program Act As you may know, the National Marine States related to any terrorist organization; Amendments of 2002, legislation to re- (ii) cooperating in investigations con- Fisheries Service is one of five line of- ducted by the United States; and authorize the National Sea Grant Col- fices within NOAA, that is charged (iii) providing, to the extent possible, ac- lege Program Act. with regulating all of our domestic cess to individuals suspected of or supporting Congress established the Sea Grant commercial fisheries. One thing that terrorist organizations to United States in- program back in 1966. Since that time all of us from coastal states will agree vestigators; and Sea Grant has provided the Adminis- on is the need to improve our knowl- (C) act against terrorist organizations, tration and Congress a comprehensive edge of fishing communities and how including— vehicle that engages our best univer- regulations affect the lives of the peo- (i) preventing terrorist organizations from sities to respond to complex and chang- committing or inciting to commit terrorist ple who live there. acts against the United States or its inter- ing ocean, coastal, and Great Lakes A unique feature of the existing Na- ests overseas; issues. The 31 Sea Grant programs, lo- tional Sea Grant College Program Act, (ii) preventing terrorist organizations from cated in coastal and Great Lakes which is maintained through this reau- operating safe houses or providing transpor- States and Puerto Rico, serve as the thorization bill, is that the majority of tation, communication, documentation, core of this dynamic national network grants awarded require that every $2 of identification, weapons (including chemical, of over 300 participating institutions federal funds be matched by $1 of non- biological, or radiological weapons), explo- involving more than 3,000 scientists, federal funds that are usually provided sives, or training to terrorists; and engineers, educators, students, and by host universities, as well as state or (iii) in the cases of a country— (I) investigating suspected terrorists with- outreach experts. local governments, thus providing out- in its national territory; Sea Grant’s legislative charge is to standing leverage as well as strong re- (II) enforcing international agreements ‘‘increase the understanding, assess- gional support for the federal funds and United Nations Security Council Resolu- ment, development, utilization, and awarded. tions against terrorism; and conservation of the nation’s ocean and Because Sea Grant is non-regulatory (III) curbing any domestic expression of coastal resources by providing assist- and science-based, it serves as an ‘‘hon- support for terrorism against the United ance to promote a strong education est broker’’ among a wide range of con- States and its allies in state-owned media, base, responsive research and training stituents. In an age that emphasizes state-sanctioned gatherings, state-governed activities, and broad and prompt dis- multi-disciplinary, goal-oriented, per- religious institutions, and state-sanctioned school and textbooks. semination of knowledge and tech- formance-measured partnerships, Sea (3) HUMANITARIAN ASSISTANCE.—The term niques’’. Sea Grant has consistently Grant has demonstrated its capability ‘‘humanitarian assistance’’ means any hu- proven its value to taxpayers as a pro- to effectively deliver relevant science manitarian goods and services, including gram that supports rigorous, high qual- and services.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.036 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3571 In short, Sea Grant offers numerous SEC. 5. AUTHORIZATION OF APPROPRIATIONS. the millions of Americans that find economic opportunities, problem-solv- (a) IN GENERAL.—Subsections (a) and (b) of themselves extremely confused and ing processes and programmatic effi- section 212 of the National Sea Grant College frustrated every year as they try to Program Act (33 U.S.C. 1131) are amended to prepare their tax returns. This year’s ciencies for the federal government to read as follows: achieve its marine and coastal science ‘‘(a) AUTHORIZATION.— tax filing deadline expired on April 15 agenda. Based on the Sea Grant College ‘‘(1) IN GENERAL.—There are authorized to for most American taxpayers, and the Program’s remarkable capabilities, ex- be appropriated to the Secretary to carry 17,000-page, 2.8 million-word tax code cellent track record, and cost effective out this title— was more complex than ever. One esti- use of federal funds, I ask for your sup- ‘‘(A) $75,000,000 for fiscal year 2004; mate is that it now takes 28 hours and port in quick passage of this reauthor- ‘‘(B) $77,500,000 for fiscal year 2005; six minutes to tackle the Internal Rev- ization bill. ‘‘(C) $80,000,000 for fiscal year 2006; enue Service’s 1040 form and do the ‘‘(D) $82,500,000 for fiscal year 2007; and necessary record keeping. I ask unanimous consent the text of ‘‘(E) $85,000,000 for fiscal year 2008. the bill be printed in the RECORD. According to the Tax Foundation, it ‘‘(2) PRIORITY RESEARCH.—In addition to is estimated that in 2002, individuals There being no objection, the bill was the amount authorized under paragraph (1), ordered to be printed in the RECORD, as there are authorized to be appropriated for and small businesses will spend ap- follows: each of fiscal years 2004 through 2008— proximately 5.8 billion hours com- S. 2428 ‘‘(A) $5,000,000 for competitive grants for plying with the Federal income tax code, with an estimated compliance Be it enacted by the Senate and House of Rep- university research on biology and control of resentatives of the United States of America in zebra mussels and other important non-na- cost of over $194 billion. This amounts Congress assembled, tive species as identified in section to imposing a more than 20 cent tax 1301(b)(4)(A) of the Nonindigenous Aquatic SECTION 1. SHORT TITLE. compliance surcharge for every dollar Nuisance Prevention and Control Act of 1990 This Act may be cited as the ‘‘National the tax system collects. By 2007, the (16 U.S.C. 4171(b)(4)(A)); Sea Grant College Program Act Amendments compliance surcharge is conservatively ‘‘(B) $5,000,000 for competitive grants for of 2002’’. estimated at $244.3 billion. Under cur- university research on oyster diseases, oys- SEC. 2. AMENDMENTS TO FINDINGS. ter restoration, and oyster-related human rent law, there is a way for those tax- FINDINGS.—Section 202(a)(6) of the National health risks; payers who itemize and accumulate tax Sea Grant College Program Act (33 U.S.C. ‘‘(C) $5,000,000 for competitive grants for preparation fees up to at least 2 per- 1121(a)(6)) is amended by striking the period university research on the biology, preven- cent of their Adjusted Gross Income to at the end and inserting ‘‘, including strong tion, and forecasting of harmful algal receive a financial break from the IRS collaborations between Administration sci- blooms, including Pfiesteria piscicida; and to help offset the cost of having a tax entists and scientists at academic institu- ‘‘(D) $3,000,000 for competitive grants for tions.’’. preparer calculate their tax. The prob- research contributing to the fisheries exten- lem is that there are millions more SEC. 3. REQUIREMENTS APPLICABLE TO NA- sion program to enhance, not supplant, ex- TIONAL SEA GRANT COLLEGE PRO- isting core program funding. low- or middle-income individuals and GRAM. ‘‘(b) LIMITATIONS.— small business owners trying to deci- (a) QUADRENNIAL STRATEGIC PLAN.—Sec- ‘‘(1) ADMINISTRATION.—There may not be pher the same complicated instruc- tion 204 (c)(1) of the National Sea Grant Col- used for administration of programs under tions and forms, for which there is no lege Program Act (33 U.S.C. 1123 (c)(1)) is this title in a fiscal year more than 5 percent tax break. amended to read as follows: ‘‘The Secretary, of the lesser of— Since 1985, we have more than dou- in consultation with the panel, sea grant col- ‘‘(A) the amount authorized to be appro- leges, and sea grant institutes, shall develop bled the pages in the instruction book- priated under this title for the fiscal year; or at least every 4 years a strategic plan which let that accompanies the 1040. In re- ‘‘(B) the amount appropriated under this establishes priorities for the national sea sponse to this increased complexity, title for the fiscal year. grant college program, provides an appro- American taxpayers are seeking profes- ‘‘(2) USE FOR OTHER OFFICES OR PRO- priately balanced response to local, regional, GRAMS.—Sums appropriated under the au- sional help at a record level that equals and national needs, and is reflective of inte- thority of subsection (a)(2) shall not be avail- almost 60 percent of all returns filed. I gration with the strategic plans of the De- able for administration of this title by the believe it is time that we acknowledge partment of Commerce and of NOAA.’’. National Sea Grant Office, for any other Ad- how difficult our current tax system (b) ALLOCATION OF FUNDING.—Section ministration or department program, or for 204(d)(3)(B) of the National Sea Grant Col- has become and help the millions of any other administrative expenses.’’. lege Program Act (33 U.S.C. 1123(d)(3)(B)) is Americans who have to look to outside (b) DISTRIBUTION OF FUNDS.—Such section amended.— help in filing their yearly tax returns. is further amended by striking subsection (c) (1) by striking ‘‘and’’ after the semicolon I suggest that since the Federal Gov- and inserting the following: at the end of clause (ii); ‘‘(c) DISTRIBUTION OF FUNDS.—In any fiscal ernment is the party responsible for (2) by adding at the end the following: year in which the appropriations made pur- creating this overly complicated code, ‘‘(iv) encourage and promote coordination suant to subsection (a)(1) exceed the it is the Federal Government that and cooperation between the research, edu- amounts appropriated for fiscal year 2003 for should bear the burden of the costs cation, and outreach programs of the Admin- the purposes described in such subsection, that are incurred in its compliance. istration and those of academic institutions; the Secretary shall distribute the excess My proposal is simple, my legislation and’’. amounts (except amounts used for the ad- (c) ENSURING EQUAL ACCESS.—Section provides for the expenses that are in- ministration of programs) solely to— 208(a) of such Act (33 U.S.C. 1127(a)) is curred by a taxpayer in having their ‘‘(1) State sea grant programs on a merit amended by adding at the end the following: return prepared to be fully deducted. reviewed, competitive basis to support, en- ‘‘The Secretary shall strive to ensure equal hance, and reward programs that are best This would be treated as an above-the- access for minority and economically dis- managed and carry out the highest quality line deduction and would allow for any- advantaged students to the program carried research, education, extension, and training one who pays for these services to de- out under this subsection.’’. programs; and duct up to $500 of these costs. Further, SEC. 4. TERMS OF MEMBERSHIP FOR SEA GRANT ‘‘(2) national strategic initiatives.’’. for those who already qualify to have REVIEW PANEL. their preparation cost be deducted be- Section 209(c)(2) of the National Sea Grant by Mr. HUTCHINSON (for him- College Program Act (33 U.S.C. 1128(c)(2)) is cause they reach the 2 percent thresh- amended by striking the first sentence and self, Mr. CRAIG, Mr. ENZI, Mr. old, they can opt not to have this de- inserting the following: ‘‘The term of office GREGG, Mr. HAGEL, Mr. INHOFE, duction apply and continue to have of a voting member of the panel shall be 3 and Mr. SMITH of New Hamp- their tax preparation fees be deducted years for a member appointed before the date shire): under the current guidelines. of enactment of the National Sea Grant Col- S. 2429. A bill to amend the Internal I believe the legislation that I have lege Program Act Amendments of 2002, and 4 Revenue Code of 1986 to allow an above- introduced today will provide much years for a member appointed or reappointed the-line deduction from certain ex- needed relief to the millions of Amer- after the date of enactment of the National penses in connection with the deter- ican taxpayers that are forced to com- Sea Grant College Program Act Amendments of 2002. The Director may extend the term of mination, collection, or refund of any ply with this complex code. I ask my office of a voting member of the panel ap- tax; to the Committee on Finance. colleagues for their support. pointed before the date of enactment of the Mr. HUTCHINSON. Mr. President, I I ask unanimous consent that the National Sea Grant College Program Act rise today to introduce legislation that text of the legislation be printed in the Amendments of 2002 by up to 1 year.’’. will help ease the financial burden for RECORD.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.091 pfrm12 PsN: S30PT1 S3572 CONGRESSIONAL RECORD — SENATE April 30, 2002 There being no objection, the bill was ment, semiconductor, consumer elec- The Breaux-Nickles bill is a free- ordered to be printed in the RECORD, as tronics, software and manufacturing market, deregulatory approach to en- follows: industries, filed comments with the courage private companies to rapidly S. 2429 FCC requesting the removal of burden- deploy this new technology. It does Be it enacted by the Senate and House of Rep- some, outdated regulations that are nothing to change what the 1996 resentatives of the United States of America in hindering investment and limiting Telecom Act sought to accomplish, to Congress assembled, competition in high-speed Internet ac- open up the local voice telephone mar- SECTION 1. ABOVE-THE-LINE DEDUCTION FOR cess. ket to competition. At the time, no one CERTAIN EXPENSES IN CONNECTION In order to promote free and fair WITH THE DETERMINATION, COL- envisioned the growth of the Internet. LECTION, OR REFUND OF ANY TAX. competition in the broadband market, In fact, the web browser had just been (a) DEDUCTION ALLOWED WHETHER OR NOT my legislation requires the FCC to pro- invented. This bill simply eliminates TAXPAYER ITEMIZES OTHER DEDUCTIONS.— mulgate regulations, within 120 days of regulations that were intended for the Section 62(a) of the Internal Revenue Code of enactment, to achieve regulatory par- legacy network but have been mistak- 1986 (defining adjusted gross income) is ity between broadband services pro- enly applied to new infrastructure in- amended by inserting after paragraph (18) viders and facilities. The key provision the following new paragraph: vestment. in my bill is, I believe, the 120-day re- The goal of this bill is to provide an ‘‘(19) CERTAIN TAX EXPENSES.—Unless the taxpayer elects to not have this paragraph quirement for FCC action. The FCC, to economic incentive for local telephone apply, the deduction allowed by paragraph its credit, is attempting by means of a companies to upgrade their networks (3) of section 212 with respect to so much of tortuously slow process to move in the and to rapidly deploy high-speed, the expenses described in such paragraph as direction of regulatory parity among broadband services throughout the U.S. does not exceed $500.’’. broadband services and providers. Once According to the most recent nation- (b) EFFECTIVE DATE.—The amendment the FCC completes action on its wide data, there are approximately 11 made by this section shall apply to expenses paid or incurred in taxable years beginning rulemakings, however, its orders will million high speed Internet sub- after the date of the enactment of this Act. certainly be appealed, just as the FCC’s scribers. Of that total, 7.2 million cur- March 14, 2002, order declaring cable rently use high-speed cable modems By Mr. BREAUX (for himself, Mr. modem service to be an information and 3.5 million use Digital Subscriber NICKLES, Mr. CLELAND, Mr. service has already been appealed to Lines (DSL) provided by the telephone BROWNBACK, Mr. MILLER, Mrs. the United States Court of Appeals for companies. HUTCHISON, and Mr. HUTCH- the Ninth Circuit. To effect this needed Today’s rules are not only unfair but INSON): regulatory parity, we need the expert they are a disincentive to deployment. S. 2430. A bill to provide for parity in agency to accomplish this reform with No company will invest the capital re- regulatory treatment of broadband the necessary fine tuning that will fur- quired to upgrade their network and services providers and of broadband ac- ther the public interest, but we need deploy new technologies when they are cess services providers, and for other the force of Congressional action to required to provide this new, upgraded purposes; to the Committee on Com- bring about prompt results. I urge technology to their competitors at a merce, Science, and Transportation. prompt action on this legislation. government-set price. If high speed, Mr. BREAUX. Mr. President, I rise Mr. NICKLES. Mr. President, I’m broadband service is going to be de- today along with Senators NICKLES, pleased to join Senator BREAUX today ployed rapidly throughout the country, CLELAND, BROWNBACK, MILLER, to introduce a bill that will allow all especially in rural areas, the answer is HUTCHISON, and HUTCHINSON to intro- providers of broadband services to com- not more rules and regulations, but a duce legislation that is designed to re- pete under the same rules and regula- market-based deregulatory approach. juvenate the struggling telecommuni- tions. This bill will bring certainty to For a new market to evolve quickly cations and high-tech sectors of our the regulatory environment ensuring and efficiently, government should not economy. The Broadband Regulatory more Americans will have a choice in regulate the market out of existence Parity Act of 2002 requires the Federal their broadband service provider. before it has a chance to flourish. In Communications Commission, FCC, to Access to broadband is crucial to fact, yesterday’s Wall Street Journal adopt rules that establish a level play- consumers and communities in today’s had an editorial expressing concern ing field for all broadband service pro- economy. High-speed connections to about over-regulation at a critical viders in order to spur investment in the Internet can provide a lifeline to time, it states, ‘‘Then the digital revo- broadband technology and to ensure small businesses, schools and hospitals, lution ran headlong into the FCC and that consumers can obtain the benefits and can help communities prosper and Congress, whose tender mercies en- of free and open competition. grow in the Information Age. folded consumer broadband at the mo- Federal and State regulations on the But unfortunately, different rules for ment of creation.’’ It is not too late to books today governing high-speed competing high-speed Internet compa- encourage growth and innovation. As Internet access are based largely on an nies are stifling competition. Phone the Wall Street Journal points out, outdated view of the telecom and high- companies that offer the same service ‘‘There’s still plenty of Internet and tech industry. Both Federal and State as wireless, satellite, and cable compa- telecom enthusiasm out there, if only regulators continue to view the emerg- nies face different rules and regula- regulators will let it blossom.’’ ing broadband market through dif- tions that raise costs and slow innova- With regulatory certainty, compa- ferent sets of eyes, focusing their regu- tion. These rules make it more dif- nies have the incentive to invest. For latory policies on the type of provider ficult and expensive for phone compa- example, earlier this week, in my home rather than the type of service. Cable, nies to provide broadband service, leav- State of Oklahoma, less than two wireless, and satellite providers face no ing millions of consumers without ac- weeks after Gov. Frank Keating signed regulation of their broadband net- cess to high-speed connections and mil- the first state broadband parity law in works, while telephone companies are lions more with only one choice. the country, SBC Southwestern Bell heavily regulated. The effect of this This service disparity is growing announced a massive program of tech- disparate regulatory treatment among wider, and dozens of communities are nology investment that will nearly providers has been to construct a bar- at risk of being left behind, especially double the number of Oklahoma towns rier to new investment in broadband rural areas and inner-city neighbor- with access to high-speed DSL Internet networks by incumbent local telephone hoods. This bill will help close the Dig- Access Service. companies. ital Divide and help ensure that all This initiative will bring high-speed I am not alone in calling on the FCC Americans have choices for high-speed DSL Internet service to 37 more towns, to level the regulatory playing field for Internet services. This issue is not and expand access by building new broadband providers. Several weeks about choosing winners and losers, it is broadband equipment in another 25 ago, the High Tech Broadband Coali- about helping to ensure that high speed towns that already have the service. tion, a group comprised of six leading Internet service is not only available The initiative will make DSL available trade associations representing the but competitive and affordable all to about 137,000 more homes and busi- computer, telecommunications equip- across the country. nesses in 62 Oklahoma communities.

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.038 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3573 SBC is making this investment at a BANES, and AKAKA have joined me in SENATE RESOLUTION 257—EX- time when they, and other tele- submitting this resolution today. PRESSING THE GRATITUDE OF communications companies, have dra- The job of correctional officers and THE UNITED STATES SENATE matically slashed capital spending employees is a dangerous, and often FOR THE SERVICE OF SUZANNE throughout the country. thankless, one. Most of us leave for D. PEARSON TO THE OFFICE OF This is the kind of investment that work knowing that we will return LEGISLATIVE COUNSEL regulatory certainty and real competi- home safe and sound at the end of the Mr. BYRD submitted the following tion bring and that is why I strongly day. But, corrections personnel are not resolution; which was considered and support this legislation. If we can do afforded this luxury. They put their agreed to: for the country what we have done for lives on the line every time they begin S. RES. 257 the state of Oklahoma, Congress will a shift. Whereas Suzanne Pearson became an em- go a long way toward reversing the Tragically, many correctional offi- ployee of the Senate on February 10, 1970, economic slide currently enveloping cers have been permanently injured or and since that date has ably and faithfully the telecom sector. When all broadband killed in the line of duty. In all, more upheld the high standards and traditions of providers are allowed to compete under than 361 correctional officers and em- the Office of the Legislative Counsel of the ployees have died while on duty. This United States Senate for almost 32 years; the same rules, consumers win and the Whereas Suzanne Pearson from January 1, economy wins. I am pleased to sponsor year, we honor nine: John Burkett III, 1991, to December 31, 2001, served as the Of- this bipartisan approach to promoting Wayne Mitchell, James Salvino, Greg- fice Manager of the Office of the Legislative competition for broadband services. ory Collins, George Turner, Richard Counsel and demonstrated great dedication, professionalism, and integrity in faithfully f Huffman, Virgil Reel, Timothy Wil- liams, and Rodney Welch, whom we discharging the duties and responsibilities of STATEMENTS ON SUBMITTED lost during the past year. We must not her position; RESOLUTIONS Whereas Suzanne Pearson retired on De- forget the sacrifices made by these he- cember 31, 2001, after more than 33 years of roic individuals for our public safety. Government service; and These courageous officers all died SENATE RESOLUTION 255—TO DES- Whereas Suzanne Pearson has met the while performing the normal day-to- needs of the Senate with unfailing profes- IGNATE THE WEEK BEGINNING day tasks their jobs asked of them. sionalism, skill, dedication, and good humor MAY 5, 2002, AS ‘‘NATIONAL COR- Whether they died transporting in- during her entire career: Now, therefore, be RECTIONAL OFFICERS AND EM- mates or responding to disturbances it PLOYEES WEEK’’ Resolved, That the United States Senate within their facilities, their loss re- commends Suzanne D. Pearson for her al- Mrs. FEINSTEIN (for herself, Mr. minds us of the many brave acts that most 32 years of faithful and exemplary serv- HATCH, Ms. STABENOW, Mr. REID, Mrs. take place daily among correctional of- ice to the United States Senate and the Na- BOXER, Mr. KENNEDY, Mr. CLELAND, Ms. ficers and employees. tion, and expresses its deep appreciation and CANTWELL, Mr. WYDEN, Mr. THOMAS, Since prison security never rests, of- gratitude for her long, faithful, and out- Mr. BINGAMAN, Mr. DOMENICI, Mr. JEF- ficers work all hours of the day and standing service. SEC. 2. The Secretary of the Senate shall FORDS, Mrs. MURRAY, Mr. ROBERTS, Mr. night, weekends, and even holidays. transmit a copy of this resolution to Su- FEINGOLD, Mr. HELMS, Mr. SARBANES, But, corrections professionals do much zanne D. Pearson. and Mr. AKAKA) submitted the fol- more than just watch over prisoners. f lowing resolution, which was referred They also play an important role in re- to the Committee on the Judiciary. forming them and in lowering recidi- SENATE CONCURRENT RESOLU- TION 103—SUPPORTING THE S. RES. 255 vism rates. Through literacy programs and vocational training, they work GOALS AND IDEALS OF NA- Whereas the operation of correctional fa- TIONAL BETTER HEARING AND cilities represents a crucial component of hard to transform offenders into pro- our criminal justice system; ductive, law-abiding members of soci- SPEECH MONTH, AND FOR Whereas correctional personnel play a ety, which is sometimes no easy task. OTHER PURPOSES vital role in protecting the rights of the pub- The efforts of America’s correctional Mrs. CLINTON (for herself, Mr. CAMPBELL, lic to be safeguarded from criminal activity; officers and employees to make our Mr. DEWINE, Mr. EDWARDS, Mr. JOHNSON, Ms. Whereas correctional personnel are respon- world a better, safer place too often go LANDRIEU, Mr. LEVIN, Mrs. MURRAY, Mr. sible for the care, custody, and dignity of the unnoticed. Few of us can truly appre- ROCKEFELLER, and Mr. TORRICELLI) sub- human beings charged to their care; and mitted the following concurrent resolution; Whereas correctional personnel work under ciate the perils faced daily by these which was ordered held at the desk: demanding circumstances and face danger in courageous public servants. We not S. CON. RES. 103 only owe them our recognition, but our their daily work lives: Now, therefore, be it Whereas the National Institute on Deaf- Resolved, gratitude as well. To that end, I am ness and Other Communication Disorders SECTION 1. DESIGNATION OF NATIONAL COR- pleased to offer this resolution to des- (NIDCD) reports that approximately RECTIONAL OFFICERS AND EMPLOY- ignate the week beginning May 5, 2002, 42,000,000 people in the United States suffer EES WEEK. as National Correctional Officers and from a speech, voice, language, or hearing That the Senate— Employees Week, and to honor and ac- impairment; (1) designates the week beginning May 5, Whereas almost 28,000,000 people in the 2002, as ‘‘National Correctional Officers and knowledge their diligence and dedica- tion to our public safety. United States suffer from hearing loss; Employees Week’’; and Whereas 1 out of every 3 people in the (2) requests that the President issue a f United States over 65 years of age suffers proclamation calling upon the people of the from hearing loss; United States to observe the week with ap- SENATE RESOLUTION 256—MAKING MINORITY PARTY APPOINT- Whereas although more than 25,000,000 peo- propriate ceremonies and activities. ple in the United States would benefit from Mrs. FEINSTEIN. Mr. President, I MENTS FOR THE SPECIAL COM- the use of a hearing aid, fewer than 7,000,000 rise today to submit a resolution hon- MITTEE ON AGING FOR THE people in the United States use a hearing oring our Nation’s correctional officers 107TH CONGRESS aid; and employees. This resolution reaf- Mr. LOTT submitted the following Whereas sounds louder than 80 decibels are resolution; which was considered and considered potentially dangerous and can firms our support for the more than lead to hearing loss; 200,000 corrections professionals who agreed to: Whereas the number of young children who work in the face of danger while moni- S. RES. 256 suffer hearing loss as a result of environ- toring and reforming criminals and Resolved, That the following be the minor- mental noise has increased; maintaining the safety of our commu- ity membership on the Special Committee Whereas every day in the United States ap- nities. on Aging for the remainder of the 107th Con- proximately 33 babies are born with signifi- gress, or until their successors are ap- cant hearing loss; I am pleased that Senators HATCH, pointed: Whereas hearing loss is the most common STABENOW, REID, BOXER, KENNEDY, Special Committee on Aging: Mr. Craig, congenital disorder in newborns; CLELAND, CANTWELL, WYDEN, THOMAS, Mr. Burns, Mr. Shelby, Mr. Santorum, Ms. Whereas a delay in diagnosing a newborn’s BINGAMAN, DOMENICI, JEFFORDS, MUR- Collins, Mr. Enzi, Mr. Hutchinson, Mr. En- hearing loss can affect the child’s social, RAY, ROBERTS, FEINGOLD, HELMS, SAR- sign, Mr. Hagel, and Mr. Smith of Oregon. emotional, and academic development;

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G30AP6.092 pfrm12 PsN: S30PT1 S3574 CONGRESSIONAL RECORD — SENATE April 30, 2002 Whereas the average age at which (A) IN GENERAL.—Notwithstanding any Because of the limited time available newborns with hearing loss are diagnosed is other provision of law, the provisions of sec- for the hearing, witnesses may testify between 12 and 25 months; tion 151 of the Trade Act of 1974 (trade au- by invitation only. Those wishing to Whereas more than 1,000,000 children re- thorities procedures) shall not apply to any submit written testimony for the hear- ceived speech or language disorder services provision in an implementing bill that modi- under the Individuals with Disabilities Edu- fies or amends, or requires a modification of, ing record should e-mail it to cation Act (20 U.S.C. 1400 et seq.) during the or an amendment to, any law of the United [email protected] or school year ending in 1998; States that provides safeguards from unfair fax it to 202–224–4340. Whereas children with language impair- foreign trade practices to United States busi- For further information, please con- ments are 4 to 5 times more likely than their nesses or workers, including— tact Kira Finkler of the Committee peers to experience reading problems; (i) imposition of countervailing and anti- staff at (202) 224–8164. Whereas 10 percent of children entering the dumping duties (title VII of the Tariff Act of PERMANENT SUBCOMMITTEE ON INVESTIGATIONS first grade have moderate to severe speech 1930; 19 U.S.C. 1671 et seq.); Mr. LEVIN. Mr. President, I would disorders, including stuttering; (ii) protection from unfair methods of com- Whereas stuttering affects more than petition and unfair acts in the importation like to announce for the information of 2,000,000 people in the United States; of articles (section 337 of the Tariff Act of the Senate and the public that the Per- Whereas approximately 1,000,000 people in 1930; 19 U.S.C. 1337); manent Subcommittee on Investiga- the United States have aphasia, a language (iii) relief from injury caused by import tions of the Committee on Govern- disorder inhibiting spoken communication competition (title II of the Trade Act of 1974; mental Affairs will hold a hearing enti- that results from damage caused by a stroke 19 U.S.C. 2251 et seq.); tled ‘‘The Role of the Board of Direc- or other traumatic injury to the language (iv) relief from unfair trade practices (title tors in Enron’s Collapse.’’ The sub- centers of the brain; and III of the Trade Act of 1974; 19 U.S.C. 2411 et committee will call on past and Whereas for the last 75 years, May has been seq.); or celebrated as National Better Hearing and (v) national security import restrictions present members of the Enron Board of Speech Month in order to raise awareness re- (section 232 of the Trade Expansion Act of Directors to obtain an insider’s per- garding speech, voice, language, and hearing 1962; 19 U.S.C. 1862). spective on the board’s oversight ef- impairments and to provide an opportunity (B) POINT OF ORDER IN SENATE.— forts, interactions with Enron manage- for Federal, State, and local governments, (i) IN GENERAL.—When the Senate is con- ment and Andersen, and failure to members of the private and nonprofit sec- sidering an implementing bill, upon a point identify and respond adequately to tors, speech and hearing professionals, and of order being made by any Senator against warning signs of Enron’s impending the people of the United States to focus on any part of the implementing bill that con- collapse. preventing, mitigating, and curing such im- tains material in violation of subparagraph The hearing will take place on Tues- pairments: Now, therefore, be it (A), and the point of order is sustained by Resolved by the Senate (the House of Rep- the Presiding Officer, the part of the imple- day, May 7, 2002, at 9:30 a.m., in room resentatives concurring), That Congress— menting bill against which the point of order 216 of the Hart Senate Office Building. (1) supports the goals and ideals of Na- is sustained shall be stricken from the bill. For further information, please contact tional Better Hearing and Speech Month; (ii) WAIVERS AND APPEALS.— Elise J. Bean of the subcommittee staff (2) commends the 41 States that have im- (I) WAIVERS.—Before the Presiding Officer at 224–3721. plemented routine hearing screenings for rules on a point of order described in clause f every newborn before the newborn leaves the (i), any Senator may move to waive the hospital; point of order and the motion to waive shall AUTHORITY FOR COMMITTEES TO (3) supports the efforts of speech and hear- not be subject to amendment. A point of MEET ing professionals in their efforts to improve order described in clause (i) is waived only COMMITTEE ON HEALTH, EDUCATION, LABOR, the speech and hearing development of chil- by the affirmative vote of at least three- dren; and fifths of the Members of the Senate, duly AND PENSIONS (4) encourages the people of the United chosen and sworn. Mr. REID. Mr. President, I ask unan- States to have their hearing checked regu- (II) APPEALS.—After the Presiding Officer imous consent that the Committee on larly and to avoid environmental noise that rules on a point of order under this subpara- Health, Education, Labor, and Pen- can lead to hearing loss. graph, any Senator may appeal the ruling of sions be authorized to meet for a hear- f the Presiding Officer on the point of order as ing on Richard Carmona, to be Surgeon it applies to some or all of the provisions on AMENDMENTS SUBMITTED AND General and Elias Zerhouni, to be Di- which the Presiding Officer ruled. A ruling of rector of the National Institutes of PROPOSED the Presiding Officer on a point of order de- Health during the session of the Senate SA 3382. Mr. DAYTON (for himself, Mr. scribed in clause (i) is sustained unless at least three-fifths of the Members of the Sen- on Tuesday, April 30, 2002, at 10 a.m. CRAIG, Mr. DURBIN, Mr. SHELBY, Mr. KERRY, The PRESIDING OFFICER. Without Mr. HELMS, Mr. WELLSTONE, Ms. COLLINS, ate, duly chosen and sworn, vote not to sus- objection, it is so ordered. Ms. MIKULSKI, Mr. SMITH of New Hampshire, tain the ruling. Mr. DORGAN, Mr. ALLEN, Mr . HOLLINGS, Mr. (III) DEBATE.—Debate on a motion to waive COMMITTEE ON INDIAN AFFAIRS WARNER, and Mr. LEVIN) submitted an under subclause (I) or on an appeal of the Mr. REID. Mr. President, I ask unan- amendment intended to be proposed by him ruling of the Presiding Officer under sub- imous consent that the Committee on to the bill H.R. 3009, to extend the Andean clause (II) shall be limited to 1 hour. The Indian Affairs be authorized to meet on time shall be equally divided between, and Trade Preference Act, to grant additional Tuesday, April 30, 2002, at 9:30 a.m., in trade benefits under that Act, and for other controlled by, the majority leader and the minority leader, or their designees. room 438A of the Russell Senate Office purposes; which was ordered to lie on the Building to conduct a joint hearing table. f with the Senate Small Business Com- f NOTICES OF HEARINGS/MEETINGS mittee on ‘‘Small Business Develop- TEXT OF AMENDMENTS COMMITTEE ON ENERGY AND NATURAL ment in Native American Commu- SA 3382. Mr. DAYTON (for himself, RESOURCES nities: Is the Federal Government Mr. CRAIG, Mr. DURBIN, Mr. SHELBY, Mr. BINGAMAN. Mr. President, I meeting its obligations?’’. Mr. KERRY, Mr. HELMS, Mr. would like to announce for the infor- The PRESIDING OFFICER. Without WELLSTONE, Ms. COLLINS, Ms. MIKUL- mation of the Senate and the public objection, it is so ordered. SKI, Mr. SMITH of New Hampshire, Mr. that a hearing has been scheduled be- COMMITTEE ON SMALL BUSINESS AND DORGAN, Mr. ALLEN, Mr. HOLLINGS, Mr. fore the Committee on Energy and Nat- ENTREPRENEURSHIP WARNER, and Mr. LEVIN) submitted an ural Resources. COMMITTEE ON INDIAN AFFAIRS amendment intended to be proposed by The hearing will take place on Tues- Mr. REID. Mr. President, I ask unan- him to the bill H.R. 3009, to extend the day, May 7, beginning at 9:30 a.m., in imous consent that the Committee on Andean Trade Preference Act, to grant room 366 of the Dirksen Senate Office Small Business and Entrepreneurship additional trade benefits under that Building in Washington, DC. and the Committee on Indian Affairs be Act, and for other purposes; which was The purpose of the hearing is to re- authorized to meet during the session ordered to lie on the table; as follows: view the outlook for this year’s of the Senate for a joint hearing enti- At the end of section 3(b), add the fol- wildland fire season as well as to assess tled ‘‘Small Business Development in lowing: the Federal land management agen- Native American Communities: Is the (4) LIMITATIONS ON TRADE AUTHORITIES PRO- cies’ state of readiness and prepared- Federal Government Meeting Its Obli- CEDURES.— ness for the wildland fire season. gations?’’ on Tuesday, April 30, 2002,

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.041 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3575 beginning at 9:30 a.m., in room 428A of EXECUTIVE SESSION To be admiral the Russell Senate Office Building. Vice Adm. Walter F. Doran The PRESIDING OFFICER. Without AIR FORCE objection, it is so ordered. EXECUTIVE CALENDAR PN1496 Air Force nominations (13) begin- SUBCOMMITTEE ON ANTITRUST, BUSINESS Mr. REID. I ask unanimous consent ning Loraine H. Anderson, and ending Mi- RIGHTS AND COMPETITION that the Senate proceed to executive chael E. Young, which nominations were re- Mr. REID. Mr. President, I ask unan- session to consider the following nomi- ceived by the Senate and appeared in the imous consent that the Committee on nations: Calendar Nos. 802 and 804 Congressional Record of March 6, 2002. the Judiciary Subcommittee on Anti- through 809; and all nominations PN1548 Air Force nomination of Marilyn D. trust, Business Rights and Competition placed on the Secretary’s desk. Barton, which was received by the Senate be authorized to meet to conduct a I further ask unanimous consent that and appeared in the Congressional Record of hearing on ‘‘Hospital Group Pur- the nominations be confirmed en bloc, March 20, 2002. chasing: Lowering Costs at the Expense the motion to reconsider be laid upon PN1549 Air Force nomination of Larry O. the table, any statements be printed in Goddard, *which was received by the Senate of Patient Health and Medical Innova- and appeared in the Congressional Record of tions?’’ on Tuesday, April 30, 2002, at the RECORD, the President be imme- March 20, 2002. 2:30 p.m., in SD226. diately notified of the Senate’s action, PN1655 Air Force nomination of Michael B. Witness List: Ms. Trisha Barrett and the Senate resume legislative ses- Tierney, which was received by the Senate BSN, Assistant Director, Materiel sion, with the preceding all occurring and appeared in the Congressional Record of Services, Value Analysis Facilitator, without any intervening action or de- April 16, 2002. UCSF Medical Center, San Francisco, bate. PN1656 Air Force nomination of Donald R. CA; Mr. Lynn R. Detlor, Principal, The PRESIDING OFFICER. Without Copsey, which was received by the Senate GPO Concepts, Inc., San Diego, CA; Dr. objection, it is so ordered. and appeared in the Congressional Record of Mitchell Goldstein, Neonatologist, Cit- The nominations considered and con- April 16, 2002. rus Valley Medical Center, West Co- firmed en bloc are as follows: PN1622 Air Force nominations (51) begin- ning Samuel E. Aikele, and ending Bryan M. AIR FORCE vina, CA; Mr. Joe Kiani, President and White, which nominations were received by Chief Executive Officer, Masimo Cor- The following Air National Guard of the the Senate and appeared in the Congres- poration, Irvine, CA, Mr. Mark McKen- United States officers for appointment in the sional Record of April 9, 2002. Reserve of the Air Force to the grades indi- na, President, Novation, LLC, Irving, ARMY TX; Mr. Richard A. Norling, Chief Ex- cated under title 10, U.S.C., section 12203: ecutive Officer, Premier, Inc., San To be major general PN1550 Army nomination of Mary B. Be- dell, which was received by the Senate and Brigadier General Thomas P. Maguire, Jr. Diego, CA; and Ms. Elizabeth A. Weath- appeared in the Congressional Record of erman, Managing Director, Warburg To be brigadier general March 20, 2002. Pincus, LLC, New York, NY. Colonel LaRita A. Aragon PN1551 Army nomination of Rodney E. The PRESIDING OFFICER. Without Colonel Robert B. Bailey Hudson, which was received by the Senate objection, it is so ordered. Colonel Tod M. Bunting and appeared in the Congressional Record of Colonel Lawrence J. Cerfoglio SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT March 20, 2002. Colonel Eugene R. Chojnacki MANAGEMENT, RESTRUCTURING AND THE DIS- PN1552 Army nomination of James R. Uhl, Colonel Thorne A. Davis TRICT OF COLUMBIA which was received by the Senate and ap- Colonel Allen R. Dehnert Mr. REID. Mr. President, I ask unan- peared in the Congressional Record of March Colonel Dana B. Demand 20, 2002. imous consent that the Committee on Colonel R. Anthony Haynes Governmental Affairs Subcommittee PN1588 Army nominations (10) beginning Colonel Stanley J. Jaworski, Jr. Robert G. Anisko, and ending Craig A. on Oversight of Government Manage- Colonel Riley P. Porter Webber, which nominations were received by ment, Restructuring and the District Colonel Richard L. Rayburn the Senate and appeared in the Congres- of Columbia be authorized to meet on Colonel Timothy R. Rush sional Record of March 21, 2002. Colonel Ronald L. Shultz Tuesday, April 30, 2002, at 2:30 p.m., for PN1623 Army nomination of William K.C. Colonel John M. White a hearing to examine ‘‘Kids and Cafe- Parks, which was received by the Senate and terias: How Safe are Federal School MARINE CORPS appeared in the Congressional Record of Lunches?’’. The following named officer for appoint- April 9, 2002. The PRESIDING OFFICER. Without ment in the United States Marine Corps to PN1624 Army nominations (5) beginning objection, it is so ordered. the grade indicated while assigned to a posi- Michael J. Bennett, and ending Robert S. tion of importance and responsibility under Hough, which nominations were received by PERMANENT SUBCOMMITTEE ON INVESTIGATIONS title 10, U.S.C., section 601: the Senate and appeared in the Congres- Mr. REID. Mr. President, I ask unan- To be lieutenant general sional Record of April 9, 2002. imous consent that the Permanent Maj. Gen. Gary H. Hughey PN1625 Army nominations (8) beginning Subcommittee on Investigations of the The following named officer for appoint- Frank E. Batts, and ending Evelyn M. Wil- Committee on Governmental Affairs be ment in the United States Marine Corps to son, which nominations were received by the authorized to meet on Tuesday, April the grade indicated while assigned to a posi- Senate and appeared in the Congressional 30, 2002, at 9:30 a.m., for a hearing enti- tion of importance and responsibility under Record of April 9, 2002. tled ‘‘Gas Prices: How Are They Really title 10, U.S.C., section 601: PN1657 Army nominations (6) beginning Michael D. Armour, and ending David J. Set?’’. To be lieutenant general The PRESIDING OFFICER. Without Wheeler, which nominations were received Maj. Gen. James E. Cartwright by the Senate and appeared in the Congres- objection, it is so ordered. NAVY sional Record of April 16, 2002. f The following named officer for appoint- PN1658 Army nominations (2) beginning PRIVILEGES OF THE FLOOR ment in the United States Navy to the grade Bryan T. Much, and ending Lionel D. Robin- indicated under title 10, U.S.C., section 624: son, which nominations were received by the Mr. WELLSTONE. Mr. President, I To be rear admiral Senate and appeared in the Congressional ask unanimous consent that privileges Record of April 16, 2002. Rear Adm. (lh) Charles H. Johnston, Jr. of the floor be granted to Fiona Wright PN1659 Army nominations (2) beginning The following named officer for appoint- during the debate on H.R. 3009. Carl V. Hopper, and ending Timothy A. ment in the United States Navy to the grade Reisch, which nominations were received by The PRESIDING OFFICER. Without indicated while assigned to a position of im- the Senate and appeared in the Congres- objection, it is so ordered. portance and responsibility under title 10, sional Record of April 16, 2002. Mr. GRAHAM. Mr. President, I ask U.S.C., section 601: PN1660 Army nomination of John R. Car- unanimous consent that a congres- To be vice admiral sional fellow in my office, Ms. Tiffany lisle, which was received by the Senate and Vice Adm. Richard W. Mayo appeared in the Congressional Record of Smith, be granted floor privileges for The following named officer for appoint- April 16, 2002. the remainder of the debate on this leg- ment in the United States Navy to the grade PN1661 Army nomination of Bryan C. islation. indicated while assigned to a position of im- Sleigh, which was received by the Senate and The PRESIDING OFFICER. Without portance and responsibility under title 10, appeared in the Congressional Record of objection, it is so ordered. U.S.C., section 601: April 16, 2002.

VerDate Sep 11 2014 10:32 Jul 25, 2019 Jkt 000000 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S30AP2.REC S30AP2 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE S3576 CONGRESSIONAL RECORD — SENATE April 30, 2002 PN1405 Army nominations (24) beginning MAKING MINORITY APPOINT- Liberty Street, Medina, Ohio, as the Catherine E. Abbott, and ending Jeffrey N. MENTS FOR SPECIAL COM- ‘‘Donald J. Pease Federal Building,’’ Williams, which nominations were received MITTEE ON AGING was considered, ordered to a third read- by the Senate and appeared in the Congres- ing, read the third time, and passed. sional Record of February 6, 2002. Mr. REID. I ask unanimous consent PN1406 Army nominations (41) beginning that the Senate proceed to S. Res. 256, f Eli T. Alford, and ending Eugene C. which is at the desk. WILLIAM L. BEATTY FEDERAL Wardynski Jr., which nominations were re- The PRESIDING OFFICER. The BUILDING AND UNITED STATES ceived by the Senate and appeared in the clerk will report the resolution by Congressional Record of February 6, 2002. COURTHOUSE title. PN1407 Army nominations (66) beginning The bill (H.R. 3093) to designate the Bradley G. Anderson, and ending Donald A. The assistant legislative clerk read Federal building and United States Zimmer, which nominations were received as follows: courthouse located at 501 Bell Street in by the Senate and appeared in the Congres- A resolution (S. Res. 256) making minority sional Record of February 6, 2002. Alton, Illinois, as the ‘‘William L. party appointments for the special com- Beatty Federal Building and United PN1408–1 Army nominations (339) begin- mittee on aging for the 107th Congress. ning Mark H. Abernathy, and ending X0314, States Courthouse,’’ was considered, which nominations were received by the Sen- There being no objection, the Senate ordered to a third reading, read the ate and appeared in the Congressional proceeded to the immediate consider- third time, and passed. Record of February 6, 2002. ation of the resolution. f MARINE CORPS Mr. REID. I ask unanimous consent PN1621 Marine Corps nomination of Jason the resolution be agreed to, the motion MIKE MANSFIELD FEDERAL K. Fettig, which was received by the Senate to reconsider be laid upon the table, BUILDING AND UNITED STATES and appeared in the Congressional Record of and any statements be printed in the COURTHOUSE April 9, 2002. RECORD. The bill (H.R. 3282) to designate the PN1626 Marine Corps nominations (725) be- The PRESIDING OFFICER. Without ginning Bamidele J. Abogunrin, and ending Federal building and United States Jay K. Zollmann, which nominations were objection, it is so ordered. courthouse located at 400 North Main received by the Senate and appeared in the The resolution (S. Res. 256) was Street in Butte, Montana, as the ‘‘Mike Congressional Record of April 9, 2002. agreed to, as follows: Mansfield Federal Building and United PN1662 Marine Corps nominations (2) be- S. RES. 256 States Courthouse,’’ was considered, ginning Lester H. Evans, Jr., and ending Resolved, That the following be the minor- ordered to a third reading, read the Timothy M. Hathaway, which nominations ity membership on the Special Committee third time, and passed. were received by the Senate and appeared in on Aging for the remainder of the 107th Con- the Congressional Record of April 16, 2002. f gress, or until their successors are ap- PN1664 Marine Corps nomination of Thom- pointed. JAMES L. WATSON UNITED as P. Barzditis, which was received by the Special Committee on Aging: Mr. Craig, Senate and appeared in the Congressional STATES COURTHOUSE Mr. Burns, Mr. Shelby, Mr. Santorum, Ms. Record of April 16, 2002. The Senate proceeded to consider the PN1667 Marine Corps nomination of Donald Collins, Mr. Enzi, Mr. Hutchinson, Mr. En- sign, Mr. Hagel, and Mr. Smith of Oregon. bill (S. 1721) to designate the building C. Scott, which was received by the Senate located at 1 Federal Plaza in New and appeared in the Congressional Record of f York, New York, as the ‘‘James L. April 16, 2002. PN1668 Marine Corps nomination of John THE CALENDAR Watson United Court of International J. Fahey, which was received by the Senate Mr. REID. Mr. President, I ask unan- Trade Building,’’ which had been re- and appeared in the Congressional Record of imous consent the Senate proceed en ported from the Committee on Envi- April 16, 2002. bloc to the consideration of the fol- ronment and Public Works, with NAVY lowing calendar items: Calendar No. amendments, as follows: PN1554 Navy nominations (2) beginning 357, H.R. 495; Calendar No. 358, H.R. 819; (Omit the parts in black brackets and Eric Davis, and ending Frank D. Rossi, Calendar No. 359, H.R. 3093; Calendar insert the parts printed in italic.) which nominations were received by the Sen- S. 1721 ate and appeared in the Congressional No. 360, H.R. 3282; and Calendar No. 361, Be it enacted by the Senate and House of Rep- Record of March 20, 2002. S. 1721. PN1589 Navy nomination of James E. The PRESIDING OFFICER. Without resentatives of the United States of America in Toczko, which was received by the Senate objection, it is so ordered. Congress assembled, and appeared in the Congressional Record of øSECTION 1. DESIGNATION OF JAMES L. WATSON Mr. REID. I further ask consent the UNITED STATES COURT OF INTER- March 21, 2002. committee amendments, where appli- ¿ PN1627 Navy nomination of Bruce R. Chris- NATIONAL TRADE BUILDING. cable, be agreed to; the bills be read SECTION 1. DESIGNATION OF JAMES L. WATSON ten, which was received by the Senate and UNITED STATES COURTHOUSE. appeared in the Congressional Record of three times, passed, and the motions to reconsider be laid on the table en bloc; The building located at 1 Federal Plaza in April 9, 2002. New York, New York, shall be known and PN1628 Navy nomination of Cole J. Kupec, and the title amendments, where appli- designated as the ø‘‘James L. Watson United which was received by the Senate and ap- cable, be agreed to, that any state- States Court of International Trade Build- peared in the Congressional Record of April ments be printed in the RECORD, and ing’’.¿ ‘‘James L. Watson United States Court- 9, 2002. that the consideration of these items house’’. PN1629 Navy nomination of James E. Lamar, which was received by the Senate appear separately in the RECORD, with SEC. 2. REFERENCES. and appeared in the Congressional Record of no intervening action or debate. Any reference in a law, map, regulation, April 9, 2002. The PRESIDING OFFICER. Without document, paper, or other record of the PN1630 Navy nominations (12) beginning objection, it is so ordered. United States to the building referred to in Robert E. Bebermeyer, and ending Benjamin section 1 shall be deemed to be a reference f A. Shupp, which nominations were received øto the James L. Watson United States ¿ by the Senate and appeared in the Congres- RON DE LUGO FEDERAL BUILDING Court of International Trade Building. to the James L. Watson United States Courthouse. sional Record of April 9, 2002. The bill (H.R. 495) to designate the PN1553 Navy nomination of Lawrence J. The committee amendments were Federal building located in Charlotte Holloway, which was received by the Senate agreed to. and appeared in the Congressional Record of Amalie, St. Thomas, United States Vir- The bill (S. 1721), as amended, was March 20, 2002. gin Islands, as the ‘‘Ron de Lugo Fed- read the third time and passed, as fol- *Signifies nominee’s commitment to eral Building,’’ was considered, ordered lows: to a third reading, read the third time, respond to requests to appear and tes- S. 1721 tify before any duly constituted com- and passed. Be it enacted by the Senate and House of Rep- mittees of the Senate. f resentatives of the United States of America in f DONALD J. PEASE FEDERAL Congress assembled, LEGISLATIVE SESSION BUILDING SECTION 1. DESIGNATION OF JAMES L. WATSON UNITED STATES COURTHOUSE. The PRESIDING OFFICER. The Sen- The bill (H.R. 819 to designate the The building located at 1 Federal Plaza in ate will return to legislative session. Federal building located at 143 West New York, New York, shall be known and

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.053 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3577 designated as the ‘‘James L. Watson United Whereas the National Safe Kids Campaign tional Children’s Memorial Day’ and States Courthouse’’. promotes childhood injury prevention by April 26, 2002, as ‘Children’s Memorial SEC. 2. REFERENCES. uniting diverse groups into State and local Flag Day’.’’ Any reference in a law, map, regulation, coalitions, developing innovative edu- f document, paper, or other record of the cational tools and strategies, initiating leg- United States to the building referred to in islative changes, promoting new technology, NATIONAL OCCUPATIONAL SAFETY section 1 shall be deemed to be a reference to and raising awareness through the media; AND HEALTH WEEK the James L. Watson United States Court- and house. Whereas the National Safe Kids Campaign, The Senate proceeded to consider the with the support of founding sponsor John- resolution (S. Res. 245) designating the The title was amended so as to read: son & Johnson, has planned special child- week of May 5 through May 11, 2002, as ‘‘A bill to designate the building lo- hood injury prevention activities and com- ‘‘National Occupational Safety and cated at 1 Federal Plaza in New York, munity-based events for National Safe Kids Health Week.’’ New York, as the ‘James L. Watson Week 2002, which will focus on the preven- The resolution (S. Res. 245) was United States Courthouse’.’’. tion of wheel-related traumatic brain inju- agreed to. ries: Now, therefore, be it Mr. REID. Mr. President, I ask unan- The preamble was agreed to. imous consent the Senate proceed to Resolved by the Senate (the House of Rep- resentatives concurring), That Congress— The resolution, with its preamble, the consideration of the following cal- (1) proclaims the week of May 4 through reads as follows: endar items: Calendar No. 352, S. Con. May 11, 2002, as ‘‘National Safe Kids Week’’; S. RES. 245 Res. 102; Calendar No. 353, S. Res. 109; (2) supports the efforts and activities of the Whereas every year, more than 6,000 people Calendar No. 354, S. Res. 245. National Safe Kids Campaign to prevent die from job-related injuries and millions The PRESIDING OFFICER. Without childhood injuries, including bicycle-related more suffer occupational injuries or ill- objection, it is so ordered. traumatic brain injuries and equestrian-re- nesses; Mr. REID. I further ask unanimous lated brain injuries; and Whereas every day, millions of people go to consent any committee amendment, (3) requests that the President issue a and return home from work safely due, in proclamation calling upon the people of the where applicable, be agreed to, the con- part, to the efforts of many unsung heroes— United States to observe National Safe Kids the occupational safety, health, and environ- current resolution and resolutions and Week with appropriate ceremonies and ac- preambles be agreed to, en bloc, the mental professionals who work day in and tivities. day out identifying hazards and imple- title amendment, where appropriate, be f menting safety advances in all industries agreed to, and the motions to recon- NATIONAL CHILDREN’S MEMORIAL and at all workplaces, thereby reducing sider be laid on the table, en bloc, and workplace fatalities and injuries; any statements be printed in the DAY Whereas these safety professionals work to RECORD, and consideration of these The Senate proceeded to consider the prevent accidents, injuries, and occupational items appear separately in the RECORD resolution (S. Res. 109) designating the diseases, create safer work and leisure envi- with no intervening action or debate. second Sunday in the month of Decem- ronments, and develop safer products; The PRESIDING OFFICER. Without ber as ‘‘National Children’s Memorial Whereas the more than 30,000 members of the 90-year-old nonprofit American Society objection, it is so ordered. Day’’ and the last Friday in the month of Safety Engineers, based in Des Plaines, Il- f of April as ‘‘Children’s Memorial Flag linois, are safety professionals committed to Day.’’ protecting people, property, and the environ- NATIONAL SAFE KIDS WEEK The resolution (S. Res. 109) was ment globally; The Senate proceeded to consider the agreed to. Whereas the American Society of Safety resolution (S. Con. Res. 102) pro- The preamble was agreed to. Engineers, in partnership with the Canadian Society of Safety Engineers, has designated claiming the week of May 4 through The resolution, with its preamble, reads as follows: May 5 through May 11, 2002, as North Amer- May 11, 2002, as ‘‘National Safe Kids ican Occupational Safety and Health Week S. RES. 109 Week.’’ (referred to in this resolution as ‘‘NAOSH The concurrent resolution (S. Con. Whereas approximately 80,000 infants, chil- week’’); Res. 102) was agreed to. dren, teenagers, and young adults of families Whereas the purposes of NAOSH week are The preamble was agreed to. living throughout the United States die each to increase understanding of the benefits of year from myriad causes; investing in occupational safety and health, The concurrent resolution, with its Whereas the death of an infant, child, teen- preamble, reads as follows: to raise the awareness of the role and con- ager, or young adult of a family is considered tribution of safety, health, and environ- S. CON. RES. 102 to be one of the greatest tragedies that a mental professionals, and to reduce work- Whereas unintentional injury is the num- parent or family will ever endure during a place injuries and illnesses by increasing ber 1 killer of children under 15 years of age; lifetime; awareness and implementation of safety and Whereas in 2000, more than 373,000 children Whereas a supportive environment, empa- health programs; under 15 years of age were treated in hospital thy, and understanding are considered crit- Whereas during NAOSH week the focus emergency rooms for bicycle-related inju- ical factors in the healing process of a family will be on hazardous materials—what they ries, and more than 16,600 children under 15 that is coping with and recovering from the are, emergency response information, the years of age were treated for equestrian-re- loss of a loved one; and skills and training necessary to handle and lated injuries; Whereas April is National Child Abuse Pre- transport hazardous materials, relevant Whereas more than 40 percent of all bicy- vention month: Now, therefore, be it laws, personal protection equipment, and cle-related deaths are due to head injuries, Resolved, hazardous materials in the home; approximately three-fourths of all bicycle- SECTION 1. DESIGNATION OF NATIONAL CHIL- Whereas over 800,000 hazardous materials related head injuries occur among children DREN’S MEMORIAL DAY AND CHIL- are shipped every day in the United States, DREN’S MEMORIAL FLAG DAY. under 15 years of age, and 60 percent of all and over 3,100,000,000 tons are shipped annu- The Senate— equestrian-related deaths are related to head ally; and (1) designates the second Sunday in the injury; Whereas the continued threat of terrorism month of December as ‘‘National Children’s Whereas the single most effective safety and the potential use of hazardous materials Memorial Day’’ and the last Friday in the device available to reduce head injury and make it vital for Americans to have informa- month of April as ‘‘Children’s Memorial Flag death from bicycle and equestrian accidents tion on these materials: Now, therefore, be it Day’’; and is a properly fitted and safety certified hel- Resolved, That the Senate— (2) requests that the President issue a met; (1) designates the week of May 5 through proclamation calling upon the people of the Whereas national estimates report that May 11, 2002, as ‘‘National Occupational United States to— helmet use among child bicyclists is only be- Safety and Health Week’’; (A) observe ‘‘National Children’s Memorial tween 15 and 25 percent; (2) commends safety professionals for their Day’’ with appropriate ceremonies and ac- Whereas every dollar spent on a bicycle ongoing commitment to protecting people, tivities in remembrance of the many infants, helmet saves this Nation $30 in direct med- property, and the environment; children, teenagers, and young adults of fam- ical costs and other costs to society; (3) encourages all industries, organiza- ilies in the United States who have died; and Whereas there is no national safety stand- tions, community leaders, employers, and (B) fly the Children’s Memorial Flag on ard in place for equestrian helmets; employees to support educational activities ‘‘Children’s Memorial Flag Day’’. Whereas the National Safe Kids Campaign aimed at increasing awareness of the impor- supports efforts to reduce equestrian-related The title was amended so as to read: tance of preventing illness, injury, and death head injuries; ‘‘Designating December 8, 2002, as ‘Na- in the workplace; and

VerDate 11-MAY-2000 04:25 May 01, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A30AP6.054 pfrm12 PsN: S30PT1 S3578 CONGRESSIONAL RECORD — SENATE April 30, 2002 (4) requests that the President issue a fice Manager of the Office of the Legislative CYNTHIA M. RUFE, OF PENNSYLVANIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT proclamation calling on the people of the Counsel and demonstrated great dedication, OF PENNSYLVANIA. United States to observe ‘‘National Occupa- professionalism, and integrity in faithfully IN THE AIR FORCE tional Safety and Health Week’’ with appro- discharging the duties and responsibilities of priate ceremonies and activities. her position; THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT IN THE RESERVE f Whereas Suzanne Pearson retired on De- OF THE AIR FORCE TO THE GRADES INDICATED UNDER cember 31, 2001, after more than 33 years of TITLE 10, U.S.C., SECTION 12203: EXPRESSING THE GRATITUDE OF Government service; and To be major general THE UNITED STATES SENATE Whereas Suzanne Pearson has met the BRIGADIER GENERAL THOMAS P. MAGUIRE, JR. needs of the Senate with unfailing profes- FOR THE SERVICE OF SUZANNE To be brigadier general D. PEARSON TO THE OFFICE OF sionalism, skill, dedication, and good humor LEGISLATIVE COUNSEL during her entire career: Now, therefore, be COLONEL LARITA A. ARAGON it COLONEL ROBERT B. BAILEY COLONEL TOD M. BUNTING Mr. REID. Mr. President, I ask unan- Resolved, That the United States Senate COLONEL LAWRENCE J. CERFOGLIO imous consent the Senate proceed to commends Suzanne D. Pearson for her al- COLONEL EUGENE R. CHOJNACKI most 32 years of faithful and exemplary serv- COLONEL THORNE A. DAVIS the consideration of S. Res. 257, sub- COLONEL ALLEN R. DEHNERT mitted earlier today by Senator BYRD. ice to the United States Senate and the Na- COLONEL DANA B. DEMAND The PRESIDING OFFICER. The tion, and expresses its deep appreciation and COLONEL R. ANTHONY HAYNES gratitude for her long, faithful, and out- COLONEL STANLEY J. JAWORSKI, JR. clerk will report the resolution by COLONEL RILEY P. PORTER standing service. COLONEL RICHARD L. RAYBURN title. SEC. 2 The Secretary of the Senate shall COLONEL TIMOTHY R. RUSH The legislative clerk read as follows: transmit a copy of this resolution to Su- COLONEL RONALD L. SHULTZ COLONEL JOHN M. WHITE A resolution (S. Res. 257) expressing the zanne D. Pearson. IN THE MARINE CORPS gratitude of the United States Senate for the f service of Suzanne D. Pearson to the Office THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEASURE HELD AT THE DESK—S. IN THE UNITED STATES MARINE CORPS TO THE GRADE of Legislative Counsel. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- There being no objection, the Senate CON. RES. 103 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: proceeded to consider the resolution. Mr. REID. Mr. President, I ask unan- To be lieutenant general Mr. BYRD. Mr. President, I rise to imous consent that S. Con. Res. 103 be commend Ms. Suzanne Pearson who re- held at the desk. MAJ. GEN. GARY H. HUGHEY tired on December 31, 2001, after serv- The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS TO THE GRADE ing for almost 32 years in the Senate objection, it is so ordered. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- Office of the Legislative Counsel, in- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., f SECTION 601: cluding the last 10 years as Office Man- ORDERS FOR WEDNESDAY, MAY 1, To be lieutenant general ager. 2002 Mr. President, as President pro tem- MAJ. GEN. JAMES E. CARTWRIGHT pore of the Senate, it was my pleasure Mr. REID. Mr. President, I ask unan- IN THE NAVY to oversee the Office of the Legislative imous consent that when the Senate THE FOLLOWING NAMED OFFICER FOR APPOINTMENT completes its business today it adjourn IN THE UNITED STATES NAVY TO THE GRADE INDICATED Counsel when Suzanne Pearson was ap- UNDER TITLE 10, U.S.C., SECTION 624: pointed to her position as Office Man- until the hour of 9:30 a.m., Wednesday, To be rear admiral ager and also at the time of her retire- May 1. Following the prayer and pledge, the Journal of proceedings be REAR ADM. (LH) CHARLES H. JOHNSTON, JR. ment. I appreciated the great profes- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT sionalism and dedication she displaced approved to date, the morning hour be IN THE UNITED STATES NAVY TO THE GRADE INDICATED deemed expired, the time for the two WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND in her role as Office Manager, particu- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: larly the meticulous attention she paid leaders be reserved for their use later to detail in preparing the expense in the day, and the Senate resume con- To be vice admiral vouchers of the Office for my approval. sideration of the motion to proceed to VICE ADM. RICHARD W. MAYO We all rely on staff to effectively H.R. 3009 and vote on that motion. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without IN THE UNITED STATES NAVY TO THE GRADE INDICATED carry out our legislative responsibil- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ities. Ms. Pearson has seen to it that objection, it is so ordered. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the Office of Legislative Counsel and Mr. REID. I ask consent that it be in To be admiral order to ask for the yeas and nays on all Members of the Senate were well VICE ADM. WALTER F. DORAN that motion. served due to her professionalism and AIR FORCE NOMINATIONS BEGINNING LORAINE H. AN- dedication in helping to prepare legis- The PRESIDING OFFICER. Without DERSON AND ENDING MICHAEL E. YOUNG, WHICH NOMI- objection, it is so ordered. NATIONS WERE RECEIVED BY THE SENATE AND AP- lative drafts. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 6, Mr. President, I am proud to sponsor Mr. REID. I ask for the yeas and 2002. nays. AIR FORCE NOMINATION OF MARILYN D. BARTON. this resolution. Suzanne Pearson has AIR FORCE NOMINATION OF LARRY O.* GODDARD. The PRESIDING OFFICER. Is there a served her Nation well for over 33 AIR FORCE NOMINATIONS BEGINNING SAMUEL E sufficient second? There is a sufficient AIKELE AND ENDING BRYAN M WHITE, WHICH NOMINA- years. I wish Suzanne the very best for TIONS WERE RECEIVED BY THE SENATE AND APPEARED second. the future, especially time spent with IN THE CONGRESSIONAL RECORD ON APRIL 9, 2002. The yeas and nays were ordered. AIR FORCE NOMINATION OF MICHAEL B. TIERNEY. her sisters, Catherine and Adrienne, AIR FORCE NOMINATION OF DONALD R. COPSEY. and her nephews. f ARMY NOMINATIONS BEGINNING CATHERINE E ABBOTT AND ENDING JEFFREY N WILLIAMS, WHICH NOMINA- Mr. REID. I ask unanimous consent ADJOURNMENT UNTIL 9:30 A.M. TIONS WERE RECEIVED BY THE SENATE AND APPEARED the resolution and preamble be agreed IN THE CONGRESSIONAL RECORD ON FEBRUARY 6, 2002. TOMORROW ARMY NOMINATIONS BEGINNING ELI T ALFORD AND to, en bloc, and the motions to recon- Mr. REID. Mr. President, if there is ENDING EUGENE C WARDYNSKI, JR., WHICH NOMINA- sider be laid on the table, with no in- TIONS WERE RECEIVED BY THE SENATE AND APPEARED no further business to come before the IN THE CONGRESSIONAL RECORD ON FEBRUARY 6, 2002. tervening action or debate. Senate, I ask unanimous consent the ARMY NOMINATIONS BEGINNING BRADLEY G ANDER- The resolution (S. Res. 257) was SON AND ENDING DONALD A Senate stand in adjournment under the ZIMMER, WHICH NOMINATIONS WERE RECEIVED BY agreed to. previous order. THE SENATE AND APPEARED IN THE CONGRESSIONAL The preamble was agreed to. RECORD ON FEBRUARY 6, 2002. There being no objection, the Senate, ARMY NOMINATIONS BEGINNING MARK H ABERNATHY The resolution, with its preamble, at 7:12 p.m., adjourned until Wednes- AND ENDING X0314, WHICH NOMINATIONS WERE RE- reads as follows: CEIVED BY THE SENATE AND APPEARED IN THE CON- day, May 1, 2002, at 9:30 a.m. GRESSIONAL RECORD ON FEBRUARY 6, 2002. S. RES. 257 ARMY NOMINATION OF MARY B. BEDELL. f Whereas Suzanne Pearson became an em- ARMY NOMINATION OF RODNEY E. HUDSON. CONFIRMATIONS ARMY NOMINATION OF JAMES R. UHL. ployee of the Senate on February 10, 1970, ARMY NOMINATIONS BEGINNING ROBERT G. ANISKO and since that date has ably and faithfully Executive nominations confirmed by AND ENDING CRAIG A. WEBBER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE upheld the high standards and traditions of the Senate April 30, 2002: CONGRESSIONAL RECORD ON MARCH 21, 2002. the Office of the Legislative Counsel of the THE JUDICIARY ARMY NOMINATION OF WILLIAM K.C. PARKS. United States Senate for almost 32 years; ARMY NOMINATIONS BEGINNING MICHAEL J. BENNETT MICHAEL M. BAYLSON, OF PENNSYLVANIA, TO BE AND ENDING ROBERT S HOUGH, WHICH NOMINATIONS Whereas Suzanne Pearson from January 1, UNITED STATES DISTRICT JUDGE FOR THE EASTERN WERE RECEIVED BY THE SENATE AND APPEARED IN THE 1991, to December 31, 2001, served as the Of- DISTRICT OF PENNSYLVANIA. CONGRESSIONAL RECORD ON APRIL 9, 2002.

VerDate 11-MAY-2000 05:11 May 01, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 9801 E:\CR\FM\A30AP6.062 pfrm12 PsN: S30PT1 April 30, 2002 CONGRESSIONAL RECORD — SENATE S3579

ARMY NOMINATIONS BEGINNING FRANK E. BATTS AND ARMY NOMINATION OF JOHN R. CARLISLE. NAVY NOMINATION OF LAWRENCE J. HOLLOWAY. ENDING EVELYN M. WILSON, WHICH NOMINATIONS WERE ARMY NOMINATION OF BRYAN C. SLEIGH. NAVY NOMINATIONS BEGINNING ERIC DAVIS AND END- RECEIVED BY THE SENATE AND APPEARED IN THE CON- MARINE CORPS NOMINATION OF JASON K. FETTIG. ING FRANK D. ROSSI, WHICH NOMINATIONS WERE RE- GRESSIONAL RECORD ON APRIL 9, 2002. MARINE CORPS NOMINATIONS BEGINNING BAMIDELE J CEIVED BY THE SENATE AND APPEARED IN THE CON- ARMY NOMINATIONS BEGINNING MICHAEL D. ARMOUR ABOGUNRIN AND ENDING JAY K ZOLLMANN, WHICH GRESSIONAL RECORD ON MARCH 20, 2002. AND ENDING DAVID J. WHEELER, WHICH NOMINATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF JAMES E. TOCZKO. WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON APRIL 9, NAVY NOMINATION OF BRUCE R. CHRISTEN. CONGRESSIONAL RECORD ON APRIL 16, 2002. 2002. ARMY NOMINATIONS BEGINNING BRYAN T. MUCH AND MARINE CORPS NOMINATIONS BEGINNING LESTER H. NAVY NOMINATION OF COLE J. KUPEC. ENDING LIONEL D. ROBINSON, WHICH NOMINATIONS EVANS, JR. AND ENDING TIMOTHY M. HATHAWAY, WHICH NAVY NOMINATION OF JAMES E. LAMAR. WERE RECEIVED BY THE SENATE AND APPEARED IN THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING ROBERT E CONGRESSIONAL RECORD ON APRIL 16, 2002. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 16, BEBERMEYER AND ENDING BENJAMIN A SHUPP, WHICH ARMY NOMINATIONS BEGINNING CARL V. HOPPER AND 2002. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ENDING TIMOTHY A. REISCH, WHICH NOMINATIONS WERE MARINE CORPS NOMINATION OF THOMAS P. BARZDITIS. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 9, RECEIVED BY THE SENATE AND APPEARED IN THE CON- MARINE CORPS NOMINATION OF DONALD C. SCOTT. 2002. GRESSIONAL RECORD ON APRIL 16, 2002. MARINE CORPS NOMINATION OF JOHN J. FAHEY.

VerDate 11-MAY-2000 05:11 May 01, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 E:\CR\FM\A30AP6.021 pfrm12 PsN: S30PT1