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 House of Representatives The House met at 12:30 p.m. linois. They have a combined income of ing efforts to make permanent the f about $85,000. Their marriage tax pen- Bush tax cut. That is why I think it is alty prior to the Bush tax cut was very, very important that we put a MORNING HOUR DEBATES about $1,125 that Jose and Magdalena human face on those who would suffer The SPEAKER. Pursuant to the paid in higher taxes just because they and be hurt by Democratic efforts to order of the House of January 23, 2002, are married. I also want to introduce raise taxes once again, by either sus- the Chair will now recognize Members their children, Eduardo and Carolina pending, eliminating or preventing the from lists submitted by the majority Castillo, and their benefit of the Bush permanency of what we now call as the and minority leaders for morning hour tax cut from the doubling of the $500 Bush tax cut. debates. The Chair will alternate rec- per child tax credit as well. Of course, As I said earlier, there are 43 million ognition between the parties, with each that was $500. We raised that to $1,000. couples like Jose and Magdalena party limited to not to exceed 30 min- Here is the issue. Unfortunately, Castillo who benefit from the marriage utes, and each Member except the ma- there are some arcane rules over in the tax penalty relief in the Bush tax cut, jority leader, the minority leader, or other body which may require that the and in this case, Jose and Magdalena the minority whip limited to not to ex- Bush tax cut sunset in the year 2011. also benefit from $1,000 per child tax ceed 5 minutes. What that means is in a few years, credit which helps families with chil- The Chair recognizes the gentleman elimination of the marriage tax pen- dren. They would also lose that if we from Illinois (Mr. WELLER) for 5 min- alty and the $1,000 per child tax credit fail to make the Bush tax cut perma- utes. that the Castillo family benefits from nent. f will be eliminated, which means that It is often said, and those who argue their taxes will go up. Taxes go up against cutting taxes always say, that PROVIDING PERMANENT TAX $1,000 per child, as well as at least if someone pays taxes they are rich. We CUTS $1,125 a year when the marriage tax know that over 100 million Americans Mr. WELLER. Mr. Speaker, I come to penalty elimination expires. benefit from the Bush tax cut. Some of the floor today to draw attention to an We had a very, very important vote, those who really truly benefited are 3.9 issue that so many in this House have an important vote that was important million Americans who no longer pay worked on over the last several years for families like Jose and Magdalena Federal income taxes because of the and that is an issue of fairness. Castillo on this House floor 2 weeks Bush tax cut that we moved through Over the last several years we have ago, and that vote was on making the this House of Representatives, thanks asked a basic question. Is it right, is it Bush tax cut permanent. What that to the leadership of the gentleman fair, that under our tax code a married vote was all about was whether or not from Illinois (Mr. HASTERT), and if the working couple, where both the hus- to impose a tax increase on over 100 Democrats succeed in rescinding or re- band and wife are in the workforce, pay million American taxpayers who ben- pealing or preventing the permanency higher taxes than if they chose not to efit from the Bush tax cut, because if of the Bush tax cut, 3.9 million Ameri- get married? That is an issue I was so we fail to make the Bush tax cut per- cans, including 3 million Americans pleased and when this House under the manent, which lowered rates for all with children, will once again be placed gentleman from Illinois’ (Mr. HASTERT) taxpayers, which provided opportuni- back on the tax rolls. Voting against leadership and with the leadership of ties to set aside more in an IRA and a permanency of the Bush tax cut is a the gentleman from California (Mr. 401(k) and an education savings ac- tax increase. THOMAS) of the Ways and Means Com- count, eliminated the marriage tax Let me go back to the issue which I mittee, that we succeeded as part of penalty for 43 million company couples first raised at the beginning of my re- what is now known as the Bush tax like Jose and Magdalena Castillo, and marks, and that is the whole issue of cut, succeeded in passing legislation also wiped out the death tax so we can fairness. The tax code is complicated, which eliminated the marriage tax keep the family farm and the family and prior to the Bush tax cut, the com- penalty for almost 43 million married business in the family and in business plications of our Federal income tax working couples who on average paid when the founder passes on. forced 43 million Americans like Jose $1,700 more in higher taxes. Unfortunately, as I said earlier, it is and Magdalena Castillo to pay higher Let me give my colleagues an exam- going to expire, and unfortunately, our taxes just because they are married. ple of a married couple from Joliet, Il- friends on the other side of the aisle What caused that is Jose and linois. This is Jose and Magdalena overwhelmingly on the Democratic Magdalena are each in the workforce, Castillo. They are laborers in Joliet, Il- side voted to increase taxes by oppos- they each work as laborers, and when

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

H1689

. H1690 CONGRESSIONAL RECORD — HOUSE April 30, 2002 someone gets married, they file their Republicans in this body last week and Accordingly (at 12 o’clock and 44 taxes jointly which pushes them into a last year made a choice. Do we cut minutes p.m.), the House stood in re- higher tax bracket. We fixed that in taxes on the richest people in the coun- cess until 2 p.m. today. the Bush tax cut. Let us make mar- try, on the largest corporations in the f riage tax elimination permanent. country and a few dollars from the rest My hope is before the end of this year of us, or do we pass legislation that b 1400 that our friends in the other body as provides money for education? AFTER RECESS well as our friends on the other side of On issue after issue after issue, this The recess having expired, the House the aisle will work with us to help cou- Congress made the choice. It sides with was called to order by the Speaker pro ples like Jose and Magdalena Castillo. corporate interests, on the chemical tempore (Mr. CULBERSON) at 2 p.m. f company on arsenic legislation. It sides with the insurance companies on f PROVIDING A PRESCRIPTION privatizing Medicare. It sides with Wall PRAYER DRUG BENEFIT Street in privatizing Social Security. The SPEAKER pro tempore (Mr. It sides with the oil industry in writing The Chaplain, the Reverend Daniel P. BOOZMAN). Pursuant to the order of the environmental policy. It sides with Coughlin, offered the following prayer: House of January 23, 2002, the gen- Enron when writing energy policy. Preserved in Your grace, O Lord, at tleman from Ohio (Mr. BROWN) is rec- That is a choice. The choice is do we do times we may seem at a standstill. But ognized during morning hour debates what is right for the great majority of momentary inactivity may mean a fer- for 5 minutes. Americans or do we take the side of the menting of resolve. Mr. BROWN of Ohio. Mr. Speaker, I wealthiest or the biggest corporations Lord, grant to the Members of the came to the floor today to talk about and the wealthiest individuals? House of Representatives a patience to prescription drugs, how little this Con- That picture, notwithstanding that listen to deepest convictions buried gress is doing to provide a prescription my friend from Illinois put up, the fact within the heart and their delegation. drug benefit and how this body is doing is that that family may have gotten a Inspire a practical wisdom that is even less to control the cost of pre- little bit of money back in tax cuts, wrapped in the art of timing. scription drugs, but I feel compelled to but that family will not be eligible for Help all of Your people of this great comment on the previous speaker’s a prescription drug benefit because Nation grow in perseverance. Deliver comments. Congress, as they get older, because them from headline success, pollster It is always nice to put a nice-look- Congress will not do anything about popularity, and personal insecurity. ing family’s picture in front of TV prescription drugs because the money Strengthened by faith in You, may viewers and in front of this Congress is not there. I repeat, Congress made quiet and stronger commitments pre- and this Chamber and in front of the the choice last week and made the vail and produce enlightened options gallery to show how we care about peo- choice last year, do my colleagues born of creative repression. Let yester- ple in this country, but the picture want a prescription drug benefit for the day’s setbacks and compromise only that he should have put in front of the elderly or do they want to give tax cuts store up energy for tomorrow’s leap voters, in front of the viewer, in front to the richest people in the country forward. of this body is a picture of Ken Lay of and the largest corporations in the By taking one step at a time, may Enron which got literally hundreds of country? Do they want to fully fund every American persevere in pursuing millions of dollars in tax breaks as a the education programs in this country higher goals than those found in imme- result of the Bush administration’s fer- that Congress says it wants to fund or diate satisfaction. May we prove faith- vor for cutting taxes overwhelmingly do they want to give those tax breaks ful in seeking Your plan for us before for the rich and his fervor for pro- again to the wealthiest people? Do they reaction to every circumstance, now tecting every corporate interest in the fund our Medicare system which cuts and forever. Amen. country and his fervor for giving tax payments for home healthcare, which f giveaways, tax breaks to all of the big- cuts doctors’ fees too much, which cuts THE JOURNAL gest corporations in the country. hospitals, especially city hospitals in Six months ago this Congress gave $5 intercity and rural hospitals, or do The SPEAKER pro tempore. The billion to the airlines in tax breaks, they want to fund them properly or do Chair has examined the Journal of the and in this case, in airlines, simply they want to give away tax breaks to last day’s proceedings and announces subsidies and in terms of just dollars the richest citizens? to the House his approval thereof. from the Federal Treasury, but did That is the choice we make here Pursuant to clause 1, rule I, the Jour- nothing for laid-off workers. Similarly, every day. That is the difference be- nal stands approved. the Bush tax program that my friend tween Republicans and Democrats. Do f from Illinois just mentioned as he put we move forward and provide prescrip- the picture of a nice working-class tion drug benefits, provide for edu- PLEDGE OF ALLEGIANCE family, that tax benefit goes over- cation, provide for Head Start, provide The SPEAKER pro tempore. Will the whelmingly to the richest people in for food safety inspections, provide for gentleman from North Carolina (Mr. this country. strong environmental laws, or do we do COBLE) come forward and lead the Last year 100 million people, he said, the bidding of corporate America on House in the Pledge of Allegiance. in America benefited from the tax cut. issue after issue after issue? Give them Mr. COBLE led the Pledge of Alle- That may be true. People got a check the big tax breaks, weaken environ- giance as follows: for $300, but 43 percent of all the tax mental laws, weaken food safety laws, I pledge allegiance to the Flag of the benefits from the Bush tax cut goes to weaken laws that protect the American United States of America, and to the Repub- the 1 percent richest people in this public? lic for which it stands, one nation under God, country. Eighty percent of the benefits That is the choice we make. That is indivisible, with liberty and justice for all. go to the 10 percent wealthiest people the choice that Congress made that f in this country. was wrong in the last year and that the TRIBUTE TO THADDEUS STEVENS What does that say? It says that Con- President and the administration has gress last year and last week, as it did made. That is wrong. That is why we (Mr. PITTS asked and was given per- it again, made a choice. They made a need to correct it. mission to address the House for 1 choice. Do we give tax cuts to Ken Lay f minute and to revise and extend his re- and Enron and United Airlines and the marks.) biggest corporations and the richest in- RECESS Mr. PITTS. Mr. Speaker, on this day dividuals in this country, or do we pro- The SPEAKER pro tempore. Pursu- 136 years ago, one of the predecessors vide a prescription drug benefit to 15 ant to clause 12 of rule I, the Chair de- from my congressional district, a man million senior citizens who have no clares the House in recess until 2 p.m. named Thaddeus Stevens, stood in this drug coverage? We made a choice. The today. Chamber and introduced the 14th April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1691 amendment to the Constitution. The minute and to revise and extend his re- Mr. DAVIS of Illinois. Mr. Speaker, Civil War was over, but African Ameri- marks.) as we approach the reauthorization of cans still were not guaranteed the Mr. GIBBONS. Mr. Speaker, on such TANF, let us be mindful of the fact rights of citizens. The 13th amendment a beautiful sunny day here in the Na- that 75 percent of all new jobs are cre- had banned slavery, but many States tion’s Capitol, do we not think it might ated in suburban communities, outside were still refusing basic rights to black be refreshing to once in a while have a large inner cities. If we are to be suc- people. drink from a glass of cool refreshing cessful with moving people from wel- In 1868, Thaddeus Stevens of Lan- water? Would we trust that water if it fare to work, then we must make sure caster, Pennsylvania introduced the was from a well in southern Nevada 20 that there is adequate money, re- 14th amendment to fix that. His years from now? sources for transportation, so that the amendment guaranteed that all per- Well, Mr. Speaker, are my colleagues people can get from where there are sons born in the United States were aware that Yucca Mountain, Nevada, virtually no jobs to where the jobs are. citizens, not just of this country, but the space designated for the world’s Mr. Speaker, let us make sure that also of the State where they lived. high-level nuclear waste dump, sits on transportation is a part of TANF reau- Thaddeus Stevens fought hard for the a water reservoir? And are my col- thorization so that people can get from 14th amendment. leagues aware that the Department of welfare to where the jobs are. However, the 14th amendment was Energy has admitted that the rate of not enough for him. He wanted full water infiltration into Yucca Mountain f equality among the races, but that was is 100 times higher than that which the too much for his contemporaries. Dis- Federal Government originally in- appointed, Stevens said that he would tended for the site? And did my col- ANNOUNCEMENT BY THE SPEAKER ‘‘Take all I can get in the cause of hu- leagues know that even the smallest PRO TEMPORE manity and leave it to be perfected by earthquake at Yucca Mountain could The SPEAKER pro tempore. Pursu- better men in better times.’’ jar the repository, could break the ant to clause 8 of rule XX, the Chair Stevens died soon afterwards and was casks that hold this high-level nuclear will postpone further proceedings buried in the only cemetery in Lan- waste? If my colleagues knew that this today on each motion to suspend the caster that did not discriminate. His glass of water may contain radioactive rules on which a recorded vote or the tombstone reads this way: ‘‘I repose in nuclides from spent fuel, they would yeas and nays are ordered, or on which this quiet and secluded spot, that I not drink it. the vote is objected to under clause 6 of might illustrate in my death the Well, Mr. Speaker, Nevadans will not rule XX. principes which I advocated through a either. Storing spent fuel at Yucca Any record votes on postponed ques- long life: equality of man before his Mountain, Nevada is a dangerous en- tions will be taken after debate has Creator.’’ deavor and needs to be stopped, for Ne- concluded on motions to suspend the Mr. Speaker, Thaddeus Stevens was a vada and for every American. rules, but not before 6:30 p.m. today. great man indeed. f f NATO EXPANSION SHOULD f THE GIRL SCOUTS ARE A FIRST INCLUDE ROMANIA CLASS ORGANIZATION (Mr. WILSON of South Carolina NOTIFICATION AND FEDERAL EM- (Mr. COBLE asked and was given per- asked and was given permission to ad- PLOYEE ANTIDISCRIMINATION mission to address the House for 1 dress the House for 1 minute and to re- AND RETALIATION ACT OF 2001 minute and to revise and extend his re- vise and extend his remarks.) Mr. SENSENBRENNER. Mr. Speak- marks.) Mr. WILSON of South Carolina. Mr. er, I move to suspend the rules and Mr. COBLE. Mr. Speaker, when the Speaker, I rise to express my strong concur in the Senate amendments to Girl Scouts came to call on me for support for Romania’s membership the bill (H.R. 169) to require that Fed- their annual visit to give me Girl into NATO. I was warmly welcomed to eral agencies be accountable for viola- Scout cookies, I said to them, I never Cluj-Napoca, the sister city of Colum- tions of antidiscrimination and whis- hear from you all except at cookie bia, South Carolina, and I have seen tleblower protection laws; to require time. They said, well, why not talk firsthand as the roots of democracy that each Federal agency post quar- about us from time to time. So today I flourish in Romania. terly on its public Web site, certain am going to talk about the Girl Scouts, A recent article in The Washington statistical data relating to Federal sec- Mr. Speaker. Post cited the successful reform efforts Mr. Speaker, the Girl Scouts of the of Romania, as well as the cooperation tor equal employment opportunity USA is the world’s preeminent organi- that Romania has offered to America complaints filed with such agency; and zation dedicated solely to girls, all to fight the war on terrorism. Romania for other purposes. girls where, in an accepting and nur- has unconditionally opened its airspace The Clerk read as follows: turing environment, they build char- to its allies with 20 NATO military Senate Amendments: acter and skills for success in the real flights daily. Its brave young men and Page 2, line 6, strike out ‘‘2001’’ and insert world. In partnership with committed women serve as peacekeepers in Kabul, ‘‘2002’’. Page 2, in the table of contents, strike out adult volunteers, girls develop quali- and the Romanian government has of- ties that will serve them all of their fered a specialized mountain unit for ‘‘TITLE I—GENERAL PROVISIONS’’ lives, like leadership, strong values, so- service in the rugged terrain in Af- ‘‘Sec. 101. Findings.’’ cial conscience and conviction about ghanistan. ‘‘Sec. 102 Definitions.’’ their own potential and self-worth. I commend the efforts of Ambassador ‘‘Sec. 103 Effective date.’’ Today, there are 3.7 million Girl Sorin Ducaru, Foreign Minister Mircea and insert Scouts, 2.7 million girl members, and Geoana, and Deputy Chief of Mission TITLE I—GENERAL PROVISIONS 915 adult members. Stelian Stoian for their continuing im- Sec. 101. Findings. Mr. Speaker, I encourage my col- portant reforms and for joining the war Sec. 102. Sense of Congress. leagues to continue to purchase and on terrorism. Romania is proving itself Sec. 103. Definitions. consume Girl Scout cookies, but let us as a trustworthy ally and should be Sec. 104. Effective date. promote them year-round. The Girl granted membership to NATO with its Page 2, in the table of contents, strike out Scouts are, indeed, a first-class organi- neighbor, Bulgaria. ‘‘Sec. 206 Study by the General Accounting zation. f Office regarding exhaustion of administrative remedies.’’ f TANF REAUTHORIZATION and insert TAINTED WATER SUPPLY AT (Mr. DAVIS of Illinois asked and was YUCCA MOUNTAIN ‘‘Sec. 206. Studies by General Accounting given permission to address the House Office on exhaustion of rem- (Mr. GIBBONS asked and was given for 1 minute and to revise and extend edies and certain Department permission to address the House for 1 his remarks.) of Justice costs.’’ H1692 CONGRESSIONAL RECORD — HOUSE April 30, 2002 Page 2, strike out all after line 9 over to (6)(A) Federal agencies are expected to re- the agency) to comply with the requirements and including line 13 on page 4 and insert: imburse the General Fund of the Treasury under section 201. SEC. 101. FINDINGS. within a reasonable time under this Act; and Page 9, strike out lines 18 and 19 and insert Congress finds that— (B) a Federal agency, particularly if the ‘‘years (or, if data are not available for all (1) Federal agencies cannot be run effec- amount of reimbursement under this Act is 5 fiscal years, for each of those 5 fiscal years tively if those agencies practice or tolerate large relative to annual appropriations for for which data are available)’’. Page 9, line 23, strike out ‘‘title,’’ and in- discrimination; that agency, may need to extend reimburse- ment over several years in order to avoid— sert ‘‘title’’; (2) Congress has heard testimony from in- Page 9, strike out all after line 23 over to (i) reductions in force; dividuals, including representatives of the and including line 6 on page 10 and insert (ii) furloughs; National Association for the Advancement of (2) rules to require that a comprehensive (iii) other reductions in compensation or Colored People and the American Federation study be conducted in the executive branch benefits for the workforce of the agency; or of Government Employees, that point to to determine the best practices relating to (iv) an adverse effect on the mission of the chronic problems of discrimination and re- the appropriate disciplinary actions against agency. taliation against Federal employees; Federal employees who commit the actions Page 4, line 14, strike out ‘‘102.’’ and insert (3) in August 2000, a jury found that the described under clauses (i) and (ii) of section Environmental Protection Agency had dis- ‘‘103’’. Page 4, line 18, strike out ‘‘agency,’’ and 203(a)(6)(A); and criminated against a senior social scientist, Page 10, line 20, strike out ‘‘guidelines,’’ insert ‘‘agency’’; and awarded that scientist $600,000; and insert ‘‘guidelines’’; (4) in October 2000, an Occupational Safety Page 4, line 21, strike out ‘‘303,’’ and insert Page 10, lines 22 and 23, strike out ‘‘guide- and Health Administration investigation ‘‘303’’; lines,’’ and insert ‘‘guidelines’’; found that the Environmental Protection Page 4, line 25, strike out ‘‘Commission,’’ Page 11, strike out all after line 9 over to Agency had retaliated against a senior sci- and insert ‘‘Commission’’; and including line 16 on page 12 and insert entist for disagreeing with that agency on a Page 5, line 2, strike out ‘‘agency,’’ and in- SEC. 206. STUDIES BY GENERAL ACCOUNTING OF- matter of science and for helping Congress to sert ‘‘agency’’; FICE ON EXHAUSTION OF ADMINIS- carry out its oversight responsibilities; Page 5, line 5, strike out ‘‘agency,’’ and in- TRATIVE REMEDIES AND ON ASCER- (5) there have been several recent class ac- sert ‘‘agency’’; TAINMENT OF CERTAIN DEPART- tion suits based on discrimination brought Page 5, line 9, strike out ‘‘103.’’ and insert MENT OF JUSTICE COSTS. (a) STUDY ON EXHAUSTION OF ADMINISTRA- against Federal agencies, including the Fed- ‘‘104’’. TIVE REMEDIES.— eral Bureau of Investigation, the Bureau of Page 6, line 3, strike out ‘‘(c),’’ and insert (1) STUDY.— Alcohol, Tobacco, and Firearms, the Drug ‘‘(c)’’; Page 6, line 19, strike out ‘‘of the’’ and in- (A) IN GENERAL.—Not later than 180 days Enforcement Administration, the Immigra- sert ‘‘,’’ after the date of enactment of this Act, the tion and Naturalization Service, the United Page 7, line 2, strike out ‘‘of the’’ and in- General Accounting Office shall conduct a States Marshals Service, the Department of sert ‘‘,’’ study relating to the effects of eliminating Agriculture, the United States Information Page 7, strike out lines 3 and 4 the requirement that Federal employees ag- Agency, and the Social Security Administra- Page 7, line 14, strike out ‘‘law,’’ and insert grieved by violations of any of the laws spec- tion; ‘‘law’’; ified under section 201(c) exhaust adminis- (6) notifying Federal employees of their Page 7, line 15, strike out ‘‘if to the extent trative remedies before filing complaints rights under discrimination and whistle- that’’ and insert ‘‘if, or to the extent that’’, with the Equal Employment Opportunity blower laws should increase Federal agency Page 8, line 8, after ‘‘ate,’’ insert ‘‘the Commission. compliance with the law; Committee on Governmental Affairs of the (B) CONTENTS.—The study shall include a (7) requiring annual reports to Congress on Senate, the Committee on Government Re- detailed summary of matters investigated, the number and severity of discrimination form of the House of Representatives, each information collected, and conclusions for- and whistleblower cases brought against committee of Congress with jurisdiction re- mulated that lead to determinations of how each Federal agency should enable Congress lating to the agency,’’ the elimination of such requirement will— to improve its oversight over compliance by Page 8, line 14, strike out ‘‘alleged,’’ and (i) expedite handling of allegations of such agencies with the law; and insert ‘‘alleged’’; violations within Federal agencies and will (8) requiring Federal agencies to pay for Page 8, line 16, strike out ‘‘(1),’’ and insert streamline the complaint-filing process; any discrimination or whistleblower judg- ‘‘(1)’’; (ii) affect the workload of the Commission; ment, award, or settlement should improve Page 8, line 21, strike out ‘‘any,’’ and insert (iii) affect established alternative dispute agency accountability with respect to dis- ‘‘any’’; resolution procedures in such agencies; and crimination and whistleblower laws. Page 8, line 25, strike out ‘‘(1),’’ and insert (iv) affect any other matters determined SEC. 102. SENSE OF CONGRESS. ‘‘(1)’’; by the General Accounting Office to be ap- It is the sense of Congress that— Page 9 , line 3, strike out ‘‘, and’’ and in- propriate for consideration. (1) Federal agencies should not retaliate sert ‘‘;’’ (2) REPORT.—Not later than 90 days after for court judgments or settlements relating Page 9, strike out lines 4 through 14 and in- completion of the study required by para- to discrimination and whistleblower laws by sert graph (1), the General Accounting Office targeting the claimant or other employees (6) a detailed description of— shall submit to the Speaker of the House of with reductions in compensation, benefits, or (A) the policy implemented by that agency Representatives, the President pro tempore workforce to pay for such judgments or set- relating to appropriate disciplinary actions of the Senate, the Equal Employment Oppor- tlements; against a Federal employee who— tunity Commission, and the Attorney Gen- (2) the mission of the Federal agency and (i) discriminated against any individual in eral a report containing the information re- the employment security of employees who violation of any of the laws cited under sec- quired to be included in such study. are blameless in a whistleblower incident tion 201(a) (1) or (2); or (b) STUDY ON ASCERTAINMENT OF CERTAIN should not be compromised; (ii) committed another prohibited per- COSTS OF THE DEPARTMENT OF JUSTICE IN DE- (3) Federal agencies should not use a reduc- sonnel practice that was revealed in the in- FENDING DISCRIMINATION AND WHISTLEBLOWER tion in force or furloughs as means of fund- vestigation of a complaint alleging a viola- CASES.— ing a reimbursement under this Act; tion of any of the laws cited under section (1) STUDY.—Not later than 180 days after (4)(A) accountability in the enforcement of 201(a) (1) or (2); and the date of enactment of this Act, the Gen- employee rights is not furthered by (B) with respect to each of such laws, the eral Accounting Office shall conduct a study terminating— number of employees who are disciplined in of the methods that could be used for, and (i) the employment of other employees; or accordance with such policy and the specific the extent of any administrative burden that (ii) the benefits to which those employees nature of the disciplinary action taken; would be imposed on, the Department of Jus- are entitled through statute or contract; and (7) an analysis of the information described tice to ascertain the personnel and adminis- (B) this Act is not intended to authorize under paragraphs (1) through (6) (in conjunc- trative costs incurred in defending in each those actions; tion with data provided to the Equal Em- case arising from a proceeding identified (5)(A) nor is accountability furthered if ployment Opportunity Commission in com- under section 201(a) (1) and (2). Federal agencies react to the increased ac- pliance with part 1614 of title 29 of the Code (2) REPORT.—Not later than 90 days after countability under this Act by taking un- of Federal Regulations) including— completion of the study required by para- founded disciplinary actions against man- (A) an examination of trends; graph (1), the General Accounting Office agers or by violating the procedural rights of (B) causal analysis; shall submit to the Speaker of the House of managers who have been accused of discrimi- (C) practical knowledge gained through ex- Representatives and the President pro tem- nation; and perience; and pore of the Senate a report containing the (B) Federal agencies should ensure that (D) any actions planned or taken to im- information required to be included in the managers have adequate training in the prove complaint or civil rights programs of study. management of a diverse workforce and in the agency; and Page 12, after line 16, insert dispute resolution and other essential com- (8) any adjustment (to the extent the ad- (c) STUDIES ON STATUTORY EFFECTS ON munication skills; and justment can be ascertained in the budget of AGENCY OPERATIONS.— April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1693 (1) IN GENERAL.—Not later than 18 months The SPEAKER pro tempore. Is there As the National Taxpayers Union after the date of enactment of this Act, the objection to the request of the gen- stated in urging Congress to enact the General Accounting Office shall conduct— tleman from Wisconsin? legislation, ‘‘The No FEAR Act pro- (A) a study on the effects of section 201 on There was no objection. motes the virtues of fiscal responsi- the operations of Federal agencies; and Mr. SENSENBRENNER. Mr. Speak- bility and accountability in govern- (B) a study on the effects of section 13 of er, I yield myself such time as I may the Contract Disputes Act of 1978 (41 U.S.C. ment.’’ And, as Jack White of Time 612) on the operations of Federal agencies. consume. Magazine stated, the No FEAR bill is (2) CONTENTS.—Each study under para- Mr. Speaker, the Federal Govern- the ‘‘first new civil rights law of the graph (1) shall include, with respect to the ment must be the role model for civil 21st century.’’ applicable statutes of the study— rights, not for civil rights violations. The No FEAR Act passed the House (A) a summary of the number of cases in For far too long there has been little back in October of 2001 with a 420 to which a payment was made in accordance accountability which Federal agencies zero vote. The Senate, after 6 months, with section 2414, 2517, 2672, or 2677 of title 28, discriminate and retaliate against United States Code, and under section 1304 of finally passed the bill and sent it back their employees. I am happy to say here with a few minor changes to the title 31, United States Code; that this is about to change with the (B) a summary of the length of time Fed- reporting requirements and 2 new GAO eral agencies used to complete reimburse- enactment of the No FEAR bill, a bill studies. ments of payments described under subpara- that I introduced, together with the In closing, Mr. Speaker, this bill graph (A); and gentlewoman from Texas (Ms. JACK- never would have happened without the (C) conclusions that assist in making de- SON-LEE), and the gentlewoman from hard work of Dr. Marsha Coleman- terminations on how the reimbursements of Maryland (Mrs. MORELLA), after a year- Adebayo, the Federal whistleblower payments described under subparagraph (A) long investigation. who brought this issue to the forefront; will affect— That investigation, as well as several Mr. Leroy Warren of the NAACP, and (i) the operations of Federal agencies; General Accounting Office investiga- Steven Kohn of the National Whistle (ii) funds appropriated on an annual basis; tions, indicated a serious problem in Blowers Center. (iii) employee relations and other human the Federal Government. The congres- capital matters; Mr. Speaker, the Federal Govern- sional investigation found evidence (iv) settlements; and ment should be a model of the best that a Federal agency was allowing dis- (v) any other matter determined by the practices for a fair and open work envi- crimination and retaliation against its General Accounting Office to be appropriate ronment. That was not the case in the for consideration. employees. This evidence was sup- 1990s, but must be the case in the 21st (3) REPORTS.—Not later than 90 days after ported by the GAO reports that inves- the completion of each study under para- tigated discrimination in the Federal century. I urge my colleagues to sup- graph (1), the General Accounting Office workforce during the 1990s and found port this bill. shall submit a report on each study, respec- that complaints of discrimination by Mr. Speaker, I reserve the balance of tively, to the Speaker of the House of Rep- Federal agencies grew tremendously. my time. resentatives, the President pro tempore of In fact, by 1999, the number of such Ms. JACKSON-LEE of Texas. Mr. the Senate, the Committee on Governmental Speaker, I yield myself such time as I Affairs of the Senate, the Committee on Gov- complaints to the EEOC increased by almost 130 percent over the number of may consume. ernment Reform of the House of Representa- Mr. Speaker, though this might seem tives, and the Attorney General. complaints in 1991. The GAO reported to be a little bit flowery, there are Page 12, after line 16, insert that complaints alleging retaliation often times when we bring legislation (d) STUDY ON ADMINISTRATIVE AND PER- against employees who had partici- to the floor of the House that has SONNEL COSTS INCURRED BY THE DEPARTMENT pated in the complaint process also in- OF THE TREASURY.— creased. worked its will, and it makes a dif- (1) IN GENERAL.—Not later than 1 year after The problem in the Federal work- ference and it changes lives, and we are the date of enactment of this Act, the Gen- force is threefold. First, because of in- glad that it passed. eral Accounting Office shall conduct a study adequate notification requirements, b 1415 on the extent of any administrative and per- many employees are not aware of their sonnel costs incurred by the Department of rights and many managers are not But sometimes we can call legisla- the Treasury to account for payments made aware of their responsibilities. Second, tion a labor of love, and I would like to in accordance with section 2414, 2517, 2672, or think that the work that the chairman 2677 of title 28, United States Code, and Federal agencies and Congress cannot assess the extent of the problem due to of the Committee on the Judiciary has under section 1304 of title 31, United States done symbolizes that. Code, as a result of— inadequate reporting. Third, Federal (A) this Act; and agencies are not accountable for the I would like to personally thank the (B) the Contracts Dispute Act of 1978 (41 misdeeds of their employees, because gentleman from Wisconsin (Chairman U.S.C. 601 note; Public Law 95–563). they simply tap the general Treasury SENSENBRENNER) for having the stick- (2) REPORT.—Not later than 90 days after to pay for court judgments and settle- to-it-iveness to collaborate with me the completion of the study under paragraph ments in discrimination cases. and to be responsive to issues that (1), the General Accounting Office shall sub- The No FEAR Act targets these 3 came to our attention when we were mit a report on the study to the Speaker of problems. The bill will require agencies members of the Committee on Science. the House of Representatives, the President The gentleman from Wisconsin was pro tempore of the Senate, the Committee on to pay for all court settlements and Governmental Affairs of the Senate, the judgments for discrimination and re- chairman, and I was a member of that Committee on Government Reform of the taliation cases, instead of allowing the committee. I remain a member of that House of Representatives, and the Attorney agency to use a government-wide slush committee and the Committee on the General. fund. This will make agencies more ac- Judiciary, and we remain colleagues The SPEAKER pro tempore. Pursu- countable. working together. This legislation rep- ant to the rule, the gentleman from The bill has a notification require- resents a challenge to all of us. Finally, the story has a positive end- Wisconsin (Mr. SENSENBRENNER) and ment aimed at improving workforce re- the gentlewoman from Texas (Ms. lations by increasing managers’ and ing. It represents changing lives. Mr. Speaker, I might say, some lives were JACKSON-LEE) each will control 20 min- employees’ knowledge of their respec- utes. tive rights and responsibilities. lost. This is an important initiative on The Act also has reporting require- the floor of the House today. Because The Chair recognizes the gentleman ments that will help determine if a pat- of its importance, I took all necessary from Wisconsin (Mr. SENSENBRENNER). tern of misconduct exists within an means from Texas to get here on time, GENERAL LEAVE agency and whether that agency is tak- and I am glad I just made it. Mr. SENSENBRENNER. Mr. Speak- ing appropriate action to address the But let me speak to the No FEAR er, I ask unanimous consent that all problem. The GAO testified on May 9 Act regarding the legislation that is Members may have 5 legislative days that such tracking of complaints, now before us that has come to us from within which to revise and extend their cases, and costs are not occurring, but the United States Senate. This is a remarks on H.R. 169 now under consid- that it is critical to understanding major step in our fight to end the in- eration. whether a problem exists. sidious practice of discrimination and H1694 CONGRESSIONAL RECORD — HOUSE April 30, 2002 retaliation in our Nation’s Federal House Committee on Science held a pitable workplace, but applauding the workforce. hearing entitled ‘‘Intolerance at EPA, working people of the Federal Govern- Mr. Speaker, in the fiscal year 2000, Harming People, Harming Science.’’ ment, and at the same time weeding Federal employees filed nearly 25,000 That is when our hero, Dr. Marsha out and pushing out discrimination. complaints against Federal agencies Coleman-Adebayo, an EPA whistle- I’d like to thank Judiciary Chairman JAMES through the EEOC process. These com- blower, won a $600,000 jury decision SENSENBRENNER, Ranking Member JOHN CON- plaints resulted in over $26 million in against EPA for race and sex discrimi- YERS, and all my colleagues from both sides of discrimination complaint settlements nation under Title VII of the Civil the aisle for supporting this important civil and judgments, with an average proc- Rights Act of 1964. rights legislation. This bill before us today, a ess time of 384 days per complaint in During that hearing, then chairman substitute to H.R. 169 (the No Fear Act), is a 1998, while a case traveling through the of the Committee on Science, the gen- major step in our fight to end the insidious entire complaint process, from filing tleman from Wisconsin (Mr. SENSEN- practice of discrimination and retaliation in our through appeal, could take up to 38 BRENNER) illuminated the dangerous Nation’s federal workplace. months. precedent set by the EPA, stating My friends, in fiscal year 2000, federal em- Some would say that is a waste of ‘‘While EPA has a clear policy on deal- ployees filed nearly 25,000 complaints against money. Some would say that this legis- ing with employees who discriminate, federal agencies through the EEOC process. lation will, in fact, save the govern- harass, or retaliate against other EPA These complaints resulted in over $26 million ment money by creating an atmos- employees, no one apparently involved in discrimination complaint settlements and phere of tolerance and nondiscrimina- in the Coleman-Adebayo or Nolan cases judgements, with an average process time of tion, as the chairman said, in the 21st have yet to be disciplined by EPA.’’ 384 days per complaint in 1998, while a case century. These numbers and process Here is what we have: We have a situ- traveling through the entire complaint process times indicate that discrimination is ation where Dr. Coleman-Adebayo was from filing through appeal could take up to 38 pervasive now in our Federal work- faced with constant harassment and months. These numbers and process times in- place, and we must change it. discrimination, and it did not change. dicate that discrimination is pervasive in our Under the Civil Rights Act of 1964, it Could Members imagine that in a sub- federal workplace. is illegal to discriminate against Fed- sequent report, those employees that Under the Civil Rights Act of 1964, it is ille- eral employees on the basis of race, discriminated against her were ap- gal to discriminate against federal employees color, sex, religion, national origin, plauded and complimented for their on the basis of race, color, sex, religion, na- age, or disability. These laws have work? Do Members realize that in the tional origin, age, or disability. These laws have taken us a long way towards ensuring taken us a long way towards ensuring testimony, a number of those stories equality, job security, and the rule of law in the equality, job security, and the rule of that were not able to be presented per- federal workplace by protecting federal em- law in the Federal workplace by pro- sonally, a number of those stories re- ployees from retaliation for filing complaints tecting Federal employees from retal- sulted in illnesses that employees suf- against either the agency or other employees iation when filing complaints against fered. One employee lost his life be- of the federal government who act in super- either the agency or other employees cause of the stress. of the Federal Government who act in visory roles. The No FEAR bill now responds to a Currently, federal whistleblowers may file re- supervisory roles. workplace that can be safe and hos- prisal complaints with the Office of Special Currently, Federal whistleblowers pitable. Counsel (‘‘OSC’’), the Merit Systems Protec- may file reprisal complaints with the First, the bill requires accountability tion Board (‘‘MSPB’’), and the Department of Office of Special Counsel, the Merit throughout our Federal workplace, and Labor’s Occupational Safety and Health Ad- System Protection Board, the Depart- disturbingly, under current law, Fed- ministration (‘‘OSHA’’). Federal whistleblowers ment of Labor, the Occupation and eral agencies are not held liable when are protected under several federal laws, the Safety Health Administration, OSHA. they lose judgments. The No FEAR Act primary one being the Whistleblower Protec- Federal whistleblowers are protected recognizes that accountability is im- tion Act of 1989. But the numbers of actions under several Federal laws, the pri- portant. and extensive process times indicate that fur- mary one being the Whistleblower Pro- The No FEAR Act, secondly, requires ther legislation is greatly needed. tection Act of 1989. Federal agencies to notify employees Since its introduction in the 106th Congress But the number of actions and exten- about any applicable discrimination as H.R. 5516, the Notification and Federal sive process times indicate that this and whistleblower protection laws, and Employee Anti-discrimination And Retaliation legislation is greatly needed. The No report to Congress. That is a big step. Act of 2000 (No FEAR Act), has stood for the FEAR Act is instructive and impor- If they come as new or old employees, principle that federal employees should have tant. Since its introduction in the they do not know. ‘‘no fear’’ in reporting discriminatory behavior 106th Congress as H.R. 5516, the Notifi- Third, No FEAR recognizes Congress’ by their federal agency employers. Like its cation and Federal Employee Anti- intent that such legislation is nec- predecessor, the legislation before us today, discrimination and Retaliation Act of essary, but should not otherwise limit H.R. 169, demands that agencies be held ac- 2000, No FEAR, has stood for the prin- the ability of Federal employees to ex- countable for their misdeeds, but H.R. 169 ex- ciple that Federal employees should ercise their other rights. pands accountability throughout the entire have no fear reporting discriminatory Finally, No FEAR requires each Fed- Federal Government. behavior by their Federal agency em- eral agency to send in an annual report Let me put a face on this problem. On Octo- ployers. to Congress listing, among other ber 2, 2000, the House Science Committee Like its predecessor, the legislation things, the number of cases the agency held a hearing entitled ‘‘Intolerance at EPA— before us today, H.R. 169, demands that is involved in. Harming People, Harming Science?’’ Dr. Mar- agencies be held accountable for their Let me applaud the Senate, Mr. shal Coleman-Adebayo, an EPA whistle- misdeeds, but H.R. 169 expands ac- Speaker, and say that I am gratified at blower, won a $600,000 jury decision against countability through the entire Fed- the amendments they offered, the one EPA for race and sex discrimination under eral Government. expressing the sense of Congress that Title VII of the Civil Rights Act of 1964. During The American Federation of Govern- we should not be punitive on one side that hearing, then Chairman of the Science ment Employees have No FEAR be- to help another side. We should not use Committee Sensenbrenner illuminated the cause we are here to work with them. a reduction of workforce or forced fur- dangerous precedent set by the EPA, stating, We know of the conscientious and well- loughs in order to pay for settlements. ‘‘While EPA has a clear policy on dealing with meaning and hardworking Federal em- I am very gratified that they have an employees that discriminate, harass and retali- ployees, and we affirm them today. The amendment that will allow the reports ate against other EPA employees, no one ap- only thing this legislation attempts to to go to all committees of jurisdiction, parently involved in the Coleman-Adebayo or do is to work with them to ensure that and their third amendment that will Nolan cases have yet to be disciplined by we have a Federal workplace that all of ask for a study to see how much the EPA.’’ us can be proud of. cost is. I note with concern that an internal EPA Let me put a face on this problem, Mr. Speaker, I believe this labor of memo dated August 2, 2001 praised the man- Mr. Speaker. On October 2, 2000, the love is long overdue, creating a hos- agers named in Dr. Coleman-Adebayo’s case April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1695 as environmental leaders without a single make every effort possible to ensure that Ms. JACKSON-LEE of Texas. Mr. mention of their role in violating her civil rights. those victims and heroes who come forward to Speaker, I yield myself such time as I When coupled with the high profile nature of warn us of the violations existing in the federal may consume. the Dr. Coleman-Adebayo’s case, I believe workplace are protected from retaliation, treat- Mr. Speaker, let me again thank the these actions send the wrong message to ed with the respect and dignity, and are af- gentleman for this long journey that EPA and federal employees. forded the due process to which they are enti- we took, and mention my thanks to No FEAR contains four major provisions tled to under the law. the other body in the framework that I which address this problem. First, the bill re- Our federal employees cannot and must not am allowed to do so in accordance with quires accountability throughout our federal live in fear. This bi-partisan legislation will en- the rules of the House. workplace. Disturbingly, under current law, sure that they do not. I urge my colleagues to Let me conclude by simply saying federal agencies are not held liable when they support it. that we are our brothers’ and sisters’ lose judgements, awards or compromise set- Finally, I would like to express my apprecia- keepers. I appreciate the distinguished tlements in whistleblower and discrimination tion to Dr. Marsha Coleman. Adebayo, all the gentleman from Illinois because of his cases. This has the effect of discouraging ac- employees that I met with on this issue the leadership on civil service issues. His countability because the Federal Government entire workplace task force, the NAACP, the support on this is, of course, making it pays such awards out of a government-wide Chicago branch of the NAACP and President a bill that responds to all of our con- judgement fund. The No FEAR Act recognizes of the NAACP Kweisi Mfume for their leader- cerns. that accountability is the cornerstone of good ship, help, persistence and commitment to the Mr. Speaker, I would simply say that management policy, and as such requires that passage of the No FEAR legislation. this bill helps the government to do its when agencies lose judgments, awards, or Mr. Speaker, it is my pleasure to work. Part of the problem with the En- compromise settlements in whistleblower and yield 3 minutes to the gentleman from vironmental Protection Agency is that discrimination cases, the responsible agency Illinois (Mr. DAVIS), the distinguished sociologists could not do science work, must pay for the judgment out of its own ranking member of the Committee on but they could do good sociologists budget, rather than out of a general federal Government Reform’s Subcommittee work. The problems is that they were judgment fund as currently occurs. on Civil Service and Agency Organiza- mistreated such that they were forced Second, No FEAR requires Federal agen- tion. to do a certain kind of work that they cies to notify employees about any applicable Mr. DAVIS of Illinois. Mr. Speaker, I were not prepared for, and therefore re- discrimination and whistleblower protection thank the gentlewoman from Texas for sulted in a whole series of inhospitable laws and report to Congress and the Attorney yielding time to me. working conditions. So this legislation is good for the General on the number of discrimination and Mr. Speaker, I rise in strong support government because it creates an at- whistleblower cases within each agency. of what is being commonly called the Third, No FEAR recognizes Congress’ intent mosphere where we can do our max- No FEAR Act. I want to commend the that such legislation is necessary but should imum best work, and work collectively gentleman from Wisconsin (Chairman not otherwise limit the ability of federal em- together without discrimination. SENSENBRENNER) and the gentlewoman ployees to exercise other rights available to Mr. Speaker, I ask my colleagues to from Texas (Ms. JACKSON-LEE) for their them under federal law. enthusiastically support H.R. 165, the hard work, diligence, and tenacity in Finally, No FEAR requires each federal No FEAR Act. pursuing this legislation to get it to agency to send an annual report to Congress Mr. Speaker, I yield back the balance the floor today. They both have done listing, among other things: (a) The number of of my time. outstanding work, and I appreciate cases in which an agency was alleged to have Mr. SENSENBRENNER. Mr. Speak- their efforts. violated any of the discrimination and whistle- er, I yield myself the balance of my blower statues; (b) the disposition of each of Mr. Speaker, our goal should be to al- time. these cases; (c) the total of all monetary ways have in place the most open and Mr. Speaker, this bill is now reaching awards charged against the agency from responsive workplace that can be cre- its final legislative consideration, and these cases; and (d) the number of agency ated. This means that employees must when the Senate amendments are con- employees disciplined for discrimination or feel free, uninhibited, and able to oper- curred in, it will go to the White House harassment. ate without fear. They must be able to for the President’s signature. This The Senate Amendments added a new sec- operate knowing that should they re- shows that our system of representa- tion expressing the sense of the Congress that veal information, that should they tive government works. agencies should not use a reduction in force bring to the surface what they have All too often we hear complaints that or furloughs as a means of funding a reim- seen, and should they report what they elected officials never listen, or, ‘‘My bursement under the Act. This amendment know, that there will be no reprisals, speaking out does not make any dif- also ensures that managers have adequate there will be no retaliation, and there ference.’’ I think this bill shows that training in the management of a diverse work- will be nothing that anybody will ever elected officials do listen, and a few force and in communication skills. be able to do that will cause them people speaking out when they have The Senate amendment also strengthens grief. right on their side can bring about a the bill’s reporting requirements specifying that I think the day is great because it change in the laws of the United States the reports must be sent to the Government means that the Federal Government is of America, which I hope will have a Affairs Committee, the House Governmental exercising the kind of leadership that far-reaching impact in preventing dis- Reform Committee and other committees of we ought to provide. The Federal Gov- crimination and retaliation within the jurisdiction; requiring agencies to report on ernment should be the barometer, the Federal workforce. their policies relating to disciplining employees leader in causing our country to func- If it were not for the work of Dr. who commit prohibited personnel practices re- tion a certain way. I have always been Marsha Coleman-Abebayo and the vealed in the investigation of a discrimination told that you cannot lead where you do NAACP Federal Workforce Task Force, complaint. not go. So if we expect the private sec- I do not think that the Congress could Finally, The Senate amendment requires tor to come on line, then it is only apt ever have known about how bad the GAO to study the methods that could be used that the Federal Government lead the situation was in the EPA. But they did by the DOJ to determine its costs of defending way, lead the way in tolerance, non- speak out, they did present a con- each discrimination and whistleblower case, discrimination, and no retaliation vincing case. They convinced both the and the extent of any administrative burden against those who would exercise the Committee on Science in the last Con- that making such determination would entail. right to be responsible. gress and the Committee on the Judici- In all, No FEAR makes our agencies more So again, Mr. Speaker, I commend ary in this Congress, as well as this accountable by creating incentives for them to the gentleman from Wisconsin (Chair- House and the other body, that we monitor themselves. man SENSENBRENNER) and the gentle- needed to change the law to try to Mr. Speaker, we have come a long way to- woman from Texas (Ms. JACKSON-LEE) clean up some of these abusive prac- wards eliminating the culture of discrimination for their leadership on this issue, and tices. and harassment that exists in our federal urge strong support. I look forward to I hope that this legislation will go a workplace. As Members of Congress, we must its passage. long way to doing this by making the H1696 CONGRESSIONAL RECORD — HOUSE April 30, 2002 agency financially accountable for set- The SPEAKER pro tempore (Mr. near the Park upon real property of the United tlements and judgments caused by the CULBERSON). The question is on the mo- States. misdeeds of their supervisors. The sys- tion offered by the gentleman from (b) LIMITATION ON USE OF FUNDS.—Payments made by the Secretary under this section may tem does work, Mr. Speaker. Wisconsin (Mr. SENSENBRENNER) that Ms. JACKSON-LEE of Texas. Will the not be used for new construction, construction the House suspend the rules and concur contracts, or major capital improvements, and gentleman yield? in the Senate amendments to the bill, may be used only to pay public employees for Mr. SENSENBRENNER. I yield to H.R. 169. services otherwise authorized by this Act. the gentlewoman from Texas. The question was taken. (c) LIMITATION ON AMOUNT OF FUNDS.—Pay- Ms. JACKSON-LEE of Texas. Mr. The SPEAKER pro tempore. In the ments made under this section shall not exceed Speaker, I thank the gentleman for opinion of the Chair, two-thirds of the lesser of $750,000 in any fiscal year or the yielding to me. those present have voted in the affirm- amount necessary to provide students described in subsection (a) with educational services that I just wanted to add my appreciation ative. to the NAACP and to all of the employ- are normally provided and generally available Mr. SENSENBRENNER. Mr. Speak- ees and the task force, and particularly to students who attend public schools elsewhere er, on that, I demand the yeas and acknowledge Mr. Kweisi Mfume, who in the State of California. nays. (d) ADJUSTMENT OF PAYMENTS.—Subject to was one of our witnesses, for his leader- The yeas and nays were ordered. subsection (c), the Secretary is authorized to ad- ship and interest on this issue. I want The SPEAKER pro tempore. Pursu- just payments made under this section if the to express my appreciation to all who ant to clause 8 of rule XX and the State of California or the appropriate local edu- were engaged in helping with this legis- Chair’s prior announcement, further cational agencies do not continue to provide lation. funding for educational services at Park schools Mrs. MORELLA. Mr. Speaker, I rise today in proceedings on this motion will be at per student levels that are equivalent to or strong support of H.R. 169, the NO FEAR leg- postponed. greater than those provided in the fiscal year islation. This bill provides essential help to f prior to the date of enactment of this Act. whistleblowers and those that suffer discrimi- (e) SOURCE OF PAYMENTS.— b 1430 (1) AUTHORIZED SOURCES.—Except as provided nation, and it penalizes agencies that attempt in paragraph (2), in order to make payments to practice discrimination or punish whistle- YOSEMITE NATIONAL PARK under this section, the Secretary may use funds blowers. Under current law, most judgments or EDUCATION IMPROVEMENT ACT available to the National Park Service from ap- awards against the federal government, in- Mr. RADANOVICH. Mr. Speaker, I propriations, donations, or fees. cluding federal agencies, are paid out of a (2) EXCEPTIONS.—Funds from the following move to suspend the rules and pass the sources may not be used to make payments general judgment fund and are not attributed bill (H.R. 3421) to provide adequate to, or accounted for, by the agency respon- under this section: school facilities within Yosemite Na- (A) Fees authorized and collected under the sible for the claim. This bill requires federal tional Park, and for other purposes, as Land and Water Conservation Fund Act of 1965 agencies to reimburse the government’s judg- amended. (16 U.S.C. 460l–4 et seq.). ment fund for amounts paid out in response to The Clerk read as follows: (B) The recreational fee demonstration pro- a court settlement, award or judgment against gram under section 315 of the Department of the an agency in a discrimination or whistleblower H.R. 3421 Interior and Related Agencies Appropriations protection lawsuit. Hopefully, by making agen- Be it enacted by the Senate and House of Rep- Act, 1996 (as contained in section 101(c) of Pub- cies responsible for their actions, we can fur- resentatives of the United States of America in lic Law 104–134; 16 U.S.C. 460l–6a note). ther decrease the reprehensible practice of Congress assembled, (C) The national park passport program es- SECTION 1. SHORT TITLE. tablished under section 602 of the National discrimination and the needless punishing of Parks Omnibus Management Act of 1998 (16 whistleblowers. This Act may be cited as the ‘‘Yosemite Na- tional Park Education Improvement Act’’. U.S.C. 5992). This bill has several other important provi- (D) Emergency appropriations for Yosemite SEC. 2. FINDINGS AND PURPOSE. sions which my colleague from Wisconsin has flood recovery. (a) FINDINGS.—Congress finds the following: mentioned and so I would just like to take this (f) DEFINITIONS.—For the purposes of this Act, (1) The three elementary schools serving the the following definitions apply: opportunity to point out and recognize two in- children of employees of Yosemite National Park dividuals, Dr. Marsha Coleman-Adebayo and (1) LOCAL EDUCATIONAL AGENCIES.—The term are served by the Bass Lake Joint Union Ele- ‘‘local educational agencies’’ has the meaning Mr. Leroy Warren, Jr. Both of these individuals mentary School District and the Mariposa Uni- live in my district, Montgomery County, Mary- given that term in section 9101(26) of the Ele- fied School District. mentary and Secondary Education Act of 1965. (2) The schools are in remote mountainous land and played an instrumental role in help- (2) EDUCATIONAL SERVICES.—The term ‘‘edu- ing this legislation come to the floor today. areas and long distances from other educational cational services’’ means services that may in- Mr. Warren is Chairman of the NAACP Fed- and administrative facilities of the two local clude maintenance and minor upgrades of facili- eral Sector Task Force and was asked to in- educational agencies. ties and transportation to and from school. (3) Because of their remote locations and rel- vestigate and address the ever-growing num- (3) PARK.—The term ‘‘Park’’ means Yosemite atively small number of students, schools serv- National Park. ber of complaints of discrimination within the ing the children of employees of the Park pro- federal government. Mr. Warren’s task force (4) SECRETARY.—The term ‘‘Secretary’’ means vide fewer services in more basic facilities than the Secretary of the Interior. did an admirable job in bringing to light much the educational services and facilities provided of the discrimination that federal employees to students that attend other schools served by The SPEAKER pro tempore (Mr. faced. the two local educational agencies. CULBERSON). Pursuant to the rule, the Dr. Coleman-Adebayo has become well (4) Because of the long distances involved and gentleman from California (Mr. RADAN- known for her courageous fight against dis- adverse weather and road conditions that occur OVICH) and the gentlewoman from the crimination by the EPA. during much of the school year, it is impractical Virgin Islands (Mrs. CHRISTENSEN) each She is someone who suffered terribly from for the children of employees of the Park who will control 20 minutes. her battle but persevered and won her case live within or near the Park to attend other The Chair recognizes the gentleman schools served by the two local educational from California (Mr. RADANOVICH). against the EPA. She has testified in front of agencies. Mr. RADANOVICH. Mr. Speaker, I both the Science and Judiciary Committees to (b) PURPOSE.—The purpose of this Act is to alert all of us to the seriousness of what tran- authorize the Secretary of the Interior to pro- yield myself such time as I may con- spired in her case. And now, hopefully, be- vide supplemental funding and other services sume. cause of the NO FEAR bill, the first civil rights that are necessary to assist the State of Cali- Mr. Speaker, H.R. 3421, which I intro- bill of the 21st Century, victims of racial, sex- fornia or local educational agencies in Cali- duced, would authorize the Secretary ual, and hostile work environments, and whis- fornia in providing educational services for stu- of the Interior to provide supplemental tleblowers, will not have to suffer the pain and dents attending schools located within the Park. funding and other services necessary to abuse that Dr. Coleman-Adebayo endured. Let SEC. 3. PAYMENTS FOR EDUCATIONAL SERVICES. assist local school districts in pro- us hope instead that H.R. 169 will push fed- (a) AUTHORITY TO PROVIDE FUNDS.—For fis- viding educational services for stu- cal years 2003 through 2007, the Secretary may eral agencies to spend their time devising ef- dents attending three schools located provide funds to the Bass Lake Joint Union Ele- within Yosemite National Park. fective plans to address all forms of discrimi- mentary School District and the Mariposa Uni- nation in the workplace. fied School District for educational services to The three schools in question are Yo- I urge my colleagues to support this bill. students who are dependents of persons engaged semite Valley, which serves 46 students Mr. SENSENBRENNER. Mr. Speak- in the administration, operation, and mainte- in K through eighth grades; El Portel er, I yield back the balance of my time. nance of the Park or students who live at or Elementary, which serves 50 students April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1697 in seven grades; and Wawona Elemen- guished colleague and chairman, the H.R. 3909 tary, which serves 20 students in grades gentleman from California (Mr. RADAN- Be it enacted by the Senate and House of Rep- K through 8 with only one teacher. OVICH), authorizes the National Park resentatives of the United States of America in All three schools represent those one- Service to provide funds and services to Congress assembled, room schools of yesteryear. supplement the educational services SECTION 1. SHORT TITLE. Mr. Speaker, California schools are and facilities provided to the children This Act may be cited as the ‘‘Gunn McKay Nature Preserve Act’’. unique in that operating funds for of Yosemite National Park employees schools are based on an average daily SEC. 2. DEFINITIONS. and the park concessionaire at three For the purposes of this Act: attendance. Since the devastating 1997 small local schools located within the (1) PRESERVE.—The term ‘‘Preserve’’ Merced River flood, there has been a park. means the Gunn McKay Nature Preserve as dramatic reduction in the number of The legislation provides a very so designated by section 3(a). park employees and thus fewer school unique arrangement for funding local (2) SECRETARY.—The term ‘‘Secretary’’ children attending these schools. With schools. As such, a number of issues means the Secretary of Agriculture. fewer and fewer children attending and problems with the bill as you have SEC. 3. NATURE PRESERVE. these schools, fewer State dollars are heard were raised during a December (a) DESIGNATION.—The approximately 15 committed. The result is that the su- 2001 hearing on this bill. In fact, while acres of National Forest System land gen- erally depicted on the map entitled ‘‘Pro- perintendent for Yosemite National the National Park Service expressed posed Gunn McKay Nature Preserve’’ and Park and the concessionaire serving sympathy with the purpose of the bill, dated March 2002, are hereby designated as park visitors are attracting less than they, on behalf of the administration, the ‘‘Gunn McKay Nature Preserve’’. qualified candidates to work in the initially opposed the measure. I appre- (b) MANAGEMENT.— park because families are not provided ciate the willingness of the gentleman (1) MANAGEMENT PLAN.—Not later than 120 with adequate schools. from California (Mr. RADANOVICH) to days after the date of the enactment of this Meanwhile, while the Federal fund- make a number of changes requested Act, the Secretary, in consultation with the ing sources such as Impact Aid and City of Huntsville, Utah, and the Gunn by the minority, including deleting the McKay Nature Preserve Foundation, Inc., a PILT, which is Payment In Lieu of use of entrance and user fees to pay for nonprofit corporation, shall develop a man- Taxes, are made available to Mariposa the program, limiting funds to oper- agement plan for the Preserve. and Madera Counties where these ations and services, and eliminating (2) COOPERATIVE AGREEMENT.—The Sec- schools exist and through which money the authority of the Secretary to as- retary is authorized to enter into a coopera- is distributed, the reality is very few sume operation of the schools. There tive agreement with the Gunn McKay Nature dollars are actually used to fund these were also negotiations with the Com- Preserve Foundation, Inc. for the manage- classrooms. In light of these realities, I mittee on Education and the Workforce ment of the Preserve. was able to secure special funding in (c) WITHDRAWAL.—Subject to valid existing which shares jurisdiction on this mat- rights, the Preserve is hereby withdrawn the amount of $111,000 in FY 2002 Inte- ter with the Committee on Resources. from all forms of location, entry, and patent rior appropriations bills for these As the result of those negotiations, under the public land laws, and the mining schools. However, going to the appro- the bill was further amended to include and mineral leasing laws of the United priators every fall for this critical as- among other things a limit on the au- States, including geothermal. sistance is not the most productive ap- thorization of funds to 5 years and a The SPEAKER pro tempore. Pursu- proach. cap on the funds of the lesser of $750,000 ant to the rule, the gentleman from Therefore, for the reasons I have out- or the amount necessary to provide Utah (Mr. HANSEN) and the gentle- lined, the solution before the House students with normal educational serv- woman from the Virgin Islands (Mrs. today is the best long-term approach to ices. CHRISTENSEN) each will control 20 min- this problem. Mr. Speaker, as I noted earlier, this utes. Mr. Speaker, during subcommittee legislation provides a unique arrange- The Chair recognizes the gentleman and committee considerations, I made ment for funding what should be a from Utah (Mr. HANSEN). a number of changes to H.R. 3421 that local responsibility. However, with the Mr. HANSEN. Mr. Speaker, I yield address issues raised by the adminis- changes that have been made to the myself such time as I may consume. tration, members of the Committee on bill, I have no objection to its consider- Mr. Speaker, H.R. 3909 would des- Resources, and the Committee on Edu- ation and passage today. ignate approximately 15 acres of Forest cation and the Workforce. For exam- Mr. Speaker, I have no further re- Service land in the State of Utah as ple, the bill makes clear that funds quests for time, and I yield back the the Gunn McKay Nature Preserve in made available by the Secretary under balance of my time. honor of my predecessor, who served in H.R. 3421 will not go towards new con- Mr. RADANOVICH. Mr. Speaker, I this body from 1971 to 1981. Gunn struction, construction contracts or have no further requests for time, and passed away October of 2000. major capital improvements, and thus I yield back the balance of my time. Several years ago, residents of would be limited to general upkeep, The SPEAKER pro tempore. The Huntsville, Utah, learned that the U.S. maintenance, and classroom teaching. question is on the motion offered by Forest Service was planning to build a I do not think that we should stand by the gentleman from California (Mr. helicopter landing area. The site near and permit children of the Park Serv- RADANOVICH) that the House suspend the city limits was to have been on un- ice and concessionaire employees from the rules and pass the bill, H.R. 3421, as developed Federal lands and used to fa- being deprived of their education sim- amended. cilitate fighting wildfires in the sur- ply because their parents have chosen The question was taken; and (two- rounding forests. to work in Yosemite National Park. thirds having voted in favor thereof) Huntsville residents became con- Mr. Speaker, H.R. 3421 as amended is the rules were suspended and the bill, cerned about helicopters landing and supported by the administration and as amended, was passed. taking off in such close proximity in the minority and majority of the Com- A motion to reconsider was laid on their neighborhoods. They proposed to mittee on Resources. I urge my col- the table. the Forest Service that this open space leagues to support H.R. 3421, as amend- instead be designated as a nature pre- ed. f serve. A non-profit organization was Mr. Speaker, I reserve the balance of formed and the Forest Service agreed GUNN McKAY NATURE PRESERVE my time. with the residents’ proposal. Mrs. CHRISTENSEN. Mr. Speaker, I ACT In addition to designating 15 acres as yield myself such time as I might con- Mr. HANSEN. Mr. Speaker, I move to the nature preserve, this bill author- sume. suspend the rules and pass the bill izes the Forest Service to work with (Mrs. CHRISTENSEN asked and was (H.R. 3909) to designate certain Federal the city of Huntsville and the Gunn given permission to revise and extend lands in the State of Utah as the Gunn McKay Nature Preserve Foundation to her remarks.) McKay Nature Preserve, and for other develop a management plan. Mrs. CHRISTENSEN. Mr. Speaker, purposes. The preserve would be managed by H.R. 3421, sponsored by my distin- The Clerk read as follows: the U.S. Forest Service in cooperation H1698 CONGRESSIONAL RECORD — HOUSE April 30, 2002 with the Gunn McKay Nature Preserve man, and a chief of staff for Utah Gov- a Federal Capital as the seat of Government Foundation. This area will not only ernor Cal Rampton. of the new Republic; serve as a buffer between the residen- Although he told the Democratic Whereas President George Washington, tial area of Huntsville and nearby leader, ‘‘I do not want to run for Con- acting under the authority of the Residence gress; I have nine kids and a mort- Act, selected the present site of the District Pineview Reservoir, but it will also of Columbia as the new Federal Capital and stand as a fitting tribute to a man gage,’’ run he did. A few terms later he seat of government; whose commitment to Utah’s First was the senior member of Utah’s con- Whereas President Washington, aided by Congressional District and preserva- gressional delegation, a member of the then Secretary of State Thomas Jefferson, tion of Utah’s natural beauty was out- House Committee on Appropriations, took personal charge of the plans for the de- standing. When visitors go to the pre- and a champion for the people of his velopment of the new seat of government; serve to contemplate the solitude, hike district. Whereas President Washington decided on the trails or just enjoy nature, they Congressman McKay was a true pub- that the public buildings of the new capital will also pass by a plaque in the en- lic servant. He was quoted in one news- city should be faced in stone so that these buildings would equal or exceed in beauty trance summarizing Gunn’s life and paper article a few years ago saying, ‘‘The greatest satisfaction was helping the buildings of the established capitals of many accomplishments. Europe and promote permanence and maj- Just as the preserve will be managed people who needed an advocate.’’ esty on the Potomac; in perpetuity, so will Gunn’s memory This refuge will not only serve as a Whereas President Washington, a boyhood live on. lasting memorial to the work and dedi- resident of Stafford County, Virginia, rec- I urge my colleagues to support H.R. cation of Congressman McKay, it is ommended that the freestone quarries on 3909. also a testament to the statesmanship Aquia Creek in Stafford County be purchased Mr. Speaker, I reserve the balance of of the chairman, the gentleman from by the Commissioners of Public Buildings as my time. Utah (Mr. HANSEN). Too often in poli- stone quarries for the public buildings of the Mrs. CHRISTENSEN. Mr. Speaker, I tics we get caught up in petty political District of Columbia, a recommendation yield myself such time as I might con- squabbles. We lose sight of the bigger acted on by Pierre L’Enfant, the planner of the new capital city; sume. picture, of getting important work (Mrs. CHRISTENSEN asked and was Whereas the new quarries, later named done for the good of our constituents. Government Island, became the major source given permission to revise and extend The passage of this bill shows that the of building stone for the Capitol, the White her remarks.) chairman has not lost sight of the goal. House, and numerous other public buildings Mrs. CHRISTENSEN. Mr. Speaker, I He is a true gentleman of the House, in the District of Columbia; am pleased to join my chairman in sup- and he spent the last 20 years rep- Whereas there exists substantial evidence port of H.R. 3909, the Gunn McKay Na- resenting the State of Utah with the of 18th and 19th century stone cutting and ture Preserve Act, which was intro- class and dignity that is true to the quarrying techniques on Government Island, and this physical evidence sheds light on a duced by the chairman of the Com- people who have elected him. mittee on Resources, the gentleman valuable and informative chapter in the de- Mrs. CHRISTENSEN. Mr. Speaker, I velopment of the United States Capital; and from Utah (Mr. HANSEN), in honor of reserve the balance of my time. Whereas the Board of Supervisors and resi- former Congressman Gunn McKay. Mr. HANSEN. Mr. Speaker, I yield dents of Stafford County, Virginia, have un- Congressman McKay represented myself such time as I may consume. dertaken action to preserve Government Is- Utah’s First Congressional District Mr. Speaker, I thank the gentleman land for posterity and to make it available from 1971 until 1980 when he was de- for his kind remarks. I also thank my for the education and enlightenment of the feated by the gentleman from Utah colleague, the gentlewoman from the public: Now, therefore, be it (Mr. HANSEN). The bill would designate Virgin Islands (Mrs. CHRISTENSEN), on Resolved, That the House of 15 acres of land near Huntsville, Utah, this piece of legislation. Representatives— as the Gunn McKay Nature Preserve. Mrs. CHRISTENSEN. Mr. Speaker, I (1) recognizes the national historical sig- The land is presently managed by the nificance of the Aquia sandstone quarries of have no further requests for time, and Government Island in Stafford County, Vir- Forest Service for recreational pur- I yield back the balance of my time. ginia, for their substantial contribution to poses. The Secretary of Agriculture in Mr. HANSEN. Mr. Speaker, I have no the construction of the new Capital of the consultation with the city of Hunts- further requests for time, and I yield United States under the direction of Presi- ville, Utah, and the Gunn McKay Na- back the balance of my time. dent George Washington; and ture Preserve Foundation would de- The SPEAKER pro tempore. The (2) commends the Board of Supervisors and velop the plan for the preserve. No new question is on the motion offered by residents of Stafford County, Virginia, for mining claims would be permitted the gentleman from Utah (Mr. HANSEN) their efforts to preserve Government Island within the area. that the House suspend the rules and and to make it available for visitation by the public. This bill honors Congressman pass the bill, H.R. 3909. McKay, who died last year. I urge the The question was taken; and (two- The SPEAKER pro tempore. Pursu- adoption of the bill. thirds having voted in favor thereof) ant to the rule, the gentleman from Mr. Speaker, I yield such time as he the rules were suspended and the bill Utah (Mr. HANSEN) and the gentle- might consume to the gentleman from was passed. woman from the Virgin Islands (Mrs. Utah (Mr. MATHESON). A motion to reconsider was laid on CHRISTENSEN) each will control 20 min- Mr. MATHESON. Mr. Speaker, I rise the table. utes. today to give my support to this legis- f The Chair recognizes the gentleman lation. from Utah (Mr. HANSEN). When we talk about public land in RECOGNIZING THE HISTORICAL Mr. HANSEN. Mr. Speaker, I yield Utah, we are used to speaking in terms SIGNIFICANCE OF THE AQUIA myself such time as I may consume. of 100,000 acres or million-acre parcels. SANDSTONE QUARRIES OF STAF- Mr. Speaker, H.R. 261, introduced by We speak in terms of mountain ranges, FORD COUNTY, VIRGINIA TO the gentlewoman from Virginia (Mrs. entire deserts, and swaths of forests. CONSTRUCTION OF CAPITAL OF JO ANN DAVIS), would recognize the But today, we are giving our blessing THE UNITED STATES historical significance of the Aquia to the setting aside of a relatively Mr. HANSEN. Mr. Speaker, I move to sandstone quarries of Government Is- small but immensely beautiful and im- suspend the rules and agree to the reso- land in Stafford County, Virginia, for portant piece of land. lution (H. Res. 261) recognizing the his- their contribution for the construction The creation of the Gunn McKay Na- torical significance of the Aquia sand- of our Nation’s Capital city. ture Preserve would protect 15 acres of stone quarries of Government Island in The stone, selected by our first Presi- forest land in Huntsville, Utah. Mr. Stafford County, Virginia, for their dent, George Washington, was used to Speaker, Gunn McKay was a devoted contributions to the construction of build the Capitol, the White House, and member of the Utah delegation, and he the Capital of the United States. numerous other Federal buildings in served our State with honor and dig- The Clerk read as follows: the District of Columbia. nity from 1971 to 1981. H. RES. 261 This stone was wisely selected by our He was a Coast Guard veteran, a Whereas the First Congress passed the Res- first President in an effort to ensure school teacher, a successful business- idence Act authorizing the establishment of that this Nation’s Capital would be April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1699 every bit as elegant and stately as the pendence and an enduring revolution, A motion to reconsider was laid on capital cities of Europe. they sought to express permanency in the table. The resolution also recognized the their new-found freedom. Led by Vir- f great efforts of the residents of Staf- ginia native George Washington, Amer- ford County to protect Government Is- ica began to plan a city that would dig- AUTHORIZING STUDY OF VIRGINIA land and to safeguard the history sur- nify the grandeur of the new United KEY BEACH, FLORIDA, FOR POS- rounding this important contribution States of America. They chose the land SIBLE INCLUSION IN NATIONAL to our Nation’s Capital. situated geographically centered in the PARK SYSTEM I commend my colleague, the gentle- new Nation up the Potomac River and Mr. HANSEN. Mr. Speaker, I move to woman from Virginia (Mrs. JO ANN to the top of what was known as Jen- suspend the rules and pass the bill DAVIS), for her excellent efforts in in- kin’s Hill, a place Pierre Charles (H.R. 2109) to authorize the Secretary troducing this legislation. I urge my L’Enfant, the city’s planner called ‘‘a of the Interior to conduct a special re- colleagues to support its passage. pedestal waiting for a monument.’’ source study of Virginia Key Beach, Mr. Speaker, I reserve the balance of Florida, for possible inclusion in the my time. b 1445 National Park System, as amended. Mrs. CHRISTENSEN. Mr. Speaker, I I could not agree more. Our Capitol The Clerk read as follows: yield myself such time as I might con- has survived over 200 years, through H.R. 2109 sume. the War of 1812, the Civil War, and Be it enacted by the Senate and House of Rep- Mr. Speaker, this House Resolution more recently, the building was a sus- resentatives of the United States of America in recognizes, as you have heard, the his- pected target of the recent horrific ter- Congress assembled, torical significance of the Aquia sand- rorist attack on our country. This SECTION 1. STUDY AND REPORT. stone quarries of Government Island in building has grown and matured into (a) STUDY.—The Secretary of the Interior (in Stafford County, Virginia, for their the great symbol of America. The free- this Act referred to as ‘‘the Secretary’’) shall conduct a study of Virginia Key Beach Park in contributions to the construction of doms that we hold so dear and recent Biscayne Bay, Florida, which was used for the Capital of the United States and events have only hardened my deep recreation by African Americans at a time when commend the Stafford County commis- fondness for our Capitol and what it public beaches were racially segregated by law. sioners and local residents for their ef- represents. The study shall evaluate the national signifi- forts to preserve the quarries. Although little known, the north sec- cance of the site and the suitability and feasi- The stone from these particular quar- tion of the north wing of the Capitol bility of establishing the site as a unit of the Na- ries dates back to the late 17th century and the White House were constructed tional Park System. of Aquia sandstone quarried from Gov- (b) CRITERIA.—In conducting the study re- and was chosen by then President quired by subsection (a), the Secretary shall use George Washington for use at Mt. ernment Island and along the Aquia the criteria for the study of areas for potential Vernon as well as the construction of Creek in Stafford County, Virginia; an- inclusion in the National Park System con- the U.S. Capitol, the White House, the other proud Virginia contribution. tained in section 8 of Public Law 91–383 (16 original Treasury building, the Patent Stafford County’s board of super- U.S.C. 1a–5; popularly known as the National office, and the earliest locks and visors, County Administrator C.M. Wil- Park System General Authorities Act). bridges of the C&O Canal. liams, county historian Jane Conner, (c) REPORT.—Upon completion of the study, Over time, the quarries were ex- and the county’s citizens should be the Secretary shall transmit to the Congress a commended for making the preserva- report on the findings of the study and the con- hausted and the site has since been clusions and recommendations of the Secretary. through a number of private hands and tion of this island a priority. Their The SPEAKER pro tempore. Pursu- has entered in and out of public owner- good work will ensure that this area is ant to the rule, the gentleman from ship. preserved for future generations to ex- Utah (Mr. HANSEN) and the gentle- We support this resolution com- plore and enjoy. woman from the Virgin Islands (Mrs. mending the local community for their I ask my colleagues to join me today CHRISTENSEN) each will control 20 min- latest efforts to preserve this inter- in support of this resolution to honor utes. the enduring construction of this build- esting area. The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of ing, the cornerstone of our democracy, from Utah (Mr. HANSEN). my time. and all that it represents. Mr. HANSEN. Mr. Speaker, I yield Mr. HANSEN. Mr. Speaker, I yield as I would like to thank the entire Vir- myself such time as I may consume. much time as she may consume to the ginia delegation for cosponsoring this H.R. 2109, introduced by the gentle- gentlewoman from Virginia (Mrs. JO House resolution commemorating the woman from Florida (Mrs. MEEK) ANN DAVIS), the author of this legisla- United States Capitol and the White would authorize the Secretary of the tion. House, highlighting their humble Vir- Interior to conduct a resource study of (Mrs. JO ANN DAVIS asked and was ginia beginnings. Additionally, I would Virginia Key Beach Park in Miami, given permission to revise and extend like to thank the Committee on Re- Florida, to determine the suitability her remarks.) sources chairman, the gentleman from and feasibility of including this site as Mrs. JO ANN DAVIS of Virginia. Mr. Utah (Mr. HANSEN) and the gentleman a unit of the National Park System. Speaker, I thank the chairman for from West Virginia (Mr. RAHALL), the Virginia Key Beach Park, located yielding me time. ranking member, and the Sub- just off the coast of Miami between Mr. Speaker, I am very proud of the committee on National Parks, Recre- Key Biscayne and Fisher Island, was many historically significant contribu- ation and Public Lands for moving this for decades the only beach in South tions the Commonwealth of Virginia important Virginia initiative. Florida where African Americans were has offered this great Nation. Virginia I again encourage my colleagues’ permitted during the days of segrega- has given America eight of its distin- support. tion. This beach was very significant in guished men to the Office of Presi- Mrs. CHRISTENSEN. Mr. Speaker, I the local community for its numerous dency, three of whom were born in the yield back the balance of my time. gatherings, which included baptisms first district that I represent, and Mr. HANSEN. Mr. Speaker, I have no and religious services, courtship and countless other elected officials, mili- further requests for time, and I yield honeymoons, organizational gath- tary heroes and active citizens to the back the balance of my time. erings, visiting celebrities and family cause of freedom and democracy. The SPEAKER pro tempore (Mr. recreation. Today, I rise to pay a specific tribute CULBERSON). The question is on the mo- However, in 1982 the city of Miami, to the Aquia quarries of Government tion offered by the gentleman from citing the high cost of maintaining and Island in Stafford, Virginia, for their Utah (Mr. HANSEN) that the House sus- operating the park, closed the beach. contributions to the construction of pend the rules and agree to the resolu- Since that time, the city of Miami has our Nation’s Capitol building and the tion, H. Res. 261. explored various options regarding White House, among many other The question was taken; and (two- ownership and the future of the beach, prominent structures. thirds having voted in favor thereof) although nothing has yet come to fru- As our forefathers struggled to create the rules were suspended and the reso- ition. Nevertheless, it is my under- a nation through a Declaration of Inde- lution was agreed to. standing that the local community H1700 CONGRESSIONAL RECORD — HOUSE April 30, 2002 continues to be very interested in the and the gentleman from West Virginia system, only 4 have been designated to fate of the park due in large measure (Mr. RAHALL), the ranking member of commemorate the civil rights era. We to its historical significance. the full Committee on Resources, the need to do more to recognize the civil This bill would authorize the Park gentleman from California (Mr. RADAN- rights era. It is important to remember Service to conduct a study to examine OVICH), the chairman, and the gentle- that segregation affected every aspect the possibility of including Virginia woman from the Virgin Islands (Mrs. of our lives, even our leisure time. Key Beach Park as a unit of the Na- CHRISTENSEN), the ranking member of In addition to representing an impor- tional Park Service. the subcommittee, and their respective tant part of the history of African Mr. Speaker, this legislation is sup- staffs for their assistance and coopera- Americans, it is also an exceptional ported by both majority and minority, tion. natural resource characterized by a and I urge my colleagues to support I also want to thank my delegation unique and sensitive natural environ- this bill. in south Florida, a bipartisan delega- ment. The beach is a part of an area Mr. Speaker, I reserve the balance of tion, for cosponsoring this bill. known as Virginia Key. It is a 1,000 my time. Mr. Speaker, Virginia Key Beach is a acre barrier island. There has been Mrs. CHRISTENSEN. Mr. Speaker, I historically important and environ- some limited development, but the is- yield myself such time as I may con- mentally significant place, worthy of land is non-residential and includes sume. being preserved and studied for its in- ponds and waterways, a tropical hard- (Mrs. CHRISTENSEN asked and was clusion in the National Park System. wood hammocks and a large wildlife given permission to revise and extend Virginia Key was the only beach in conservation area. her remarks.) Miami where African Americans could The Key is home to more than 25 spe- Mrs. CHRISTENSEN. Mr. Speaker, go to swim in the 1940s, 1950s and early cies of birds during the winter, while H.R. 2109, which was introduced by my 1960s. It was called ‘‘Virginia Key its shallow waters contain extensive friend and our colleague, the gentle- Beach at that time, a Dade County grass beds that support manatees, woman from Florida (Mrs. MEEK), Park for the exclusive use of Negros.’’ young sea turtles and many juvenile would authorize a special resource It opened on August 1, 1945. Until that fishes. The United States Army Corps study of the historic Virginia Key time, Miami’s beaches had been re- of Engineers, through their shoreline Beach Park located on Biscayne Bay in served for whites only. In those days of damage program, is currently restoring Florida. Virginia Key Beach derives its impor- segregation, Virginia Key Beach was the beach and native plants on the is- tance from its history more so than the only way blacks could legally enjoy lands. from its natural or recreational quali- the ocean in Dade County. Finally, let me note, thanking this ties, although there are those as well. Dade County created this park in re- committee and my colleagues, the It was the first beach in south Florida sponse to the efforts of the African chairman and the ranking member, to be opened to African Americans, and American community to integrate the Virginia Key Beach is an excellent lo- for many years it was the only beach beaches in Miami. cation and it is very accessible. Other The location of this beach was less available to us. Encompassing just 77 national attractions in south Florida, than ideal, Mr. Speaker. There was no acres, the beach was a popular rec- such as Everglades National Park, Big bridge, and the only way to get to it reational area for local African Amer- Cypress and Biscayne National Park, was by taking a boat from the Miami ican families, churches and other orga- have extraordinary resources, but they River. nizations, and as we have heard, it was are not readily accessible for individ- Despite these impediments, African a site of many important private and uals without personal transportation; Americans have made Virginia Key public events. Virginia Key Park is. There is a good At the hearing before the Sub- Beach a very thriving center for social Miami-Dade bus connection there, and committee on National Parks, Recre- and cultural activities. The beach be- it is further enhanced by a link to ation and Public Lands, the National came a cherished getaway, a social south Florida’s rail system. Park Service testified in support of a gathering place and even a sacred site Mr. Speaker, Virginia Key Beach oc- park study of this important area. for religious services. cupies a special place in the heart of It is important that we look for ways I attended many baptisms at Virginia all of us from south Florida. It is a to commemorate and preserve not only Key Beach. The beach was the site for wonderful reminder of the struggle of the history of this site but also the many baptisms, courtships, honey- African Americans for civil rights and natural and recreational qualities as moons, organizational gatherings, vis- social justice. well. iting celebrities and family recreation. Inclusion in the National Park Sys- I want to commend the sponsor, the Even after integration granted every- tem would help ensure that Virginia gentlewoman from Florida (Mrs. one a free choice of recreation areas, Key Beach is preserved and protected MEEK), for her leadership on H.R. 2109. Virginia Key Beach remained the pop- for future generations. A special re- I am pleased to support this study leg- ular preference for many in the African source study is the first step. islation, and I urge my colleagues to do American community. This committee has taken the first likewise. Mr. Speaker, this legislation is near step to bring this to the floor. I urge Mr. Speaker, it is my pleasure to and dear to my heart because I know my colleagues to support this impor- yield such time as she may consume to the long way we have come because I tant legislation. the gentlewoman from Florida (Mrs. used this park frequently myself and Mr. HASTINGS of Florida. Mr. Speaker, I MEEK). brought my children there when they come before you today to encourage my col- (Mrs. MEEK of Florida asked and was were young. The fact that I am a Con- leagues to support H.R. 2109, a bill which given permission to revise and extend gresswoman today shows how much so- would authorize the Secretary of the Interior to her remarks.) ciety has changed in the intervening conduct a special resource study of historic Mrs. MEEK of Florida. Mr. Speaker, I years. Virginia Key Beach, FL, for the inclusion into want to thank the gentlewoman from Virginia Key Beach is a national the National Park System. Mr. Speaker, I am the Virgin Islands (Mrs. CHRISTENSEN), treasure that stands as a monument to proud to support a very important bill which and I want to thank the gentleman America’s journey toward racial equal- will allow Congress to preserve and protect from California (Mr. RADANOVICH). ity. As a reminder of our national her- this beautiful beach site area. I rise with great pride, Mr. Speaker, itage, Virginia Key Beach symbolizes This legislation allows for the beautiful palm- and in strong support of H.R. 2109, my the struggle of African Americans in studded old Florida beach located on a 1,000- bill to authorize the Secretary of the the 20th century during racial segrega- acre barrier island, one of Miami’s real treas- Interior to conduct a special resource tion in the South and the onset of the ures, to be recognized as a National Park. Mi- study of Virginia Key Beach in Miami, civil rights movement. ami’s historical Virginia Key Beach has been Florida, for its possible inclusion in the Mr. Speaker, there are very few sites one of Florida’s most beautiful and unique National Park System. in the National Park System that rec- areas since 1896. When I was growing up, I want to again thank the gentleman ognizes the struggle for civil rights. Virginia Key was at one time one of Miami’s from Utah (Mr. HANSEN), the chairman, Out of 385 units currently in the park most popular beaches for African-Americans April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1701 to enjoy. With its scant four-tenths of a mile of (1) has an assemblage of natural, historic, northwest Alabama has played an inte- actual shoreline, the park was the only bathing and cultural resources that together rep- gral part in shaping many aspects of beach in the county legally available to Afri- resent distinctive aspects of American herit- Alabama and southern culture. age worthy of recognition, conservation, in- can-Americans. terpretation, and continuing use, and are b 1500 Mr. Speaker, this bill does not add to the best managed through partnerships among national debt, therefore I urge my colleagues It is the birthplace of Helen Keller, public and private entities and by combining setting for Henry Ford’s utopian 75- to realize there is no need to oppose it for diverse and sometimes noncontiguous re- economic reasons. This bill does not change sources and active communities; Mile City, which inspired Frank Lloyd any of the requirements for the inclusion proc- (2) reflects traditions, customs, beliefs, and Wright’s Broadacre City, a number of ess for national parks. All this bill calls for is folklife that are a valuable part of the na- Victorian arts and crafts residences, the recognition of the 77-acre historic Virginia tional story; and plays host to the annual music fes- (3) provides outstanding opportunities to tival named for blues musician W. C. Key Beach site in Miami, FL. Passing this bill conserve natural, historic, cultural, or scenic Handy. It is also the home of the Ten- would be a reasonable and responsible ap- features; nessee Valley Authority, the first piece proach in recognizing the significant value of (4) provides outstanding recreational and of the New Deal legislation. A number this former ‘‘colored beach.’’ educational opportunities; Florida needs a place that is recognized for (5) contains resources important to the of historic trails also transverse the its historical significance, a place that can be identified theme or themes of the study area area, including the Natchez Trail and the Trail of Tears. enjoyed today for both recreational purposes that retain a degree of integrity capable of Mr. Speaker, H.R. 2628 is supported and so that people can learn about the history supporting interpretation; (6) includes residents, business interests, by both the majority and the minority of this extraordinary scenic recreational site nonprofit organizations, and local and State of the committee and the administra- that was once cherished as a ‘‘Paradise.’’ governments that are involved in the plan- tion. I urge my colleagues to support I respectfully ask that my colleagues in this ning, have developed a conceptual financial H.R. 2628. Congress vote in favor of H.R. 2109 which plan that outlines the roles of all partici- Mr. Speaker, I reserve the balance of pants (including the Federal Government), would induct historic Virginia Key Beach into my time. the National Park System. and have demonstrated support for the con- cept of a national heritage area; Mrs. CHRISTENSEN. Mr. Speaker, I Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may con- have no further requests for time, and (7) has a potential management entity to work in partnership with residents, business sume. I yield back the balance of my time. interests, nonprofit organizations, and local Mr. Speaker, H.R. 2628, introduced by Mr. HANSEN. Mr. Speaker, I yield and State governments to develop a national my colleague, the gentleman from Ala- back the balance of my time. heritage area consistent with continued bama (Mr. CRAMER), would direct the The SPEAKER pro tempore. The local and State economic activity; and Secretary of the Interior to do a Na- question is on the motion offered by (8) has a conceptual boundary map that is tional Heritage Area study of the Mus- supported by the public. the gentleman from Utah (Mr. HANSEN) cle Shoals area of northern Alabama. that the House suspend the rules and SEC. 3. BOUNDARIES OF THE STUDY AREA. The study area referred to in section 2 The Muscle Shoals area has a long his- pass the bill, H.R. 2109, as amended. tory of industry, transportation and The question was taken; and (two- shall be comprised of the following: (1) The part of the Tennessee River’s wa- music, among other things. thirds having voted in favor thereof) tershed in northern Alabama. When the Subcommittee on National the rules were suspended and the bill, (2) The cities of Florence, Sheffield, Parks, Recreation, and Public Lands as amended, was passed. Tuscumbia, and Muscle Shoals City, Ala- held a hearing on H.R. 2628 earlier this The title of the bill was amended so bama. year, the National Park Service testi- as to read: ‘‘A bill to authorize the Sec- (3) The towns of Anderson, Cherokee, fied in support of the study. Our other Courtland, Leighton, Lexington, Littleville, retary of the Interior to conduct a spe- witnesses, including the gentleman cial resource study of Virginia Key Red Bay, Rogersville, Russellville, Town Creek, and Waterloo, Alabama, and their en- from Alabama (Mr. CRAMER), also de- Beach Park in Biscayne Bay, Florida, tailed and expanded upon the history of for possible inclusion in the National virons. (4) Colbert, Lauderdale, Franklin, and the Muscle Shoals area for the sub- Park System.’’. Lawrence Counties, Alabama. committee. It is obvious that the com- A motion to reconsider was laid on (5) Other areas that have heritage aspects munities of the Muscle Shoals area the table. that are similar to those aspects that are in value their heritage and are looking for f the areas described in paragraphs (1) through ways to maintain and enhance the his- (4) and which are adjacent to or in the vicin- MUSCLE SHOALS NATIONAL ity of those areas. torical and natural resources of the HERITAGE AREA, ALABAMA SEC. 4. REPORT. area. Mr. HANSEN. Mr. Speaker, I move to Not later than 3 fiscal years after the date Mr. Speaker, H.R. 2628 is a good bill. suspend the rules and pass the bill on which funds are first made available for It is also noncontroversial. I support (H.R. 2628) to direct the Secretary of this Act, the Secretary of the Interior shall the passage of the legislation and urge submit to the Committee on Resources of its favorable consideration by the the Interior to conduct a study of the the House of Representatives and the Com- suitability and feasibility of estab- House today. mittee on Energy and Natural Resources of Mr. Speaker, I yield such time as he lishing the Muscle Shoals National the Senate a report on the findings, conclu- may consume to the gentleman from Heritage Area in Alabama, and for sions, and recommendations of the study. Alabama (Mr. CRAMER), the sponsor of other purposes. The SPEAKER pro tempore. Pursu- The Clerk read as follows: this measure. ant to the rule, the gentleman from Mr. CRAMER. Mr. Speaker, I want to H.R. 2628 Utah (Mr. HANSEN) and the gentle- thank the Committee on Resources and woman from the Virgin Islands (Mrs. Be it enacted by the Senate and House of Rep- the Subcommittee on National Parks, resentatives of the United States of America in CHRISTENSEN) each will control 20 min- Recreation, and Public Lands for mov- Congress assembled, utes. ing H.R. 2628, which is my bill, as well SECTION 1. SHORT TITLE. The Chair recognizes the gentleman as the chairman, the gentleman from This Act may be cited as the ‘‘Muscle from Utah (Mr. HANSEN). Shoals National Heritage Area Study Act of Mr. HANSEN. Mr. Speaker, I yield Utah (Mr. HANSEN), and the ranking 2001’’. myself such time as I may consume. member, the gentlewoman from the SEC. 2. STUDY. Mr. Speaker, H.R. 2628, introduced by Virgin Islands (Mrs. CHRISTENSEN), The Secretary of the Interior, in consulta- the gentleman from Alabama (Mr. very much for their consideration. tion with appropriate State historic preser- CRAMER) would direct the Secretary of Both the chairman and the ranking vation officers, States historical societies, the Interior to conduct a study to de- member have made reference to this and other appropriate organizations, shall termine the suitability and feasibility unique area of Alabama that has an ex- conduct a study regarding the suitability traordinary history. H.R. 2628 would and feasibility of designating the study area of establishing the Muscle Shoals Na- described in section 3 as the Muscle Shoals tional Heritage Area in northwest Ala- allow us to do a study to determine the National Heritage Area. The study shall in- bama. feasibility of collecting that history clude analysis, documentation, and deter- Mr. Speaker, the city of Muscle and naming our area a national herit- mination regarding whether the study area— Shoals and the surrounding area of age study area. It was passed by the H1702 CONGRESSIONAL RECORD — HOUSE April 30, 2002 committee itself by unanimous con- The Frank Lloyd Wright structures cy’s agenda, and the Agency shall seek to in- sent, so it is a very uncontroversial we have in this area all combine to crease the public’s understanding of environ- piece. give our area of Alabama a unique his- mental science and technology by making This area of northwest Alabama is tory which we think is deserving of those research results available to the pub- lic. adjacent to the State of Tennessee and this declaration as a National Heritage the State of Mississippi as well, so my SEC. 4. DEPUTY. Area study place. (a) APPOINTMENT.—The President shall ap- colleagues in the House, the gentleman I want to thank again the committee point, by and with the advice and consent of from Mississippi (Mr. WICKER) and the for giving us this opportunity, and I the Senate, a Deputy Administrator for gentleman from Alabama (Mr. urge my colleagues to pass this impor- Science and Technology, who shall coordi- ADERHOLT), both are cosponsors of this tant bill, H.R. 2628. nate and oversee the science and technology piece of legislation. Mr. HANSEN. Mr. Speaker, I yield activities of the Agency and ensure that As the chairman referred to and the back the balance of my time. Agency decisions are informed by the results ranking member referred to in their re- Mrs. CHRISTENSEN. Mr. Speaker, I of appropriate and relevant research. (b) RESPONSIBILITIES.—The Deputy shall— marks about H.R. 2628, this area of yield back the balance of my time. (1) provide advice to the Administrator re- northwest Alabama has an extraor- The SPEAKER pro tempore (Mr. garding science and technology issues and dinary history of involvement. Native CULBERSON). The question is on the mo- their relationship to Agency policies, proce- Americans were active in this par- tion offered by the gentleman from dures, and decisions; ticular area, and we have an Indian Utah (Mr. HANSEN) that the House sus- (2) participate in developing the Agency’s Mound Museum there that is one of the pend the rules and pass the bill, H.R. strategic plans and policies and review the most extraordinary museums in the 2628. science and technology aspects of those plans and policies; country. The question was taken; and (two- As we move on through history, the (3) coordinate the acquisition and compila- thirds having voted in favor thereof) tion of relevant science and technology in- Tennessee River has defined our area the rules were suspended and the bill formation available from academic sources, culturally as well as in terms of trans- was passed. government agencies, and the private sector; portation issues as well. In the early A motion to reconsider was laid on (4) develop and oversee guidelines for the 1920s, the Wilson Locks and Dam was the table. dissemination of research results conducted, built there even before TVA came into sponsored, or cited by the Agency to the pub- f existence. At the time it was the larg- lic, including historically black colleges and est lock and dam on the Tennessee GENERAL LEAVE universities, Hispanic-serving institutions, River and one of the largest dams in minority communities, and rural commu- Mr. HANSEN. Mr. Speaker, I ask nities; and the country as well. unanimous consent that all Members (5) develop and oversee guidelines for peer President Roosevelt visited that area may have 5 legislative days within review of science and technology research. and was so impressed by the potential which to revise and extend their re- (c) QUALIFICATIONS.—An individual ap- that he saw there that he was inspired marks and to include extraneous mate- pointed under subsection (a) shall be a per- to form the Tennessee Valley Author- rial on the five bills just considered, son who has an outstanding science and ity, which has given us a significant technology background, including research H.R. 3421, H.R. 3909, H. Res. 261, H.R. accomplishments, scientific reputation, and part of our prosperity there, not only 2109, and H.R. 2628. in the State of Alabama but in Ten- public policy experience. The SPEAKER pro tempore. Is there (d) CONSULTATION.—Before appointing an nessee and the entire region as well. objection to the request of the gen- individual under subsection (a), the Presi- But as the chairman referred to, we tleman from Utah? dent shall consult with the National Acad- are the home of the W. C. Handy Fes- There was no objection. emy of Sciences, the National Academy of tival. That is a blues festival. W. C. Engineering, the Science Advisory Board of Handy, unbeknownst to a lot of people f the Agency, and other appropriate scientific in the country, is the ‘‘Father of the STRENGTHENING SCIENCE AT THE organizations. blues.’’ He was born in Florence, Ala- (e) COMPENSATION.—The Deputy shall be ENVIRONMENTAL PROTECTION compensated at the rate provided for level bama, which is located in northwest AGENCY ACT III of the Executive Schedule pursuant to Alabama. This festival has existed for Mr. EHLERS. Mr. Speaker, I move to section 5314 of title 5, United States Code. 20 years and has brought thousands of suspend the rules and pass the bill (f) CONFORMING AMENDMENT.—Section 5314 music specialists from all over the of title 5, United States Code, is amended by (H.R. 64) to provide for the establish- country. adding at the end the following: ment of the position of Deputy Admin- We have a verbal history that is ‘‘Deputy Administrator for Science and istrator for Science and Technology of available in our area of the music tra- Technology of the Environmental Protection the Environmental Protection Agency, dition that is there. Now, the Muscle Agency.’’. and for other purposes, as amended. Shoals Studio was a recent era of SEC. 5. ASSISTANT ADMINISTRATOR FOR RE- The Clerk read as follows: SEARCH AND DEVELOPMENT. music that really was born out of the (a) TITLE AND TERM.—There shall be an As- H.R. 64 blues era. It is a sound recording studio sistant Administrator for Research and De- that has been used by many musicians Be it enacted by the Senate and House of Rep- velopment of the Agency, who shall also around the world. All of that kind of resentatives of the United States of America in have the title of Chief Scientist of the Agen- heritage was started back in the early Congress assembled, cy. Appointments to such position made 1920s and built on from there as well. SECTION 1. SHORT TITLE. after the date of the enactment of this Act So this feasibility study would give us This Act may be cited as the ‘‘Strength- shall be for a term of 5 years unless sooner ening Science at the Environmental Protec- removed by the President. the chance to catalogue a lot of that tion Agency Act’’. (b) QUALIFICATIONS.—An individual ap- information. SEC. 2. DEFINITIONS. pointed under subsection (a) shall be a per- Helen Keller was born in Tuscumbia, For purposes of this Act— son who has an outstanding science and Alabama. That is within 5 miles of this (1) the term ‘‘Administrator’’ means the technology background, including research Tennessee River, and within 10 miles of Administrator of the Agency; accomplishments, scientific reputation, and Florence, Alabama as well. Her home, (2) the term ‘‘Agency’’ means the Environ- experience in leading a research and develop- Ivy Green, was preserved as a museum. mental Protection Agency; ment organization. There is a Helen Keller Festival there (3) the term ‘‘Deputy’’ means the Deputy The SPEAKER pro tempore. Pursu- as well. A lot of Helen Keller relatives Administrator for Science and Technology ant to the rule, the gentleman from come back to that area to this par- appointed under section 4; and Michigan (Mr. EHLERS) and the gen- (4) the term ‘‘research’’ means research, tleman from Washington (Mr. BAIRD) ticular festival. development, and demonstration. Jesse Owens was born in Lawrence will each control 20 minutes. County, again, another 7 miles from SEC. 3. RESEARCH MISSION OF AGENCY. The Chair recognizes the gentleman Conducting, sponsoring, and evaluating en- from Michigan (Mr. EHLERS). the very center of the area we are talk- vironmental science and technology research ing about. There is a museum to cele- shall be a central mission of the Agency. The GENERAL LEAVE brate his contributions to American results of such research shall be used to help Mr. EHLERS. Mr. Speaker, I ask history there as well. initiate, formulate, and carry out the Agen- unanimous consent that all Members April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1703 may have 5 legislative days within Research and Development to a set The chairman has done a great job of which to revise and extend their re- term and give that position the title of describing the bill. I would like to marks and include extraneous mate- Chief Scientist for the Agency. make just a few additional points. H.R. rials on H.R. 64, the bill now under con- The Deputy Administrator position 64 will ensure that science plays its sideration. will bring a much-needed change to the proper role at the EPA, providing the The SPEAKER pro tempore. Is there culture of the EPA and ensure that basis for sound regulations that do not objection to the request of the gen- science has a higher profile in the unduly impede economic development tleman from Michigan? Agency’s decision-making process. This while protecting our environment. There was no objection. person would not only be accountable The bill creates the new position of Mr. EHLERS. Mr. Speaker, I yield to the administrator for improving and Deputy Administrator for Science and myself such time as I may consume. overseeing science at the Agency, but Technology. It also makes the Assist- Mr. Speaker, today I rise in support would also be accountable to the Con- ant Administrator for the Office of Re- of H.R. 64, the Strengthening Science gress. This relationship would bolster search and Development a 5-year posi- at the Environmental Protection Agen- Congress’ confidence in the appropriate tion, much like the directors of the cy Act. role of science at the EPA and, there- NIH and the National Science Founda- Time and time again I have heard my fore, in regulatory decisions. tion. colleagues say, ‘‘What I really want is The Deputy Administrator is also There is another important section the use of sound science at the EPA.’’ needed to coordinate research between that clarifies that research is integral The perception of how EPA decision- the regulatory and scientific arms of to the mission of EPA to protect makers use science in their regulatory the Agency. A common problem with human health and the environment. actions seems to fall into two camps: trying to ensure that science is in- One view comes from the regulated volved throughout the regulatory proc- b 1515 community who claims that controver- ess is that the head of the scientific Mr. Speaker, the bill is supported by sial decisions have ignored the under- arm of the Agency, the Assistant Ad- a wide array of business and scientific lying science. The other view comes ministrator for ORD, shares the same organizations. I believe the Committee from environmental and public advo- rank as the heads of the regulatory of- on Science has crafted a good bill that cacy communities who claim that the fices. The authors of the Academy re- will help ensure that the best and most Agency ignores the underlying science port argued since the new Deputy recent science is considered when the while letting the regulated community would rank higher than the existing administrator makes regulatory deci- unduly influence the process. Associate Administrators, this person sions. While these constituency may for- could foster research relationships be- Ultimately, it will be up to the EPA ever disagree on controversial deci- tween the Office of Research and De- administrator to listen to the sci- sions, one theme is common to both velopment and the regulatory offices. entists, but this bill will provide the camps and to Members of Congress and While this first objective of H.R. 64 is experts with an opportunity to present the Judiciary, they doubt that the EPA intended to increase the political im- their findings in a timely fashion. uses science appropriately in its regu- pact that science has at the Agency, There are concerns both from the ad- latory decisions. the second objective, to establish a set ministration and environmental groups How should the EPA use science? Is term for the Associate Administrator that this bill might create yet another science simply a cudgel used to win a of the Office of Research and Develop- layer of bureaucracy at the agency. court battle? Is it simply an after- ment, seeks to decrease political pres- This conceivably could occur by giving thought to the regulatory process? No. sures on this office. Although the polit- the deputy administrator a veto over Rather, science should be at the begin- ical aspect of the Associate Adminis- regulations. ning, middle, and end of the agency’s trator’s job often receives attention, Mr. Speaker, I would like to ask the decision-making process. It should in- the most important aspects of the job gentleman from Michigan (Mr. EHLERS) fuse every issue from the beginning of are not political. Since the Deputy Ad- whether he agrees or disagrees with discussions on that issue. ministrator could bear many of the po- that view, and whether he would be Several independent reviews have litical pressures inside the Agency, the willing to work with me and others to concluded that there are significant Associate Administrator could focus address continuing concerns within the problems with the way science is used his or her role as the Agency’s chief bill? within the EPA’s decision-making scientist on inspiring and supervising a Mr. EHLERS. Mr. Speaker, will the structure. These reviews include expert world class scientific organization. gentleman yield? Before I close, let me mention that panels of scientists commissioned by Mr. BAIRD. I yield to the gentleman this legislation has garnered support the Congress, the EPA, the MITRE from Michigan. from a wide array of outside groups. It Corporation, and the National Acad- Mr. EHLERS. Mr. Speaker, I am has received backing from prestigious emy of Public Administration. The lat- happy to continue to work with the scientific groups such as the American est and most influential review, the gentleman on these issues. Chemical Society, the American Soci- National Academy of Sciences’ 2000 re- I would like to comment that the ety of Mechanical Engineers, and the issue of creating another layer of bu- port concluded: ‘‘The importance of Society of Toxicology; from business reaucracy has been raised by other science in EPA’s decision-making proc- groups, including the National Associa- ess should be no less than that afforded tion of Manufacturers and the Business Members, and that is totally false. It to legal considerations. Just as the ad- Roundtable; and from universities and does not create another layer of bu- vice of the Agency’s general counsel is other interested parties, including the reaucracy, it creates two positions side relied upon by the administrator to de- National Association of State univer- by side in the same layer, and I believe termine whether a proposed action is sities and Land Grant Colleges, and it is an appropriate role for the science legal, an appropriately qualified and members of EPA’s Scientific Advisory administrator to have an equal status adequately empowered scientific offi- Board. with the administrator who runs the cial is needed to attest to the adminis- The time has come to strengthen rest of the agency. trator and the Nation that the pro- science at the EPA. Congress can act That is the real objective of this bill, posed action is scientific.’’ now by passing H.R. 64. to have science at a higher level, and I H.R. 64 provides for that qualified Mr. Speaker, I reserve the balance of do not consider that an additional scientific official. This legislation my time. layer of bureaucracy; but I am pleased would establish a new Deputy Adminis- Mr. BAIRD. Mr. Speaker, I yield my- to work with the gentleman. trator for Science and Technology to self such time as I may consume. Mr. BAIRD. Mr. Speaker, I appre- serve as an advocate for, and reviewer Mr. Speaker, I rise in strong support ciate the clarification, and concur with of, sciences at the most senior levels of of H.R. 64, a bill that will strengthen the gentleman’s position. the Agency. Second, the legislation the use of science at the Environ- Mr. Speaker, I thank the gentleman would convert the position of the As- mental Protection Agency. I am proud from New York (Mr. BOEHLERT) for his sistant Administrator of the Office of to cosponsor this legislation. outstanding work on this bill and his H1704 CONGRESSIONAL RECORD — HOUSE April 30, 2002 leadership of our committee. I also I think the words which have been vance common sense bipartisan legisla- thank the gentleman from Michigan spoken are particularly instructive. As tion that directly confronts defi- (Mr. EHLERS) for his work. a member of the Committee on Science ciencies in our scientific enterprise. I Mr. Speaker, I reserve the balance of for a number of years, and having over- am proud of our work together, and I my time. sight over the Environmental Protec- thank the gentleman from Michigan Mr. EHLERS. Mr. Speaker, I yield tion Agency, this legislation that pro- (Mr. EHLERS) and the gentleman from such time as he may consume to the vides for an administrator for science Michigan (Mr. BARCIA) and the gen- gentleman from New York (Mr. BOEH- and technology emphasizes the part- tleman from Washington (Mr. BAIRD) LERT), the chairman of the Committee nership between what the agency does for upholding that tradition in bring- on Science, and also express my appre- and science. ing the bill before us today. ciation for his work on this issue. Everything that we have had the op- Recent reviews of the Environmental (Mr. BOEHLERT asked and was given portunity to investigate in the Com- Protection Agency have rated the qual- permission to revise and extend his re- mittee on Science permeates the words ity of the science high. As individuals, marks.) ‘‘science and technology,’’ and particu- the dedicated men and women of the Mr. BOEHLERT. Mr. Speaker, I want larly over these last years we have EPA are doing their jobs with the pro- to point out to Members that this been utilizing the concept of tech- fessionalism and integrity we have measure is brought forward by the gen- nology: Technology and weather, tech- come to expect, and have every right to tleman from Michigan (Mr. EHLERS), a nology in the science of pollution and demand. They should be proud of their doctor, a distinguished scientist in his clean air, technology as it relates to efforts. own right, who is providing invaluable education, technology as it relates to Unfortunately, these same reviews service to the Committee on Science. the whole concept of keeping our com- have been critical of the organization He and another gentleman from Michi- munities safer and cleaner. So in order and focus of the research. The work is gan (Mr. BARCIA), are a dynamic duo to provide greater advice to the admin- piecemeal, and not always directly ap- who have worked tirelessly to advance istration and to ensure that the Envi- plicable. The overall mission is un- this bill to the point where we have it ronmental Protection Agency is an clear, and important areas are unsup- on the floor today under the Suspen- agency that is strengthened with ported. We clearly need a more top- sion Calendar, which is reserved for science, I believe this legislation is the down approach, and this bill provides noncontroversial measures. This is right direction. one. noncontroversial. Sound science requires strong leader- No Member in their right mind can Mr. Speaker, I hope that as this leg- ship. Administrator Whitman has made come up with any logical reason why islation moves, we will be able to im- a commitment to improve oversight of we should not have a chief scientist in plement the position very quickly be- the S&T initiatives at EPA, and I ap- the Environmental Protection Agency. cause I am seeing with the changing plaud her efforts to conduct a thorough No one in their right mind can come up focus on the utilization of science and review of her agency. She has the will, with any reason why we should not technology, the greater need for that and it is time for Congress to provide have, as this bill provides, a deputy ad- expertise, expertise to the Congress ministrator for science and technology. and to the administration. It is my the way. This bill would create a dep- We are in an institution and in a town pleasure to add my support to this leg- uty administrator for science and tech- where people love to say that they islation because it strengthens the En- nology, and provide a clear mandate favor science-based decision-making. vironmental Protection Agency upon for the coordination and oversight of Some of those people favor it as long as which we rely greatly as well as our research activities. It also provides a it is politically convenient. When the local communities, and it gives the in- chief scientist for the agency to pro- conclusion of the scientist is not politi- sight that is necessary to make the vide guidance and perspective. These cally convenient, they look elsewhere. process of the environment and science improvements are sorely needed. There will be no escaping what this bill holistic. Two years ago, the National Re- does, and its intent. We want to have Mr. EHLERS. Mr. Speaker, I yield search Council issued a comprehensive the best possible scientific guidance for such time as she may consume to the review of EPA, and specifically called the administrator of the Environ- gentlewoman from Maryland (Mrs. for the offices created by this legisla- mental Protection Agency, and we MORELLA), who has worked so hard on tion. In that review, the NRC high- want the Environmental Protection science issues, particularly the need to lighted the growing concerns about Agency to give the administration and recruit women and minorities into EPA science. They found the quality of Congress the best possible advice that science. work extremely high, but the percep- is based on sound science. Mrs. MORELLA. Mr. Speaker, I tion low. The committee unanimously If we have that, I am convinced we thank the gentleman from Michigan judged the lack of a top science official can continue to go forward in a very (Mr. EHLERS) for yielding me this time, a major contributor, calling this state responsible way to deal with such and offer my commendation to the a ‘‘formula for poor scientific credi- issues as global climate change. chairman of the Committee on Science, bility outside the agency.’’ This is sim- Mr. Speaker, I applaud the gen- the gentleman from New York (Mr. ply not acceptable. tleman from Michigan (Mr. EHLERS) for BOEHLERT) and the ranking member, The EPA’s work is too important to his work on this, and the dedicated the gentleman from Texas (Mr. HALL), suffer from poor perception. A regu- work of the staff on both sides of the and the ranking member of the sub- latory agency cannot function without aisle. The Committee on Science has committee, the gentleman from Michi- the public’s trust. As the agency with an outstanding staff. I think it is sec- gan (Mr. BARCIA), and the gentleman primary oversight of the Nation’s envi- ond to none, very capable individuals, from Washington (Mr. BAIRD) for this ronment, the scientific basis for EPA’s individuals with advanced degrees in piece of legislation that comes before regulatory decisions must be beyond various science disciplines, and that us today. reproach. We will always have debates serves us all well. Mr. Speaker, it is with great pleasure over trade-offs between environmental Mr. Speaker, I urge Members to pay that I rise in support and as a proud co- and economic prosperity, between fair attention to what we are doing here sponsor of H.R. 64, the Strengthening use and exploitation, and too much today, and I would expect unanimous Science at the Environmental Protec- regulation and not enough. We cannot support for this very worthy bill. tion Agency Act. This bill makes im- afford to have debates about the Mr. BAIRD. Mr. Speaker, I yield 2 portant changes to the administrative science. It must be reliable, timely and minutes to the gentlewoman from structure at the EPA, establishing for sound. Texas (Ms. JACKSON-LEE). the first time a clear chain of com- No corporation is run without a head Ms. JACKSON-LEE of Texas. Mr. mand for EPA science, and a dedicated and no enterprise succeeds without a Speaker, I thank the gentleman for his office responsible for maintaining the leader. The EPA needs a clear hier- leadership, and the gentleman from highest possible standards. archy and a dedicated office to oversee Michigan (Mr. EHLERS) for his leader- With this bill, the House Committee the science portfolio and take responsi- ship on this issue. on Science continues its mission to ad- bility for its focus and direction. The April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1705 importance of the work requires it. The I am pleased that Mr. EHLERS introduced ate bill (S. 2248) to extend the author- impact of the decisions demand it, and H.R. 64, which will make these recommenda- ity of the Export-Import Bank until the American people deserve no less. I tions a reality. Protection of our environment is May 31, 2002. urge Members to support H.R. 64. dependent on science both to assess prob- The Clerk read as follows: Mr. BARCIA. Mr. Speaker, I rise in support lems and to develop solutions. This bill en- S. 2248 of H.R. 64, the Strengthening Science at the hances the mission of the Environmental Pro- Be it enacted by the Senate and House of Rep- Environmental Protection Agency Act, legisla- tection Agency to include conducting, spon- resentatives of the United States of America in tion that will ensure that science plays a prop- soring, and evaluating environmental science Congress assembled, er role at the Environmental Protection Agen- and technology research. The agency will then SECTION 1. EXTENSION OF EXPORT-IMPORT use the results of this research to carry out BANK. cy. We must be sure that science will serve as Notwithstanding the dates specified in sec- the basis for sound regulations that do not un- the EPA’s agenda with regard to protecting tion 7 of the Export-Import Bank Act of 1945 duly impede economic development. the environment. (12 U.S.C. 635f) and section 1(c) of Public Law I want to thank Congressman SHERWOOD With this shift to a more science-based deci- 103–428, the Export-Import Bank of the BOEHLERT and VERNON EHLERS who worked sion-making process at the Environmental United States shall continue to exercise its closely with myself and Congressman RALPH Protection Agency, it only makes sense that functions in connection with and in further- ance of its objects and purposes through May HALL to craft a truly bipartisan piece of legisla- the people who oversee science and tech- 31, 2002. tion. This legislation addresses recommenda- nology at the EPA should be well-respected tions made by the National Academy of researchers who understand the scientific The SPEAKER pro tempore. Pursu- Sciences and will do much to improve the process. This bill directs the President to ap- ant to the rule, the gentleman from quality of science at the Environmental Protec- point a Deputy Administrator for Science and Nebraska (Mr. BEREUTER) and the gen- tion Agency. Technology and an Assistant Administrator for tleman from Vermont (Mr. SANDERS) This legislation emphasizes that research is Research and Development (or Chief Sci- each will control 20 minutes. The Chair recognizes the gentleman integral to the mission of EPA to protect entist) who both have outstanding back- from Nebraska (Mr. BEREUTER). human health and the environment. grounds, including research accomplishments, The creation of a Deputy Administrator for scientific reputation and leadership experi- GENERAL LEAVE Science and Technology will ensure that ence. Mr. BEREUTER. Mr. Speaker, I ask Although I support this effort, I wanted to science has an equal seat at the table when unanimous consent that all Members sound one cautionary note. As we pass this may have 5 legislative days within important decisions are made. Any regulation bill, we will need to monitor its implementation issued by the EPA must be based on the best which to revise and extend their re- carefully. We want to make sure that our di- marks on S. 2248, and to insert extra- scientific information available. I believe that rection that EPA has a Deputy Administrator the elevated status of this new position will en- neous material on the bill. for Science and Technology and an appoint- The SPEAKER pro tempore. Is there sure this is the case. ment for the position of Assistant Administrator objection to the request of the gen- I urge my colleagues to support H.R. 64. for Research and Development not be dis- Mr. SMITH of Michigan. Mr. Speaker, I rise tleman from Nebraska? torted by anyone with a political agenda. We There was no objection. in support of this legislation sponsored by my want to make sure the people who fill these Mr. BEREUTER. Mr. Speaker, I yield good friend and colleague from Michigan, Mr. new positions at EPA are truly scientists, not myself such time as I may consume. EHLERS. politicians intent on using junk science or bi- Mr. Speaker, this Member rises today This legislation, which establishes a Deputy ased science to fulfill a political agenda. That in support of S. 2248, which is being Administrator for Science and Technology at is equally true for pro-industry and pro-envi- considered today under suspension of the Environmental Protection Agency, fulfills a ronmental positions. the rules. This legislation simply ex- recommendation made in a report of the Na- All too often in the environmental arena we tends the authorization for the Export- tional Academy of Sciences. It is intended to see decisionmaking being dictated by a reli- Import Bank until May 31, 2002, noth- give science a more visible role at EPA and to ance on studies created or funded by industry. ing more. Under current law, the most ensure a sound foundation for science at the In many instances, we don’t have access to recent short-term reauthorization of agency. the raw data underlying these studies. As any the Export-Import Bank expires on As many in this body know, there is a wide- scientist will tell you, this is a perversion of the April 30, 2002. If this subsequent short spread perception that politics more than peer review process that is the basis of all term authorization extension is not science influences regulatory decisions at good science. We have also seen groups signed into law, the Export-Import EPA. This bill addresses this problem, but it is make wild claims that have no basis in sci- Bank could not engage in new trans- only the beginning. entific analysis. actions and would have to wind down Mr. Speaker, H.R. 64 is a well-intentioned There needs to be a real change in the cul- its current operations as of today, bill and a step forward to see that our deci- ture at EPA. Many have asked whether it is April 30. appropriate to have a regulatory body con- sions are guided by the best available data. I Without the passage of this legisla- ducting and overseeing the science used to urge my colleagues to support it. tion the Export-Import Bank will not support its regulatory determinations. It seems Mr. BAIRD. Mr. Speaker, I have no further requests for time, and I yield have the legal authority to issue new to me that there is an inherent conflict of inter- financing commitments in support of est in such an arrangement. Even when EPA back the balance of my time. Mr. EHLERS. Mr. Speaker, I have no the export of U.S. made goods and U.S. science is sound, there is an inescapable per- origin services. ception that the regulatory decision drove the further requests for time, and I yield science, not the other way around. This bill is back the balance of my time. b 1530 The SPEAKER pro tempore (Mr. a good start at raising the profile and centrality Each year, the bank supports more CULBERSON). The question is on the mo- than 2,300 export transactions. Eighty- of science at EPA. tion offered by the gentleman from I want to thank the gentleman from Michi- six percent of those transactions are Michigan (Mr. EHLERS) that the House gan for his leadership on this issue, and I urge suspend the rules and pass the bill, for small and medium-sized businesses. my colleagues to support H.R. 64. H.R. 64, as amended. The bank processes a daily flow of ex- Mr. HOLT. Mr. Speaker, I rise today in sup- The question was taken; and (two- port cases and any expiration of the port of H.R. 64, the Strengthening Science at thirds having voted in favor thereof) bank’s charter will jeopardize pending the Environmental Protection Agency Act. the rules were suspended and the bill, sales and the jobs of U.S. workers tied In a report published in June of 2000, the as amended, was passed. to those transactions. National Academy of Sciences recommended A motion to reconsider was laid on Even more important to small busi- the restructuring of the EPA’s science pro- the table. ness, the Export-Import Bank has a Credit Committee which approves grams to strengthen the role that science f plays in the decision-making process. The Na- small business transactions. This Cred- tional Academy’s recommendations call for the EXTENDING AUTHORITY OF EX- it Committee meets often each week. If establishment of a Deputy Administrator for PORT-IMPORT BANK UNTIL MAY this extension is not passed, the Credit Science and Technology and an appointment 31, 2002 Committee will not be able to do their for the position of Assistant Administrator for Mr. BEREUTER. Mr. Speaker, I move business, and small businesses in turn Research and Development. to suspend the rules and pass the Sen- will be hurt the most. H1706 CONGRESSIONAL RECORD — HOUSE April 30, 2002 Therefore, it is extraordinarily im- bank is necessary in order to create ness communities. But, you know portant that we approve this legisla- jobs. What I want to know, therefore, what? We did not just give them a tion today. I say that because tomor- is if this bank is supposed to create blank check. We said if you want tax- row, in fact, we will be debating the jobs, how come the major beneficiaries payer money, this is what we want Export-Import Bank Reauthorization of the Export-Import Bank, the cor- from you in return. And I would sug- Act of 2001 under a rule. That bill, in- porations who have received the most gest very strongly that what the tax- troduced by this Member, of course, assistance year after year, have sub- payers of this country want when they had careful attention in subcommittee stantially reduced their American subsidize corporations is they want and committee, and we are prepared to workforce? In other words, instead of those corporations to reinvest in Amer- take it to the House floor tomorrow creating new jobs, these large corpora- ica, create jobs in America, and not under a rule which is expected to be tions have taken money from the Ex- run to China, Mexico and every coun- prepared this evening for consideration port-Import Bank and, year after year, try in the world where they can pay tomorrow. they have thrown tens and tens of workers starvation wages. Mr. Speaker, in conclusion, for these thousands of American workers out on Mr. Speaker, I reserve the balance of reasons and many others, it is extraor- the street. my time. dinarily important that we approve I think it is time to tell those folks Mr. BEREUTER. Mr. Speaker, it is this 1-month authorization extension who are at the trough for corporate my pleasure to yield such time as he for the Export-Import Bank today. welfare that if they want money from may consume to the gentleman from Mr. Speaker, I reserve the balance of the taxpayers of this country, if they Ohio (Mr. OXLEY), the distinguished my time. want help from the working people of chairman of the Committee on Finan- Mr. SANDERS. Mr. Speaker, I yield this country, you do not lay off hun- cial Service. myself such time as I may consume. dreds of thousands of American work- (Mr. OXLEY asked and was given (Mr. SANDERS asked and was given ers. permission to revise and extend his re- permission to revise and extend his re- Mr. Speaker, some have talked about marks.) marks, and include extraneous mate- how 86 percent of the transactions from Mr. OXLEY. Mr. Speaker, I rise rial.) Ex-Im go to small business. That is today to support the 30-day extension Mr. SANDERS. Mr. Speaker, with all correct. But that is a bit misleading, of Ex-Im’s reauthorization. Let me due respect to my very good friend, the because 82 percent of the money, what take a few minutes to outline for my gentleman from Nebraska (Mr. BEREU- is really important, goes to the For- colleagues why this extension is so TER), I rise as the ranking member of tune 500 companies, while only 18 per- critical. the Subcommittee on International cent of the dollars and the subsidies go Without this 30 day extension, the Monetary Policy and Trade in strong to small business. Ex-Im Bank will not be forced to close opposition to this 30-day extension to Mr. Speaker, let me give a few exam- its doors, but it will be prevented from the Export-Import Bank. I think it is ples of the work and the actions of doing any new business transactions. time to send this bank a message, and some of the major beneficiaries of the What does that mean? It means many I think we should vote down this exten- Export-Import Bank. General Electric U.S. manufacturers will have to sit idle has received over $2.5 billion in direct sion and this bill this afternoon. waiting for a full-term authorization, This bill, I should say, is being op- loans and loan guarantees from the Ex- losing millions of dollars in business posed by 10 of my colleagues who have port-Import Bank. They are, I believe, every day. It means that workers sent a letter to every Member of Con- the second largest major beneficiary. whose jobs depend on exports financed Not exactly a small business. In fact, gress urging a ‘‘no’’ vote on this legis- by the Ex-Im Bank will face an unclear they are one of the largest corpora- lation. These Representatives are the future. tions in the world. So all the taxpayers gentleman from California (Mr. ROHR- It means that the international ex- in America who are struggling to keep ABACHER), the gentleman from Michi- port community will view the U.S. their heads above water, GE thanks gan (Mr. CONYERS), the gentleman from Congress as unsupportive of U.S. ex- you very, very much for your assist- Texas (Mr. PAUL), the gentleman from porters and will seek to capitalize by ance. Oregon (Mr. DEFAZIO), the gentleman What is this company doing? What do convincing foreign markets that they from Ohio (Mr. KUCINICH), the gen- they say. Jack Welch, as everybody cannot rely any longer on U.S. manu- tleman from New York (Mr. HINCHEY), knows, was the very successful CEO of facturers. I have already received a the gentlewoman from California (Ms. GE for many years. Let me quote Mr. copy of a letter that calls into question LEE), the gentleman from Missouri Welch: ‘‘Ideally, you have every plant the ability of Ex-Im to transact future (Mr. CLAY), the gentleman from Ohio you own on a barge.’’ deals. That is the international percep- (Mr. BROWN) and the gentleman from That is his philosophy. I respect the tion. It is critical that we refute that New York (Mr. TOWNS). guy. He is up front. He says that the view by passing this legislation. This bill is also opposed by the Paper way you make money is to move to Mr. Speaker, tomorrow the House is Allied Chemical and Energy Workers China and Mexico, pay workers there scheduled to consider a 4-year reau- International, PACE, a union with over sub-standard wages, and throw Amer- thorization of Ex-Im that was approved 300,000 members. It is opposed by the ican workers out on the streets. That is by the Committee on Financial Serv- Independent Steel Workers Union. It is his business. I do not have a problem ices in October of last year. That legis- opposed by the U.S. Business and In- with that, but I do have a serious prob- lation, H.R. 2871, received broad bipar- dustry Council and by the CATO Insti- lem that American taxpayers’ money, tisan support in the committee and tute, a conservative think tank. American workers’ money, goes to was approved by a voice vote. Mr. Speaker, this is an example of companies who say, ‘‘Hey, wouldn’t it I want to thank the gentleman from where progressives, such as myself, and be ideal if we could have all of our jobs Nebraska (Mr. BEREUTER), the chair- conservatives, are coming together to on a barge and move to any country in man of the Subcommittee on Inter- protect the American taxpayer and the the world where wages are lower?’’ national Monetary Policy and Trade, workers of this country in opposition GE has moved jobs from State to who, over the past several months, has to an outrageous example of corporate State and country to country in search worked closely with the administration welfare. of lower wages. The company’s biggest to remedy some of its concerns related While I do not often agree with the export is, in fact, jobs. In 1975, GE had to the original legislation. Many of conservative columnist Robert Novak, 667,000 American workers. In 1995, they those concerns have been addressed and I urge Members to read the article he employed 398,000, a decline of 269,000 will be included in a manager’s amend- wrote which appeared in yesterday’s jobs. Now, is that not something? What ment to the legislation. Washington Post which raises some a success story for Ex-Im; the number Mr. Speaker, the Ex-Im Bank is a very strong concerns about the Export- 2 recipient lays off hundreds of thou- vital tool for the American exporting Import Bank. sands of jobs. community. The Ex-Im Bank provides Mr. Speaker, many supporters of the Now, I was a mayor of a city for 8 loan guarantees, insurance and direct Export-Import Bank argue that the years and we provided help to the busi- loans to U.S. manufacturers that seek April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1707 to reach overseas markets when there that is good enough, we are doing it to- and now they are operating in a totally is no available commercial financing or morrow. But also my assumption is, reverse strategy. Is this new informa- direct competition from another export and I am supporting the 30-day exten- tion to the committee? And they are credit agency. sion on the assumption that the gen- providing the money to the Fortune 500 There are over 70 foreign export cred- tleman from Vermont (Mr. SANDERS) corporations, which are nice people and it agencies supplying more than $500 and others who have differences of I like them a lot, but they are the ones billion in financing for international opinion, who want to perfect the bill, that are contracting the labor force exports. In order to remain competitive will be given the opportunity to offer into United States as we meet. in the international arena, U.S. export- their amendments on the floor of the So I come to this debate a little bit ers need the Ex-Im Bank to compete on House so they can be voted up or down. confused. a level playing field. Without Ex-Im, On the basis of that assumption, I Mr. SANDERS. Mr. Speaker, will the our manufacturers would face an inter- can and do support the bill. gentleman yield? national market full of goods receiving Mr. BEREUTER. Mr. Speaker, will Mr. CONYERS. I yield to the gen- government sponsored support, making the gentleman yield? tleman from Vermont. it more difficult for them to offer their Mr. LAFALCE. I yield to the gen- Mr. SANDERS. Mr. Speaker, the gen- goods at a competitive price. Addition- tleman from Nebraska. tleman comes from Detroit where Gen- ally, without Ex-Im, it will be more Mr. BEREUTER. Mr. Speaker, I eral Motors is. How many workers have difficult for U.S. goods to reach emerg- would like to confirm the gentleman’s been laid off by General Motors, a ing markets, effectively closing out the understanding and expectation. This major recipient of the Export-Import opportunity for U.S. businesses to Member has specifically urged the Bank? Does the gentleman have any build a customer base in those coun- Committee on Rules and our colleagues idea? tries. in the Committee on Financial Serv- Mr. CONYERS. Yes, Mr. Speaker. Let me reiterate, Mr. Speaker we will ices to make in order, for example, the Roughly 200,000. take up the full authorization for the Sanders amendment and the amend- Mr. SANDERS. Well, they must be Ex-Im Bank tomorrow, but today we ment of the gentlewoman from Illinois doing a good job with the money that must extend the charter of the bank (Ms. SCHAKOWSKY) and others that were they are getting. They sure are. for 30 days to ensure that Ex-Im can offered in committee but which were Mr. CONYERS. Mr. Speaker, from continue to create new business. I urge not approved. 559,000 to 314,000, and that is just one of my colleagues to join me in voting to I expect and am very assured that we the automobile corporations; they are approve this 30-day extension of the are going to have a structured but all contracting. And most of the For- bank and let the world know that we broadly open bill for discussion tomor- tune 500 companies are contracting support American manufacturers, we row and that the concerns of the dis- their workforce. So how do we end up support American workers and we sup- tinguished gentleman (Mr. LAFALCE) thinking that this is very important port the American economy. will be addressed tomorrow in the de- because this does not protect American Mr. SANDERS. Mr. Speaker, I am bate. workers? Why are we here? happy to yield such time as he may Mr. BEREUTER. Mr. Speaker, will Mr. BEREUTER. Mr. Speaker, it is consume to the gentleman from New the gentleman yield? my pleasure to yield 5 minutes to the Mr. LAFALCE. I yield to the gen- York (Mr. LAFALCE), the ranking mem- distinguished gentlewoman from New tleman from Nebraska. ber of the Committee on Financial York (Mrs. MALONEY), a member of the Mr. LAFALCE. Mr. Speaker, reclaim- Services. Committee on Financial Services. ing my time, I find that a very persua- (Mr. LAFALCE asked and was given Mrs. MALONEY of New York. Mr. sive reason for supporting today’s bill. permission to revise and extend his re- Speaker, I thank the gentleman for I thank the gentleman from Nebraska. marks.) yielding me this time. Mr. SANDERS. Mr. Speaker, I am Mr. LAFALCE. Mr. Speaker, I find I rise in bipartisan support of the 30- very happy to yield such time as he myself in agreement with much of day extension reauthorization of the may consume to the distinguished gen- what has been said by my friend the Export-Import Bank. One month ago tleman from Michigan (Mr. CONYERS). Congress successfully passed a 30-day gentleman from Nebraska (Mr. BEREU- Mr. CONYERS. Mr. Speaker, I thank reauthorization by voice vote, and I TER) and my friend the gentleman from the ranking member for yielding me urge my colleagues to once again sup- Ohio (Mr. OXLEY), so I rise in strong time. support of this 30-day extension of the Mr. Speaker, I just heard this last port keeping the bank in business as Ex-Im Bank. colloquy with the gentleman from New we finish the reauthorization tomor- I think it is imperative that we con- York. If he still has faith in the Com- row. Since 1934, the Ex-Im Bank has tinue the existence of Ex-Im Bank mittee on Rules around here, that we helped finance the sale of U.S. products until no other country has the means are going to get a rule that will allow around the world by providing loan of subsidizing their exports. Otherwise, us to offer our amendments, I am going guarantees, loans, and export credit in- we would be engaging in unilateral dis- to pray tonight, I will burn a candle, I surance for U.S. businesses. While some armament. We cannot do that. I do not will do everything necessary, but let us opponents of the bank argue that it has foresee the day in the near future when see what happens about that tonight. we are going to have a multilateral Now, the Export-Import Bank, I do outlived its use, I believe its mission is agreement that ends all subsidies of ex- not get this around here. $673 million increasingly relevant in today’s com- ports. in loans and loan guarantees for petitive global economy, especially as So, this is really a necessity for sur- projects related to the Enron Corpora- new opportunities for U.S. exports in- vival. If we did not extend Ex-Im Bank, tion. Has that corporation been lifted crease in emerging markets. basically you would have to shut down up into this debate? Does anybody In politically developing regions like its operations. That is just untenable. want to defend that? I will yield to Eastern Europe and the former Soviet Having said that, let me also say I them right now. $673 million in loans, Union, projects often require the sup- share some of the concerns of my good leaving the taxpayers exposed to $514 port of an export credit agency, and friend, the gentleman from Vermont million in loans. without Ex-Im Bank, they would be (Mr. SANDERS), both with respect to Then they approved a $300 million more likely to fall to foreign competi- procedure and with respect to sub- loan for an Enron-related project in tors. stance. About 30 days ago when we had India, even though the World Bank, for Exports are increasingly important another 30-day extension, I said that it whom I have not always praise, has re- to the U.S. economy. The U.S. is far would be difficult for me to support an- fused to finance the very same project more dependent on exports today, other extension unless we had come to because it was not economically viable. which form a larger share of the GNP, the floor or would be coming to the than in the 1930s. In fiscal year 2000, floor with the authorization bill. b 1545 the bank supported over $15.5 billion in I wish we had done it in the past 30 So what goes on here? This was cre- U.S. exports, on a subsidy of $759 mil- days, but we are doing it tomorrow. So ated in the Depression to create jobs, lion. H1708 CONGRESSIONAL RECORD — HOUSE April 30, 2002 The important point to remember ing, why are the taxpayers of this ica, not to the big corporations who are about the bank is that it is a lender of country providing huge subsidies and sending our jobs abroad. last resort. It offers guarantees for loans to the largest multinational cor- So, Mr. Speaker, I believe that the loans that otherwise would not be porations in the world who pay their time is now to send a message to the made. Mr. Speaker, $15.5 billion may CEOs huge salaries, give them huge Export-Import Bank who have, for so not be a large number in relation to benefits, and companies that take this long, ignored the needs of the Amer- the entire U.S. economy, but this $15.5 money from the taxpayers say, thank ican taxpayer and have ignored the billion represents economic activity you very much and, oh, by the way, we needs of American workers. Let us shut and U.S. jobs that, without Ex-Im are laying you off because we are going them down. Let them think. Give them Bank, support would not be available to China and hiring somebody at 20 some time to think. This is going to be to American workers. cents an hour. a very good reflective time, contem- Across the country, Ex-Im Bank sup- I think the American people want us plative time. They could take the time port goes to businesses, both large and to protect their dollars. I think they off, go home, meditate, and try to un- small. I am frequently visited by con- want us to protect American workers. derstand how they can represent Amer- stituents who use the Ex-Im Bank. In What is so bad about saying to a cor- ican workers and American taxpayers, my district in New York, the bank has poration, if you want taxpayers’ rather than just the multinational cor- worked with financial institutions, im- money, then you have to protect Amer- porations. port-exporters and manufacturers, to- ican jobs? What a radical idea. But it is So I urge a ‘‘no’’ vote. I will insert taling over $1 billion in exports since an idea that has not yet come to the into the RECORD at this time a state- 1995. During this period, the bank has Export-Import Bank. ment from the United States Business supported 72 different businesses in my There are a number of reasons why and Industry Council, which opposes district alone, including 19 small busi- we should vote ‘‘no’’ and send a mes- the extension; a statement from the nesses. sage to the Export-Import Bank. Cato Institute that opposes the exten- While today’s vote will keep the bank Number 1, major corporations take sion; and a statement on behalf of the in business for 30 days, the House will the money, lay off American workers, Paper, Allied-Industrial, Chemical and consider the bank’s reauthorization and run abroad. Energy Workers representing 320,000 through 2005 tomorrow. Number 2, the Export-Import Bank, American workers who want to keep With the leadership of the ranking as the gentleman from Michigan (Mr. their jobs in this country. member, the gentleman from New York CONYERS) indicated, has provided $673 The statements are as follows: (Mr. LAFALCE) and the chairman of the million in financing to questionable UNITED STATES BUSINESS AND IN- committee, the gentleman from Ohio Enron-related projects, projects, in DUSTRY COUNCIL, (Mr. OXLEY) and the subcommittee some instances, that the taxpayers of April 29, 2002. chairman, the gentleman from Ne- this country may have to pick up the OPPOSE THE 30–DAY EXTENSION OF THE EX- braska (Mr. BEREUTER), this reauthor- tab for. PORT-IMPORT BANK—REQUIRE THAT IT SUP- ization builds on the bank’s past suc- Number 3, the Export-Import Bank is PORT JOBS AND INDUSTRY IN AMERICA, NOT OVERSEAS cesses. It has strong bipartisan sup- hurting steel workers. The Export-Im- port, and it also includes an amend- port Bank has provided an $18 million On Tuesday, April 30, 2002, a 30-day exten- loan to help a Chinese steel mill pur- sion of the Export-Import Bank will be on ment I offered in the subcommittee the House Suspension Calendar. On behalf of giving the bank explicit authority to chase equipment to modernize their our domestic American member companies, turn down an application for Ex-Im plant. This Chinese company has been we urge that you vote against S. 2248. support when a company has engaged accused of illegally dumping steel into The Export-Import Bank was created in in fraudulent business practices. the U.S. According to the United Steel 1934 to increase U.S. jobs through exports. Mr. Speaker, this is an important in- Workers of America, ‘‘It is disgraceful Today, the Export-Import Bank has strayed stitution, and I urge its continued sup- that the U.S. Government is from this mission. It is now providing bil- port, both today and tomorrow. bankrolling Chinese steel production lions of dollars to multinational companies Mr. SANDERS. Mr. Speaker, I yield when U.S. steel companies are declar- that are laying-off hundreds of thousands of American workers and shipping their jobs myself such time as I may consume. ing bankruptcy and American workers overseas. Last summer, I worked with my very are being laid off.’’ By opposing the 30-day extension, you will good friend, the distinguished chair- Number 4, the Export-Import Bank is be sending a message to the Export-Import man of the subcommittee, the gen- helping the Chinese military. The Ex- Bank that it should only support companies tleman from Nebraska (Mr. BEREUTER) port-Import Bank is subsidizing Boeing and projects that increase jobs in the United on issues relating to the Export-Import aircraft sales to the Chinese military. States. Bank. In fact, we introduced a bill, According to the President of Machin- EXPORT-IMPORT BANK’S TOP CLIENTS CUT THEIR H.R. 2517, that would have gone a very ist Local 751, ‘‘Boeing used to make WORKFORCE long way in protecting the taxpayers of tail sections for the 747s in Wichita, Time Magazine reports the top 5 recipients this country from corporate welfare but they moved the work to a military of Ex-Im subsidies over the past decade have and in protecting American workers, factory in Xian, China. Is this Boeing’s reduced their workforce by 38%—more than and I want to thank the gentleman a third of a million jobs lost. These five com- definition of free trade, to have Amer- panies, which include giants Boeing and Gen- from Nebraska for his support of that ican workers compete with Chinese eral Electric, have received more than 60% of effort. A markup was scheduled to take labor making $50 a month under mili- all Ex-Im subsidies. place on that bill but, out of nowhere, tary discipline?’’ THE EXPORT-IMPORT BANK HAS HELPED CHINESE the markup was canceled, and my sus- Number 5, the Export-Import Bank is STEELMAKERS picion is that the moneyed interests helping General Electric ship jobs to The Export-Import Bank has provided an who like the Export-Import Bank as it Mexico. $18 million loan to help a Chinese steel mill is right now sent down the word from Number 6, the Export-Import Bank is purchase equipment to modernize their on top that that markup never take helping AT&T ship jobs to China. And plant. This Chinese company has been ac- place. What we have in front of us is an on and on and on it goes. cused of illegally dumping steel into the outrageous example of corporate wel- Mr. Speaker, in my view, if we keep American market. The U.S. government fare. the Export-Import Bank, we should should not bankroll Chinese steel production Mr. Speaker, my feeling is that the have firm guarantees from the compa- when U.S. steel companies are being forced into bankruptcy by imports. American people who, in many in- nies that receive the money that they stances, are working longer hours for are going to grow American jobs, they THE EXPORT-IMPORT BANK IS HELPING THE CHINESE MILITARY lower wages than was the case 20 or 30 are going to hire more and more work- years ago, many of whom have no ers, not lay them off. In my view, a The Export-Import Bank is subsidizing Boeing aircraft sales to China. Yet, Boeing health insurance, our seniors do not much larger percentage of money from has been increasing the amount of aircraft have prescription drugs, we face a the Export-Import Bank should go to production it does in China. It used to make housing crisis, a child care crisis; in the small business community, the tail sections for the 737 in Wichita, but then the midst of all of this, people are say- people who are creating jobs in Amer- moved the work to a military factory in April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1709 Xian, China. Besides being questionable on By opposing the 30-day extension, we will Mr. Speaker, I yield back the balance commercial grounds, such deals amount to be sending a message to the Export-Import of my time. the Ex-Im Bank subsidizing Beijing’s defense Bank and its supporters: start protecting Mr. BEREUTER. Mr. Speaker, I yield American workers, stop financing Enron-re- industry at a time when China’s military myself such time as I may consume. buildup threatens the stability of Asia. lated projects, support our struggling steel These practices must end. Oppose the 30- industry, and only support companies that Mr. Speaker, in fact, the legislation day extension of the Export-Import Bank. are working hard to increase jobs in the that we will take up tomorrow will be United States—not the ones that are export- requiring an increase of Ex-Im Bank THE CATO Institute, ing jobs. If we are successful, the Export-Im- funds for small business—a require- April 30, 2002. port Bank may have to close its doors for ment of not less than 20%. Already, 86 one day. Hopefully, this 24-hour period will TIME TO RETIRE THE EXPORT-IMPORT BANK, percent of the transactions of the Ex- enable the bank to consider changing its CATO STUDY CONCLUDES policies to help American workers—not the port-Import Bank do involve small WASHINGTON.—The House of Representa- multi-national companies that are shipping business. tives faces a vote this week on whether to re- jobs overseas. This is not a question about sending authorize the Export-Import Bank of the Here are the top five reasons to oppose this a message to the Export-Import Bank United States. A recent study published by bill: by failing to approve this 1-month ex- the Cato Institute, ‘‘Rethinking the Export- 1. The Export-Import Bank Provides Cor- tension today. This is a very serious Import Bank,’’ finds that, ‘‘the Ex-Im Bank porate Welfare To Companies That Ship jobs is a Great Depression-era agency that has Overseas. matter for it would not be just a 24- little relevance in a time of increasingly On August 8, 1996, the director of the AFL– hour hiatus. This, in fact, will disturb open and sophisticated global markets.’’ CIO task force on trade said that: ‘‘Ex-Im fi- the Ex-Im transactions now under re- According to the study: nancing is corporate welfare with a fig leave view. It will be particularly damaging Generous export subsidies don’t equal bet- of U.S. jobs.’’ to the small business community, as I ter export performance. The United States According to Time Magazine, the top 5 re- cipients of Ex-Im subsidies over the past dec- pointed out in my earlier remarks. exported roughly twice as much in 2000 as it A ‘‘Dear Colleague’’ has been sent did in 1990. By comparison, Germany’s ex- ade which include Boeing and General Elec- ports increased by 34%, Japan’s by 66%, the tric have reduced their workforce by 38%— around to Members of the House. It U.K.’s by 51%, and France’s by 36%. Yet ac- more than a third of a million jobs down the states that, in fact, this is only a small cording to a 1997 GAO analysis of official ex- drain. These same 5 companies have received message, a 24-hour period. As I said, port support, the United States subsidized a more than 60 percent of all Export-Import this is not accurate. If the House does much smaller share of its exports than any subsidies. 2. The Export-Import Bank Has Provided not vote in favor of Ex-Im’s 30-day re- of these other nations. In addition, most $673 million in Financing to Questionable authorization, the bank will not be (more than 80%) beneficiaries of Ex-Im fi- Enron-related projects. able to transact any new business until nancing do not face subsidized competition. Since 1994, the Export-Import Bank has there is agreement between the House Export subsidies don’t increase net em- provided $673 million in loans and loan guar- ployment or ‘‘improve’’ the trade balance. and the Senate on the terms of Ex-Im’s antees for projects related to the Enron Cor- reauthorization. In fact, the unfortu- By overriding the market, the Bank directs poration leaving taxpayers exposed to $514 credit to less efficient uses, creating distor- million. The Ex-Im Bank approved a $300 nate message that would be sent is a tions in the national economy, and imposing million loan for an Enron-related project in real one to American exporters that we opportunity costs that are higher than the India even though the World Bank repeat- have no confidence in the Export-Im- added value of the Bank’s intervention. edly refused to finance this project because port Bank. It is neither fair nor constitutional that it was ‘‘not economically viable.’’ I would like to address 4 specific taxpayer dollars are being used to support According to Human Rights Watch, Am- points that were made in the ‘‘Dear particular businesses, including Enron, GE, nesty International, Friends of the Earth Colleague’’ letter. First of all, the Ex- and numerous other multibillion-dollar and the Indian media, ‘‘Enron subsidiaries beneficiaries. Indeed, in FY2000, the top 10 paid local law enforcement to suppress oppo- port-Import Bank is not corporate wel- recipients of the Bank’s loans and long-term sition to its power plant in which they arbi- fare. As I mentioned, 86 percent of Ex- guarantees were large corporations that got trarily beat and arrested dozens of vil- Im’s transactions are with small busi- 86% of those services. Private credit markets lagers.’’ nesses. Ex-Im charges interest on its are far deeper and are more accessible than 3. The Export-Import Bank Is Hurting direct loans and premiums for its guar- during the Great Depression when the Bank Steelworkers. antees and insurance, costs that the The Export-Import Bank has provided an was founded, and large corporations should U.S. exporters usually pass through to have no trouble financing creditworthy $18 million loan to help a Chinese steel mill projects. purchase equipment to modernize their the overseas customers. Those charges ‘‘Rethinking the Export-Import Bank’’ can plant. This Chinese company has been ac- usually range from 5 percent to 17 per- be found at http://www.freetrade.org/pubs/ cused of illegally dumping steel into the U.S. cent of the financing obtained, depend- briefs/tbp-015es.html. Daniel Griswold, asso- According to the United Steelworkers of ing upon the risk. ciate director of Cato’s Center for Trade Pol- America, ‘‘It’s disgraceful that the U.S. gov- Number 2, the Export-Import Bank, icy Studies, is available to provide com- ernment is bankrolling Chinese steel produc- like other institutions was, in fact, a tion when U.S. steel companies are declaring ments and background. He can be reached at victim of Enron. The entire U.S. econ- (202) 789–5260, or [email protected]. bankruptcy and American workers are being laid-off.’’ omy was caught off guard when Enron PACE, 4. The Export-Import Bank Is Helping Boe- folded, including the Ex-Im Bank. April 29, 2002. ing Ship Jobs to China. The Export-Import Bank is subsidizing b 1600 U.S. HOUSE OF REPRESENTATIVES, Boeing aircraft sales to China. According to Washington, DC. But Ex-Im is receiving installment the President of Machinists’ Local 751: ‘‘Boe- DEAR REPRESENTATIVE: On behalf of the payments from Enron for all Enron-re- ing used to make tail sections for the 737 in Paper, Allied-Industrial, Chemical and En- lated transactions. Ex-Im is partici- Wichita, but they moved the work to a mili- ergy Workers International Union (PACE) tary factory in Xian, China. Is this Boeing’s pating fully in the Justice Department and our 320,000 members I would like to ex- definition of free trade, to have American investigation to determine if Enron press our opposition of the bill to provide for workers compete with Chinese labor making made any false statements to the gov- a 30-day extension of the Export-Import $50 a month under military discipline?’’ ernment with respect to export-import Bank. The bill will be on the Suspension Cal- 5. The Export-Import Bank Is Helping Gen- transactions. endar for Tuesday, April 30, 2002. We urge eral Electric Ship Jobs to Mexico. Number three, the Export-Import that you vote against this legislation. The Ex-Im Bank insured a $3-million loan The Export-Import Bank was created in to aid General Electric build a factory where Bank Extension Act does fight for 1934, in the midst of the Great Depression, to Mexican workers will make parts for appli- steelworkers. The full reauthorization increase U.S. jobs through exports. Unfortu- ances to export back to the United States. bill, which will come to the floor to- nately, the Export-Import Bank has reversed This project is responsible for the loss of morrow, has a very important provi- this strategy and is now providing billions of 1,500 American jobs in Bloomington, Indiana. sion added at the suggestion or at the dollars in corporate welfare to large, multi- Their jobs will now be performed by Mexican amendment of our colleague from the national companies. In many instances, the workers who are making $2 per hour. committee, the gentleman from Penn- companies that receive Export-Import Bank These practices must end. Oppose the 30- support are precisely the ones that are lay- day extension of the Export-Import Bank sylvania (Mr. TOOMEY). ing-off hundreds of thousands of American bill. That legislation addresses the $18 bil- workers and shipping those jobs overseas to Sincerely, lion guarantee approved by the Export- China and Mexico. LOWELL ‘‘PETE’’ STRADER. Import Bank in December of 2000 to H1710 CONGRESSIONAL RECORD — HOUSE April 30, 2002 support the sale of computer software venue for consideration of more substantive as the ‘‘event’’), on the Capitol Grounds, in by American exporters to Benxi Iron issues related to the Bank’s authorization. To- order to honor the law enforcement officers and Steel Company in China. The day’s 30-day extension is necessary to avert a who died in the line of duty during 2001. Benxi Company was subject to a final (b) DATE OF EVENT.—The event shall be major disruption of Ex-Im operations during held on May 15, 2002, or on such other date as determination of steel dumping by the the time it takes to consider H.R. 2871 and the Speaker of the House of Representatives International Trade Commission subse- conference it with the Senate. and the Committee on Rules and Adminis- quent to that transaction approval. Failure to pass the 30-day extension will not tration of the Senate jointly designate. The bill conforms Ex-Im lending to only harm the reputation of the Ex-Im Bank. It SEC. 2. TERMS AND CONDITIONS. current U.S. trade laws now, because of will also cause serious economic harm to (a) IN GENERAL.—Under conditions to be the Toomey amendment, by barring American businesses, including the thousands prescribed by the Architect of the Capitol any Ex-Im loan or guarantee for pro- of small business exporters that account for and the Capitol Police Board, the event shall duction of substantially the same prod- 90 percent of the Bank’s transactions. It will be— uct that is the subject of a counter- be a setback for U.S. credibility in the global (1) free of admission charge and open to the vailing duty or anti-dumping order or a public; and economy, potentially triggering lack of con- (2) arranged not to interfere with the needs section 201 determination by the Inter- fidence in the U.S. government as a creditor of Congress. national Trade Commission. and guarantor in international financial trans- (b) EXPENSES AND LIABILITIES.—The spon- The legislation now also requires the actions. And it will send the wrong message sor shall assume full responsibility for all Export-Import Bank to develop proce- on the foreign policy front at a time when we expenses and liabilities incident to all activi- dures for loans and loan guarantees to are working hard to engage with other coun- ties associated with the event. a business, which is subject to a pre- tries in the war on terorism. SEC. 3. EVENT PREPARATIONS. liminary countervailing trade duty or Mr. BEREUTER. Mr. Speaker, I have Subject to the approval of the Architect of an anti-dumping determination of ma- no further requests for time, and I the Capitol, the sponsor is authorized to terial injury. So we have taken very yield back the balance of my time. erect upon the Capitol Grounds such stage, specific action in the committee on the sound amplification devices, and other re- The SPEAKER pro tempore (Mr. lated structures and equipment, as may be Toomey amendment to address the WALDEN of Oregon). The question is on required for the event. concerns that came out of the Benxi the motion offered by the gentleman SEC. 4. ENFORCEMENT OF RESTRICTIONS. steel case. from Nebraska (Mr. BEREUTER) that The Capitol Police Board shall provide for Fourth, I would say the Export-Im- the House suspend the rules and pass enforcement of the restrictions contained in port Bank is critical in maintaining the Senate bill, S. 2248. section 4 of the Act of July 31, 1946 (40 U.S.C. U.S. jobs. It creates thousands of jobs The question was taken. 193d; 60 Stat. 718), concerning sales, adver- every year. The SPEAKER pro tempore. In the tisements, displays, and solicitations on the I would like to give a quote from opinion of the Chair, two-thirds of Capitol Grounds, as well as other restric- John J. Sweeney, the President of those present have voted in the affirm- tions applicable to the Capitol Grounds, in connection with the event. AFL–CIO. He says, ‘‘As far as we’re ative. concerned, corporations which receive Mr. SANDERS. Mr. Speaker, on that The SPEAKER pro tempore. Pursu- subsidies from the Export-Import Bank I demand the yeas and nays. ant to the rule, the gentlewoman from are merely vehicles through which jobs The yeas and nays were ordered. West Virginia (Mrs. CAPITO) and the and income for American workers are The SPEAKER pro tempore. Pursu- gentlewoman from the District of Co- created.’’ ant to clause 8 of rule XX and the lumbia (Ms. NORTON) each will control I might also mention, this legislation Chair’s prior announcement, further 20 minutes. is supported by the International Asso- proceedings on this motion will be The Chair recognizes the gentle- ciation of Machinists and Aerospace postponed. woman from West Virginia (Mrs. Workers. They strongly support pas- CAPITO). sage of the legislation. f Mrs. CAPITO. Mr. Speaker, I yield Now is not the time to take an action PERSONAL EXPLANATION myself such time as I may consume. that is not responsible. We need to ap- Mr. Speaker, House Concurrent Reso- Ms. HARMAN. Mr. Speaker, on roll prove the 1-month extension today to lution 347 authorizes the use of the call vote 114 last Thursday, April 24, I keep the disruption from the Export- Capitol Grounds for the 21st Annual am not listed as having voted, al- Import Bank’s customers, the Amer- National Peace Officers’ Memorial though I am quite certain I placed my ican exporters, from taking place. Service to be held on May 15, 2002. voting card into the voting machine. We will have a full debate tomorrow. In 2001, over 230 Federal, State, and Let the record show I intended to I am confident that the bill will give local law enforcement officers were vote no on roll call vote 114, the Issa the gentleman from Vermont (Mr. killed in the line of duty protecting amendment to the Immigration Re- SANDERS), for example, and other key and serving our Nation. The officers re- form and Accountability Act. members of the committee, as well as membered in this service represent the certain other Members of the House f risk involved in civilian protection, as well as the selflessness necessary to who have important amendments, an AUTHORIZING USE OF CAPITOL perform their duties. This memorial opportunity to present such amend- GROUNDS FOR NATIONAL PEACE service will honor the courage and ments to be fully debated, and if nec- OFFICERS’ MEMORIAL SERVICE essary, a vote in the House. commitment of these men and women. Mr. Speaker, it is important we ap- Mrs. CAPITO. Mr. Speaker, I move to The memorial service will be one prove this legislation today under sus- suspend the rules and agree to the con- part of the annual Police Week, which pension. I urge my colleagues to sup- current resolution (H. Con. Res. 347) is sponsored by the National Law En- port the passage of S. 2248. authorizing the use of the Capitol forcement Officers Memorial Fund. Mr. LAFALCE. Mr. Speaker, I rise in strong Grounds for the National Peace Offi- This week of special events always oc- support of this 30-day extension of authoriza- cers’ Memorial Service. curs during the calendar week in which tion for the Export-Import Bank. Absent this The Clerk read as follows: the National Peace Officers Memorial extension, the Bank’s authorization will expire, H. CON. RES. 347 Day falls. forcing Ex-Im to begin liquidation of its existing Resolved by the House of Representatives (the The week features such events as the contracts and prohibiting any new trans- Senate concurring), Eighth Annual Blue Mass at St. Pat- actions. SECTION 1. USE OF CAPITOL GROUNDS FOR NA- rick’s Catholic Church, the National It is very important to understand that this TIONAL PEACE OFFICERS’ MEMO- Police Challenge 50K relay, the 7th An- 30-day extension is independent of consider- RIAL SERVICE. nual Motorcycle Dice Ride, the Sev- (a) IN GENERAL.—The National Fraternal enth Annual Law Ride, the 14th Annual ation of H.R. 2871, the 4-year reauthorization Order of Police and its auxiliary (in this res- of the Ex-Im Bank. H.R. 2871 will be consid- olution referred to as the ‘‘sponsor’’) shall be Candlelight Vigil at the National Law ered tomorrow under a rule, which will give permitted to sponsor a public event, the 21st Enforcement Officers’ Memorial, the Members an opportunity to offer and debate annual National Peace Officers’ Memorial Fraternal Order of Police and Auxil- amendments to the bill. That is the appropriate Service (in this resolution jointly referred to iary Wreath-laying Ceremony, and the April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1711 memorial service authorized by this the great personal sacrifices that our Nation’s authorizing the use of the Capitol resolution. peace officers make in order to serve the pub- Grounds for the National Book Fes- I am proud and honored to bring this lic. Their selflessness has become a model of tival. bipartisan resolution to the floor. I American strength and courage. The Clerk read as follows: urge my colleagues to join me in sup- There are approximately 700,000 sworn law H. CON. RES. 348 porting this resolution, which honors enforcement officers serving the American Resolved by the House of Representatives (the the many brave men and women of law public today. During 2001, more than 230 Senate concurring), enforcement who gave their lives in the peace officers were killed in the line of duty, SECTION 1. AUTHORIZATION OF USE OF CAPITOL line of duty to make America a safer of those killed, eleven were women. The aver- GROUNDS FOR NATIONAL BOOK FES- place to live and work. I urge my col- age age of those killed in the line of duty was TIVAL. leagues to join me in supporting this (a) IN GENERAL.—The Library of Congress 38 years. The youngest officer killed was 21; (in this resolution referred to as the ‘‘spon- resolution. the oldest was 78. sor’’), in cooperation with the First Lady, Mr. Speaker, I reserve the balance of It is most fitting and proper to honor the may sponsor the National Book Festival (in my time. lives, sacrifices, and public service of our this resolution referred to as the ‘‘event’’) on Ms. NORTON. Mr. Speaker, I yield brave peace officers. the Capitol Grounds. myself such time as I may consume. I urge support for H. Con. Res. 347. (b) DATE OF EVENT.—The event shall be Mr. Speaker, House Concurrent Reso- Mr. COSTELLO. Mr. Speaker, H. Con. Res. held on September 21, 2002, or on such other lution 347 authorizes the use of the 347 authorizes use of the Capitol Grounds for date as the Speaker of the House of Rep- resentatives and the Committee on Rules Capitol Grounds for the 21st Annual the 21st annual National Peace Officers Me- National Peace Officers’ Memorial and Administration of the Senate jointly morial Service—a most solemn and respectful designate. Service, a most solemn and respectful service. As a former law enforcement official, SEC. 2. TERMS AND CONDITIONS. public event honoring our Nation’s this ceremony has a special meaning to me, (a) IN GENERAL.—Under conditions to be brave civil servants. The event, sched- and I strongly support this resolution that hon- prescribed by the Architect of the Capitol uled for May 15, will be coordinated ors the police officers, 230 brave men and and the Capitol Police Board, the event shall with the Office of the Architect of the women, who gave their lives in the daily work be— Capitol and the Capitol Hill Police. of protecting our families and us. (1) free of admission charge and open to the I strongly support this tribute to On average, one officer is killed in this public; and Federal, State, and local police who country every other day, approximately 23,000 (2) arranged not to interfere with the needs gave their lives in the daily work of of Congress. are injured every year, and thousands are as- (b) EXPENSES AND LIABILITIES.—The spon- protecting our families, our homes, our saulted going about their daily routines. sor shall assume full responsibility for all places of work, and us. Over 230 brave During last year very devoted, heroic offi- expenses and liabilities incident to all activi- men and women were killed in the line cers from the ranks of State, local and Federal ties associated with the event. of duty during 2001. Included in that service were killed in the line of duty—219 SEC. 3. EVENT PREPARATIONS. number are the 72 officers who lost men, and 11 women were killed. The average (a) STRUCTURES AND EQUIPMENT.—Subject their lives on September 11, 2001. age of those killed was 38 years, and they to the approval of the Architect of the Cap- On average, one officer is killed in had an average of 11.7 years in service. itol, the sponsor may cause to be placed on this country every other day, approxi- In my State of Illinois 7 brave police officers the Capitol Grounds such stage, seating, mately 23,000 are injured every year, dies in the line of duty during 2001—At this booths, sound amplification and video de- and thousands are assaulted going vices, and other related structures and time I would like to read their names into the equipment as may be required for the event, about their daily routines. RECORD: including equipment for the broadcast of the During 2001, 219 policemen and 11 po- Myron Deckard—Vermillion County, Illinois event over radio, television, and other media licewomen were killed. The average Stanley Talbor—Illinois State Police outlets. age of those killed was 38 years, and Brian T. Strause—Chicago (b) ADDITIONAL ARRANGEMENTS.—The Ar- they had an average of 11.7 years of Kevin Rice, Sr.—Rockford chitect of the Capitol and the Capitol Police service. The youngest was 21 years old Eric D. Lee—Chicago Board may make any additional arrange- and the oldest was 78 years. Their years Donan J. Faulkner, Jr.—Peoria ments as may be required to carry out the event. of service range from being a rookie to Hector A. Silva—Chicago SEC. 4. ENFORCEMENT OF RESTRICTIONS. 38 years. Mr. Speaker, the ceremony to be held on Today, peace officers often must The Capitol Police Board shall provide for May 15 is the 21st anniversary of this memo- enforcement of the restrictions contained in keep the peace even in the homeland, rial service. I support the resolution and urge section 4 of the Act of July 31, 1946 (40 U.S.C. as we saw on September 11, especially my colleagues to join me in supporting this 193d; 60 Stat. 718), concerning sales, displays, here in the District of Columbia. They tribute to our fallen Peace Officers. advertisements, and solicitations on the Cap- must be prepared for the unimagined, Mrs. NORTON. Mr. Speaker, I have itol Grounds, as well as other restrictions not only to prevent crime but to pre- no further requests for time, and I applicable to the Capitol Grounds in connec- vent disaster, biological and terror. yield back the balance of my time. tion with the event. Mr. Speaker, the ceremony to be held Mrs. CAPITO. Mr. Speaker, I have no The SPEAKER pro tempore. Pursu- on May 15 is the 21st anniversary of further requests for time, and I yield ant to the rule, the gentlewoman from this memorial service. Consistent with back the balance of my time. West Virginia (Mrs. CAPITO) and the all Capitol Hill events, the memorial The SPEAKER pro tempore. The gentlewoman from the District of Co- service will be free and open to the question is on the motion offered by lumbia (Ms. NORTON) each will control public. the gentlewoman from West Virginia 20 minutes. I support the resolution, and I urge (Mrs. CAPITO) that the House suspend The Chair recognizes the gentle- my colleagues to join me in supporting the rules and agree to the concurrent woman from West Virginia (Mrs. this tribute to our fallen peace officers. resolution, H. Con. Res. 347. CAPITO). Mr. OBERSTAR. Mr. Speaker, I rise in sup- The question was taken; and (two- Mrs. CAPITO. Mr. Speaker, I yield port of H. Con. Res. 347 and urge my col- thirds having voted in favor thereof) myself such time as I may consume. leagues to join me in support of this important the rules were suspended and the con- Mr. Speaker, House Concurrent Reso- resolution, which authorizes the use of the current resolution was agreed to. lution 348 authorizes the use of the Capitol Grounds for the National Peace Offi- A motion to reconsider was laid on Capitol Grounds for the Library of cers’ Memorial Service on May 15, 2002. the table. Congress’s National Book Festival, to President Kennedy proclaimed May 15th as f be held on September 21, 2002. The Na- National Peace Officers’ Memorial Day. Each tional Book Festival is a two-day event year on this date we, as a Nation, have an op- AUTHORIZING USE OF CAPITOL that will educate children, promote the portunity to honor the dedication and devotion GROUNDS FOR NATIONAL BOOK use of libraries, and encourage the joys of our Nation’s peace officers. This May will FESTIVAL of reading. mark the 21st anniversary of the Memorial Mrs. CAPITO. Mr. Speaker, I move to On Saturday, September 21, First Service on the Capitol Grounds. The tragic suspend the rules and agree to the con- Lady Laura Bush will launch the Sec- events of September 11 have reminded us of current resolution (H. Con. Res. 348) ond Annual National Book Festival by H1712 CONGRESSIONAL RECORD — HOUSE April 30, 2002 connecting with children all across Mr. Speaker, I yield back the balance of Columbia Special Olympics Law En- America through live satellite feeds of my time. forcement Torch Run, to be conducted and Web casting of the event. This will Mrs. CAPITO. Mr. Speaker, I yield through the grounds of the Capitol on be hosted from the main reading room back the balance of my time. June 7, 2002. The Capitol Police will of the Library of Congress for a capti- The SPEAKER pro tempore. The host the opening ceremonies for the vating afternoon reading program. The question is on the motion offered by run, starting on Capitol Hill, which reading celebration continues at the the gentlewoman from West Virginia will be free of charge and open to the Thomas Jefferson Building and on the (Mrs. CAPITO) that the House suspend public. grounds of the United States Capitol. the rules and agree to the concurrent Over 2000 law enforcement officers Much of the weekend’s festivities are resolution, House Concurrent Resolu- representing 60 local and Federal law modeled after a similar book festival tion 348. enforcement agencies will carry the that the First Lady launched in Texas. The question was taken; and (two- A variety of noted authors and na- Special Olympics torch in honor of and thirds having voted in favor thereof) to show their support for the 2,500 Spe- tional celebrities will participate, of- the rules were suspended and the con- fering readings throughout the after- cial Olympians who will participate in current resolution was agreed to. this annual event. noon. In addition, folk, jazz, and blues A motion to reconsider was laid on artists will chronicle American story- the table. For over a decade, Congress has sup- ported this worthy endeavor by enact- telling through music. f The President and First Lady have ing resolutions for the use of the been strong advocates of education and AUTHORIZING USE OF CAPITOL grounds. Since its inception, the Torch reading, since it serves as the founda- GROUNDS FOR DISTRICT OF CO- Run has been launched from the West tion from which we all learn and grow. LUMBIA SPECIAL OLYMPICS LAW Terrace of the Capitol building. I encourage any Members in town that ENFORCEMENT TORCH RUN I urge my colleagues to support this weekend to attend this event with Mrs. CAPITO. Mr. Speaker, I move to resolution. their young family members, in addi- suspend the rules and agree to the con- tion to encouraging their constituents Mr. Speaker, I reserve the balance of current resolution (H. Con. Res. 354) my time. to participate in this event, either authorizing the use of the Capitol those that live here in Washington or Grounds for the District of Columbia Ms. NORTON. Mr. Speaker, I yield via the Internet. Special Olympics Law Enforcement myself such time as I may consume. I support the resolution, and strongly Torch Run. Mr. Speaker, this event needs little urge my colleagues to join in support. The Clerk read as follows: introduction. 2002 marks the 34th anni- Mr. Speaker, I reserve the balance of H. CON. RES. 354 versary of the D.C. Special Olympics. my time. The torch relay event is a traditional Ms. NORTON. Mr. Speaker, I yield Resolved by the House of Representatives (the part of the opening ceremony for the myself such time as I may consume. Senate concurring), Mr. Speaker, I join the gentlewoman SECTION 1. AUTHORIZATION OF USE OF CAPITOL Special Olympics, which takes place at GROUNDS FOR D.C. SPECIAL OLYM- the Gallaudet University here in the from West Virginia (Mrs. CAPITO) in PICS LAW ENFORCEMENT TORCH District of Columbia. support of House Concurrent Resolu- RUN. tion 348, to authorize using the Capitol On June 7, 2002, or on such other date as Grounds on September 21 for the Na- the Speaker of the House of Representatives b 1615 tional Book Festival. and the Committee on Rules and Adminis- The event, jointly hosted by the Li- tration of the Senate may jointly designate, Each year, approximately 2,500 Spe- brary of Congress and First Lady Laura the 2002 District of Columbia Special Olym- cial Olympians compete in over a dozen Bush, is intended to promote the Na- pics Law Enforcement Torch Run (in this events and over one million children tion’s libraries and celebrate the joys resolution referred to as the ‘‘event’’) may be and adults with special needs partici- run through the Capitol Grounds as part of pate in the Special Olympic worldwide of reading. The book festival, held in the journey of the Special Olympics torch to September of 2001, was a huge success, programs. The event is supported by the District of Columbia Special Olympics literally thousands of volunteers. The drawing approximately 30,000 people to summer games at Gallaudet University in Capitol Hill to enjoy public readings the District of Columbia. goal of the games is to help bring men- and listen to poetry and music. SEC. 2. RESPONSIBILITY OF CAPITOL POLICE tally handicapped individuals into the The book signings by the festival’s BOARD. larger society under conditions where- invited authors proved to be so popular The Capitol Police Board shall take such by they are accepted and respected. that the authors had to be moved out actions as may be necessary to carry out the Confidence and self-esteem are the of doors to deal with the long lines of event. building blocks of these Olympic loyal fans, leaving many of them to SEC. 3. CONDITIONS RELATING TO PHYSICAL games. PREPARATIONS. comment that they felt like rock stars. The Architect of the Capitol may prescribe I enthusiastically support this reso- The book festival 2002 is also ex- conditions for physical preparations for the lution and the very worthwhile endeav- pected to be as successful, with promi- event. or of the Special Olympics. I urge pas- nent authors, music, and other activi- SEC. 4. ENFORCEMENT OF RESTRICTIONS. sage of H. Con. Res. 354. ties throughout the day. As with all The Capitol Police Board shall provide for events on the Capitol grounds, it is Mr. Speaker, I have no further re- enforcement of the restrictions contained in quests for time, and I yield back the open to the public and is free of charge, section 4 of the Act of July 31, 1946 (40 U.S.C. and has the support of the Joint Com- 193d; 60 Stat. 718), concerning sales, adver- balance of my time. mittee on the Library. tisements, displays, and solicitations on the Mrs. CAPITO. Mr. Speaker, I have no The sponsors of this event will co- Capitol Grounds, as well as other restric- further requests for time, and I yield ordinate with the Architect of the Cap- tions applicable to the Capitol Grounds, in back the balance of my time. connection with the event. itol and the Capitol Police. The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Pursu- Mr. Speaker, cities all over the WALDEN of Oregon). The question is on United States, localities of every kind, ant to the rule, the gentlewoman from the motion offered by the gentlewoman West Virginia (Mrs. CAPITO) and the are choosing books for the entire local- from West Virginia (Mrs. CAPITO) that ity to read to once again promote the gentlewoman from the District of Co- the House suspend the rules and agree joy of reading in our society. lumbia (Ms. NORTON) each will control to the concurrent resolution, H. Con. I can think of no more worthwhile 20 minutes. Res. 354. on-site activity for this Congress to au- The Chair recognizes the gentle- thorize than promoting the reading of woman from West Virginia (Mrs. The question was taken; and (two- books and the joy of reading itself for CAPITO). thirds having voted in favor thereof) adults and children alike. Mrs. CAPITO. Mr. Speaker, I yield the rules were suspended and the con- The book festival is a very worth- myself such time as I may consume. current resolution was agreed to. while endeavor, and I urge my col- Mr. Speaker, House Concurrent Reso- A motion to reconsider was laid on leagues to support this resolution. lution 353 authorizes the 2002 District the table. April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1713 AUTHORIZING USE OF CAPITOL Avenue and Third Street Northwest. for conducting the race in complete compli- GROUNDS FOR GREATER WASH- The participants competing in the ance with the rules and regulations governing INGTON SOAP BOX DERBY events are residents of the Washington the use of the Capitol grounds. Mrs. CAPITO. Mr. Speaker, I move to metropolitan area and range in ages I request my colleagues to join with me, and suspend the rules and agree to the con- from 9 to 16. Participants will compete other co-sponsors including representative JIM current resolution (H. Con. Res. 356) in three open divisions based on their MORAN, CONNIE MORELLA, ELEANOR HOLMES authorizing the use of the Capitol experience in building their vehicles. NORTON, FRANK WOLF, and ALBERT WYNN in Grounds for the Greater Washington This event is currently one of the old- supporting this resolution. Soap Box Derby. est of its kind in the country, having The Soap Box Derby has been in the Wash- The Clerk read as follows: taken place for over 55 years. The win- ington, D.C., area since 1992. It has attracted over 50 contestants each year. The partici- H. CON. RES. 356 ner will go on to represent the Wash- ington metropolitan area at the na- pants range from ages 9 to 16. Resolved by the House of Representatives (the The participants work very hard to prepare Senate concurring), tional finals to be held in Akron, Ohio, for the local Soap Box Derby. They are given SECTION 1. AUTHORIZATION OF SOAP BOX later in the summer. DERBY RACES ON CAPITOL Participants in these events learn an opportunity to learn basic skills of work- GROUNDS. the value of hard work, dedication and manship. They build their own race cars from The Greater Washington Soap Box Derby attention to detail, since any loose a kit provided by the All-American Soap Box Association (in this resolution referred to as parts or screws may affect their time Derby Program. The participants are able to the ‘‘Association’’) shall be permitted to in the event. enhance their building skills to create a basic sponsor a public event, soap box derby races, I support the resolution and urge my style car. on the Capitol Grounds on June 22, 2002, or Winners of three levels of the local race be- on such other date as the Speaker of the colleagues to do the same. House of Representatives and the Committee Mr. Speaker, I reserve the balance of come eligible to compete in the National Soap on Rules and Administration of the Senate my time. Box Derby races held in Akron, Ohio. Prior to may jointly designate. Ms. NORTON. Mr. Speaker, I yield the National races, they attend a week of SEC. 2. CONDITIONS. myself such time as I may consume. camp in ‘‘Derbytown’’ where they make lasting The event to be carried out under this res- Mr. Speaker, I am delighted to join friendships while participating in a variety of olution shall be free of admission charge to the sponsor in supporting H. Con. Res. sporting activities. The National races are held the public and arranged not to interfere with 356 and acknowledging the efforts of in August and give the participants a chance the needs of Congress, under conditions to be the gentleman from Maryland (Mr. to win scholarships and merchandise prizes. prescribed by the Architect of the Capitol HOYER), who has been such a great Mr. Speaker, this even has been called and the Capitol Police Board; except that the ‘‘The Greatest Amateur Racing Event in the Association shall assume full responsibility champion for his constituents for this for all expenses and liabilities incident to all event. World’’. This is a wonderful opportunity for our activities associated with the event. As usual, this event has bipartisan children from the District of Columbia, Mary- SEC. 3. STRUCTURES AND EQUIPMENT. support with co-sponsors including the land, and Virginia to venture into the world of For the purposes of this resolution, the As- gentlewoman from Maryland (Mrs. science, while experiencing the spirit of com- sociation is authorized to erect upon the MORELLA), the gentleman from Vir- petition. Capitol Grounds, subject to the approval of ginia (Mr. WOLF) and the gentleman Ms. NORTON. Mr. Speaker, I have no the Architect of the Capitol, such stage, from Virginia (Mr. MORAN), the gen- further requests for time, and I yield sound amplification devices, and other re- tleman from Maryland (Mr. WYNN), and back the balance of my time. lated structures and equipment as may be re- myself. Mrs. CAPITO. Mr. Speaker, I have no quired for the event to be carried out under further requests for time, and I yield this resolution. H. Con. Res. 356 authorizes use of the Capitol grounds for the Greater Wash- back the balance of my time. SEC. 4. ADDITIONAL ARRANGEMENTS. The SPEAKER pro tempore. The The Architect of the Capitol and the Cap- ington Soap Box Derby. Youngsters ages 9 through 16 construct and operate question is on the motion offered by itol Police Board are authorized to make any the gentlewoman from West Virginia such additional arrangements that may be their own soap box vehicles. On June required to carry out the event under this 22, 2002, these youngsters of the greater (Mrs. CAPITO) that the House suspend resolution. Washington area race down Constitu- the rules and agree to the concurrent SEC. 5. ENFORCEMENT OF RESTRICTIONS. tion Avenue to test the principles of resolution, H. Con. Res. 356. The question was taken; and (two- The Capitol Police Board shall provide for aerodynamics in hand-designed and thirds having voted in favor thereof) enforcement of the restrictions contained in -constructed soap box vehicles. section 4 of the Act of July 31, 1946 (40 U.S.C. the rules were suspended and the con- Many hundreds of volunteers donate 193d; 60 Stat. 718), concerning sales, adver- current resolution was agreed to. considerable time supporting the tisements, displays, and solicitations on the A motion to reconsider was laid on events and providing families with a Capitol Grounds, as well as other restric- the table. tions applicable to the Capitol Grounds, with fun-filled day. The event has grown in respect to the event to be carried out under popularity and Washington is now f this resolution. known as one of the outstanding race GENERAL LEAVE The SPEAKER pro tempore. Pursu- cities. In keeping with standard proce- Mrs. CAPITO. Mr. Speaker, I ask ant to the rule, the gentlewoman from dures, the event is conducted under unanimous consent that all Members West Virginia (Mrs. CAPITO) and the conditions prescribed by the Architect may have 5 legislative days within gentlewoman from the District of Co- of the Capitol and the Police Board. It which to revise and extend their re- lumbia (Ms. NORTON) each will control is free and open to the public. marks and include extraneous material 20 minutes. Mr. Speaker, I support H. Con. Res. on House Concurrent Resolutions 347, The Chair recognizes the gentle- 356 and thank the gentleman from 348, 354, 356, the measures just consid- woman from West Virginia (Mrs. Maryland (Mr. HOYER) for his work in ered by the House. CAPITO). originating this resolution. The SPEAKER pro tempore. Is there Mrs. CAPITO. Mr. Speaker, I yield Mr. HOYER. Mr. Speaker, for the past ten objection to the request of the gentle- myself such time as I may consume. years, I have sponsored a resolution for the woman from West Virginia? Mr. Speaker, House Concurrent Reso- Greater Washington Soap Box Derby to hold There was no objection. lution 356 authorizes the use of the its race along Constitution Avenue. f Capitol grounds for the greater Wash- Once again, I am proud to have sponsored ington Soap Box Derby qualifying H. Con. Res. 356 to permit the 65th race of SUPPORTING NATIONAL BETTER races to be held on June 22, 2002. the Greater Washington Soap Box Derby. It is HEARING AND SPEECH MONTH The event is open to the public and scheduled to take place on the Capitol Mr. BILIRAKIS. Mr. Speaker, I move free of charge and the sponsor assumes grounds on Saturday, June 22, 2002. to suspend the rules and agree to the responsibility for all expenses and li- This resolution authorizes the Architect of concurrent resolution (H. Con. Res. 358) abilities related to the event. the Capitol, the Capitol Police Board, and the supporting the goals and ideals of Na- The races are to take place on Con- Greater Washington Soap Box Derby Associa- tional Better Hearing and Speech stitution Avenue between Delaware tion to negotiate the necessary arrangements Month, and for other purposes. H1714 CONGRESSIONAL RECORD — HOUSE April 30, 2002 The Clerk read as follows: The Chair recognizes the gentleman born with hearing loss, the most com- H. CON. RES. 358 from Florida (Mr. BILIRAKIS). mon congenital disorder in newborns. Whereas the National Institute on Deaf- GENERAL LEAVE For the past 75 years, May has been ness and Other Communication Disorders Mr. BILIRAKIS. Mr. Speaker, I ask celebrated as National Better Hearing (NIDCD) reports that approximately unanimous consent that all Members and Speech Month, raising awareness 42,000,000 people in the United States suffer may have 5 legislative days within about speech, voice, hearing, and lan- from a speech, voice, language, or hearing which to revise and extend their re- guage impairments. impairment; marks on this legislation and to insert Federal, State, and local govern- Whereas almost 28,000,000 people in the ments, as well as members of the United States suffer from hearing loss; extraneous material on H. Con. Res. Whereas 1 out of every 3 people in the 358. speech and hearing profession, have United States more than 65 years of age suf- The SPEAKER pro tempore. Is there used May as an opportunity to educate fers from hearing loss; objection to the request of the gen- the public about preventing, miti- Whereas although more than 25,000,000 peo- tleman from Florida? gating, and treating these impair- ple in the United States would benefit from There was no objection. ments. the use of a hearing aid, fewer than 7,000,000 Mr. BILIRAKIS. Mr. Speaker, I yield This resolution commends their work people in the United States use a hearing myself such time as I may consume. and that of the 41 States that have im- aid; Mr. Speaker, today I rise in support plemented routine hearing screening Whereas sounds louder than 80 decibels are considered potentially dangerous and can of H. Con. Res. 358, which supports the for every newborn. lead to hearing loss; goals and ideals of a National Better I want to thank my colleague, the Whereas the number of young children who Hearing and Speech Month. Approxi- gentleman from Kansas (Mr. RYUN), suffer hearing loss as a result of environ- mately 42 million Americans suffer and others for introducing this resolu- mental noise has been increasing; from a speech, voice, language or hear- tion; and I hope my colleagues would Whereas every day in the United States ap- ing disability. For the last 75 years, the support it. proximately 33 babies are born with signifi- month of May has been celebrated as I would add, Mr. Speaker, as we oc- cant hearing loss; National Better Hearing and Speech cupy time on the House floor today Whereas hearing loss is the most common doing not inconsequential things but congenital disorder in newborns; Month to help raise awareness on how Whereas a delay in diagnosing a newborn’s to prevent, mitigate and cure these im- things that do not directly have major hearing loss can affect the child’s social, pairments. positive impact on people’s lives, pass- emotional, and academic development; Communication is indispensable for ing resolutions like this, which I do Whereas the average age at which learning, working, playing, and enjoy- support, and using them to educate the newborns with hearing loss are diagnosed is ing family life and friendships. Chil- public about preventing and mitigating between 12 and 25 months; dren with listening difficulties due to and treating speech and hearing loss, I Whereas more than 1,000,000 children re- hearing loss continue to be an under- think this Congress needs to do more ceived speech or language disorder services on real health issues. That means under the Individuals with Disabilities Edu- identified and underserved population. cation Act (20 U.S.C. 1400 et seq.) during the The earlier the problem is diagnosed issues like prescription drugs, issues school year ending in 1998; and addressed, the less serious the like access to health care, issues like Whereas children with language impair- long-term impact. That is why I was so ensuring 40 million Americans are in- ments are 4 to 5 times more likely than their pleased that provisions relating to sured. Because to be sure, Mr. Speaker, peers to experience reading problems; hearing loss in infants were included in checking for hearing, doing screenings, Whereas 10 percent of children entering the the Children’s Health Act of 2000. My all of these things are programs that first grade have moderate to severe speech good friend from New York (Mr. we can do something about. disorders, including stuttering; WALSH) was instrumental in this effort. In addition to doing a resolution, I Whereas stuttering affects more than would hope this Congress would put 2,000,000 people in the United States; This resolution commended the 41 Whereas approximately 1,000,000 people in States that have implemented routine aside its fervor to cut taxes on the the United States have aphasia, a language hearing screening for every newborn wealthiest people and instead would be disorder inhibiting spoken communication delivered in a hospital. I am happy to using some of those resources for pre- that results from damage caused by a stroke report that my home State of Florida scription drugs, for hearing and speech or other traumatic injury to the language vigorously promotes this policy by screening, for all the kinds of things centers of the brain; and screening the newborns at all birthing that will make people’s health care Whereas for the last 75 years May has been facilities prior to discharge. Recent de- better and make people’s lives better. celebrated as National Better Hearing and Mr. Speaker, I reserve the balance of Speech Month in order to raise awareness re- velopments have shown that interven- garding speech, voice, language, and hearing tions to address auditory problems in my time. impairments and to provide an opportunity newborns greatly enhanced the success Mr. BILIRAKIS. Mr. Speaker, I yield for Federal, State, and local governments, rate in overcoming hearing-loss issues. such time as he may consume to the members of the private and nonprofit sec- Each adult and child with hearing loss gentleman from Kansas (Mr. RYUN), tors, speech and hearing professionals, and is affected differently, which is why it who not only is the author of this reso- the people of the United States to focus on is critical to detect hearing loss early lution but who has personally experi- preventing, mitigating, and curing such im- and to determine the extent of loss in enced this problem and who has shared pairments: Now, therefore, be it that with many of us over the years. Resolved by the House of Representatives (the order to intervene appropriately. Senate concurring), That Congress— This resolution encourages all Amer- Mr. RYUN of Kansas. Mr. Speaker, (1) supports the goals and ideals of Na- icans to have their hearing checked today I come to the House in support of tional Better Hearing and Speech Month; regularly and encourages individuals to the National Better Hearing and (2) commends the 41 States that have im- avoid environmental noise that can Speech Month. For 75 years, the month plemented routine hearing screenings for lead to hearing loss. of May has been designated as a time every newborn before the newborn leaves the Mr. Speaker, I urge my colleagues to to celebrate the hope available to hospital; support H. Con. Res. 358. Americans with speech and hearing im- (3) supports the efforts of speech and hear- pairments and to raise awareness about ing professionals in their efforts to improve Mr. Speaker, I reserve the balance of the speech and hearing development of chil- my time. the need to protect their hearing. dren; and Mr. BROWN of Ohio. Mr. Speaker, I Speech and hearing impairments im- (4) encourages the people of the United yield myself such time as I may con- pair the lives of many Americans. In States to have their hearing checked regu- sume. fact, almost 28 million people in the larly and to avoid environmental noise that Mr. Speaker, the National Institute United States suffer from a hearing can lead to hearing loss. of Deafness and Other Communication loss. One out of every three people in The SPEAKER pro tempore. Pursu- Disorders reports that some 40 million the United States of an age greater ant to the rule, the gentleman from people suffer from a speech, voice, lan- than 65 suffer some sort of a hearing Florida (Mr. BILIRAKIS) and the gen- guage, or hearing impediments. loss and every day in the United States tleman from Ohio (Mr. BROWN) each Many of these impairments are found approximately 33 babies are born with will control 20 minutes. at birth. Every day about 33 babies are significant hearing loss. April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1715 As someone who has had a hearing Those are the kinds of issues this his hard work and contributions as a impairment, I certainly know what a Congress should work on. Not to belit- co-chair of the bipartisan Congres- gift sound is, and I also know some of tle this resolution, which is important sional Hearing Health Caucus. Because the struggles that go along with find- to educate people on speech and hear- of his personal experience with hearing ing a proper hearing aid. My hearing ing loss, but this Congress needs to get loss, he brings firsthand knowledge of loss is as a result of an illness that I its act in gear and begin to deal with living with hearing loss to our caucus had as a child. It was discovered a time issues like prescription drugs and reim- and to the public as a whole. later, and then it was decades before I bursements issues for providers and all Thirteen years ago I began working could find the proper hearing devices to the kinds of public health issues that with the deaf and hard-of-hearing com- help me. this Republican Congress does not munity to craft legislation to have all My wife, Ann, served as my hearing seem too very interested in. infants screened for hearing loss at aid. She graciously helped me commu- The gentleman from Florida (Mr. birth. At that time, only three hos- nicate for years before I could find the BILIRAKIS), the chairman of our sub- pitals in the country had programs, solution that would help me and I committee, has done yeoman’s work in and only 3 percent of all infants born in could work with. trying to bring these issues forward. the United States were being screened. Many dedicated professionals have Unfortunately, the Republican leader- Since passage of the Newborn Infant assisted me over the years in my quest ship is not nearly so interested as Hearing Screening and Intervention to find the help I have sought. And I many of us are on the committee in Act of 1999, which gives States seed would like to thank them for the work moving forward on public health money through HRSA and CDC to set they have done in making not only my issues, on prescription drug issues, up their own screening and interven- life better but so many others. community health centers and commu- tion programs, we are now screening 66 For those who have yet to have a nity access programs and CDC, and all percent of infants born. This is remark- hearing loss and have good hearing, I the things that really will make a dif- able progress, and yet we have much urge you to avoid harsh environments ference beyond the passage of a few res- more to do. with noises that can damage your hear- olutions that this Congress seems in- Unfortunately, this year’s budget ing and cause permanent hearing loss. tent on doing week after week after zeros out funding at HRSA for these Any sounds over 85 decibels can dam- week. programs and basically level-funds the age your hearing. For example, listen- programs at CDC. I am working very ing to an ambulance siren for 9 sec- b 1630 closely with my fellow caucus co- onds, a smoke alarm for a minute and Mr. Speaker, I reserve the balance of chairs, the gentleman from Kansas a half, or airplane cabin noise for a my time. (Mr. RYUN), the gentlewoman from couple of minutes can damage your Mr. BILIRAKIS. Mr. Speaker, I yield California (Mrs. CAPPS), and the gentle- hearing. And I will say it is not re- myself such time as I may consume. woman from New York (Mrs. MCCAR- traceable. It is much easier to protect Before I yield to the gentleman from THY), to ensure that this critical pro- your hearing now than to suffering New York (Mr. WALSH), I would thank gram receives additional appropria- from hearing impairments. the gentleman from Ohio (Mr. BROWN) tions so that we can screen all chil- I urge my colleagues to support May for his kind remarks. Certainly I do dren. as National Better Hearing and Speech not disagree with them. I think it is The science in this area is clear. By Month. It would be an encouragement important that all of us, rather than identifying children with hearing loss not only to your constituents but those just a lot of rhetoric, sit down and try by age 3 months and beginning inten- who suffer some sort of hearing and to work these things out, and if we sive intervention by age 6 months, speech impairment back in the dis- have basically hard, fast, nonobjective these children can and do develop com- trict, as well as those dedicated profes- thoughts about how things ought to be, munication skills on par with their sionals who have worked together to nothing is ever going to get done. normal hearing counterparts by the help make this a better field. I dare say that the gentleman from Mr. BROWN of Ohio. Mr. Speaker, I time they are ready to enter school. Ohio is not among the category of yield myself 2 minutes. The next step is to ensure that children Mr. Speaker, speaking earlier today, some people who would rather have an identified get appropriate interven- in fact, walking over from my office in issue November. I really feel with my tions through the medical, Rayburn to the House floor to work heart that he wants to do something audiological, educational and commu- with the gentleman from Florida (Mr. about these things, and hopefully, nity support systems. All of these com- BILIRAKIS) on the Ryun legislation working together, we can accomplish ponents are equally important. today, and I was talking to some peo- it. Before I close, I want to invite all of ple whose families have Alzheimer’s, Mr. Speaker, I yield such time as he my colleagues to a hearing health fair who are advocating for Alzheimer’s pa- might consume to the gentleman from to be held on Wednesday, May 8, 2002, tients, again, this Congress is falling New York (Mr. WALSH), the author of from 11:00 a.m. to 1:00 p.m. in the Ray- short on substantive kinds of issues to the hearing bill in the year 2000, who burn House Office Building foyer. At help people with Alzheimer’s. There are along with the gentleman from Kansas this event our Federal agency counter- some four or five million people suf- (Mr. RYUN) has really been the con- parts, as well as several advocacy fering from Alzheimer’s today. science of the Congress on this issue. groups, will have representatives at If we do not do the research right, if Mr. WALSH. Mr. Speaker, I thank booths to meet with anyone needing in- we do not take care of those people the gentleman from Florida (Mr. BILI- formation on hearing health issues. I well enough, that number is going to RAKIS) for the leadership that he pro- encourage everyone to attend as this be as high, they say, in the next few vides in this Congress on health issues will be a wonderful opportunity to have years as 14 million patients. and especially those that affect chil- questions answered on anything from We are falling short on what we are dren. hearing aids to testing and living with doing for community health centers I would respectfully disagree with my hearing loss. and the National Health Service Corps, colleague from Ohio who spoke earlier. While most of my comments have fo- from the Community Access Program There is no partisanship in this issue. cused on infants with hearing loss, the that my friend, the gentleman from There is great leadership on both sides issue affects people of all ages. Regard- Texas (Mr. GREEN), has worked on, the of the aisle from both parties. Our less of whether hearing loss is genetic, Chronic Disease Prevention program health is something we all hold in com- disease-based, a function of the aging with CDC, nurses shortage, pharmacist mon. process or of unknown etiology, most shortage, the problems with home I rise today in strong support of H. people can be helped to maximize their health care reimbursement, the prob- Con. Res. 358 designating May 2002 as hearing capabilities and communica- lems with physician reimbursements, National Better Hearing and Speech tion skills, and I encourage my col- the problems with hospitals, especially Month. I commend my colleague, the leagues to take the opportunity to get rural hospital and inner-city hospitals gentleman from Kansas (Mr. RYUN), for a hearing screening during National reimbursement. introducing this resolution and also for Better Hearing and Speech Month. H1716 CONGRESSIONAL RECORD — HOUSE April 30, 2002 Mr. Speaker, in closing, I would just foundly deaf and need a cochlear implant, and Alaska Natives, Asians, and Pacific Island- like again to thank the gentleman 8,000 need hearing aids. Unless a child gets ers, compared to the United States popu- from Florida (Mr. BILIRAKIS) for his medical attention by the time they are two, lation as a whole; leadership. He is one of the newest Whereas minorities are more likely to die permanent damage is done to his or her lan- from cancer, cardiovascular disease, stroke, members of the Health Hearing Caucus. guage and speech. chemical dependency, diabetes, infant mor- We are delighted that he is and we urge A newborn hearing test is simple and easy, tality, violence, and, in recent years, ac- him to continue his important leader- and only costs $35. Our babies are subjected quired immunodeficiency syndrome; ship. to batteries of other tests, and I think it’s cru- Whereas there is a national need for sci- Mr. DINGELL. Mr. Speaker, for 75 years, cial for this one to be included. entists in the fields of biomedical, clinical, May has been designated Better Hearing and As a founding member of the Congressional behavioral, and health services research to Speech Month. With an estimated 42 million Hearing Caucus, I am extremely proud of H. focus on how best to eliminate health dis- Americans affected by speech, language, and parities; Con. Res. 358. Not only does this resolution Whereas individuals such as underrep- hearing disorders, audiologist and speech lan- support the goals and ideals of National Better resented minorities and women in the work- guage pathologist have made a special effort Hearing and Speech Month, it calls attention force enable society to address its diverse during this month to inform, educate, and raise to and commends the 41 states that have im- needs; and awareness about this critical health care issue. plemented routine hearing screenings of every Whereas behavioral and social sciences re- It is estimated that one in six Americans has newborn before the baby leaves the hospital. search has increased awareness and under- a hearing, speech, or language problem—a The resolution also supports the efforts of standing of factors associated with health condition that makes it difficult to communicate speech and hearing professionals to improve care utilization and access, patient attitudes with others. An impairment of the ability to toward health services, and risk and protec- the speech and hearing development of chil- tive behaviors that affect health and illness, hear, speak, or understand effectively can af- dren and encourages all Americans to have and these factors have the potential to be fect anyone, of any age, at any time. If left un- their hearing checked regularly and to avoid modified to help close the health disparities treated these problems can limit a person at environmental noise that can lead to hearing gap among ethnic minority populations: home, school, and work. With proper treat- loss. Now, therefore, be it ment, however, the isolating effects of commu- All across the United States, people are try- Resolved by the House of Representatives (the nication disorders can be minimized or com- ing to make a difference. I commend everyone Senate concurring), That it is the sense of the pletely eliminated. in the speech and hearing community for their Congress that— As with most health care conditions, it is education and awareness efforts, as well as (1) a National Minority Health and Health critical that communication disorders be diag- Disparities Month should be established to the extraordinary level of care and medical at- promote educational efforts on the health nosed early. As the most common congenital tention they give to their patients. problems currently facing minorities and birth defect, hearing loss can severely affect a Mr. BROWN of Ohio. Mr. Speaker, I other health disparity populations; child’s social, emotional, and academic devel- have no further requests for time, and (2) the Secretary of Health and Human opment. That is why I urge all 50 states to fol- I yield back the balance of my time. services should, as authorized by the Minor- low the example of my home state of Michi- Mr. BILIRAKIS. Mr. Speaker, I do ity Health and Health Disparities Research gan, and implement routine hearing screens not have any further requests for time, and Education Act of 2000, present public for every newborn before they leave the hos- and I yield back the balance of my service announcements on health promotion pital. Also, hearing loss among Americans age and disease prevention among minorities and time. other health disparity populations in the 65 and over affects one out of three people, The SPEAKER pro tempore (Mr. United States and educate the public and but without effective screening, many are con- WALDEN of Oregon). The question is on health care professionals about health dis- demned to suffer in silence. We must seek the motion offered by the gentleman parities; comprehensive hearing screening for all Amer- from Florida (Mr. BILIRAKIS) that the (3) the President should issue a proclama- icans. House suspend the rules and agree to tion recognizing the immediate need to re- Therefore, I support this resolution recog- the concurrent resolution, H. Con. Res. duce health disparities in the United States nizing May as Better Hearing and Speech 358. and encouraging all health organizations and Americans to conduct appropriate programs Month and urge the people of the United The question was taken; and (two- States to focus on preventing, mitigating, and and activities to promote healthfulness in thirds having voted in favor thereof) minority and other health disparity commu- curing communication disorders. the rules were suspended and the con- nities; Mrs. MCCARTHY of New York. Mr. Speak- current resolution was agreed to. (4) Federal, State, and local governments er, I rise today in support of H. Con. Res. 358 A motion to reconsider was laid on should work in concert with the private and and in celebration of May, National Better the table. nonprofit sector to emphasize the recruit- Hearing and Speech Month. ment and retention of qualified individuals f Did you know that 28 million people in the from racial, ethnic, and gender groups that United States today suffer from hearing loss, ESTABLISHING A NATIONAL MI- are currently underrepresented in health and 16 million people have a speech or lan- NORITY HEALTH AND HEALTH care professions; guage disorder? 42 million people have a DISPARITIES MONTH (5) the Agency for Healthcare Research and Quality should continue to collect and report speech, language, voice or hearing impedi- Mr. BILIRAKIS. Mr. Speaker, I move data on health care access and utilization on ment. Hearing loss is the most common con- to suspend the rules and agree to the patients by race, ethnicity, socioeconomic genital disorder found in newborns, and ten concurrent resolution (H. Con. Res. 388) status, and where possible, primary lan- percent of children entering the first grade suf- expressing the sense of the Congress guage, as authorized by the Minority Health fer from mild speech disorders like stuttering. that there should be established a Na- and Health Disparities Research and Edu- As a nurse, I know the issue of speech and tional Minority Health and Health Dis- cation Act of 2000, to monitor the Nation’s progress toward the elimination of health hearing health affects many different people, parities Month, and for other purposes. from infants to adults to senior citizens. You care disparities; and The Clerk read as follows: (6) the information gained from research can be born with a disorder, or you can de- H. CON. RES. 388 about factors associated with health care velop one later in life due to late onset of a Whereas in 2000, the Surgeon General of utilization and access, patient attitudes to- specific impediment, a stroke or traumatic the Public Health Service announced as a ward health services, and risk and protective event. But many Americans don’t realize the goal the elimination by 2010 of health dis- behaviors that affect health and illness, extent to which our society deals with speech parities experienced by racial and ethnic mi- should be disseminated to all health care and hearing disorders. That is why, since norities in health access and outcome in 6 professionals so that they may better com- 1927, the speech and hearing community has areas: infant mortality, cancer screening, municate with all patients, regardless of celebrated May as a month to increase na- cardiovascular disease, diabetes, acquired race or ethnicity, without bias or prejudice. tional awareness of this health problem. immunodeficiency syndrome and human im- The SPEAKER pro tempore. Pursu- As a nurse, I understand the importance of munodeficiency virus infection, and immuni- ant to the rule, the gentleman from zations; Florida (Mr. BILIRAKIS) and the gen- getting the right healthcare immediately, espe- Whereas despite notable progress in the cially when it comes to our children. Deafness overall health of the Nation there are con- tleman from Ohio (Mr. BROWN) each is the most common birth defect; that out of tinuing health disparities in the burden of will control 20 minutes. the 12,000 babies born in the U.S. each year illness and death experienced by African- The Chair recognizes the gentleman with hearing loss, 4,000 of them are pro- Americans, Hispanics, Native Americans, from Florida (Mr. BILIRAKIS). April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1717 GENERAL LEAVE flect that fact, but we have major work have had higher levels of cancer, car- Mr. BILIRAKIS. Mr. Speaker, I ask to do. diovascular disease, stroke, diabetes unanimous consent that all Members Minority populations have higher and infant mortality. This is more may have 5 legislative days within rates of cancer, higher rates of heart than a misfortune. It is a systemic which to revise and extend their re- disease, especially higher rates of dia- emergency that we must view as a call marks and include extraneous material betes, higher rates of HIV/AIDS. Mi- to action. on H. Con. Res. 388. norities have shorter life expectancies, Hippocrates recognized the impor- The SPEAKER pro tempore. Is there higher infant mortality rates and a tance of quality health care over 2400 objection to the request of the gen- high, much too high, incidence of pre- years ago when he said, ‘‘A wise man tleman from Florida? mature death. Minorities are less like- should consider that health is the There was no objection. ly in this health care system to receive greatest of human blessings.’’ Let us Mr. BILIRAKIS. Mr. Speaker, I yield cancer screening and monitoring. Mi- make sure that all Americans have ac- myself such time as I may consume. norities are less likely to receive child- cess to the care they need to sustain a Mr. Speaker, today I rise in support hood and adult vaccinations. healthy life. of H. Con. Res. 388. Thanks to numer- Unless we initiate changes explicitly I thank the gentlewoman from the ous medical advances, Americans are aimed at reducing disparities in health Virgin Islands (Mrs. CHRISTENSEN) for healthier than they have ever been be- and health care, those disparities will sponsoring this resolution with me, fore. persist. This resolution is a good start. and I urge my colleagues to support Unfortunately, not all Americans Among other things, it would encour- our legislation to increase the level of have equally shared in this progress. age the establishment of the Minority attention America pays to minority During the 106th Congress, the Com- Health and Health Disparities Month. health disparities. With a heightened mittee on Commerce, Subcommittee It asks the Secretary to deliver public level of awareness, we can make our on Health and Environment, which I service announcements on health pro- country a healthier Nation and better chaired, reviewed the health disparities motion and disease prevention among the lives of all her citizens. that persist between minority groups minorities. It encourages governments Mr. BROWN of Ohio. Mr. Speaker, I and the non-Hispanic white population. to work with the private sector to re- yield 5 minutes to the gentlewoman Hepatitis C, heart disease, diabetes, cruit and to retain qualified individ- from the Virgin Islands (Mrs. lupus, lung cancer and cervical cancer uals from racial and ethnic and gender CHRISTENSEN) who is the sponsor of this are but a few of the diseases that dis- groups underrepresented in health care resolution. proportionately affect minorities in professions. (Mrs. CHRISTENSEN asked and was this country. Mr. Speaker, I want to thank the given permission to revise and extend Congress took an important step for- gentlewoman from the Virgin Islands her remarks.) ward in addressing health disparities (Mrs. CHRISTENSEN) for sponsoring this Mrs. CHRISTENSEN. Mr. Speaker, I when it passed the Minority Health and resolution. I urge my colleagues to sup- thank the gentleman from Ohio (Mr. Health Disparities Research and Edu- port it. BROWN) for yielding me the time. cation Act of 2000 late in the 106th Con- Mr. Speaker, I reserve the balance of I am pleased to rise in support of H. gress. This important legislation cre- my time. Con. Res. 388, expressing the sense of ated a new National Center on Minor- Mr. BILIRAKIS. Mr. Speaker, I am Congress that there should be estab- ity Health and Health Disparities pleased to yield such time as he may lished a National Minority Health and which coordinates biomedical and be- consume to the gentleman from Okla- Disparities Month, and I want to begin havioral research on these issues at the homa (Mr. WATTS), one of our Repub- by expressing my gratitude to my co- National Institutes of Health. I was lican leaders who has been so very sponsors of the resolution, my col- pleased to move this legislation much involved in this legislation but leagues, Chairman of the House Repub- through my subcommittee and support also the legislation we passed in the lican Conference, the gentleman from it on the House floor. last Congress. Oklahoma (Mr. WATTS), and chairman Among other things, the resolution Mr. WATTS of Oklahoma. Mr. Speak- of the Subcommittee on Workforce we are considering today would call for er, I appreciate the gentleman from Protections of the Committee on Edu- the establishment of a National Minor- Florida (Mr. BILIRAKIS) yielding me the cation and the Workforce, the gen- ity Health and Health Disparities time. tleman from Georgia (Mr. NORWOOD) Month to focus educational efforts on Mr. Speaker, I rise to support and in- for their willingness to join me in put- the health problems disproportionately crease the awareness of a very serious ting this important resolution forward. affecting minorities. It also calls on problem in our Nation today. Despite I also want to thank the gentleman the Secretary of Health and Human so much progress in the field of medi- from Florida (Mr. BILIRAKIS) and the Services to develop public service an- cine, there is a significant discrepancy gentleman from Ohio (Mr. BROWN) for nouncements on health promotion and in the health of ethnic minorities com- their support in making it possible to disease prevention. Finally, H. Con. pared to the rest of our American popu- bring this resolution to the floor of the Res. 388 calls for dissemination of in- lation. The silent reality should spur House today. formation that would help health care more than indignation. The facts and Mr. Speaker, pick any minority com- professionals communicate in a cul- statistics that make up this crisis munity across our great Nation or any turally sensitive manner with all of must be a wake-up call to all of us, re- of our Nation’s rural areas and the re- their patients. gardless of the color of our skin. ports will be the same. Minorities and Raising awareness of existing health The resolution before the House people living in those rural areas, of all disparities is necessary to improving today aims to raise the level of aware- races and ethnicities, are dying of pre- the overall health and well-being of the ness to the disparity of health care ventable diseases in alarmingly exces- American people. Mr. Speaker, I urge concerning members of minority com- sive numbers. Heart disease, hyper- my colleagues to support H. Con. Res. munities. It calls for a dedicated tension, HIV/AIDS, cancer, diabetes, 388. month of minority health care recogni- stroke and kidney disease predominate Mr. Speaker, I reserve the balance of tion, urges the Secretary of Health and as the leading causes of death in these my time. Human Services to develop public serv- groups in far greater numbers than Mr. BROWN of Ohio. Mr. Speaker, I ice announcements on health pro- that of white suburban or urban Amer- yield myself 2 minutes. motion and disease prevention among ica. I rise in support of the Christensen minorities, requests the President to In addition, substance abuse and di- resolution. Our values and success as a issue a proclamation on minority minished mental health continue to Nation are a function of multiple races, health care, and encourages better use take a staggering toll on many individ- multiple ethnicities and multiple cul- of data and statistics in order to help uals in this group and undermine the tures. The Nation’s health care system, eliminate health disparities. well-being of our communities. our medical research, our medical edu- Hispanics, black Americans, Indians This resolution in establishing a spe- cation and our medical care, should re- and other members of racial minorities cial month of focus on this national H1718 CONGRESSIONAL RECORD — HOUSE April 30, 2002 tragedy will hopefully forge a national man of the Workforce Protections Sub- Native American elders are 173% more like- resolve to close these gaps through in- committee of the Education and the Workforce ly to experience diabetes than the general creasing the awareness that gross dis- Committee, CHARLIE NORWOOD, for their will- population; parities in health care continue to ingness to join me in putting this important African Americans and other people of color exist for people of color and those in resolution forward. are likely to seek care later and die in greater our rural areas, which disrupt families, I also want to thank the Chairman and numbers from cancer. damage community and threaten our Ranking Member of the Energy and Com- This is particularly true for African Ameri- national security. merce Committee for their support in making cans, whose men, for example, are 2 to 3 1645 it possible for the resolution to be on the floor times as likely to die of prostate cancer as of the House today. white men. While this resolution is only a begin- Mr. Speaker, pick any minority community According to the national Kidney Founda- ning, I am pleased and honored to have across our great country, whether it be Cali- tion, African Americans, Asian and Pacific Is- had a role in bringing it to the floor fornia or Virginia, New York or Texas, the U.S. landers and Hispanics are three-times more today, because the existence and the Virgin Islands or Illinois or any of our nation’s likely to suffer from end-stage renal disease— impact of the centuries of disparities rural areas and the reports will all be the complete failure of the kidneys to function— in health is a dark blot on this coun- same: Minorities and people living in our rural than whites. try’s legacy, and it must be erased. areas, of all races and ethnicities, are dying of In my own district, the U.S. Virgin Islands, Achieving this important goal will preventable diseases in alarmingly excessive we have the highest adjusted mortality rate for not only take a strong and unwavering numbers. Heart disease, hypertension, HIV/ circulatory disease (namely heart disease and commitment, but also a significant in- AIDS, cancer, diabetes, stroke and kidney dis- hypertension) in the Americas. vestment, which would yield immeas- ease predominate as the leading causes on Our nation’s poor, who are more likely to be urable dividends in terms of the health the death certificates these groups in far rural or of color are more likely to be living of our constituents and our Nation. To greater numbers than that of white suburban with mental illness, and be untreated. do otherwise would result in dire con- or urban America. These are just a few of many areas where sequences of monumental and far- In addition, substance abuse and diminished disparities are rampant. reaching threats, not only to the finan- mental health continue to take a staggering Why is this so? One leading health expert at cial stability of this Nation, but also to toll on many individuals in this group, and un- the National Institutes of Health has repeat- our collective productivity, global dermine the well-being of our communities. edly pointed out that health or lack of it is in- competitiveness, and our defense ca- This resolution in establishing a special fluenced by three factors, behavior, genetics pacity. These are risks we cannot af- month of focus on this national tragedy, will and environment. ford and must not take. hopefully forge a national resolve to close While there is much in the news today While health is influenced by only these gaps through increasing the awareness about the role of genetics in the diseases that three factors, genetics, environment that gross disparities in health care continue to we all face, the evidence is that it plays only and behavior, it is my belief that there exist for people of color and those in our rural a small part. has been too much focus on the behav- areas, which disrupt families damage commu- Today, we are learning more about the rela- ior as individuals and not enough on nities and threaten our national security. tionship between health and the environment, the behavior of institutions that are While this resolution is only a beginning, I which requires more attention as we can di- supposed to serve us and the system am pleased and honored to have had a role rectly seek redress of those issues. And while that is supposed to provide us with in bringing it to the floor today, because the some point to the fact that many of us in com- health care. Just this past spring, fol- existence and impact of the centuries of dis- munities of color wait too long to seek treat- lowing on three other important re- parities in health is a dark blot on this coun- ment, eat the wrong foods, don’t exercise or ports, failure to collect needed health try’s legacy, and must be erased. that we continue to smoke or engage in high data by race and ethnicity by Summit Achieving this important goal will not only risk behavior, there are other significant fac- Health, a health care quality survey by take strong, and unwavering commitment, but tors, which continue to lead to early death in the Commonwealth Fund, and another also a significant investment, which would our families which until now have largely been on language interpretation in health yield immeasurable dividends, in terms of the ignored. care settings by the National Health health of our constituents and of our nation. It is my belief that there has been too much Law Program, the Institutes of Medi- To do otherwise would result in dire con- focus on our behavior as individuals and as a cine, following on those, released a sequences of monumental and far reaching community and not enough focus on the be- hard-hitting eye-opening report enti- threats not only to the financial stability of this havior of the institutions that are supposed to tled Unequal Treatment: Confronting nation, but also to our collective productivity, help to serve us, and the system that is sup- Racial and Ethnic Disparities in Health global competitiveness, and our defense ca- posed to provide us with healthcare. Care. pacity—Risks we cannot afford and must not Just this last spring, following on three other Mr. Speaker, I am grateful for the op- take. important reports, on failure to collect needed portunity that H. Con. Res. 388 pro- Let me share some statistics, but let us health data by race and ethnicity by SHIRE, vides to highlight the disparities in never forget that each number represents a and a Health Care quality survey by the Com- health care experienced by racial and real person, who is a part of a real and living monwealth Fund, and one on the need for lan- ethnic minorities in our country and in family and a community that needs him to her guage interpretation in health care settings by our rural communities. The impor- to be a part; the National Health Law Program, the Insti- tance of such a month cannot be over- Around 40 million Americans have no health tutes of Medicine at the National Academy of estimated. Again, I want to thank my insurance of which 50% are minorities. Sciences released a hard hitting, eye opening colleagues for their cosponsorship and Rural populations which are disproportion- report entitled; Unequal Treatment: Con- support, and I urge everyone to support ately poor, uninsured and underserved com- fronting Racial and Ethnic Disparities in its passage and hope in doing so it will pared to urban populations, and whose resi- Healthcare. serve as a catalyst to recommit all of dents are often eligible but unenrolled in pub- Mr. Speaker, I ask to submit testimony and us to the creation of a health care sys- licly sponsored programs are also at particular summaries of these reports and one from the tem in this country where there are risk. Kaiser Family foundation, which expand on disparities for none and equity in ac- This lack of coverage alone, results in these issues into my statement, into the cess for all. 83,000 deaths every year. record. Mr. Speaker, I am pleased to rise in support HIV/AIDS has become primarily a disease In this review of all current research and re- of H. Con. Res. 388, expressing the sense of and epidemic of communities of color: In 2002 ports on health care delivery in this country Congress that there should be established a the rate of reported AIDS cases among Afri- tells an ugly story of health care deferred and national Minority Health and Health Disparities can Americans was 8 times the rate for whites denied simply because of race, ethnicity and Month. and 2 times the rate for Hispanics, which was language. I want to begin by expressing my gratitude about three times that of whites. Mr. Speaker, I am greatful for the oppor- to my cosponsors of the resolution, my col- All minorities except Alaska Natives have a tunity that H. Con. Res. 388 provides to high- leagues, the Chairman of the House Repub- prevalence of type 2 diabetes that is 2 to 6 light the disparities in health care experienced lican Conference, JC WATTS and the Chair- times greater than that of the white population. by racial and ethnic minorities in our country. April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1719 The importance of such a month and the of a comprehensive review of the literature and the challenge we face is one of public need to have one is underscored by the re- by Robert Mayberry and colleagues from the perceptions as well as reality. Not surpris- minder just today at a briefing on the hill from Morehouse School of Medicine, undertaken ingly, some of the misperceptions of the pub- about a year ago with funding support from lic are also found among providers of care. Dr. Brian Smedley of the Institute of Medicine the Foundation. Second, there is a common perception that that the issue of disparities is one of life and While there are some who will question disparities in medical care are largely a re- death, and testimony from Dr. Marsha Lillie whether the racial/ethnic differences in the sult of patient characteristics (their finan- Blanton, Vice President for Health Policy of studies cited by IOM are real or a function of cial resources, education, help-seeking be- factors not well-measured, the IOM report the Henry J. Kaiser Family Foundation at our havior, preferences for care). This perception should help to shift the research focus from recent hearing, who stated in a representative persists despite an abundance of studies that documenting disparities to investigating survey sample, that most Americans, including control for patient level characteristics (e.g., their underlying causes and the impact of people of color did not know that Blacks gen- as measured by income, education, severity interventions. Investigating the underlying of health condition). There are fewer studies erally fare worse than whites in terms of infant causes will be a challenge in large part be- mortality or that Latinos are less likely than cause the influence of race on the health that have assessed patient preferences for Whites to have health insurance as well as care system is deeply intertwined with other care, but some offer insight on this issue. In other important facts about health disparities. forces—especially economic and educational a study of the quality of medical care pro- To further aggravate an already bad condition, opportunities—that shape life in America. vided for congestive heart failure and pneu- monia—two common health problems in some of the same misperceptions are shared Disentangling this web of interrelated fac- tors should be helpful in developing more which the care is fairly low-tech and thus as- by health care providers. sumed to be influenced less by patient Again I want to thank my colleagues for targeted interventions, but pursuing that re- search agenda need not delay efforts to ad- choice—Harvard University researchers, their cosponsorship and support. dress those factors now known to create a Ayanian and colleagues, found that elderly I urge my colleagues to support its passage barrier in obtaining greater equity in access black patients with Medicare received lower and hope that in so doing it will serve as the to quality medical care. quality care than whites based on defined catalyst to recommit all of us to the creation of As noted in the IOM report, many factors clinical criteria. Similar findings were ob- a health care system where there are dispari- likely contribute to racial/ethnic disparities served for women relative to men. The anal- ties for none and equity in access for all. in medical care, including patient, provider, ysis adjusted for age, income, and hospital Mr. Speaker, I submit the summary and health system related factors. Dif- teaching status and used the Rand appro- report I referred to earlier for the ferences in the extent of health insurance priateness criteria to assess health need. coverage (see Figure 1) are perhaps the most RECORD. Perceptions of a problem often influence widely recognized of factors, other than the actions taken (or not taken) to change ELIMINATING RACIAL/ETHNIC DISPARITIES IN health needs, that account for variations in policy and practices. If the public is unaware MEDICAL CARE: PROGRESS AND CHALLENGES the medical care obtained. The uninsured are that a problem exists or misunderstands the MARSHA LILLIE-BLANTON, DRPH, VICE-PRESI- less likely than those who are insured to get nature of the problem, it will be difficult to DENT, HEALTH POLICY, THE HENRY J. KAISER appropriate care. However, evidence of ra- mount effective efforts to address that prob- FAMILY FOUNDATION, FOR HEARING ON THE cial/ethnic differences among individuals lem. Societal change requires a public under- STATUS AND PROGRESS OF THE DEPARTMENT who are similarly insured is particularly dis- standing and willingness as well as the re- OF HEALTH AND HUMAN SERVICES INITIATIVE turbing since health coverage is considered sources to address the problem. TO ELIMINATE RACIAL AND ETHNIC HEALTH the ‘‘great equalizer’’ in the health system. DISPARITIES In a recent study by Johns Hopkins Univer- Strengthening the Federal response THE CONGRESSIONAL BLACK CAUCUS, THE CON- sity researchers Daumit and Powe, the racial In 1999, the U.S. Department of Health and GRESSIONAL HISPANIC CAUCUS, AND THE CON- disparity in cardiac procedures among men Human Services (DHHS), under the leader- GRESSIONAL ASIAN PACIFIC AMERICAN CAUCUS and women was sharply reduced when pa- ship of former Surgeon General, Dr. David tients with chronic renal disease qualified APRIL 12, 2002 Satcher, took a bold step in announcing a for Medicare. However, this study also found Good morning. First, I’d like to thank the national initiative to eliminate health dis- that even after enrolling in Medicare, black members of the Congressional Black Caucus parities in six health areas by 2010. The Con- men with chronic renal disease were less (CBC), the Congressional Hispanic Caucus gress provided important leadership to this likely to undergo invasive cardiac proce- (CHC), and the Congressional Asian Pacific effort by legislatively mandating the IOM dures than white men who were of similar American Caucus (CAPAC) for holding to- study of health care disparities, creating in age, clinical characteristics, and other socio- day’s hearing on the status and progress of statute a Center on Minority Health and demographic factors (see Figure 2). This the Department of Health and Human Serv- Health Disparities at the National Institutes study provides strong evidence that race— ices’ initiative to eliminate racial and ethnic on Health (NIH), and requiring DHHS in 2003 independent of other factors—is associated health disparities. I am Marsha Lillie- to annually produce a report on the nation’s with the medical care obtained. Blanton, a vice-president of the Henry J. progress in reducing health care disparities Kaiser Family Foundation and director of Why such a challenging problem to address as a companion to the National Healthcare the Foundation’s work on access to care for Efforts to address racial inequalities Quality Report. vulnerable populations. throughout varying sectors of society are From the leadership of the former Surgeon The recently released IOM report, Unequal challenging for many different reasons, in- General and the Congress have come a num- Treatment, has helped to refocus the na- cluding the troubling history of race rela- ber of DHHS agency-wide related efforts, in- tion’s attention on racial and ethnic dispari- tions in America. However, misperceptions cluding the establishment of Healthy People ties in medical care. The problem is by no about the nature and extent of the problem 2010 goals that are the same for everyone, re- means new, but seldom gets priority atten- in the health care system adds a new level of gardless of race/ethnic identity. Also, DHHS tion in public policy discussions around the complexity to efforts to eliminate health agencies have developed strategic plans for health care system. Few would disagree that and health care disparities. The battle we their efforts to eliminate disparities and for most of this nation’s history, race has are waging is with perceptions, as well as the have funded new initiatives—both research been a major factor in determining if and reality of life in America. Two issues, in par- and interventions—to address disparities. where medical care was obtained; however, ticular deserve note. Most relevant to eliminating health care dis- its influence today has become more subtle. First, the public has a marginal, at best, parities are the nine centers of excellence Public policy efforts, most notably the en- awareness of racial/ethnic disparities in our grants of the Agency of Healthcare Research actment of Medicaid and Medicare and en- health system. In a 1999 national survey of a and Quality (AHRQ), which are financed forcement of the 1964 Civil Rights Act, have representative sample of about 4,000 adults, through funds of AHRQ and NIH. These ini- made an enormous difference in reducing the we learned that most Americans, including tiative also have served as the catalyst for a health care divides for some of this nation’s people of color, didn’t know that blacks gen- number of foundation and other private sec- most vulnerable populations. So much erally fare worse than whites in terms of in- tor efforts to reduce disparities. progress has been achieved that many tend fant mortality, or that Latinos are less like- to think that the problems that remain are ly than whites to have health insurance— These efforts are an incredibly important inconsequential. two indicators that have received consider- start. Government, however, can and should The IOW report provides compelling evi- able attention in the media. The survey also do more. The interventions recommended by dence to the contrary. After an extensive re- found that a significant majority of whites the IOM report are critical next steps. More- view of the research, IOM concluded that perceive that African Americans and Latinos over, the DHHS initiative now appears to there is a ‘‘preponderance’’ of evidence that get the same quality of care as they do; how- lack visible senior leadership to direct and racial and ethnic disparities in medical care ever, the majority of African Americans and garner support for the efforts underway in persist for a number of health conditions and Latinos perceive that they get lower quality the various agencies. Such leadership is es- services, some of which may contribute to care than whites (see Figure 3). These find- sential for such a controversial initiative. To the poorer health outcomes of people of ings make it clear that the public’s knowl- strengthen the federal response the initia- color. The findings are consistent with those edge about disparities should not be assumed tive also will require, at the very least: H1720 CONGRESSIONAL RECORD — HOUSE April 30, 2002 First, a strategic linking of the work to ex- erage, though necessary, are not sufficient. issue that must be addressed. It would isting Department efforts around improving The IOM report provides a blueprint for com- establish a National Minority Health the quality of medical care and patient safe- prehensive reform to close the racial/ethnic and Health Disparities Month and calls ty. divide in the health system. for the government, private and non- Initiatives on quality and patient safety Thank you for the opportunity to testify. I have new dollars and the attention of clini- welcome any questions. profit sectors, and the medical commu- nity to promote educational efforts, cians and policymakers. It would be a missed Mr. BILIRAKIS. Mr. Speaker, I con- opportunity if the medical care needs and perform research, and conduct health concerns of people of color are not well inte- tinue to reserve the balance of my care programs so that we may end grated into the plans for research and new time. health care disparities. interventions in these areas. Also, efforts re- Mr. BROWN of Ohio. Mr. Speaker, I I urge my colleagues to support this garding disparities appear to be competing yield 4 minutes to the gentlewoman resolution and work toward the elimi- for scare new resources. The view that fo- from Texas (Ms. EDDIE BERNICE JOHN- cused efforts need new resources rather than nation of racial and ethnic disparities SON), Chair of the Congressional Black in health care so that we can have an integration and allocation of some of the Caucus, who also is a nurse. existing resources will hamper the short- some good news to share in the future. term progress that can be achieved. This Ms. EDDIE BERNICE JOHNSON of Mr. BILIRAKIS. Mr. Speaker, I con- shift in direction will be no small feat to ac- Texas. Mr. Speaker, let me express my tinue to reserve the balance of my complish since DHHS staff and funded appreciation for those who have helped time. projects focused on quality issues and those to work on this resolution, because it Mr. BROWN of Ohio. Mr. Speaker, I focused on racial disparities generally are is one that hopefully will start the ball yield 3 minutes to the gentlewoman moving on separate tracks without much rolling in getting some corrective ac- from the District of Columbia (Ms. collaboration. tion taken. Second, an improvement of the informa- NORTON). tion systems and the data used to answer I stand before my colleagues today as Ms. NORTON. Mr. Speaker, I thank questions about the health and medical care a former health care professional to the gentleman for yielding me this use of people of color. share really disturbing news. Sadly, in time, and I want to congratulate the DHHS has an important role to play in the year 2002, decades after the end of gentlewoman from the Virgin Islands data collection and analysis. One reason we legal segregation, inequality based on (Mrs. CHRISTENSEN) for her continuing know so little about the health of Latinos, race and ethnicity exists within our work as chair of the CBC Brain Trust Asians, and Native Americans is that we health care system. African Americans simply have not collected the data. Even and for bringing her practice of medi- most national surveys that now over-sample are 30 percent more likely to die of cine, which she had to leave in order to African Americans and Latinos to produce heart disease and cancer than Anglo become a Member of the House, right reliable estimates are unable to provide esti- Americans. Hispanics are more likely into this House in the way in which she mates for Asian ethnic subgroups or Native to be diagnosed with a chronic disease fastens our attention on health care, Americans. Further complicating an assess- or a condition such as a heart attack, and particularly for improved health ment of disparities is that many health plans diabetes, or cancer than Anglo Ameri- care for minorities. serving privately and publicly insured en- cans. Infant mortality rates are more But I have to say, Mr. Speaker, when rollees (whether in fee-for-service or man- than twice as high for African Ameri- aged care arrangements) do not collect data they give you a whole month, it is be- on the race and ethnicity of their patients. cans than Anglo Americans. In 2000, 47 cause of what you do not have. And DHHS must encourage the collection of data percent of all HIV/AIDS cases reported what minorities in this country do not in the private sector and collect and analyze in the U.S. were among African Ameri- have is health. And that is like saying the data on those who are publicly insured. cans and 21 percent among Hispanics. what you do not have is the difference Third, a continuation of the Department’s Unfortunately, the bad news gets between life and death. efforts to improve the public’s awareness worse. Despite this glaring data reveal- The racial and ethnic disparities are that the nation continues to be challenged in ing the health disparities between mi- assuring that every American has timely ac- quite intolerable. About 10 percent of cess to high-quality medical care. norities and white Americans, the Na- whites in this country do not have DHHS, through its partnerships and con- tional Academy of Sciences tells us health care; three times as many His- ferences, has already been engaged in efforts that minorities lag behind white Amer- panics; twice as many blacks. The fact to promote dialogue and understanding icans on nearly every measure of is minorities have to do for themselves, about disparities. These efforts are ex- health care and treatment and are because we know that a lot of health tremely important. The Foundation, work- dying at higher rates. Minorities are care is related to life-style. And I am a ing in partnership with the medical commu- less likely to be given appropriate car- strong proponent, for example, of har- nity, is about to launch an initiative to raise diac medication or to undergo bypass physician awareness about racial disparities nessing overweight and obesity. I am a in medical care and encourage physicians to surgery to treat a cardiovascular dis- race walker. You have to do what you review the evidence and engage in a national ease. Minorities are less likely to be can do to deal with your health care. dialogue about the issue. This is, at best, the placed on a waiting list for kidney But obesity and overweight is a na- beginning of national dialogue among one transplants or to receive kidney dialy- tional problem, and yet there are some segment of the public—physicians. DHHS, sis or transplants. folks who have some health care to get working through respected and trusted lead- My father was one of those. Minori- them some advice as to what to do ership, should continue to improve aware- ties with HIV infection are less likely about it. ness of disparities among the public gen- to receive antiretroviral therapy and erally. Whites need to be more aware of the The current recession and the con- real-life circumstances that face people of other state-of-the-art treatments sequences of September 11 and anthrax color. People of color need to be more aware which could forestall the onset of have simply exacerbated the health of disparities so they can be more proactive AIDS. And minorities are less likely to care crisis in our country. And we are in seeking needed care. This knowledge receive appropriate cancer diagnostic not close to closing this intolerable gap should result in greater acceptance of initia- tests and treatment. with placebos like tax credits. Let me tives to remedy disparities. There is really more bad news. Sig- tell my colleagues something: Low-in- In closing, let me say that race clearly nificantly, these disparities in treat- matters in our health system, but so do come people do not pay a lot of taxes many other factors—especially insurance ment exist even when insurance status, because they do not have a lot of coverage. Attention should be given to assur- income, age, and severity of conditions money. So tax credits, for example, is ing that existing sources of coverage are not in minorities and whites are the same. like throwing crumbs at people who are undermined. Medicaid, for example, is an es- The good news is that we can address very hungry. sential source of coverage for about 1 in 5 this problem by educating the public But let me tell my colleagues some- non-elderly African Americans, Latinos, and and the medical community about thing else. The American middle class Native Americans. In addition, people of these disparities and take action to re- has a very sensitive barometer to color are disproportionately uninsured, and duce them. House Concurrent Resolu- health care. In the early 1990s, there priority attention should be given to efforts to eliminate the insurance gap. It is also im- tion 388 is a step in the right direction. were Members who lost their seats in portant to remember, however, that racial I agree with the gentleman, the this House and in the Senate over the disparities among persons who are insured chairman of the committee, it should single issue of health care. And the rea- are an indication that expansions in cov- not be a campaign issue. It is a serious son is that health care is always a April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1721 sleeper issue. And when we have the prophetic in his analysis, but we still their caring and concern about those volatile mix of a recession and people have not solved the problem of the individuals far and wide that we have losing their health care, watch out, color line in the 21st century and it is to address, such as the catastrophe in Congress of the United States. vivid in our health care delivery sys- Afghanistan, the crisis in Africa with But we deserve to be called to ac- tem. HIV–AIDS; and at the same time, they count. The permanently uninsured are The persistent problem of health dis- are clearly concerned with the home unable to raise the issue because they parities continues to be the reality; front. are the least powerful people in the so- that there is serious separation in this This legislation deals with the impor- ciety. It is only when there is a reces- Nation. I stand here today to suggest tance of dealing with the questions of sion, when people who have a little bit that as long as health disparities per- minority health. With some 50 percent of clout, the middle class, who lose sist, we will remain a Nation divided; of the minority community without in- their health care, that health care then divided along the lines of those who surance, with the impact on rural rises to the top of the agenda. It is have and those who have not. areas, with African Americans and His- close to being there now. According to the report that we have panics being impacted in large num- In the 1990s, we were kind of creeping been discussing, issued by the Institute bers by HIV–AIDS, and in particular up on universal health care, going to- of Medicine last month, racial and eth- with a study that was just recently ward universal health care for children. nic minorities experience a lower qual- issued that suggested that even when And of course, there is universal health ity of health services and are less like- minorities access health care, the dif- care for the very poor. But what about ly to receive even routine medical pro- ficulty is that there is unequal treat- the working poor? What about the dis- cedures than whites. The report goes ment. There are determinations made incentive to go to work when you lose on to suggest that when it comes to di- as to whether or not the individual your health care? What about saying to agnostic exams for heart disease, can- that accessed the health care should be welfare mothers you better go to work, cer, end-stage renal disease, and kidney treated long term for diabetes, should and yet in the long run, lose your transplantation, African Americans be given the opportunity for triple or health care? and other minority groups receive less quadruple bypass and surgery. We have Poor health care in the United States care than whites. a crisis. has a disproportionately black and This report suggests that African What we want to do with this resolu- brown face, and yet in countries where Americans and other racial minorities tion is focus on changing the attitude. there are nothing but black and brown die early and often because of a lack of At the same time, let me acknowledge faces, in many Third World countries, quality care. The report, which is ex- that I hope this legislation will encour- there is universal health care. Hey, tensive, entitled ‘‘Unequal Treat- age the Bush administration to not re- what happened to the United States of ment,’’ really underscores the need to peal the requirement of low-income America? establish a National Minority Health children being tested for lead poi- Some minimum of health care is and Disparities Month, a month that is soning. That would put thousands of what everybody deserves simply for set aside so that we can refocus, take a our children in minority communities being human. It is time we met that hard look, better understand, better re- at risk. My district happens to be a minimum standard in our own great alize the disparities, and then find the very multicultural district. It has peo- country. resources that are necessary to move ple from all walks of life; but one of the Mr. BILIRAKIS. Mr. Speaker, I yield us from the position of inequities to most crowded places in my district is myself such time as I may consume to equality, to equal treatment, equal un- the Harris County Public Hospital sys- advise the gentlewoman that in our derstanding, and equal recognition. tem. It is because people desire health Committee on Energy and Commerce, So again, I commend all of those who care, and do not have the ability to ac- as the gentleman from Ohio (Mr. have been instrumental. I commend cess private health coverage, so they BROWN) knows, just last week we the chairman, the gentleman from are at our public hospital systems. marked up a piece of welfare legisla- Florida (Mr. BILIRAKIS), the gentleman Those institutions need assistance tion which afforded transitional Med- from Ohio (Mr. BROWN), and certainly from the Federal Government to assist icaid assistance for those people, with the gentlewoman from the Virgin Is- them in lead poisoning testing for our a recognition that of course the words lands (Mrs. CHRISTENSEN) for all of children. They need assistance in mak- of the gentlewoman are so very true. their serious leadership on these mat- ing sure that Medicaid payments are And so, hopefully, we are helping to- ters. being paid, and making sure that if wards that. Mr. BILIRAKIS. Mr. Speaker, I con- someone needs quadruple heart sur- Mr. Speaker, I continue to reserve tinue to reserve the balance of my gery, that they can be referred out to the balance of my time, but also make time, but make available to the gen- our very fine institutions in the med- available to the gentleman from Ohio tleman from Ohio (Mr. BROWN) any ical center. The partnership is ex- (Mr. BROWN) any additional time he time he may need. tremely important. may need for his speakers. Mr. BROWN of Ohio. Mr. Speaker, I So this resolution is of utmost im- Mr. BROWN of Ohio. Mr. Speaker, I yield 3 minutes to the gentlewoman portance. I thank the members of the thank my friend for the generous offer. from Texas (Ms. JACKSON-LEE). Committee on Energy and Commerce, We have a couple more speakers. We the Congressional Black Caucus and b 1700 may not need that time. the Hispanic Caucus Health Task Mr. Speaker, I yield 3 minutes to the Ms. JACKSON-LEE of Texas. Mr. Force, which the gentlewoman from gentleman from Illinois (Mr. DAVIS). Speaker, I thank the ranking member, the Virgin Islands (Mrs. CHRISTENSEN) Mr. DAVIS of Illinois. Mr. Speaker, I the gentleman from Ohio (Mr. BROWN), and Congressman RODRIGUEZ lead, and want to thank the gentleman for yield- for his constant and persistent leader- I am a member of, and for the leader- ing me this time, and I also want to ship as it relates to health issues in ship behind educating both Congress commend the gentlewoman from the general. I thank the gentleman from and the American public. Virgin Islands for her outstanding Florida (Mr. BILIRAKIS) for his leader- Finally, racial and ethnic minorities tend to work on this issue and commend all of ship, and I acknowledge the gentle- receive lower-quality health care than whites these who have been instrumental in woman from the Virgin Islands (Mrs. do, even when insurance status income, age, bringing this matter to the floor. CHRISTENSEN), the gentleman from and severity of conditions are comparable ac- I rise in enthusiastic support of H. Oklahoma (Mr. WATTS), and the gen- cording to the National Academies Institute of Con. Res. 388, which expresses the sense tleman from Georgia (Mr. NORWOOD) Health. Thousands of people suffer in America of Congress that there should be estab- for bringing this resolution to our at- that is why we must pass this legislation to lished a National Minority Health and tention. create a responsive and equal health system Health Disparities Month. Dr. W.E.B. Clearly this is a resolution that will in America. Dubois suggested that the problem of speak loudly in its passage to the Mr. BROWN of Ohio. Mr. Speaker, I the 20th Century would be that of the American people. In my district, I am yield 2 minutes to the gentleman from color line. Dr. Dubois was profound and often spoken to by constituents of Maryland (Mr. CUMMINGS). H1722 CONGRESSIONAL RECORD — HOUSE April 30, 2002 Mr. BILIRAKIS. Mr. Speaker, I yield poor health care, African Americans released a report this year confirming the ex- 21⁄2 minutes to the gentleman from and other minorities do not live as long istence of serious racial disparities in Amer- Maryland (Mr. CUMMINGS). as Caucasians. Blacks are 24 percent ican health care. Mr. CUMMINGS. Mr. Speaker, this less likely to receive life-preserving Racial disparities in access to cancer afternoon I rise in support of H. Con. medications for HIV and AIDS; 20 per- screening contribute to higher cancer death Res. 388, a resolution to designate April cent of blacks and 33 percent of His- rates for minorities. Black and Hispanic as National Minority Health and panics lack health insurance. This is women are less likely to receive breast cancer Health Disparities Month. two and three times greater than the screening with mammograms than white In 2000, the Department of Health and rate for Caucasians. These disparities women, and black and Hispanic men are more Human Services and the U.S. Surgeon permeate in minority communities. likely to be diagnosed with more advanced General established National Minority For example, as a Social Security forms of prostate cancer than white men. Last Health Month to promote national issue, blacks collect fewer retirement year, I introduced H.R. 3336, The Cancer health and disease prevention. The goal benefits because we die earlier. I guess Testing, Education, Screening and Treatment was to build a public-private partner- on the upside, while we comprise about (Cancer TEST) Act, to provide cancer screen- ship, foster cultural competency 12 percent of the United States popu- ing and treatment services for minorities and among health care providers, encour- lation, we collect about 23 percent of low-income populations. This bill now has 49 age health education and training, and the Social Security disability benefits. cosponsors. expand the use of state-of-the-art tech- Think about it. This is not a Social Se- Racial minorities have been disproportion- nology. curity issue; it is a health issue. ately impacted by the HIV–AIDS epidemic. It is intended to be an inclusive ini- Mr. Speaker, if there were equity in They now represent a majority of new AIDS tiative that addresses the health needs health care, African Americans would cases and a majority of Americans living with of African Americans, Hispanics, be able to work longer and live longer. AIDS. I am circulating a letter to the Chairman Asians, Native Americans, Pacific Is- Think about it. The economic impact and Ranking Member of the House Sub- landers, Alaskan Natives and Native of poor health care created for all committee on Labor, Health and Human Serv- Hawaiians. Because the month will be Americans is crucial. ices and Education Appropriations to request nationally recognized, it will serve to Mr. Speaker, I urge all Members to an appropriation of $540 million for the Minor- raise awareness and reduce the problem vote in favor of this. I thank the gen- ity AIDS Initiative in fiscal year 2003. Ninety of minority health disparity. tlewoman from the Virgin Islands (Mrs. Members of Congress have agreed to sign my Mr. Speaker, a few weeks ago, the CHRISTENSEN), and I thank the other letter. Congressional Black Caucus held its side for their courtesy and kindness. Unfortunately, the problems in our nation’s annual Health Braintrust. This year’s Mr. DINGELL. Mr. Speaker, I rise to voice health system are only getting worse. A sur- focus was on minority health dispari- my strong support for H. Con. Res. 388, es- vey of California employers by the Kaiser ties. Testifying at the hearing from my tablishing a National Minority Health and Family Foundation shows that health insur- district were Dr. Martha N. Hill, Dean Health Disparities Month. This resolution has ance premiums increased by 9.9 percent in of the Johns Hopkins School of Nurs- been crafted by my good friend and colleague, 2001. That is more than double California’s ing; Professor Thomas E. Perez, who Representative CHRISTENSEN. The resolution 4.3 percent inflation rate. Furthermore, was the immediate past director of the was reported unanimously by the Committee Calpers, the State of California’s employee Office on Civil Rights at HHS; and Dr. on Energy and Commerce last week. benefits system, plans to raise rates for its Thomas LaVeist, Johns Hopkins Uni- Mr. Speaker, this resolution will help to keep HMO premiums by 25 percent next year. versity, and an active health care re- our attention focused on a disturbing fact of I urge my colleagues to vote in favor of H. searcher, including the role of race in life. That fact is that people of color face dev- Con. Res. 388 and support legislation that will health care services. astating disparities in research, quality, ac- guarantee every man, woman and child in Also testifying were the authors of cess, and other measures of health care. America quality health care services, regard- the Institute of Medicine’s report, ‘‘Un- Women are particularly hard hit, as reflected less of race, level of income or place or em- equal Treatment: Confronting Racial in the statistics. The prestigious Institute of ployment. Quality health care should be for and Ethnic Disparities in Health Care.’’ Medicine recently published yet another study everyone. The primary finding of this report pub- that shows we still have a long way to go be- Mr. BILIRAKIS. Mr. Speaker, I have lication, ‘‘Unequal Treatment,’’ states fore we can say that all Americans share no further requests for time, and I that due to disparities in health care equally in the benefits of modern medicine. yield back the balance of my time. treatment, blacks and other minorities Mr. Speaker, I am pleased that this resolu- Mr. BROWN of Ohio. Mr. Speaker, I do not live as long as Caucasians. tion specifically mentions the Minority Health yield back the balance of my time. The SPEAKER pro tempore (Mr. Why is that? Because according to and Health Disparities Research and Edu- WHITFIELD). The question is on the mo- the Institute of Medicine’s publication cation Act of 2000. I was proud to join my col- tion offered by the gentleman from of ‘‘Unequal Treatment: Confronting leagues, including Representatives JOHN Florida (Mr. BILIRAKIS) that the House Racial and Ethnic Disparities in Health LEWIS and JESSE JACKSON, JR., in that effort. suspend the rules and agree to the con- Care,’’ even those of us who are fortu- That bill recognized that disparities exist current resolution, H. Con. Res. 388. nate enough to have health insurance throughout the development and delivery of The question was taken; and (two- receive inferior medical care compared health care. It was a good step, but clearly thirds having voted in favor thereof) to our caucasian counterparts, even much more needs to be done. The entire the rules were suspended and the con- when insurance coverages are the health care system, from ‘‘bench to bedside,’’ current resolution was agreed to. same. needs to be vigilant and to address disparities A motion to reconsider was laid on I would like to cite some of the spe- wherever and however they occur. the table. cific facts for the record, and I think I applaud Representative CHRISTENSEN for my colleagues might find them very, bringing this resolution to the floor. I urge my f very disturbing. colleagues to support her work and to support HEMATOLOGICAL CANCER RE- African Americans were 1.5 times substantive efforts to eradicate health dispari- SEARCH INVESTMENT AND EDU- more likely to be denied managed care ties in all programs that come before this CATION ACT OF 2001 authorization in an urban emergency body. Mr. BILIRAKIS. Mr. Speaker, I move room. For senior citizens, African Ms. WATERS. Mr. Speaker, I rise to support to suspend the rules and pass the Sen- American patients were four times less H. Con. Res. 388, which would support the ate bill (S. 1094) to amend the Public likely than Caucasians to receive need- establishment of a National Minority Health Health Service Act to provide for re- ed coronary bypass surgery. Black and Health Disparities Month. The United search, information, and education male seniors were nearly two times States is a nation with a health system with respect to blood cancer. less likely to receive treatment for marked by its disparities. Too often, low-in- The Clerk read as follows: prostate cancer. And this is incredible, come Americans, racial minorities and individ- S. 1094 but black seniors were 3.6 times more uals who lack health insurance find that quality Be it enacted by the Senate and House of Rep- likely to have lower limbs amputated health care is unavailable to them. At the re- resentatives of the United States of America in due to diabetes. Think about it. Due to quest of Congress, the Institute of Medicine Congress assembled, April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1723 SECTION 1. SHORT TITLE. propriations that are available for such pur- Mr. Speaker, I reserve the balance of This Act may be cited as the pose.’’. my time. ‘‘Hematological Cancer Research Investment The SPEAKER pro tempore. Pursu- Mr. BROWN of Ohio. Mr. Speaker, I and Education Act of 2001’’. ant to the rule, the gentleman from yield myself 2 minutes. SEC. 2. FINDINGS. Florida (Mr. BILIRAKIS) and the gen- Mr. Speaker, I rise in support of this Congress finds that: tleman from Ohio (Mr. BROWN) each legislation which sets the stage for a (1) An estimated 109,500 people in the will control 20 minutes. coordinated Federal research effort to United States will be diagnosed with leu- The Chair recognizes the gentleman combat blood cancers and launches a kemia, lymphoma, and multiple myeloma in 2001. from Florida (Mr. BILIRAKIS). patient and public education campaign (2) New cases of the blood cancers de- GENERAL LEAVE to get the word out on these cancers. scribed in paragraph (1) account for 8.6 per- Mr. BILIRAKIS. Mr. Speaker, I ask The death of our colleague, the es- cent of new cancer cases. unanimous consent that all Members teemed Joe Moakley, raised the profile (3) Those devastating blood cancers will may have 5 legislative days within in this institution of leukemia and cause the deaths of an estimated 60,300 per- which to revise and extend their re- other blood cancers for all of us. More sons in the United States in 2001. Every 9 marks on S. 1094, and to insert extra- than 100,000 Americans will be diag- minutes, a person in the United States dies neous material on the bill. nosed with blood cancers this year, and from leukemia, lymphoma, or multiple The SPEAKER pro tempore. Is there more than 60,000 will lose their lives to myeloma. one of these cancers. (4) While less than 5 percent of Federal objection to the request of the gen- funds for cancer research are spent on those tleman from Florida? Former Congresswoman Geraldine blood cancers, those blood cancers cause 11 There was no objection. Ferraro, who has joined us today, was percent of all cancer deaths in the United Mr. BILIRAKIS. Mr. Speaker, I yield diagnosed with multiple myeloma a States. myself such time as I may consume. few years ago. Since her announce- (5) Increased Federal support of research Mr. Speaker, I rise today to encour- ment, she has turned a very private into leukemia, lymphoma, and multiple age my colleagues to support S. 1094, battle with cancer into a public cam- myeloma has resulted and will continue to the Hematological Cancer Research In- paign, educating Americans and policy result in significant advances in the treat- vestment and Education Act, intro- makers, making a difference in their ment, and ultimately the cure, of those duced by Senator KAY BAILEY HUTCH- lives, educating us all about the dis- blood cancers as well as other cancers. INSON in the Senate, with a companion ease and the need for enhanced re- SEC. 3. RESEARCH, INFORMATION, AND EDU- legislation in the House, H.R. 2629, in- CATION WITH RESPECT TO BLOOD search on cancer. CANCER. troduced by the gentleman from Illi- The bill we are considering today in- Part C of title IV of the Public Health nois (Mr. CRANE). Senator KAY BAILEY cludes two important initiatives in Service Act (42 U.S.C. 285 et seq.) is amended HUTCHINSON is present with us today, honor of these two remarkable Amer- by inserting after section 419C the following: which is an indication of how signifi- ican leaders. It establishes the Joe ‘‘SEC. 417D. RESEARCH, INFORMATION, AND EDU- cant the gentlewoman considers this Moakley Research Excellence Program CATION WITH RESPECT TO BLOOD legislation. to expand and intensify NIH research CANCER. Blood cancers affect over 110,000 on blood cancers; and the Geraldine ‘‘(a) JOE MOAKLEY RESEARCH EXCELLENCE Americans. These devastating diseases Ferraro Cancer Education Program, PROGRAM.— are in desperate need of a cure. I am ‘‘(1) IN GENERAL.—The Director of NIH which will establish education pro- shall expand, intensify, and coordinate pro- pleased to support the efforts of the grams designed for patients and for grams for the conduct and support of re- National Institutes of Health to in- their families. It is an excellent bill. I search with respect to blood cancer, and par- crease the research activities on these urge my colleagues to support this leg- ticularly with respect to leukemia, diverse cancers. Taxpayer dollars are islation. lymphoma, and multiple myeloma. wisely spent on research to help cure, Mr. Speaker, I reserve the balance of ‘‘(2) ADMINISTRATION.—The Director of NIH and even better, prevent disease. For my time. shall carry out this subsection through the the past 5 years, Congress has com- Mr. BILIRAKIS. Mr. Speaker, I yield Director of the National Cancer Institute mitted to doubling the budget of the such time as he may consume to the and in collaboration with any other agencies NIH. Last year alone, Congress dedi- that the Director determines to be appro- gentleman from Texas (Mr. BARTON). priate. cated over $23.3 billion to NIH. As we (Mr. BARTON of Texas asked and ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— double the budget of any agency, we was given permission to revise and ex- For the purpose of carrying out this sub- must ensure that these funds are ap- tend his remarks.) propriately focused at finding cures to section, there is authorized to be appro- b 1715 priated such sums as may be necessary for our Nation’s health problems. fiscal year 2002 and each subsequent fiscal The Hematological Cancer Research Mr. BARTON of Texas. Mr. Speaker, year. Such authorizations of appropriations Investment and Education Act ensures I rise today in strong support of the are in addition to other authorizations of ap- that the Federal Government focuses Senate bill, S. 1094, presented in the propriations that are available for such pur- appropriate resources on programs to Senate by my good friend, the Senator pose. address blood cancers, particularly leu- from Texas, Senator KAY BAILEY ‘‘(b) GERALDINE FERRARO CANCER EDU- HUTCHINSON, who is on the floor with CATION PROGRAM.— kemia, lymphoma and multiple us today. Without her untiring work, ‘‘(1) IN GENERAL.—The Secretary shall di- myeloma. In particular, the bill directs rect the appropriate agency within the De- the NIH to coordinate all blood cancer we would not be here passing this bill partment of Health and Human Services, in programs under the newly named ‘‘Joe on Blood Cancer Day. She has worked, collaboration with the Director of NIH, to Moakley Research Excellence Pro- I think, in a very positive, cooperative establish and carry out a program to provide gram.’’ The bill establishes the ‘‘Geral- way. It is very rare for the Longhorns information and education for patients and dine Ferraro Cancer Education Pro- and the Aggies to work together, but the general public with respect to blood can- gram,’’ to provide detection and treat- on this bill the head Longhorn came to cer, and particularly with respect to the one of the head Aggies and we have treatment of leukemia, lymphoma, and mul- ment options for blood cancers, and I tiple myeloma. might add that the former Congress- made it happen. ‘‘(2) ADMINISTRATION.—The Agency deter- woman Geraldine Ferraro is with us There are a number of other people mined by the Secretary under paragraph (1) here today. we need to thank: Obviously, the gen- shall carry out this subsection in collabora- I thank both Senator KAY BAILEY tleman from Florida (Mr. BILIRAKIS) tion with private health organizations that HUTCHINSON and the gentleman from Il- for allowing the bill to come on the have national education and patient assist- linois (Mr. CRANE) for their tireless ef- suspension calendar; the full com- ance programs on blood-related cancers. forts to raise public awareness about mittee chairman, the gentleman from ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— blood cancers. And I also recognize the Louisiana (Mr. TAUZIN); the ranking For the purpose of carrying out this sub- health staff of the gentleman from Illi- member, the gentleman from Michigan section, there is authorized to be appro- priated such sums as may be necessary for nois (Mr. CRANE), Shalla Ross, who has (Mr. DINGELL); the gentleman from fiscal year 2002 and each subsequent fiscal worked diligently to ensure passage of Ohio (Mr. BROWN); and the majority year. Such authorizations of appropriations this important legislation. I urge my leader, the gentleman from Texas (Mr. are in addition to other authorizations of ap- colleagues to support S. 1094. ARMEY) has worked on this. H1724 CONGRESSIONAL RECORD — HOUSE April 30, 2002 We have a number of distinguished information and education on blood (Ms. JACKSON-LEE of Texas asked visitors watching the proceedings cancer diseases. As my colleagues here and was given permission to revise and today, I am told, including Senator on the floor know so well, while less extend her remarks.) HUTCHINSON’s brother, Alan Bailey, than 5 percent of Federal funds for can- Ms. JACKSON-LEE of Texas. Mr. who has a form of blood cancer. We cer research are spent on blood can- Speaker, it was just a couple of months also have the distinguished former cers, they cause 11 percent of all ago when a few current Members of Congresswoman and Vice Presidential deaths. One of those deaths was our Congress had the honor and pleasure of candidate, Geraldine Ferraro, who has colleague, Joe Moakley. gathering to listen to the Honorable fought a courageous battle against As many in this Chamber know, I Geraldine Ferraro. It was a joyous oc- blood cancer. Kathy Guisti is the Presi- worked for Joe Moakley for many casion, and it was a delight to be able dent of the National Myeloma Associa- years, from 1982 to 1996. He served not to fellowship with our colleague, some- tion. And, as we pointed out, this is only as my teacher and mentor, but he one that many of us admired, some named in honor of former Congress- was also my dear friend, in fact, my who had the opportunity to serve with man, Joe Moakley, and former Con- best friend. her, and some, like myself, who did gresswoman Geraldine Ferraro, who is Joe was a guy who, in many respects, not. But certainly her history and her with us today. represented the miracles of medical re- leadership are well-known to women Various forms of blood cancer afflict search and science. During years I around the Nation. over 100,000 Americans every year. knew him, he survived kidney cancer, a Her remarks were instructive and in- 60,000 Americans die of the disease. It gangrenous gall bladder, prostate can- spiring. But, as she concluded, she is a disease that can strike with sudden cer, skin cancer, and hepatitis, that ul- made an announcement that caused a swiftness and extreme ferocity. Some timately led to a successful liver trans- pause, and many of us stopped midway of the more common forms we know of plant. Through it all, Joe Moakley in our thoughts and our speech and are leukemia, lymphoma and multiple emerged with flying colors, stronger caught our breath. But she did not myeloma. If you have this disease in and better than ever. However, when he allow us to linger on our thoughts your family, it is a heartache to have was diagnosed with leukemia, it was a about what we perceived to be a cata- to try to face up to it. My brother, the disease that he just could not beat. strophic illness which she had an- late John Barton, died of liver cancer, There is not a day that goes by, Mr. nounced that she had. She began ener- so I know from a personal perspective Speaker, that I do not miss Joe Moak- gizing us and speaking about living, how tragic any kind of cancer is. ley, and I wish he were still here with and how we could support their legisla- But with the passage of this bill that us fighting the good fight, standing up tion before us to help some lives. Senator HUTCHINSON has worked so for the causes that he believed in, and So today I come to the floor of the hard for, we are going to begin to fight even entertaining us with his humor. I House in tribute to Congresswoman back. This would create an educational wish there had been a cure for the leu- Geraldine Ferraro, and as well, to ac- program, a research program, the Joe kemia that took his life, and I believe knowledge my support for S. 1094, fo- Moakley Research Excellence Pro- that some day there will be a cure. The cusing on the blood cancer diseases gram, and the Geraldine Ferraro Can- issue is not can there be a cure, rather, that have taken the lives of so many, cer Education Act. We can educate the issue is when, and that will depend and, yes, to likewise thank the Com- Americans all around the country. We on the money and resources that we in- mittee on Energy and Commerce and can encourage the National Institutes vest in medical research. its leadership, the chairman and rank- of Health to provide more funding for One section of this bill will establish ing member of the full committee and research and education and outreach, the Joe Moakley Research Excellence chairman and ranking member of this and hopefully some day find a cure and Program at NIH to expand, intensify subcommittee, and to acknowledge my find treatments for those that are al- and coordinate programs that support colleague-friend from the other body, ready afflicted with the disease. research on blood cancers, particularly the junior Senator from Texas, thank- So I want to thank my good friend leukemia, lymphoma and multiple ing both of them as women to acknowl- from Dallas, Texas, Senator HUTCH- myeloma. This, Mr. Speaker, is a hon- edge that we can fight these diseases. INSON, for moving the bill, I want to orable legacy, but, as Joe Moakley We can fight the fact that an esti- thank my good friend the gentleman would say, the name means nothing if mated 109,500 people in the United from Florida (Mr. BILIRAKIS), for put- we do not put the money down, and I States will be diagnosed with leu- ting it on the suspension calendar, and hope that we will do that. kemia, lymphoma and multiple I would encourage all Members to vote I also want to say I am honored that myeloma in 2002. We can fight the fact for it in the affirmative when we are former Congresswoman Geraldine Fer- that these devastating blood cancers given that opportunity. raro is with us today. I was a staff per- will cause the deaths of an estimated ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE son when she was a Member of this 60,000 persons. We can fight the fact The SPEAKER pro tempore (Mr. House, and, being from Massachusetts, that while less than 5 percent of Fed- WHITFIELD). The Chair will remind all I remember what Tip O’Neill once said eral funds for cancer research are spent Members that it is not in order to refer about her when she was nominated to on these blood cancers, these blood to a Senator visiting the House Cham- be the Vice Presidential candidate for cancers cause 11 percent of all cancer ber. the Democrats, he said she will be not deaths. Mr. BROWN of Ohio. Mr. Speaker, I only a great vice president, but some That is why I am proud to support yield 3 minutes to my friend, the gen- day she will be a great president. I legislation that creates the Congress- tleman from Massachusetts (Mr. think he was right in that assessment. man Joe Moakley Research Excellence MCGOVERN), who was a long-term col- I admire her courage for coming for- Program, our friend and colleague, who league, friend and employee of Mr. ward with her own health challenges. was such a fighter. It will now instruct Moakley. She indeed is the inspiration for an- the director of NIH to expand, intensify Mr. MCGOVERN. Mr. Speaker, I want other section of this bill which would and coordinate programs for the con- to first thank the gentleman from result in disseminating information on duct and support of research in this Florida (Chairman BILIRAKIS) and blood cancer diseases throughout this area. Then, as well, to be able to affirm ranking member, the gentleman from country. the Geraldine Ferraro Cancer Edu- Ohio (Mr. BROWN), for bringing this bill Mr. Speaker, I urge my colleagues to cation Program, that will direct the to the floor today. I want to thank our pass this bill, and I hope the funds are secretary to direct the appropriate distinguished colleague from the other there to carry out this important au- agency within the Department of body, the junior Senator from Texas, thorization. Health, in collaboration with the direc- for moving this bill forward. We are Mr. BILIRAKIS. Mr. Speaker, I con- tor of NIH, to provide education and in- honored by her presence on the House tinue to reserve my time. formation and encouragement to those floor today. Mr. BROWN of Ohio. Mr. Speaker, I who would understand better. This bill, quite simply, directs the yield 4 minutes to the gentlewoman The aspects of this bill are powerful, NIH to direct more funds to research, from Texas (Ms. JACKSON-LEE). research and education, and I cannot April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1725 thank enough those who saw fit to than 2,431 charter schools during the 2001– may have 5 legislative days within carry this legislation in an expedited 2002 school year; which to revise and extend their re- manner. Just sharing with both pro- Whereas charter schools can be vehicles for marks on H. Con. Res. 386. ponents on the floor of the House it improving student achievement for students The SPEAKER pro tempore. Is there who attend them, for stimulating change and objection to the request of the gen- was brought to my attention that improvement in all public schools, and for those of us in the minority community benefiting all public school students; tleman from Delaware? may even be impacted in a more dev- Whereas charter schools must meet the There was no objection. astating manner. But this bill speaks same Federal student achievement account- Mr. CASTLE. Mr. Speaker, I yield 4 to all of us as Americans, and it fo- ability requirements as all public schools, minutes to the distinguished gen- cuses on saving lives, for those who and often set higher and additional goals, to tleman from Florida (Mr. KELLER), who have suffered with blood cancer dis- ensure that they are of high quality and is the author of this legislation. Mr. KELLER. Mr. Speaker, I thank eases, those who have lost their lives. truly accountable to the public; Whereas charter schools assess and evalu- the gentleman from Delaware for yield- This is, in fact, an enormous tribute, ate students annually and often even more ing me time. but, most importantly, it shows we are frequently, and charter school student Mr. Speaker, I rise today in support going to act. I would encourage both achievement is directly linked to charter of my resolution to honor National the passage and the funding of this leg- school existence; Charter Schools Week House Concur- islation, for tribute comes by action Whereas charter schools give parents new rent Resolution 386. This resolution and not just words. I thank the distin- freedom to choose their public school, char- ter schools routinely measure parental ap- recognizes the many contributions guished members of this committee. charter schools have made to strength- I ask my colleagues to support this proval, and charter schools must prove their ongoing and increasing success to parents, en America’s public school system. I legislation. policymakers, and their communities; introduced this resolution because of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Whereas two-thirds of charter schools re- my firm conviction that charter The SPEAKER pro tempore. The port having a waiting list, the average size of schools work to benefit all students Chair would remind all Members that a such a waiting list is nearly one-half of the and all schools. proper reference to a Senator is as a school’s enrollment, and the total number of This resolution honors the 10th anni- sponsor of the measure. students on all such waiting lists is enough versary of the opening of the Nation’s to fill another 1,000 average-sized charter Mr. BROWN of Ohio. Mr. Speaker, I first charter schools. It acknowledges schools; and commends the charter school have no further requests for time, and Whereas students in charter schools na- I yield back the balance of my time. tionwide have similar demographic charac- movement and it honors the parents, Mr. BILIRAKIS. Mr. Speaker, I have teristics as students in all public schools; teachers and students across the Na- no further requests for time, and I Whereas charter schools in many States tion for their ongoing contributions to yield back the balance of my time. serve significant numbers of students from education and for strengthening the The SPEAKER pro tempore. The families with lower income, minority stu- Nation’s public school system. dents, and students with disabilities, and in Since 90 percent of the children in question is on the motion offered by a majority of charter schools, almost half this country go to public schools, it is the gentleman from Florida (Mr. BILI- the students are considered at risk or are critical that we do what we can to RAKIS) that the House suspend the rules former dropouts; strengthen the public school systems. and pass the Senate bill, S. 1094. Whereas charter schools have enjoyed Charter schools have done just that. In The question was taken; and (two- broad bipartisan support from the Adminis- just 10 short years, there are already tration, the Congress, State Governors and thirds having voted in favor thereof) almost 2,500 charter schools serving the rules were suspended and the Sen- legislatures, educators, and parents across the Nation; and half a million students across the coun- ate bill was passed. try. A motion to reconsider was laid on Whereas charter schools are laboratories of reform and serve as models of how to educate Currently, 37 States, D.C. and Puerto the table. children as effectively as possible: Now, Rico have passed charter school laws. f therefore, be it Florida’s public school system already Resolved by the House of Representatives (the has over 200 charter schools serving al- SUPPORTING NATIONAL CHARTER Senate concurring), That— SCHOOLS WEEK most 30,000 children. There are 11 char- (1) the Congress honors the 10th anniver- ter schools in my districts alone. I Mr. CASTLE. Mr. Speaker, I move to sary of the opening of the Nation’s first often hear of the successes of Lake charter school; suspend the rules and agree to the con- Eola Charter School and Hope Charter current resolution (H. Con. Res. 386) (2) the Congress acknowledges and com- mends the charter school movement and School in Orlando, Florida. supporting a National Charter Schools charter schools, teachers, parents, and stu- What are charter schools and why do Week, and for other purposes dents across the Nation for their ongoing they offer alternatives for our parents The Clerk read as follows: contributions to education and improving and children? Charter schools are pub- H. CON. RES. 386 and strengthening the Nation’s public school lic schools established under State law Whereas charter schools are public schools system; that are given varying degrees of au- authorized by a designated public body and (3) the Congress supports the goals of Na- tonomy from State and local regula- operating on the principles of account- tional Charter Schools Week, an event spon- tions. Charter schools must meet the sored by charter schools and charter school ability, parental involvement, choice, and same Federal student achievement ac- autonomy; organizations across the Nation and estab- lished to recognize the significant impacts, countability requirements as all other Whereas in exchange for the flexibility and public schools, and they often set high- autonomy given to charter schools, they are achievements, and innovations of the Na- held accountable by their sponsors for im- tion’s charter schools; and er and additional goals to ensure that proving student achievement and for their fi- (4) it is the sense of the Congress that the they are a high quality and truly ac- nancial and other operations; President should issue a proclamation call- countable to the public. ing on the people of the United States to Whereas 37 States, the District of Colum- b 1730 bia, and the Commonwealth of Puerto Rico conduct appropriate programs, ceremonies, have passed laws authorizing charter and activities to demonstrate support for This flexibility and exchange for ac- schools; charter schools in communities throughout countability often translates into high- Whereas 37 States, the District of Colum- the Nation. er test scores and innovative practices. bia, and the Commonwealth of Puerto Rico The SPEAKER pro tempore. Pursu- They provide an option to parents, will have received substantial assistance ant to the rule, the gentleman from often from low-income families, who from the Federal Government by the end of Delaware (Mr. CASTLE) and the gen- desire an alternative to their local the current fiscal year for planning, startup, tleman from Indiana (Mr. ROEMER) school. and implementation of charter schools since each will control 20 minutes. Charter schools, by their very na- their authorization in 1994 under the Ele- The Chair recognizes the gentleman mentary and Secondary Education Act of ture, place more emphasis on parental 1965 (20 U.S.C. 6301 et seq.); from Delaware (Mr. CASTLE). involvement, increased instruction, Whereas 34 States, the District of Colum- GENERAL LEAVE higher academic standards, and char- bia, and the Commonwealth of Puerto Rico Mr. CASTLE. Mr. Speaker, I ask acter education. They routinely meas- are serving over 580,000 students in more unanimous consent that all Members ure parental approval and student H1726 CONGRESSIONAL RECORD — HOUSE April 30, 2002 progress. Otherwise, they would cease to create charter schools. The Federal Secondly, we need to share best prac- to exist. A charter school is created Government is passing new laws and tices. If there are some good charter out of the demand for an alternative to new help, providing new resources for schools in one State, we need to find the local school and is often started up charter schools to go forward in to- ways to share those best practices, through a group of active parents and day’s education environment. those successful schools with other teachers. Many of them serve a specific So the past has been our efforts to charter movements in other States, need in the community. Some can be help at the national level to create in- and strengthen the accountability, be- oriented toward math and sciences and centives and carrots to foster more cause these schools need to be held ac- others exist to satisfy a need for liberal public school charter schools in the countable. If they are not working, arts. Each is unique, but necessary. United States. Last year, Indiana be- they can be closed. We need to make President Bush’s landmark legisla- came the 38th charter school State, sure that the State laws are good char- tion, the No Child Left Behind Act, and I am very proud of that. ter school laws. contains multiple provisions which What is the present state of charter Thirdly, we need to look at the per- support the expansion of charter schools? As I said before, charter pupil expenditures so that they are schools. It provides for an additional schools stress accountability, parental equal to other public schools. We are $200 million to help establish 700 new involvement, choice, and autonomy, talking about public charter schools charter schools, and we expect an addi- and I am glad that this type of innova- and other public schools, so let us tional $100 million this year for con- tion is now beginning in Indiana. Char- make sure that these students get struction of new charter school facili- ter schools are public schools that re- equal access, whether they go to a pub- ties. spond to an increasingly high demand lic charter school or a previous public Mr. Speaker, I would again like to for choices from parents, from teach- school. congratulate the students, parents, ers, and from students. They represent So I am very excited about this teachers, principals, and administra- reform, improvement, and innovation movement that is catching fire across tors who have embraced the charter in public education. Charter schools this country. I am very excited about school movement and have made it often serve our at-risk students. Nearly the New Democrats’ support for this such a success. The bottom line is that 60 percent of charters serve a popu- back 5 and 6 and 7 years ago when it charter schools work because they are lation in which more than 40 percent of was a new idea. I am very supportive in free from burdensome regulations and, students qualify for free or reduced a bipartisan way of working with the in return, are held accountable for aca- lunches. More than half of all charter Republicans and the administration to demic results. I urge my colleagues to schools serve a population in which 40 find new ways to support the growth of recognize the role charter schools have percent of the students are minorities. charter schools, as I have outlined, in made to strengthen our public school Nearly half of all charter schools serve the future. system and vote ‘‘yes’’ on House Con- a population in which more than 40 Mr. Speaker, I reserve the balance of current Resolution 386. percent of students are considered at my time. Mr. ROEMER. Mr. Speaker, I yield risk or former dropouts. Mr. CASTLE. Mr. Speaker, I yield myself such time as I may consume. So this is not going out and picking myself such time as I may consume. (Mr. ROEMER asked and was given the best students and forming a school Mr. Speaker, I am pleased to rise in permission to revise and extend his re- and then trying to raise test scores and support of H. Con. Res. 386, recognizing marks.) separating the public students more the charter school movement for its Mr. ROEMER. Mr. Speaker, I obvi- and more, or cherry-picking the best contribution to improving our Nation’s ously rise in support, strong support, of and leaving some of the at-risk stu- public schools. this resolution commending the very dents behind. In fact, many of the char- Charter schools are independent pub- important contribution that charter ter schools are designed to go after lic schools that are created by parents schools make to our public schools those dropouts, to go after those at- and teachers and operated with exemp- across this great land, and also to des- risk students, to go after those stu- tions from most State laws and regula- ignate a week of Charter School Appre- dents most in need. tions. In just 10 years, the charter ciation Week. Mr. Speaker, 34 States, including the school movement has grown to over I want to talk a little bit about the District of Columbia and Puerto Rico, 2,400 schools enrolling 580,000 students past, the present, and the future of including Indiana, are serving more in 34 States, the District of Columbia, charter schools. Our families and our than 500,000 students in about 2,430 and Puerto Rico. These schools provide parents and our teachers are all very charter schools. I mentioned the Dis- new choices for parents of public excited and very concerned about the trict of Columbia, and I want to note schoolchildren and they serve as lab- prospect of public education in Amer- the support of the gentlewoman from oratories for innovative educational ica today. It continues to rank as one the District of Columbia (Ms. NORTON) practices that improve student of the highest issues when we poll, for these charter schools. I have visited achievement. when we go to town meetings, when we many of these schools in the D.C. area, In my State of Delaware, the first ask any families about their priority and I want to say for the record that I charter school located in Wilmington concerns across the United States. think some of those schools are the opened in 1996. Unlike other schools, The past of charter schools, when we most innovative, the strongest, some of Wilmington Charter School focused its first got into this issue, was working the schools with the best teachers and curriculum on math and science and it with the new Democrats here in the students and success rates as any char- has achieved top scores in the Dela- House of Representatives and working ter schools in America. I know that she ware assessments in math, reading, with the DLC, the Democratic Leader- is very proud of those charter schools. writing and science. Like many charter ship Council, and the PPI, and coming So what is the future of charter schools, Wilmington Charter School up with more opportunities for parents schools? What do we need to con- boasts high parental involvement, ex- to get public school choice; not to rip centrate on to make sure that these cellent student behavior, and state-of- money away from public schools and charter schools remain viable choices the-art technology in every classroom. transfer it to private schools, but help for parents, teachers, and students? Unlike many traditional public support the foundation of public One obstacle for charter schools is to schools, however, charter schools are schools, while also helping the reform overcome the difficulties and problems subject to an unprecedented level of ac- movement, the accountability move- of start-up costs. They need to get in a countability. They have detailed writ- ment, the change movement, the new building, and oftentimes procuring ten performance contracts, and where opportunities for students, parents, that building is the single biggest im- they are unable to meet the terms of and teachers movement; to try to get pediment to starting that charter the contracts, the schools are closed. new curriculum and new ideas in our school. We need to provide Federal re- Recently citing financial instability, public schools. This has caught fire, sources, maybe matching with bonds the Delaware Department of Education and a host of States now have passed and other State incentives, to help took a first step toward the revocation enabling legislation at the State level start these charter schools. of the charter of a charter school in my April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1727 State. Many parents and students District which this Congress tried to their own jurisdiction. I thank the gen- waged a heroic battle to keep the impose on the District vouchers, fierce tleman for his work on this issue. school doors open, attempting to fund opposition, rage, and yet the District Mr. CASTLE. Mr. Speaker, I yield 31⁄2 the school with bake sales and auc- has embraced charter schools like its minutes to the gentleman from Wis- tions, and many are still reeling from second skin. They have proven to be consin (Mr. PETRI) the decision. Despite this setback, better than vouchers because they are Mr. PETRI. Mr. Speaker, I am many Delaware charter schools con- far less controversial and have a far pleased to speak in support of this res- tinue to have more applications for ad- greater variety of schools than we olution, as it once again recognizes the missions than they can currently ac- could ever have gotten with vouchers. charter school movement for its con- commodate. In my mind, this rein- These schools are very independent. tribution to improving America’s forces the need for alternative public They are not tied to the bureaucracy of schools. education in Delaware. the public schools of the District of Co- Although Congress has been sup- Combined with high parent satisfac- lumbia at all. porting the growth of charter schools tion and improved academic achieve- For those who say that the public for almost 10 years now, we should re- ment, the strong support for Delaware schools need competition, they are member that this is, in fact, a grass- charter schools has caused many right. Boy, have they been competition roots movement. The movement was school officials to acknowledge some of for our public schools. I think they really started in the early 1990s by con- the failures of our traditional public have made our public schools better. cerned parents and frustrated teachers schools, and they tell me it compels The scores in the public schools are who were fed up with the status quo, them to improve. With this week being better than the scores in the charter weary of fighting the bureaucracy that National Charter Schools Week, April schools, but at the very bottom, the defeats innovation, and tired of seeing 29 to May 3, it is therefore fitting that very bottom, the charter schools are their children consigned to mediocrity we recognize our Nation’s charter doing better, and that may be because and to failure. In my State of Wisconsin, I am proud schools as another way to improve stu- of the teacher-student ratio, because to say that we have a strong charter dent achievement and increase paren- there are a smaller number of students school program that was one of the tal involvement. in those schools. first in the Nation to be established. I In conclusion, I want to thank the b 1745 recently participated in the charter gentleman from Florida (Mr. KELLER) school conference held near my dis- for his leadership on this issue, and I The competition is good, but it has trict. I was excited to learn of the inno- urge an ‘‘aye’’ vote. been publicly accountable competition. vation going on in my State. Mr. Speaker, I reserve the balance of What the charter schools and the For example, Wisconsin will soon my time. public schools do is really enable us to have two virtual charter schools, which Mr. ROEMER. Mr. Speaker, I yield 4 compare schools that are apples and are public charter schools that conduct minutes to the gentlewoman from the apples, because there is an even play- classes online. Thanks to Wisconsin’s District of Columbia (Ms. NORTON), my ing field here. Both of them get public open enrollment law, children from classmate. money; both of them must take every anywhere in the State can apply to en- Ms. NORTON. Mr. Speaker, I appre- student; none of them can cream off roll in these schools. These virtual ciate the gentleman for yielding me the top; none of them can discriminate charter schools will provide a computer this time, and I appreciate all of his based on where they come from or and Internet access to the enrolled work on this issue. He has been one of what their parents are or what the test children. scores are; and they all have the same the movers and shakers for charter In these virtual schools, the parents schools in this Congress. This is only health, safety, financial, and reporting have great control, and the parents one of the reasons I am in mourning regulations. make final decisions as to their child’s that he is leaving the Congress. I want So we are probably going to be the personalized learning plan while still to thank the author of the resolution, first jurisdiction with a critical mass having full access to professionally- H. Con. Res. 386, as well. that is able to compare how students prepared curriculum and teacher sup- Mr. Speaker, the District of Colum- do in charter schools with how stu- port. Thus, this approach utilizes the bia, our Nation’s Capital, is supporting dents do in traditional public schools. advantages of home schooling, char- charter schools in a way that counts In some jurisdictions, I want to cau- ters, and public school choice to create with the largest number of charter tion the Congress that charter schools a unique educational experience. schools per capita in the United States. have become more controversial. They I would like to thank my colleague, Fourteen percent of our youngsters go are seen less as competition and more the gentleman from Florida (Mr. KEL- to charter schools, more than in any as a distraction. I regret that. That has LER) for bringing forward this resolu- other State. We have 2 chartering au- not yet happened in the District of Co- tion. I appreciate the opportunity to thorities, including one that was au- lumbia. speak in its support, and I urge my col- thorized by this Congress pursuant to a But caution has to be taken to make leagues to support a National Charter bill I sponsored in 1995 with the agree- sure that where a critical mass of Schools Week, and to continue to en- ment of the District of Columbia. All of money is necessary to run a public courage the growth of this important our charter schools are public, non- school system, that that remains in- and successful reform movement. sectarian schools. There are 13 elemen- tact, and that the number of charter Mr. CASTLE. Mr. Speaker, I yield 3 tary schools, 11 middle schools, and 16 schools relative to the number of tradi- minutes to the distinguished gen- high schools. I want to draw attention tional public schools remains in some tleman from Ohio (Mr. BOEHNER), to one in particular, the Seed School, kind of balance, and people do not go chairman of the Committee on Edu- which is the first inner city charter off chartering, catch-as-catch-can, cation and the Workforce. boarder school in the United States. charter schools. Mr. BOEHNER. Mr. Speaker, in Yes, that is right. A boarding school of In any case, the District, its parents, honor of National Charter Schools 14 children in a classroom, and it has its students, are embracing charter Week, I rise in strong support of House attracted all kinds of private funds. We schools. What is happening in the Dis- Concurrent Resolution 386 introduced can imagine how surrounding these trict of Columbia, in the Nation’s cap- by my friend and colleague, the gen- children with what such a school has to ital, there is a real, live, thriving char- tleman from Florida (Mr. KELLER), also offer, what it means in terms of their ter school movement helping to im- a member of our committee. career opportunities and their ability prove educational opportunity by pro- This week-long celebration, which to get into top-flight schools. viding a variety of public school vehi- runs through Friday, is cosponsored by We think our charter school move- cles from which our public school chil- more than 75 grassroots charter school ment here is a model for how to pro- dren, indeed any child in the District of support organizations in 45 States, and mote competition to the traditional Columbia, can choose. is coordinated by the Charter Friends public schools. This House may recall I urge Members to look at this model National Network and the Center for that there was fierce opposition in the to see what it may have to offer for Education Reform. H1728 CONGRESSIONAL RECORD — HOUSE April 30, 2002 Also during this week there will be Finally, I want to thank the gen- mendous asset to public education. I six charter school nights at major tleman from Florida (Mr. KELLER), the commend the gentleman from Florida league baseball games in Colorado and gentleman from Georgia (Mr. ISAKSON), for its introduction. I support the reso- in California. In addition, other na- the gentleman from Michigan (Mr. lution. tional organizations have signed on as UPTON), and the gentleman from Indi- Mr. CASTLE. Mr. Speaker, I yield 3 national supporting organizations for ana (Mr. ROEMER) for their efforts in minutes to the gentleman from Min- National Charter Schools Week, in- bringing this resolution to the floor. nesota (Mr. GUTKNECHT). cluding the National Council of La Mr. CASTLE. Mr. Speaker, I yield 2 Mr. GUTKNECHT. Mr. Speaker, I Raza, the National Cooperative Bank minutes to the gentleman from Geor- thank the gentleman for yielding time Development Corporation, the Gates- gia (Mr. ISAKSON). to me. I rise in strong support of this EdVisions Project, and Youthbuild Mr. ISAKSON. Mr. Speaker, I thank important resolution. USA. the gentleman from Delaware for yield- Mr. Speaker, our Nation’s charter Although a relatively new phe- ing time to me. schools have been a great boon to nomenon, charter schools have been at Mr. Speaker, I am pleased to rise in America’s education system. My great the cutting edge of educational reform support of this resolution. I commend State of Minnesota enjoys being at the for the past several years. Nowhere is the gentleman from Florida (Mr. KEL- forefront of many movements. Charter this more true than in Dayton, Ohio, a LER) for introducing it, because it rec- schools are no exception. St. Paul new part of my district, the site of one ognizes an important principle: We in Academy in St. Paul, Minnesota, and of the fastest growing charter school government know that regulation, Bluffview Montessori School in Wi- movements in the Nation. with the best of intentions, is not al- nona, Minnesota, are America’s first In Dayton, more than a dozen charter ways successful. charter schools. These schools received schools are up and running, serving The charter school movement recog- their charters back in 1993. thousands of area children. In Dayton nizes that empowerment of parents, Charter schools provide an innova- and across the Nation, the contribu- teachers, and the children is almost al- tive curriculum. Students are able to tions of charter schools are helping to ways successful. That is the basic prin- explore specific interests in a unique strengthen our Nation’s public schools. ciple of the charter school movement. environment. Charter schools address They are playing a key role in the ef- It engages the parents in setting the the special needs of students who may fort to raise expectations and ensure goals, it engages the faculty with the not otherwise prosper in traditional that every child of every income and parents in setting the goals, and it public education systems. ethnic background has the chance for a asks for regulation waivers in return Minnesota features charter schools safe and world-class education. for the accountability for achievement that specifically address the needs of There are not many things that I and and higher standards. Hmong and Native American students. the editors of the Dayton Daily News In my district in Georgia, the first A new agricultural charter school agree on usually, but they were right charter school in our State was ap- just opened in the Twin Cities. This is on this one earlier this month when proved, and it has subsequently been an excellent opportunity for urban stu- they wrote, and I will quote, ‘‘Charter reapproved. The results are remark- dents to expand their knowledge. Too schools deserve a chance. They can able. The parents are proud, the kids many adults do not know enough about serve as models for public schools, and are engaged, and the faculty is a part how food is produced. Charter schools the competition they provide is a good of the decision-making process, the are providing the innovative solutions thing.’’ change, and the reform that has made to that gap of understanding. In exchange for flexibility and free- the school movement a success. As a component of public education, dom from regulations, charter schools So I commend the gentleman from charter schools are a testing ground for are held accountable for improving the Florida (Mr. KELLER), I commend those education delivery systems, and they academic achievement of their stu- parents, as the gentleman from Ohio are proving very successful. With an dents. This new-found flexibility and (Chairman BOEHNER) has said, and I enrollment of 175 students, Bluffview freedom has not only translated into commend those around the country continues to prosper. Their students, higher test scores, but also innovative that are trying to help public schools with the guidance of 15 teachers, have practices. I think it has empowered with that key process of parental in- consistently scored higher than na- parents with the ability to seek out the volvement and teacher involvement in tional and State averages on standard- best education possible for their own higher goals and better achievement. ized tests. children. Lastly, I want to add a comment. At Charter schools provide a creative In fact, we mirror these same prin- our recess a few weeks ago, I traveled answer to the question of parental in- ciples of freedom, flexibility, and ac- with USAID to Egypt and Ethiopia. In volvement, flexibility and account- countability through the Elementary Ethiopia, I observed a program known ability in the public school system, and Secondary Education Act in H.R. 1, as BESO, sponsored by Save the Chil- higher standards, and oversight by a the No Child Left Behind Act, which dren, CARE, World Learning, and sponsoring public district maintain the President signed into law earlier USAID. It is a program that engaged, quality and continuity in each school. this year. due to the following: It is basic edu- In the case of parental involvement, I Currently, 37 States, the District of cational structural overhaul. The re- want to tell Members about Sandy Columbia, and Puerto Rico have passed sult is, it is charter schools. Bauer. Her children have already grad- charter school laws, and more than a There in Ethiopia, where we have uated from Bluffview. Her experience half a million students attend charter problems with AIDS, problems with as a parent was so positive that she schools somewhere nationwide. My Muslim children being able to go to continues to be a volunteer. That is hope is that every State will have school, problems with economic devel- commitment. Her actions tell me that passed a charter school law in the very opment because of poor job training, Bluffview is doing something right. near future. we are bringing in parents, most of Accountability is best demonstrated That said, Mr. Speaker, I would like whom never had an education, to be by the creation of a charter document. to congratulate all of the students, part of the school with their children This document specifically outlines the parents, teachers, principals, and ad- and the teachers to set goals. goals for achievement. I firmly believe ministrators who have embraced the We saw children in the worst of im- in planning your work and working charter school movement and are poverished situations achieving higher your plan. Charter schools, by their working to make it a success. goals because their parents were in- very nature, must meet the goals of I would also like to recognize the ef- volved, their government supported their charter or they lose that charter. forts of two Ohio officials, State audi- change, and because teachers, parents, I am proud to celebrate National tor Jim Petro and State Representa- and students were partners together. Charter Schools Week. I whole- tive Jon Husted of Dayton, who have The resolution of the gentleman from heartedly commend the charter worked tirelessly on behalf of our Florida (Mr. KELLER) is a good one. schools, the movement, the charter State’s charter schools. The charter school movement is a tre- school teachers, the parents, and the April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1729 students for their ongoing contribu- Sec. 118. Commissioners of the National (4) The National Education Centers, which tions to education. They are leading Education Centers. include— our country to a brighter future for all Sec. 119. Office of Educational Resources (A) the National Center for Education Re- and Dissemination. search (as set out in part B); students, and I am happy to cosponsor (B) the National Center for Education Sta- this important resolution. PART B—NATIONAL CENTER FOR EDUCATION RESEARCH tistics (as set out in part C); and Mr. ROEMER. Mr. Speaker, I yield (C) the National Center for Education Sec. 131. Establishment. myself such time as I may consume. Evaluation (as set out in part D). Sec. 132. Commissioner for Education Re- Mr. Speaker, I conclude by stating search. SEC. 113. FUNCTIONS. my very strong support for this resolu- Sec. 133. Duties. The Academy, directly or through grants, tion. I want to thank the gentleman Sec. 134. Biennial report. contracts, or cooperative agreements, shall— (1) conduct and support scientifically valid from Delaware (Mr. CASTLE) for his Sec. 135. Standards for conduct and evalua- tion of research. research activities, including basic and ap- support on this bipartisan resolution plied research, statistics activities, scientif- today, as well. PART C—NATIONAL CENTER FOR EDUCATION ically valid education evaluation, develop- Mr. Speaker, I yield back the balance STATISTICS ment, and dissemination; of my time. Sec. 151. Establishment. (2) disseminate the findings and results of Mr. CASTLE. Mr. Speaker, I yield Sec. 152. Commissioner for Education Sta- scientifically valid research in education; myself such time as I may consume. tistics. (3) promote the application of knowledge Mr. Speaker, I would like to thank Sec. 153. Duties. gained from scientifically valid research ac- Sec. 154. Performance of duties. tivities; the gentleman from Florida (Mr. KEL- Sec. 155. Reports. (4) strengthen the national capacity to LER) for his sponsorship of this, and the Sec. 156. Dissemination. conduct scientifically valid research in edu- gentleman from Indiana (Mr. ROEMER). Sec. 157. Cooperative education statistics cation; and Mr. Speaker, I have no further re- systems. (5) promote the coordination of scientif- quests for time, and I yield back the Sec. 158. State defined. ically valid research in education within the balance of my time. PART D—NATIONAL CENTER FOR EDUCATION Department and the Federal Government. The SPEAKER pro tempore (Mr. EVALUATION SEC. 114. DELEGATION. WHITFIELD). The question is on the mo- Sec. 171. Establishment. (a) DELEGATION OF AUTHORITY.—Notwith- Sec. 172. Commissioner for Education Eval- standing section 412 of the Department of tion offered by the gentleman from Education Organization Act (20 U.S.C. 3472), Delaware (Mr. CASTLE) that the House uation. Sec. 173. Duties. the Secretary shall delegate to the Director suspend the rules and agree to the con- all functions for carrying out this title current resolution, H. Con. Res. 386. PART E—GENERAL PROVISIONS (other than administrative and support func- The question was taken. Sec. 181. Definitions. tions), except that— The SPEAKER pro tempore. In the Sec. 182. Interagency data sources and for- (1) nothing in this title or in the National opinion of the Chair, two-thirds of mats. Assessment of Educational Progress Author- Sec. 183. Prohibitions. ization Act may be construed to alter or di- those present have voted in the affirm- Sec. 184. Confidentiality. minish the role, responsibilities, or author- ative. Sec. 185. Availability of data. ity of the National Assessment Governing Mr. CASTLE. Mr. Speaker, on that I Sec. 186. Performance management. Board with respect to the National Assess- demand the yeas and nays. Sec. 187. Authority to publish. ment of Educational Progress from those au- The yeas and nays were ordered. Sec. 188. Vacancies. thorized by the National Education Statis- The SPEAKER pro tempore. Pursu- Sec. 189. Scientific or technical employees. tics Act of 1994 immediately before the en- ant to clause 8 of rule XX and the Sec. 190. Voluntary service. actment of this Act; Chair’s prior announcement, further Sec. 191. Fellowships. (2) members of the National Assessment Sec. 192. Rulemaking. Governing Board shall continue to be ap- proceedings on this motion will be Sec. 193. Authorization of appropriations. pointed by the Secretary; postponed. PART A—ACADEMY OF EDUCATION (3) section 302(f)(1) of the National Assess- f SCIENCES ment of Educational Progress Authorization Act shall apply to the National Assessment 1800 SEC. 111. ESTABLISHMENT. b Governing Board in the exercise of its re- (a) ESTABLISHMENT.—There shall be in the sponsibilities under this Act; EDUCATION SCIENCES REFORM Department an Academy of Education (4) sections 116 and 117(b)(2) shall not apply ACT OF 2002 Sciences, to be administered by a Director to the National Assessment of Educational (as provided in section 115) and a board of di- Mr. CASTLE. Mr. Speaker, I move to Progress; and rectors (as provided in section 117). suspend the rules and pass the bill (5) sections 116 and 117 shall not apply to (b) MISSION.—The mission of the Academy (H.R. 3801) to provide for improvement the National Assessment Governing Board. is to provide national leadership in expand- of Federal education research, statis- (b) OTHER ACTIVITIES.—The Secretary may ing fundamental knowledge and under- assign the Academy responsibility for ad- tics, evaluation, information, and dis- standing of education, in order to provide semination, and for other purposes, as ministering other activities, if those activi- parents, educators, students, researchers, ties are consistent with— amended. policymakers, and the general public with (1) the Academy’s priorities, as approved The Clerk read as follows: reliable information about the condition and by the National Board for Education H.R. 3801 progress of education in the United States, Sciences under section 116; or educational practices that support learning Be it enacted by the Senate and House of Rep- (2) the Academy’s mission, if the activities and improve academic achievement for all are not consistent with such priorities. resentatives of the United States of America in students, and the effectiveness of Federal SEC. 115. OFFICE OF THE DIRECTOR. Congress assembled, and other education programs. In carrying (a) APPOINTMENT.—Except as provided in TITLE I—EDUCATION SCIENCES REFORM out this mission, the Academy shall conduct subsection (b)(2), the President, with the ad- SEC. 101. SHORT TITLE. research, evaluation, statistics, and dissemi- vice and consent of the Senate, shall appoint This title may be cited as the ‘‘Education nation activities supported by Federal funds the Director of the Academy. Sciences Reform Act of 2002’’. through the Academy and ensure that such (b) TERM.— SEC. 102. TABLE OF CONTENTS. activities— (1) IN GENERAL.—The Director shall serve (1) conform to high standards of quality, The table of contents for this title is as fol- for a term of 6 years, beginning on the date integrity, and accuracy; and lows: of appointment of the Director, but may be (2) are objective, secular, neutral, and non- removed by the President prior to the expi- Sec. 101. Short title. ideological and are free of partisan political ration of that term. Sec. 102. Table of contents. influence and racial, cultural, gender, or re- (2) FIRST DIRECTOR.—The President, with- PART A—ACADEMY OF EDUCATION SCIENCES gional bias. out the advice and consent of the Senate, Sec. 111. Establishment. SEC. 112. ORGANIZATION. may appoint the Assistant Secretary for the Sec. 112. Organization. The Academy consists of the following: Office of Educational Research and Improve- Sec. 113. Functions. (1) The Office of the Director (as set out in ment (as such office existed on the day be- Sec. 114. Delegation. section 115). fore the date of enactment of this Act) to Sec. 115. Office of the Director. (2) The National Board for Education serve as the first Director of the Academy. Sec. 116. Priorities. Sciences (as set out in section 117). (3) SUBSEQUENT DIRECTORS.—The Board Sec. 117. National Board for Education (3) The Office of Educational Resources and may make recommendations to the Presi- Sciences. Dissemination (as set out in section 119). dent with respect to the appointment of a H1730 CONGRESSIONAL RECORD — HOUSE April 30, 2002 Director, other than a Director appointed schools in the United States (including on- (1) To advise the Director on the policies of under paragraph (2). time graduation); and the Academy. (c) PAY.—The Director shall receive the (B) the use of alcohol or illegal narcotics (2) To consider and approve priorities rate of basic pay for level III of the Execu- as contributing factors to incidents of school under section 116 to guide the work of the tive Schedule. violence committed by students during the Academy. (d) QUALIFICATIONS.—The Director shall be regular school day and while participating in (3) To review and approve procedures for selected from individuals who are highly other school-related activities. scientific peer review of the activities of the qualified authorities in the fields of scientif- (12) To carry out and support other activi- Academy. ically valid research, statistics, or evalua- ties consistent with the priorities and mis- (4) To advise the Director on the develop- tion in education, as well as management sion of the Academy. ment of activities to be supported by the within such areas, and have a demonstrated (g) EXPERT GUIDANCE AND ASSISTANCE.— Academy, including the general areas of re- capacity for sustained productivity and lead- The Director may establish technical and search to be carried out by the National Cen- ership in these areas. scientific peer-review groups and scientific ter for Education Research. (e) ADMINISTRATION.—The Director shall— program advisory committees that the Di- (5) To present to the Director such rec- (1) administer, supervise, and coordinate rector determines are necessary to carry out ommendations as it may find appropriate the activities carried out under the Acad- the requirements of this title. The Director for— emy, including the activities of the National shall appoint such personnel, except that of- (A) the strengthening of education re- Education Centers; and ficers and employees of the United States search; and (2) coordinate and approve budgets and op- shall comprise no more than one-fourth of (B) the funding of the Academy. erating plans for each of the National Edu- the members of any such group or committee (6) To advise the Director on the funding of cation Centers for submission to the Sec- and shall not receive additional compensa- applications for grants, contracts, and coop- retary. tion for their service as members of such a erative agreements for research, after the (f) DUTIES.—The duties of the Director group or committee. The Director shall en- completion of peer review. shall include the following: sure that reviewers are highly qualified and (7) To review and regularly evaluate the (1) To propose to the Board priorities for capable to appraise education research and work of the Academy, to ensure that sci- the Academy, in accordance with section development projects. The Federal Advisory entifically valid research, evaluation, and 116(a). Committee Act (5 U.S.C. App.) shall not statistical analysis are consistent with the (2) To ensure the methodology applied in apply to a peer-review group or an advisory standards for such activities under this title. conducting research, evaluation, and statis- committee established under this subsection. (8) To advise the Director on ensuring that tical analysis is consistent with the stand- SEC. 116. PRIORITIES. activities conducted or supported by the ards for such activities under this title. (a) PROPOSAL.—The Director shall propose Academy are objective, secular, neutral, and (3) To coordinate education research and to the Board priorities for the Academy (tak- nonideological and are free of partisan polit- related activities carried out by the Acad- ing into consideration long-term research ical influence and racial, cultural, gender, or emy with such research and activities car- and development on core issues conducted regional bias. ried out by other agencies within the Depart- through the national research and develop- (9) To solicit advice and information from ment and the Federal Government. ment centers (as defined in section 181)) those in the educational field, particularly (4) To advise the Secretary on research, identifying topics that may require long- practitioners and researchers, to recommend evaluation, and statistics activities relevant term research and topics that are focused on to the Director topics that require long- to the activities of the Department. understanding and solving particular edu- term, sustained, systematic, programmatic, (5) To establish necessary procedures for cation problems and issues, including those and integrated research efforts, including technical and scientific peer review of the associated with the goals and requirements knowledge utilization and dissemination of activities of the Academy, consistent with established in the Elementary and Sec- research, consistent with the priorities and section 117(b)(3). ondary Education Act of 1965 (20 U.S.C. 6301 mission of the Academy. (6) To ensure that all participants in re- et seq.), such as— (10) To advise the Director on opportuni- search conducted or supported by the Acad- (1) closing the achievement gap between ties for the participation in, and the ad- emy are afforded their privacy rights and high-performing and low-performing chil- vancement of, women, minorities, and per- other relevant protections as research sub- dren, especially achievement gaps between sons with disabilities in education research, jects, in accordance with section 184 of this minority and nonminority children and be- statistics, and evaluation activities of the title, section 552a of title 5, United States tween disadvantaged children and their more Academy. Code, and sections 444 and 445 of the General advantaged peers; and (11) To recommend to the Director ways to Education Provisions Act (20 U.S.C. 1232g, (2) ensuring that all children reach, at a enhance strategic partnerships and collabo- 1232h). minimum, proficiency on challenging State rative efforts among other Federal and State academic achievement standards and assess- (7) To ensure that activities conducted or research agencies. ments. supported by the Academy are objective, sec- (12) To recommend to the Director individ- (b) APPROVAL.—The Board shall approve or ular, neutral, and nonideological and are free uals to serve as Commissioners of the Na- disapprove the priorities for the Academy of partisan political influence and racial, tional Education Centers. cultural, gender, or regional bias. proposed by the Director, including any nec- (8) To undertake initiatives and programs essary revision of those priorities. The Board (c) COMPOSITION.— to increase the participation of researchers shall transmit any priorities so approved to (1) VOTING MEMBERS.—The Board shall have and institutions that have been historically the appropriate congressional committees. 15 voting members appointed by the Presi- underutilized in Federal education research (c) CONSISTENCY.—The Board shall ensure dent, with the advice and consent of the Sen- activities in the activities of the Academy, that priorities of the Academy and the Na- ate. including historically Black colleges and tional Education Centers are consistent with (2) ADVICE.—The President shall solicit ad- universities and other institutions of higher the mission of the Academy. vice on individuals to serve on the Board education with large numbers of minority (d) PUBLIC AVAILABILITY AND COMMENT.— from the National Academy of Sciences, the students. (1) PRIORITIES.—Before submitting to the National Science Foundation, and the Office (9) To coordinate with the Secretary to Board proposed priorities for the Academy, of Science and Technology Policy. promote and provide for the coordination of the Director shall make such priorities (3) NONVOTING EX OFFICIO MEMBERS.—The research and development activities and available to the public for comment (includ- Board shall have the following nonvoting ex technical assistance activities between the ing by means of the Internet and through officio members: Academy and the regional governing boards publishing such priorities in the Federal (A) The Director of the Academy of Edu- and regional entities described in section 203 Register). The Director shall provide to the cation Sciences. of the Regional Assistance Act of 2002 to en- Board a copy of each such comment sub- (B) Each of the Commissioners of the Na- sure collaboration and resource sharing and mitted. tional Education Centers. reduce redundancy in such activities. (2) PLAN.—Upon approval of such prior- (C) The Director of the National Institute (10) To solicit and consider the rec- ities, the Director shall make the Academy’s of Child Health and Human Development. ommendations of education stakeholders, in plan for addressing such priorities available (D) The Director of the Census. order to ensure that there is broad and reg- for public comment in the same manner as (E) The Commissioner of Labor Statistics. ular public and professional input from the under paragraph (1). (F) The Director of the National Science educational field in the planning and car- SEC. 117. NATIONAL BOARD FOR EDUCATION Foundation. rying out of the Academy’s activities. SCIENCES. (4) APPOINTED MEMBERSHIP.— (11) At the discretion of the Director and in (a) ESTABLISHMENT.—The Academy shall (A) QUALIFICATIONS.—Members appointed consultation with the National Academy of have a board of directors, which shall be under paragraph (1) shall be highly qualified Sciences, to conduct a study to determine— known as the National Board for Education to appraise education research, statistics, (A) a standard by which States may accu- Sciences. evaluations, or development, and shall in- rately measure the rate at which students (b) DUTIES.—The duties of the Board shall clude individuals from each of the following drop out of or graduate from secondary be the following: groups: April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1731

(i) Educators, including classroom teach- (B) to advise, consult with, and make rec- (c) QUALIFICATIONS.—Each Commissioner ers, principals, and other school administra- ommendations to the Director and the Com- shall be highly qualified in the field of edu- tors. missioner of the appropriate National Edu- cation research, statistics, or evaluation. (ii) Parents. cation Centers. (d) SERVICE AND REMOVAL.—Each Commis- (iii) Business leaders. (2) MEMBERSHIP.—A majority of the mem- sioner shall report to the Director and may (iv) Experts and scientists in research, sta- bers of each standing committee shall be be removed by the Director. A Commissioner tistics, evaluation, or development, who are voting members of the Board whose expertise shall serve for a period of no more than 6 recognized in their discipline as highly quali- is needed for the functioning of the com- years, unless reappointed by the Director, fied to represent such discipline. mittee. In addition, the membership of each except that a Commissioner may serve for an (B) SPECIAL RULE.—A majority of the vot- standing committee may include, as additional period, not to exceed 1 year, until ing members of the Board must be appointed appropriate— a successor has been appointed by the Direc- from the groups described in clauses (i) and (A) experts and scientists in research, sta- tor. (iv) of subparagraph (A). tistics, evaluation, or development who are SEC. 119. OFFICE OF EDUCATIONAL RESOURCES (C) TERMS.—Each member appointed under recognized in their discipline as highly quali- AND DISSEMINATION. paragraph (1) shall serve for a term of 4 fied to represent such discipline and who are (a) ESTABLISHMENT.—There is established years, except that— not members of the Board, but who may within the Academy an Office of Educational (i) each such member may be removed by have been recommended by the Commis- Resources and Dissemination. (b) DUTIES.—The Office of Educational Re- the President before the expiration of that sioner of the appropriate National Education sources and Dissemination shall— term; Center and approved by the Board; (1) disseminate information on scientif- (ii) the terms of the initial members ap- (B) ex officio members of the Board; and ically valid research, statistics, and evalua- pointed under such paragraph shall (as deter- (C) policymakers and expert practitioners tion on education to the public, the media, mined by a random selection process at the with knowledge of, and experience using, the voluntary organizations, and other constitu- time of appointment) be for staggered terms results of research, evaluation, and statistics encies, especially with respect to informa- of— who are not members of the Board, but who tion relating to, at a minimum— (I) 4 years for each of five members; may have been recommended by the Com- (A) the core academic areas of reading, (II) 3 years for each of five members; and missioner of the appropriate National Edu- mathematics, and science; (III) 2 years for each of five members; and cation Center and approved by the Board. (B) closing the achievement gap between (iii) no member appointed under such para- (3) DUTIES.—Each standing committee high-performing students and low-per- graph shall serve for more than two consecu- shall— forming students; tive terms. (A) at the discretion of the Board or the (C) educational practices that improve aca- (D) UNEXPIRED TERMS.—Any member ap- standing committee, review and comment on demic achievement and promote learning; pointed to fill a vacancy occurring before the any grant, contract, or cooperative agree- and expiration of the term for which the mem- ment entered into (or proposed to be entered (D) education technology, including soft- ber’s predecessor was appointed shall be ap- into) by the applicable National Education ware; pointed only for the remainder of that term. Center; (2) manage the National Library of Edu- (5) CHAIR.—The Board shall elect a chair- (B) prepare for, and submit to, the Board cation described in subsection (e), and other person from among the members of the an annual evaluation of the operations of the sources of digital information on education Board. applicable National Education Center; research; and (6) COMPENSATION.—Members of the Board (C) review and comment on the relevant (3) make such information accessible in a shall serve without pay for such service. plan for activities to be undertaken by the user-friendly, timely, and efficient manner Members of the Board who are officers or applicable National Education Center for (including through use of a searchable Inter- employees of the United States may not re- each fiscal year; and net web-based online database) to schools, ceive additional pay, allowances, or benefits (D) periodically report to the Board regard- educators, parents, administrators, policy- by reason of their service on the Board. ing the activities of the committee and the makers, researchers, public and private enti- (7) TRAVEL EXPENSES.—The members of the applicable National Education Center. ties, entities responsible for carrying out Board shall receive travel expenses, includ- (e) ANNUAL REPORT.—The Board shall sub- technical assistance through the Depart- ing per diem in lieu of subsistence, in accord- mit to the Director, the Secretary, and the ment, and the general public. ance with subchapter I of chapter 57 of title appropriate congressional committees, not (c) ADDITIONAL DUTIES.—In carrying out 5, United States Code. later than July 1 of each year, a report that assesses the effectiveness of the Academy in subsection (b), the Office of Educational Re- (8) POWERS OF THE BOARD.— sources and Dissemination shall— (A) EXECUTIVE DIRECTOR.—The Board shall carrying out its priorities and mission, espe- cially as such priorities and mission relate (1) ensure that information disseminated have an Executive Director who shall be ap- under this section is provided in a cost-effec- pointed by the Board. to carrying out scientifically valid research, conducting unbiased evaluations, and col- tive, nonduplicative manner, including the (B) ADDITIONAL STAFF.—The Board shall most current research findings, which may utilize such additional staff as may be ap- lecting and reporting accurate education statistics. include through the continuation of indi- pointed or assigned by the Director, in con- vidual clearinghouses authorized under the sultation with the Chair. (f) RECOMMENDATIONS.—The Board shall submit to the Director, the Secretary, and Educational Research, Development, Dis- (C) DETAIL OF PERSONNEL.—The Board may semination, and Improvement Act of 1994 use the services and facilities of any depart- the appropriate congressional committees a report that includes any recommendations (title IX of the Goals 2000: Educate America ment or agency of the Federal Government. Act; 20 U.S.C. 6001 et seq.) (as such Act ex- Upon the request of the Board, the head of regarding any actions that could be taken to enhance the ability of the Academy to carry isted on the day before the date of enact- any Federal department or agency may de- ment of this Act) or the clearinghouse au- tail any of the personnel of that department out its priorities and mission. The Board shall submit an interim report not later than thorized under section 2102(b) of the Elemen- or agency to the Board to assist the Board in tary and Secondary Education Act of 1965 (as carrying out this Act. 3 years after the date of enactment of this Act and a final report not later than 5 years such section existed on the day before the (D) CONTRACTS.—The Board may enter into after such date of enactment. date of enactment of the No Child Left Be- contracts or make other arrangements as hind Act of 2001 (Public Law 107–110)); may be necessary to carry out its functions. SEC. 118. COMMISSIONERS OF THE NATIONAL EDUCATION CENTERS. (2) prominently describe the type of sci- (E) INFORMATION.—The Board may, to the (a) APPOINTMENT.—The National Education entific evidence that is used to support the extent otherwise permitted by law, obtain Centers shall each be headed by a Commis- findings that are disseminated; directly from any executive department or sioner appointed by the Director. In appoint- (3) clearly explain the scientifically appro- agency of the Federal Government such in- ing Commissioners, the Director shall seek priate and inappropriate uses of— formation as the Board deems necessary to to promote continuity in leadership of the (A) the findings that are disseminated; and carry out its functions. National Education Centers and shall con- (B) the types of evidence used to support (9) MEETINGS.—The Board shall meet not sider individuals recommended by the Board. those findings; and less than four times each year. The Board The Director may appoint a Commissioner to (4) respond, as appropriate, to inquiries shall hold additional meetings at the call of carry out the functions of a National Edu- from schools, educators, parents, administra- the chairperson or upon the written request cation Center without regard to the provi- tors, policymakers, researchers, public and of at least six voting members of the Board. sions of title 5, United States Code, gov- private entities, and entities responsible for (10) QUORUM.—A majority of the voting erning appointments in the competitive carrying out technical assistance. members of the Board shall constitute a service, and the provisions of chapter 51 and (d) CONTINUATION.—The Director shall con- quorum. subchapter III of chapter 53 of such title re- tinue the existing awards of the Educational (d) STANDING COMMITTEES.— lating to classification and General Schedule Resources Information Center Clearing- (1) ESTABLISHMENT.—The Board may estab- pay rates. houses (established under section 941(f) of lish standing committees— (b) PAY.—The Commissioners shall each re- the Educational Research, Development, Dis- (A) to each serve one of the National Edu- ceive the rate of basic pay for level IV of the semination, and Improvement Act of 1994 (as cation Centers; and Executive Schedule. such provision existed on the day before the H1732 CONGRESSIONAL RECORD — HOUSE April 30, 2002 date of enactment of this Act)) for the dura- sess the progress and results of such re- duration, recipient, purpose, and goal of the tion of those existing awards, in accordance search; award and its relationship to the priorities with the terms and agreements of such (B) meets the procedures for peer review and mission of the Academy, and the reports awards. established by the Director under section and publications produced, which shall be (e) NATIONAL LIBRARY OF EDUCATION.— 115(f)(5) and the standards of research de- available in a user-friendly electronic data- There is established within the Office of Edu- scribed in section 135; and base. cational Resources and Dissemination a Na- (C) includes both basic research and ap- (3) A description of how the activities of tional Library of Education that shall be plied research, which shall include research the Research Center are consistent with the headed by an individual who is highly quali- conducted through field-initiated studies and principles of scientifically valid research and fied in library science and shall collect and may include ongoing research initiatives; the priorities and mission of the Academy. archive information, including products and (5) promote the use of scientifically valid (4) Such additional comments, rec- publications developed through, or supported research within the Federal Government, in- ommendations, and materials as the Direc- by, the Academy, and other relevant and cluding active participation in interagency tor considers appropriate. useful education-related research, statistics, research initiatives; SEC. 135. STANDARDS FOR CONDUCT AND EVAL- and evaluation and other information, (6) ensure that research conducted by the UATION OF RESEARCH. projects, and publications that are con- Research Center is relevant to education (a) IN GENERAL.—In carrying out this part, sistent with scientifically valid research or practice and policy; the Director, acting through the Research the priorities and mission of the Academy (7) synthesize and disseminate, through the Commissioner, shall— and are developed by the Department, other Office of Educational Resources and Dissemi- (1) ensure that all research conducted Federal agencies, or entities (including enti- nation, the findings and results of education under the direction of the Research Center ties supported under the Regional Edu- follows scientifically based research stand- cational Technical Assistance Act). research conducted or supported by the Re- search Center; ards; PART B—NATIONAL CENTER FOR (8) prepare and submit to the Director for (2) develop such other standards as may be EDUCATION RESEARCH approval a biennial report, as described in necessary to govern the conduct and evalua- SEC. 131. ESTABLISHMENT. section 134, which shall be made available to tion of all research, development, and dis- (a) ESTABLISHMENT.—There is established the public through such means as the Inter- semination activities carried out by the Re- in the Academy a National Center for Edu- net; and search Center to assure that such activities cation Research (in this part referred to as (9) carry out research on successful State meet the highest standards of professional the ‘‘Research Center’’). and local education reform activities that excellence; (b) MISSION.—The mission of the Research (3) review the procedures utilized by the result in increased academic achievement Center is— National Institutes of Health, the National and narrowing of achievement gaps, as ap- (1) to sponsor sustained research that will Science Foundation, and other Federal de- proved by the Director. lead to the accumulation of knowledge and partments or agencies engaged in research (b) ELIGIBILITY.—Research carried out understanding of education, particularly to and development and actively solicit rec- under subsection (a) through contracts, improve student academic achievement and ommendations from research organizations grants, or cooperative agreements shall be close the achievement gap between high-per- and members of the general public in the de- carried out only by recipients with the abil- forming and low-performing students, in- velopment of the standards described in ity and capacity to conduct scientifically cluding through the improvement of teach- paragraph (2); and valid research. ing and learning of reading, writing, mathe- (4) ensure that all research complies with (c) NATIONAL RESEARCH AND DEVELOPMENT matics, science, and other academic sub- Federal guidelines relating to research mis- CENTERS.— jects; conduct. (1) SUPPORT.—In carrying out activities (2) to support the synthesis and, as appro- (b) RESEARCH AWARDS.— under subsection (a)(3), the Director, acting priate, the integration of education research; (1) IN GENERAL.—Research carried out through the Research Commissioner, shall (3) to promote quality and integrity under this part through grants, contracts, or support national research and development through the use of accepted practices of sci- cooperative agreements, at a minimum, centers. entific inquiry to obtain knowledge and un- shall— (2) SCOPE.—Support for a national research derstanding of the validity of education (A) be awarded through a process of open and development center shall be for a period theories, practices, or conditions; and competition; and of not more than 5 years, shall be of suffi- (4) to promote scientifically valid research (B) be subject to a system of peer review of cient size and scope to be effective, and not- findings that can provide the basis for im- highly qualified individuals with an in-depth withstanding section 135(b), may be renewed proving academic instruction and lifelong knowledge of the subject to be investigated— without competition for not more than 5 ad- learning. (i) for reviewing and evaluating all applica- ditional years if the Director, in consulta- tions for grants and cooperative agreements SEC. 132. COMMISSIONER FOR EDUCATION RE- tion with the Research Commissioner and SEARCH. and bids for contracts that exceed $100,000; The Research Center shall be headed by a the Board, determines that the research of and Commissioner for Education Research (in the national research and development (ii) for evaluating and assessing the per- this part referred to as the ‘‘Research Com- center— formance of all recipients of grants, coopera- missioner’’) who shall have substantial (A) continues to address priorities of the tive agreements, and contracts. Academy; and knowledge of the activities of the Research (2) EVALUATION.—The Director, acting Center, including a high level of expertise in (B) merits renewal (applying the proce- through the Research Commissioner, shall— the fields of research and research manage- dures and standards established in section (A) develop the procedures to be used in ment. 135). evaluating applications for research grants, SEC. 133. DUTIES. (3) LIMIT.—No national research and devel- cooperative agreements, and contracts and (a) GENERAL DUTIES.—The Research Center opment center may be supported under this specify the criteria and factors which shall shall— subsection for a period of more than 10 years be considered in making such evaluations; (1) maintain published peer-review stand- without competition. and ards and standards for the conduct and eval- (4) CONTINUATION OF AWARDS.—The Direc- (B) evaluate the performance of each re- uation of all research and development car- tor, acting through the Research Commis- cipient of an award of a research grant, con- ried out under the auspices of the Research sioner, shall continue awards made to the tract, or cooperative agreement at the con- Center in accordance with this part; national research and development centers clusion of the award. (2) propose to the Director a research plan in effect on the day before the date of enact- (c) LONG-TERM RESEARCH.—The Director, that— ment of this Act in accordance with the acting through the Research Commissioner, (A) is consistent with the priorities and terms of those awards and may renew them shall assure that not less than 50 percent of mission of the Academy and the mission of in accordance with paragraphs (2) and (3). the funds made available for research for the Research Center and includes the activi- SEC. 134. BIENNIAL REPORT. each fiscal year shall be used to fund long- ties described in paragraph (3); and The Director shall, on a biennial basis, term research programs of not less than 5 (B) shall be carried out pursuant to para- transmit to the President, the Board, and years, which support the priorities and mis- graph (4) and, as appropriate, be updated and the appropriate congressional committees sion of the Academy and the mission of the modified; and make widely available to the public (in- Research Center. (3) carry out specific, long-term research cluding by means of the Internet), a report PART C—NATIONAL CENTER FOR activities that are consistent with the prior- containing the following: EDUCATION STATISTICS ities and mission of the Academy, and are (1) A description of the activities carried SEC. 151. ESTABLISHMENT. approved by the Director; out by and through the Research Center dur- (a) ESTABLISHMENT.—There is established (4) implement the plan proposed under ing the prior fiscal year. in the Academy a National Center for Edu- paragraph (2) to carry out scientifically valid (2) A detailed summary of each grant, con- cation Statistics (in this part referred to as research that— tract, and cooperative agreement in excess the ‘‘Statistics Center’’). (A) uses objective and measurable indica- of $100,000 funded during the prior fiscal (b) MISSION.—The mission of the Statistics tors, including timelines, that are used to as- year, including, at a minimum, the amount, Center shall be— April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1733 (1) to collect and analyze education infor- (2) conducting and publishing reports on Statistics Commissioner, shall establish pro- mation and statistics in a manner that the meaning and significance of the statis- cedures, in accordance with section 187, to meets the highest methodological standards; tics described in paragraph (1); ensure that the reports issued under this sec- (2) to report education information and (3) collecting, analyzing, cross-tabulating, tion are relevant, of high quality, useful to statistics in a timely manner; and and reporting, to the extent feasible, infor- customers, subject to rigorous peer review, (3) to collect, analyze, and report edu- mation by gender, race, ethnicity, socio- produced in a timely fashion, and free from cation information and statistics in a man- economic status, limited English pro- any partisan political influence. ner that— ficiency, mobility, and disability, when such (b) REPORT ON CONDITION AND PROGRESS OF (A) is objective, secular, neutral, and non- disaggregated information would facilitate EDUCATION.—Not later than June 1, 2002, and ideological and is free of partisan political educational and policy decisionmaking; each succeeding June 1 thereafter, the Direc- influence and racial, cultural, gender, or re- (4) assisting public and private educational tor, acting through the Statistics Commis- gional bias; and agencies, organizations, and institutions in sioner, shall submit to the President and the (B) is relevant and useful to practitioners, improving and automating statistical and appropriate congressional committees a sta- researchers, policymakers, and the public. data collection activities, which may include tistical report on the condition and progress SEC. 152. COMMISSIONER FOR EDUCATION STA- assisting State educational agencies and of education in the United States. TISTICS. local educational agencies with the (c) STATISTICAL REPORTS.—The Director, The Statistics Center shall be headed by a disaggregation of data; acting through the Statistics Commissioner, Commissioner for Education Statistics (in (5) acquiring and disseminating data on shall issue regular and, as necessary, special this part referred to as the ‘‘Statistics Com- educational activities and student achieve- statistical reports on education topics, par- missioner’’) who shall have substantial ment (such as the Third International Math ticularly in the core academic areas of read- knowledge of statistical methodologies and and Science Study) in the United States ing, mathematics, and science, consistent activities undertaken by the Statistics Cen- compared with foreign nations; and with the priorities and mission of the Acad- ter. (6) conducting longitudinal and special emy and the mission of the Statistics Cen- SEC. 153. DUTIES. data collections necessary to report on the ter. (a) GENERAL DUTIES.—The Statistics Cen- condition and progress of education. SEC. 156. DISSEMINATION. ter shall collect, report, analyze, and dis- (b) TRAINING PROGRAM.—The Director, act- (a) GENERAL REQUESTS.— seminate statistical data related to edu- ing through the Statistics Commissioner, (1) IN GENERAL.—The Statistics Center may cation in the United States and in other na- may establish a program to train employees furnish transcripts or copies of tables and tions, including— of public and private educational agencies, other statistical records and make special (1) collecting, acquiring, compiling (where organizations, and institutions in the use of statistical compilations and surveys for appropriate, on a State-by-State basis), and standard statistical procedures and concepts State and local officials, public and private disseminating full and complete statistics on and may establish a fellowship program to organizations, and individuals. the condition and progress of education, at appoint such employees as temporary fellows (2) COMPILATIONS.—The Statistics Center the preschool, elementary, secondary, post- at the Statistics Center in order to assist the shall provide State and local educational secondary, and adult levels in the United Statistics Center in carrying out its duties. agencies opportunities to suggest the devel- States, including data on— SEC. 154. PERFORMANCE OF DUTIES. opment of particular compilations of statis- (A) student achievement in, at a minimum, (a) GRANTS, CONTRACTS, AND COOPERATIVE tics, surveys, and analyses that would assist the core academic areas of reading, mathe- AGREEMENTS.—In carrying out the duties those educational agencies. matics, and science at all levels of edu- under this part, the Director, acting through (b) CONGRESSIONAL REQUESTS.—The Statis- cation; the Statistics Commissioner, may award tics Center shall furnish such special statis- (B) secondary school completions, drop- grants, enter into contracts and cooperative tical compilations and surveys as the rel- outs, and adult literacy and reading skills; agreements, and provide technical assist- evant congressional committees may re- (C) educational access to, and opportunity ance. quest. for, postsecondary education, including data (b) GATHERING INFORMATION.— (c) JOINT STATISTICAL PROJECTS.—The Sta- on financial aid to postsecondary students; (1) SAMPLING.—The Statistics Commis- tistics Center may engage in joint statistical (D) teaching, including— sioner may use the statistical method known projects related to the mission of the Center, (i) data on in-service professional develop- as sampling (including random sampling) to or other statistical purposes authorized by ment, including a comparison of courses carry out this part. law, with nonprofit organizations or agen- taken in the core academic areas of reading, (2) SOURCE OF INFORMATION.—The Statistics cies, and the cost of such projects shall be mathematics, and science with courses in Commissioner may, as appropriate, use in- shared equitably. noncore academic areas; and formation collected— (d) FEES.— (ii) the percentage of teachers who are (A) from States, local educational agen- (1) IN GENERAL.—Statistical compilations highly qualified (as such term is defined in cies, public and private schools, preschools, and surveys under this section, other than section 9101 of the Elementary and Sec- institutions of postsecondary education, vo- those carried out pursuant to subsections (b) ondary Education Act of 1965 (20 U.S.C. 7801)) cational and adult education programs, li- and (c), may be made subject to the payment in each State and, where feasible, in each braries, administrators, teachers, students, of the actual or estimated cost of such work. local educational agency and school; the general public, and other individuals, or- (2) FUNDS RECEIVED.—All funds received in (E) instruction, the conditions of the edu- ganizations, agencies, and institutions (in- payment for work or services described in cation workplace, and the supply of, and de- cluding information collected by States and this subsection may be used to pay directly mand for, teachers; local educational agencies for their own use); the costs of such work or services, to repay (F) the incidence, frequency, seriousness, and appropriations that initially bore all or part and nature of violence affecting students, (B) by other offices within the Academy of such costs, or to refund excess sums when school personnel, and other individuals par- and by other Federal departments, agencies, necessary. ticipating in school activities, as well as and instrumentalities. (e) ACCESS.— other indices of school safety, including in- (3) COLLECTION.—The Director, acting (1) OTHER AGENCIES.—The Statistics Center formation regarding— through the Statistics Commissioner, may— shall, consistent with section 184, cooperate (i) the relationship between victims and (A) enter into interagency agreements for with other Federal agencies having a need perpetrators; the collection of statistics; for educational data in providing access to (ii) demographic characteristics of the vic- (B) arrange with any agency, organization, educational data received by the Statistics tims and perpetrators; and or institution for the collection of statistics; Center. (iii) the type of weapons used in incidents, and (2) INTERESTED PARTIES.—The Statistics as classified in the Uniform Crime Reports of (C) assign employees of the Statistics Cen- Center shall, in accordance with such terms the Federal Bureau of Investigation; ter to any such agency, organization, or in- and conditions as the Center may prescribe, (G) the financing and management of edu- stitution to assist in such collection. provide all interested parties, including pub- cation, including data on revenues and ex- (4) TECHNICAL ASSISTANCE AND COORDINA- lic and private agencies, parents, and other penditures; TION.—In order to maximize the effectiveness individuals, direct access, in the most appro- (H) the social and economic status of chil- of Department efforts to serve the edu- priate form (including, where possible, elec- dren, including their academic achievement; cational needs of children and youth, the tronically), to data collected by the Statis- (I) the existence and use of educational Statistics Commissioner shall— tics Center for the purposes of research and technology and access to the Internet in ele- (A) provide technical assistance to the De- acquiring statistical information. mentary schools and secondary schools; partment offices that gather data for statis- SEC. 157. COOPERATIVE EDUCATION STATISTICS (J) educational access to, and opportunity tical purposes; and SYSTEMS. for, early childhood education; and (B) coordinate with other Department of- The Statistics Center may establish one or (K) the availability of, and access to, be- fices in the collection of data. more national cooperative education statis- fore-school and after-school programs (in- SEC. 155. REPORTS. tics systems for the purpose of producing and cluding such programs during school re- (a) PROCEDURES FOR ISSUANCE OF RE- maintaining, with the cooperation of the cesses); PORTS.—The Director, acting through the States, comparable and uniform information H1734 CONGRESSIONAL RECORD — HOUSE April 30, 2002

and data on early childhood education, ele- EDUCATION ACT OF 1965.—The Director, act- U.S.C. 6031(c)(1)(B)) (as such provision ex- mentary and secondary education, postsec- ing through the Evaluation Commissioner, isted on the day before the date of enact- ondary education, adult education, and li- consistent with the mission of the Evalua- ment of this Act). braries, that are useful for policymaking at tion Center under section 171(b), shall admin- (13)(A) The term ‘‘scientifically based re- the Federal, State, and local levels. ister all operations and contracts associated search standards’’ means research standards SEC. 158. STATE DEFINED. with evaluations authorized by part E of that— In this part, the term ‘‘State’’ means each title I of the Elementary and Secondary Edu- (i) apply rigorous, systematic, and objec- of the 50 States, the District of Columbia, cation Act of 1965 (20 U.S.C. 6491 et seq.) and tive methodology to obtain reliable and and the Commonwealth of Puerto Rico. administered by the Department as of the valid knowledge relevant to education ac- date of enactment of this Act. PART D—NATIONAL CENTER FOR tivities and programs; and EDUCATION EVALUATION PART E—GENERAL PROVISIONS (ii) present findings and make claims that SEC. 181. DEFINITIONS. are appropriate to and supported by the SEC. 171. ESTABLISHMENT. In this title: methods that have been employed. (a) ESTABLISHMENT.—There is established (1) The terms ‘‘elementary school’’, ‘‘sec- (B) The term includes, appropriate to the in the Academy a National Center for Edu- ondary school’’, ‘‘local educational agency’’, research being conducted— cation Evaluation (in this part referred to as and ‘‘State educational agency’’ have the (i) employing systematic, empirical meth- the ‘‘Evaluation Center’’). meanings given those terms in section 9101 of ods that draw on observation or experiment; (b) MISSION.—The mission of the Evalua- the Elementary and Secondary Education (ii) involving data analyses that are ade- tion Center shall be to conduct evaluations Act of 1965 (20 U.S.C. 7801) and the terms quate to support the general findings; of Federal education programs administered ‘‘freely associated states’’ and ‘‘outlying (iii) relying on measurements or observa- by the Secretary (and as time and resources area’’ have the meanings given those terms tional methods that provide reliable data; allow, other education programs) to deter- in section 1121(c) of such Act (20 U.S.C. (iv) making claims of causal relationships mine the impact of such programs (espe- 6331(c)). only in random assignment experiments or cially on student academic achievement in (2) The term ‘‘Academy’’ means the Acad- other designs (to the extent such designs the core academic areas of reading, mathe- emy of Education Sciences established under substantially eliminate plausible competing matics, and science), to support synthesis section 111. explanations for the obtained results); and dissemination of results of evaluation (3) The term ‘‘applied research’’ means (v) ensuring that studies and methods are research, and to encourage the use of sci- research— presented in sufficient detail and clarity to entifically valid education evaluation (A) to gain knowledge or understanding allow for replication or, at a minimum, to throughout the United States. necessary for determining the means by offer the opportunity to build systematically SEC. 172. COMMISSIONER FOR EDUCATION EVAL- which a recognized and specific need may be on the findings of the research; UATION. met; and (vi) obtaining acceptance by a peer-re- (a) IN GENERAL.—The Evaluation Center (B) that is specifically directed to the ad- viewed journal or approval by a panel of shall be headed by a Commissioner for Edu- vancement of practice in the field of edu- independent experts through a comparably cation Evaluation (in this part referred to as cation. rigorous, objective, and scientific review; the ‘‘Evaluation Commissioner’’) who— (4) The term ‘‘basic research’’ means and (1) shall possess a demonstrated capacity research— (vii) using research designs and methods for sustained productivity and leadership in (A) to gain fundamental knowledge or un- appropriate to the research question posed. education evaluation, and be technically derstanding of phenomena and observable (14) The term ‘‘scientifically valid edu- competent in conducting scientifically valid facts, without specific application toward cation evaluation’’ means an evaluation education evaluations; and processes or products; and that— (2) shall oversee all evaluation activities of (B) for the advancement of knowledge in (A) adheres to the highest possible stand- the Evaluation Center, the development of the field of education. ards of quality with respect to research de- evaluation methodology, the reporting of (5) The term ‘‘Board’’ means the National sign and statistical analysis; findings of evaluations to the public and ap- Board for Education Sciences established (B) provides an adequate description of the propriate congressional committees, and under section 117. programs evaluated and, to the extent pos- other duties essential to carrying out the (6) The term ‘‘Department’’ means the De- sible, examines the relationship between pro- mission of the Evaluation Center. partment of Education. gram implementation and program impacts; (b) GRANTS, CONTRACTS, AND COOPERATIVE (7) The term ‘‘development’’ means the (C) provides an analysis of the results AGREEMENTS.—In carrying out the duties systematic use of knowledge or under- achieved by the program with respect to its under this part, the Director, acting through standing gained from the findings of scientif- projected effects; the Evaluation Commissioner, may award ically valid research that may prove useful (D) employs experimental designs using grants, enter into contracts and cooperative in areas (such as the preparation of mate- random assignment, when feasible, and other agreements, and provide technical assist- rials and new methods of instruction and research methodologies that allow for the ance. practices in teaching), that may lead to the strongest possible causal inferences when SEC. 173. DUTIES. improvement of the academic skills of stu- random assignment is not feasible; and (a) GENERAL DUTIES.— dents, and that are replicable in different (E) may study program implementation (1) IN GENERAL.—The Evaluation Center educational settings. through a combination of scientifically valid shall— (8) The term ‘‘Director’’ means the Direc- and reliable methods. (A) conduct or support evaluations con- tor of the Academy of Education Sciences. (15) The term ‘‘scientifically valid re- sistent with the Evaluation Center’s mission (9) The term ‘‘dissemination’’ means the search’’ includes applied research, basic re- as described in section 171(b); communication and transfer of the results of search, and field-initiated research in which (B) evaluate programs under title I of the scientifically valid research, statistics, and the rationale, design, and interpretation are Elementary and Secondary Education Act of evaluations, in forms that are understand- soundly developed in accordance with sci- 1965 (20 U.S.C. 6301 et seq.); able, easily accessible, and usable, or adapt- entifically based research standards. (C) coordinate the activities of the Evalua- able for use in, the improvement of edu- (16) The term ‘‘Secretary’’ means the Sec- tion Center with other evaluation activities cational practice by teachers, administra- retary of Education. in the Department; and tors, librarians, other practitioners, re- (17) The term ‘‘State’’ includes (except as (D) review and, where feasible, supplement searchers, policymakers, and the public, provided in section 158 and in the National Federal education program evaluations, par- through the provision of technical assist- Assessment of Educational Progress Author- ticularly those by the Department, to deter- ance, electronic transfer, and other means. ization Act) each of the 50 States, the Dis- mine or enhance the quality and relevance of (10) The term ‘‘field-initiated research’’ trict of Columbia, the Commonwealth of the evidence generated by those evaluations. means basic research or applied research in Puerto Rico, the freely associated states, (2) ADDITIONAL REQUIREMENTS.—Each eval- which specific questions and methods of and the outlying areas. uation conducted by the Evaluation Center study are generated by investigators (includ- (18) The term ‘‘technical assistance’’ pursuant to paragraph (1) shall adhere to the ing teachers and other practitioners) and means— highest possible standards of quality for con- that conforms to standards of scientifically (A) assistance in identifying, selecting, or ducting scientifically valid education eval- valid research. designing solutions (including professional uation. (11) The term ‘‘institution of higher edu- development and training to implement such (3) REPORT.—The Director, acting through cation’’ has the meaning given that term in solutions) leading to— the Evaluation Commissioner, shall submit section 101(a) of the Higher Education Act of (i) improved educational practices and to the President and the appropriate con- 1965 (20 U.S.C. 1001(a)). classroom instruction based on scientifically gressional committees a report on the Eval- (12) The term ‘‘national research and devel- valid research; and uation Center’s evaluation activities on a bi- opment center’’ means a research and devel- (ii) improved planning, design, and admin- ennial basis. opment center under section 931(c)(1)(B) of istration of programs; (b) ADMINISTRATION OF EVALUATIONS UNDER the Education Research, Development, Dis- (B) assistance in interpreting, analyzing, TITLE I OF THE ELEMENTARY AND SECONDARY semination, and Improvement Act of 1994 (20 and utilizing statistics and evaluations; and April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1735 (C) other assistance necessary to encour- ensure a high level of customer satisfaction ployee is necessary to provide the Academy age the adoption or application of scientif- through the following methods: with scientific or technical expertise that ically valid research. (1) Establishing and improving feedback could not otherwise be obtained by the Acad- SEC. 182. INTERAGENCY DATA SOURCES AND mechanisms in order to anticipate customer emy through the competitive service and FORMATS. needs. such necessity can be justified in a clear and The Secretary, in consultation with the (2) Disseminating information in a timely convincing fashion. Director, shall ensure that the Department fashion and in formats that are easily acces- (b) MAXIMUM NUMBER.—Employees ap- and the Academy use common sources of sible and usable by researchers, practi- pointed under this section and employed at data in standardized formats. tioners, and the general public. the Academy at any particular time shall SEC. 183. PROHIBITIONS. (3) Utilizing the most modern technology not exceed the greater of 20 percent of the (a) NATIONAL DATABASE.—Nothing in this and other methods available, including ar- total employees of the Academy or a total of title may be construed to authorize the de- rangements to use data collected electroni- 60 individuals. velopment of a nationwide database of indi- cally by States and local educational agen- (c) MAXIMUM PAY RATE.—An employee ap- vidually identifiable information on individ- cies, to ensure the efficient collection and pointed under this section may not be paid uals involved in studies or other collections timely distribution of information, including at a rate that exceeds the rate of basic pay of data under this title. data and reports. for level V of the Executive Schedule, except (b) FEDERAL GOVERNMENT AND USE OF FED- (4) Establishing and measuring perform- that not more than 10 individuals appointed ERAL FUNDS.—Nothing in this title may be ance against a set of indicators for the qual- under this section may be paid at a rate that construed to authorize an officer or em- ity of data collected, analyzed, and reported. does not exceed the rate of basic pay for ployee of the Federal Government to man- (5) Continuously improving management level IV of the Executive Schedule. date, direct, or control the curriculum, pro- strategies and practices. (d) DURATION.—An employee appointed gram of instruction, or allocation of State or (6) Making information available to the under this section may not serve longer than local resources of a State, local educational public in an expeditious fashion. 6 years. agency, or school, or to mandate a State, or SEC. 187. AUTHORITY TO PUBLISH. SEC. 190. VOLUNTARY SERVICE. any subdivision thereof, to spend any funds (a) PUBLICATION.—The Director may pre- The Secretary, acting through the Direc- or incur any costs not provided for under pare and publish (including through oral tor, may accept voluntary and uncompen- this title. presentation) such research, statistics, and sated services to carry out and support ac- (c) ENDORSEMENT OF CURRICULUM.—Not- evaluation information and reports from any tivities that are consistent with the prior- withstanding any other provision of Federal office, board, committee, and center of the ities and mission of the Academy. law, no funds provided under this title to the Academy as needed to carry out the prior- SEC. 191. FELLOWSHIPS. Academy, including any office, board, com- ities and mission of the Academy. In order to strengthen the national capac- mittee, or center of the Academy, may be (b) PEER REVIEW.—All research, statistics, ity to carry out high-quality research, eval- used by the Academy to endorse, approve, or and evaluation reports conducted by, or sup- uation, and statistics related to education, sanction any curriculum designed to be used ported through, the Academy shall be sub- the Director shall establish and maintain re- in an elementary school or secondary school. jected to rigorous peer review before being search, evaluation, and statistics fellowships (d) FEDERALLY SPONSORED TESTING.— published or otherwise made available to the in the Academy and institutions of higher (1) IN GENERAL.—Subject to paragraph (2), public. education (which may include the establish- (c) ADVANCE COPIES.—The Director shall no funds provided under this title to the Sec- ment of such fellowships in historically provide the Secretary an advance copy of retary or to the recipient of any award may Black colleges and universities and other in- any information to be published under this be used to develop, pilot test, field test, im- stitutions of higher education with large section at least 30 days before publication. plement, administer, or distribute any feder- numbers of minority students) that support ally sponsored national test in reading, (d) ITEMS NOT COVERED.—Nothing in sub- section (a) or (b) shall be construed to apply graduate and postdoctoral study, particu- mathematics, or any other subject, unless larly for women and minorities, with such specifically and explicitly authorized by law. to— (1) information on current or proposed stipends and allowances (including travel (2) EXCEPTIONS.—Subsection (a) shall not and subsistence expenses) as the Director apply to international comparative assess- budgets, appropriations, or legislation; (2) information prohibited from disclosure may determine necessary to obtain the as- ments developed under the authority of sec- sistance of highly qualified research, evalua- tion 153(a)(5) of this title or section 404(a)(6) by law or the Constitution, classified na- tional security information, or information tion, and statistics fellows. of the National Education Statistics Act of SEC. 192. RULEMAKING. 1994 (20 U.S.C. 9003(a)(6)) (as such section ex- described in section 552(b) of title 5, United States Code; and Notwithstanding section 437(d) of the Gen- isted on the day before the date of enact- eral Education Provisions Act (20 U.S.C. ment of this Act) and administered to only a (3) review by officers of the United States in order to prevent the unauthorized disclo- 1232(d)), the exemption for public property, representative sample of pupils in the United loans, grants, and benefits in section 553(a)(2) States and in foreign nations. sure of information described in paragraph (1) or (2). of title 5, United States Code, shall apply to SEC. 184. CONFIDENTIALITY. SEC. 188. VACANCIES. the Academy. (a) IN GENERAL.—All collection, mainte- Any member appointed to fill a vacancy on SEC. 193. AUTHORIZATION OF APPROPRIATIONS. nance, use, and dissemination of data by the the Board occurring before the expiration of (a) IN GENERAL.—There are authorized to Academy, including each office, board, com- the term for which the member’s predecessor be appropriated to administer and carry out mittee, and center of the Academy, shall was appointed shall be appointed only for the this title $400,000,000 for fiscal year 2003 and conform with the requirements of section remainder of that term. A vacancy in an of- such sums as may be necessary for each of 552a of title 5, United States Code, the con- fice, board, committee, or center of the the 5 succeeding fiscal years, of which— fidentiality standards of subsection (c) of Academy shall be filled in the manner in (1) no less than the amount provided to the this section, and sections 444 and 445 of the which the original appointment was made. National Center for Education Statistics (as General Education Provisions Act (20 U.S.C. This section does not apply to employees ap- such Center was in existence on the day be- 1232g, 1232h). pointed under section 189. fore the date of enactment of this Act) for (b) STUDENT INFORMATION.—The Director fiscal year 2002 shall be provided to the Na- shall ensure that all individually identifiable SEC. 189. SCIENTIFIC OR TECHNICAL EMPLOY- EES. tional Center for Education Statistics, as au- information about students, their academic (a) APPOINTMENT AND PAY.—The Director thorized under part C; and achievements, and their families, and infor- may appoint for limited periods of time and (2) the lesser of 2 percent of such funds or mation with respect to individual schools, fix the pay of certain scientific or technical $1,000,000 shall be made available to carry remains confidential in accordance with sec- employees to carry out the functions of the out section 117 (relating to the National tion 552a of title 5, United States Code, sub- Academy or the office, board, committee, or Board for Education Sciences). section (c) of this section, and sections 444 center, respectively, without regard to the (b) AVAILABILITY.—Amounts made avail- and 445 of the General Education Provisions provisions of title 5, United States Code, gov- able under this section shall remain avail- Act (20 U.S.C. 1232g, 1232h). erning appointments in the competitive able until expended. SEC. 185. AVAILABILITY OF DATA. service, and the provisions of chapter 51 and TITLE II—REGIONAL EDUCATIONAL AP- Subject to section 184, data collected by subchapter III of chapter 53 of such title re- PLIED RESEARCH AND TECHNICAL AS- the Academy, including any office, board, lating to classification and General Schedule SISTANCE committee, or center of the Academy, in car- pay rates, provided that— rying out the priorities and mission of the (1) at least 30 days before the appointment SEC. 201. SHORT TITLE. Academy, shall be made available to the of any employee under this subsection, the This title may be cited as the ‘‘Regional public, including through use of the Internet. Director shall give public notice of the avail- Assistance Act of 2002’’. SEC. 186. PERFORMANCE MANAGEMENT. ability of such position and shall provide an SEC. 202. TABLE OF CONTENTS. The Director shall ensure that all activi- opportunity for qualified individuals to The table of contents for this title is as fol- ties conducted or supported by the Academy apply and compete for the position; and lows: or a National Education Center make cus- (2) the Director may not appoint an em- Sec. 201. Short title. tomer service a priority. The Director shall ployee under this subsection unless the em- Sec. 202. Table of contents. H1736 CONGRESSIONAL RECORD — HOUSE April 30, 2002 Sec. 203. Regional educational applied re- cational needs of the region, that reflect (bb) Representatives of institutions of search and technical assistance findings from scientifically valid research, higher education. entities. and that result in user-friendly, replicable (cc) Parents. Sec. 204. Regional advisory committees. classroom applications geared toward pro- (dd) Practicing educators, including class- Sec. 205. Priorities and evaluations. moting increased student achievement; and room teachers, principals, and administra- Sec. 206. Authorization of appropriations. (D) supporting development activities and tors. Sec. 207. General provisions. contributing to the current base of education (ee) Representatives of business. SEC. 203. REGIONAL EDUCATIONAL APPLIED RE- knowledge by addressing enduring problems (ff) Policymakers, expert practitioners, SEARCH AND TECHNICAL ASSIST- ANCE ENTITIES. in elementary and secondary education. and researchers with knowledge of, and expe- rience using, the results of research, evalua- (a) ESTABLISHMENT.— (2) COORDINATION AND COLLABORATION.— (1) IN GENERAL.—The Secretary shall sup- Each regional entity shall coordinate its ac- tion, and statistics. port, through competitive contracts, a sys- tivities, collaborate, and regularly exchange (ii) SPECIAL RULE.—In the case of a State tem of regional educational applied research information with the Secretary, the Director in which the Governor has the primary re- and technical assistance entities (in this of the Academy of Education Sciences, the sponsibility under State law for elementary title referred to as ‘‘regional entities’’) to Office of Educational Resources and Dissemi- and secondary education in the State, the provide applied research, dissemination, nation of the Academy, and other appro- Governor shall consult with the State edu- training, technical assistance, and develop- priate entities (including educational service cational agency in selecting additional mem- ment activities related to the administra- agencies, as defined in section 9101 of the El- bers of the regional contract board under tion and implementation of Federal edu- ementary and Secondary Education Act of clause (i)(II). cation programs and other regional edu- 1965 (20 U.S.C. 7801)). (C) DUTIES.—The regional contract board cation needs to States, local educational (3) ALLOCATION OF RESOURCES.—Each re- shall— agencies, schools, Indian tribes, community- gional entity shall direct its resources under (i) oversee, guide, and direct the regional based organizations, and other appropriate this title to, and within, each State in a entity’s performance of its contract awarded entities. manner that reflects the need for assistance, under this section, subject to the Secretary’s (2) REGIONS.—In establishing geographical taking into account factors such as the pro- ultimate authority to enforce the contract; regions to be served by the regional entities, portion of economically disadvantaged stu- (ii) ensure that the activities of the re- the Secretary shall serve the same geo- dents and the cost burden in areas of sparse gional entity under this section monitor and graphical regions as served by the regional populations, and giving priority to— address the educational needs of the region, educational laboratories established under (A) schools with high percentages or num- on an ongoing basis; section 941(h) of the Educational Research, bers of students from low-income families, as (iii) ensure that the regional entity attains Development, Dissemination, and Improve- determined under section 1113(a)(5) of the El- and maintains a high standard of quality in ment Act of 1994 (as such provision existed ementary and Secondary Education Act of the performance of its activities, consistent on the day before the date of enactment of 1965 (20 U.S.C. 6313(a)(5)), including such with the standards established under section this Act). schools in rural and urban areas, and schools 205(b); and (3) ALLOCATION.—From the funds appro- participating in schoolwide programs under (iv) ensure that the regional entity carries priated under section 206, the Secretary shall title I of that Act (20 U.S.C. 6301 et seq.); out its duties in a manner that promotes allocate for each region for each fiscal year (B) local educational agencies in which progress toward reforming schools and edu- an amount of funds that is comparable in high percentages or numbers of school-age cational systems. proportion to the amount of funds awarded children are from low-income families, as de- (D) ACCEPTANCE OF OTHER ASSISTANCE.— to serve the needs of that region under prior termined under section 1124(c)(1)(A) of the Each regional contract board may accept regional assistance programs under section Elementary and Secondary Education Act of gifts, in-kind contributions, services, or 3141 and parts A and C of title XIII of the El- 1965 (20 U.S.C. 6333(c)(1)(A)), including such other assistance to facilitate its activities. ementary and Secondary Education Act of local educational agencies in rural and urban (E) BOARD REPORT.—The regional contract 1965 (as such provisions existed on the day areas; and board shall submit to the regional entity, for before the date of enactment of the No Child (C) schools that have been identified for inclusion in the entity’s annual report under Left Behind Act of 2001 (Public Law 107–110)) school improvement under section 1116 of the paragraph (4), the following: and section 941(h) of the Educational Re- Elementary and Secondary Education Act of (i) A summary of the board’s activities search, Development, Dissemination, and 1965 (20 U.S.C. 6316). during the preceding year. Improvement Act of 1994 (as such Act existed (4) REPORT TO SECRETARY.—Each regional (ii) A description of how well the regional on the day before the date of enactment of entity shall submit to the Secretary an an- entity is meeting the educational needs of this Act). nual report, at such time, in such manner, the region. (b) ACTIVITIES OF THE REGIONAL ENTITIES.— and containing such information as the Sec- (iii) Any other information the Secretary (1) REGIONAL SUPPORT ACTIVITIES.—The sys- retary may require, which shall include the may require. tem of regional entities, established under following: (c) APPLICATION.— subsection (a)(1), shall support applied re- (i) The information described in paragraph (1) SUBMISSION.—Each regional entity seek- search, development, dissemination, and (5)(E). ing a contract under this section shall sub- technical assistance activities by— (ii) A summary of the entity’s activities mit an application at such time, in such (A) providing training and technical assist- during the preceding year. manner, and containing such additional in- ance regarding, at a minimum— (iii) A listing of the States, local edu- formation as the Secretary may reasonably (i) the administration and implementation cational agencies, and schools the entity as- require. of programs under the Elementary and Sec- sisted during the preceding year. (2) PLAN.—Each application submitted ondary Education Act of 1965 (20 U.S.C. 6301 (5) REGIONAL CONTRACT BOARDS.— under paragraph (1) shall contain a 5-year et seq.); (A) ESTABLISHMENT.—Not later than 120 plan for carrying out the activities described (ii) scientifically valid research in edu- days after entering into a contract under in subsection (b) in a manner that addresses cation on teaching methods and assessment this section, a regional entity shall establish the priorities established under section 205(a) tools for use by teachers and administrators a regional contract board. and addresses the needs of all States (and to in, at a minimum— (B) COMPOSITION.— the extent practicable, of local educational (I) the core academic areas of mathe- (i) IN GENERAL.—The regional contract agencies) within the region, on an ongoing matics, science, and reading; and board shall be composed of— basis. (II) education technology; and (I) the chief State school officers (or other (3) ELIGIBLE APPLICANTS.—Contracts under (iii) the facilitation of communication be- State officials in each State served by the re- this section may be made with private or tween education experts, school officials, gional entity who have primary responsi- public, for-profit or nonprofit research orga- teachers, parents, and librarians, as appro- bility under State law for elementary and nizations, institutions, agencies, institutions priate; secondary education in the State), or their of higher education, or partnerships among (B) disseminating and providing scientif- designees, in the region served by the re- such entities, or individuals, with the dem- ically valid research, information, reports, gional entity; and onstrated ability or capacity to carry out and publications that are usable for improv- (II) not more than 15 other members who the activities described in subsection (b), ing academic achievement, narrowing are representative of the educational inter- which may include regional entities that achievement gaps, and encouraging and sus- ests in the region served by the regional en- carried out activities under the Educational taining school improvement, to— tity and are selected jointly by the officials Research, Development, Dissemination, and (i) schools, educators, parents, and policy- specified in subclause (I) and the Governors Improvement Act of 1994 (as such Act existed makers within the applicable region in of each State within the region, including on the day before the date of enactment of which the entity is located; and the following: this Act) and title XIII of the Elementary (ii) the Office of Educational Resources (aa) Representatives of local educational and Secondary Education Act of 1965 (as such and Dissemination; agencies, including representatives of local title existed on the day before the date of en- (C) carrying out applied research projects educational agencies serving urban and rural actment of the No Child Left Behind Act of that are designed to serve the particular edu- areas. 2001 (Public Law 107–110)). April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1737

(4) OUTREACH.—In conducting competitions of 2001 (Public Law 107–110)), for the duration described in section 203(b)(1) and how those for contracts under this section, the Sec- of those existing awards in accordance with needs would be most effectively addressed; retary shall— the terms and agreements of such awards; and (A) actively encourage potential applicants and (3) submit the survey to the Secretary and to compete for such awards by making wide- (2) may extend for no more than 2 years to the Director of the Academy of Education ly available information and technical as- the awards of the Comprehensive Regional Sciences, at such time, in such manner, and sistance relating to the competition; and Assistance Centers established under part K containing such information as the Sec- (B) seek input from Governors, chief State of the Educational Research, Development, retary may require. school officers, educators, and parents re- Dissemination, and Improvement Act of 1994 SEC. 205. PRIORITIES AND EVALUATIONS. garding the need for applied research, dis- (as such part existed on the day before the (a) PRIORITIES.—The Secretary may estab- semination, training, technical assistance, date of enactment of this Act). lish priorities for the regional entities to ad- and development activities authorized by SEC. 204. REGIONAL ADVISORY COMMITTEES. dress. The priorities shall directly cor- this title in the regions to be served and how (a) ESTABLISHMENT.—The Secretary shall respond with the educational needs of the re- those educational needs would be addressed establish a regional advisory committee for gion, using the regional survey conducted most effectively. each region described in section 203(a)(2). under section 204(d). (5) OBJECTIVES AND INDICATORS.—Before en- (b) MEMBERSHIP.— (b) STANDARDS.—The Secretary shall estab- tering into a contract under this section, the (1) COMPOSITION.—The membership of each lish standards, consistent with those estab- Secretary shall design specific objectives and regional advisory committee shall— lished under section 135(a) of the Education measurable indicators, using the results of (A) not exceed 25 members; Sciences Reform Act of 2001, for the conduct the survey conducted under section 204(d), to (B) contain a balanced representation of of research and development and the dis- be used to assess the particular programs or States in the region; and semination of scientifically based research initiatives, and ongoing progress and per- (C) include not more than one representa- by the regional entities. formance, of the regional entities, in order tive of each State educational agency geo- (c) EVALUATIONS.—The Secretary shall pro- to ensure that the educational needs of the graphically located in the region. vide for ongoing independent evaluations of region are being met and that the latest and the regional entities receiving contracts (2) ELIGIBILITY.—The membership of each best research and proven practices are being under this title, the results of which shall be carried out as part of school improvement ef- regional advisory committee may include the following: transmitted to the appropriate congressional forts. committees and the Director of the Academy (d) AUTHORITY.— (A) Representatives of local educational agencies, including rural and urban local of Education Sciences. Such evaluations (1) IN GENERAL.—To carry out the activi- shall include an analysis of the services pro- ties described in subsection (b), the Sec- educational agencies. (B) Representatives of institutions of high- vided under this title, the extent to which retary shall— each of the regional entities meets the objec- (A)(i) enter into contracts for a 5-year pe- er education, including individuals rep- resenting university-based education re- tives of its respective plan (as submitted in riod with at least two regional entities for its application under section 203(c)(2)), and each region described in subsection (a)(2), of search and university-based research on sub- jects other than education. whether such services meet the educational which at least one shall be a nonprofit enti- needs of State educational agencies and local ty; (C) Parents. (D) Practicing educators, including class- educational agencies and schools in the re- (ii) ensure that the primary duties of at gion. least one regional entity shall include activi- room teachers, principals, administrators, SEC. 206. AUTHORIZATION OF APPROPRIATIONS. ties described in subsection (b)(1)(A); and school board members, and other local (a) IN GENERAL.—There are authorized to (iii) ensure that the primary duties of at school officials. be appropriated to carry out this title least one regional entity shall include activi- (E) Representatives of business. $189,000,000 for fiscal year 2003 and such sums ties described in subsections (b)(1)(C) and (F) Researchers. as may be necessary for each of the 5 suc- (b)(1)(D); and (3) RECOMMENDATIONS.—In choosing indi- ceeding fiscal years. (B) ensure that the regional entities have viduals for membership on a regional advi- (b) LIMITATION.—Not more than 5 percent sory committee, the Secretary shall consult strong and effective governance, organiza- of the funds appropriated under subsection with, and solicit recommendations from, the tion, management, and administration, and (a) for a fiscal year may be used to establish Governors, chief State school officers, and employ qualified staff. and administer the regional advisory com- education stakeholders within the applicable (2) COORDINATION.—In order to ensure co- mittees required under section 204 and to region. ordination and prevent unnecessary duplica- conduct the evaluations required under sec- (4) SPECIAL RULE.—The total number of tion of activities among the regions, the Sec- tion 205(c). retary shall— members on each committee who are se- SEC. 207. GENERAL PROVISIONS. (A) share information about the activities lected under subparagraphs (A), (C), and (D) Part E of the Education Sciences Reform of each regional entity with each other re- of paragraph (2), collectively, shall exceed Act of 2002 applies to this title, as appro- gional entity and with the Department, in- the total number of members who are se- priate, except that any duty of the Director cluding the Director of the Academy of Edu- lected under paragraph (1)(C) and subpara- of the Academy of Education Sciences under cation Sciences and the National Board for graphs (B), (E), and (F) of paragraph (2), col- that part shall be a duty of Secretary under Education Sciences; lectively. this title. (B) create a strategic plan for ensuring (c) DUTIES.—Each regional advisory com- that each regional entity increases collabo- mittee shall advise the Secretary on the fol- TITLE III—NATIONAL ASSESSMENT OF ration and resource-sharing in such activi- lowing: EDUCATIONAL PROGRESS ties; (1) The educational needs of its region SEC. 301. SHORT TITLE. (C) where appropriate, ensure that the ac- (using the results of the survey conducted This title may be referred to as the ‘‘Na- tivities of each regional entity also serve na- under subsection (d)), in order to assist in tional Assessment of Educational Progress tional interests; and making decisions regarding the priorities es- Authorization Act’’. (D) ensure that each of the regional enti- tablished under section 205(a) and the prior- SEC. 302. DEFINITIONS. ties funded under this title coordinates its ities established under section 116 of the In this title: activities with the activities of the other re- Education Sciences Reform Act of 2002. (1) The term ‘‘Director’’ means the Direc- gional entities. (2) The quality of the applications sub- tor of the Academy of Education Sciences. (e) CONTINUATION.—In order to carry out mitted under section 203(c). (2) The term ‘‘State’’ means each of the 50 this title and facilitate the transition to re- (3) The quality of the regional entity’s per- States, the District of Columbia, and the gional entities, the Secretary— formance of its contract. Commonwealth of Puerto Rico. (1) shall continue the existing awards of (d) REGIONAL SURVEYS.—Each regional ad- SEC. 303. AUTHORIZATION OF APPROPRIATIONS. the regional educational laboratories estab- visory committee shall— (a) IN GENERAL.—There are authorized to lished under section 941(h) of the Edu- (1) conduct a survey of the educational be appropriated— cational Research, Development, Dissemina- needs, strengths, and weaknesses within the (1) for fiscal year 2003— tion, and Improvement Act of 1994 (as such region to be served; (A) $4,600,000 to carry out section 302 (relat- provision existed on the day before the date (2) in conducting the survey under para- ing to the National Assessment Governing of enactment of this Act), the Eisenhower graph (1), seek input from Governors, chief Board); and Regional Mathematics and Science Edu- State school officers, educators, and parents (B) $107,500,000 to carry out section 303 (re- cation Consortia established under part M of (including through a process of open hear- lating to the National Assessment of Edu- such Act (as such part existed on the day be- ings to solicit the views and needs of schools cational Progress); and fore the date of enactment of this Act), and (including public charter schools), teachers, (2) such sums as may be necessary for each the Regional Technology in Education Con- administrators, parents, local educational of the 5 succeeding fiscal years to carry out sortia under section 3141 of the Elementary agencies, librarians, businesses, State edu- sections 302 and 303. and Secondary Education Act of 1965 (as such cational agencies, and other customers (such (b) AVAILABILITY.—Amounts made avail- section existed on the day before the date of as adult education programs) within the re- able under this section shall remain avail- enactment of the No Child Left Behind Act gion) regarding the need for the activities able until expended. H1738 CONGRESSIONAL RECORD — HOUSE April 30, 2002 TITLE IV—AMENDATORY PROVISIONS (10) in subsection (e)(5), by striking ‘‘and (2) Parts A through E and K through N of SEC. 401. REDESIGNATIONS. the Advisory Council on Education Statis- the Educational Research, Development, Dis- (a) CONFIDENTIALITY.—Section 408 of the tics’’; semination, and Improvement Act of 1994 National Education Statistics Act of 1994 (20 (11) in subsection (e)(6), by striking ‘‘sec- (title IX of the Goals 2000: Educate America U.S.C. 9007) is amended— tion 411(e)’’ and inserting ‘‘section 303(e)’’; Act) (20 U.S.C. 6001 et seq.). (1) by striking ‘‘center’’, ‘‘Center’’, and and (3) Paragraph (2) of section 401(b) of the De- ‘‘Commissioner’’ each place any such term (12) by transferring and redesignating the partment of Education Organization Act (20 appears and inserting ‘‘Director’’; section as section 302 (following section 301) U.S.C. 3461(b)(2)). (2) in subsection (a)(2)(A), by striking ‘‘sta- of title III of this Act. SEC. 404. CONFORMING AND TECHNICAL AMEND- tistical purpose’’ and inserting ‘‘research, (d) NATIONAL ASSESSMENT OF EDUCATIONAL MENTS. statistics, or evaluation purpose under this PROGRESS.—Section 411 of the National Edu- (a) GOALS 2000: EDUCATE AMERICA ACT.— title’’; cation Statistics Act of 1994 (20 U.S.C. 9010) The table of contents in section 1(b) of the (3) so that paragraph (1) of subsection (b) is amended— Goals 2000: Educate America Act (20 U.S.C. reads as follows: (1) by striking ‘‘Commissioner’’ each place 5801 note) is amended by striking the items such term appears and inserting ‘‘Commis- ‘‘(1) IN GENERAL.— relating to parts A through E of title IX (in- sioner for Education Statistics’’; ‘‘(A) DISCLOSURE.—No Federal department, cluding the items relating to sections within bureau, agency, officer, or employee and no (2) by striking ‘‘National Assessment Gov- those parts). recipient of a Federal grant, contract, or co- erning Board’’ and ‘‘National Board’’ each (b) TITLE 5, UNITED STATES CODE.—Title 5, operative agreement may, for any reason, re- place either such term appears and inserting United States Code, is amended— quire the Director, any Commissioner of a ‘‘Assessment Board’’; (1) in section 5314, by inserting a period National Education Center, or any other em- (3) in subsection (a)— after ‘‘Under Secretary of Education’’; and ployee of the Academy to disclose individ- (A) by striking ‘‘section 412’’ and inserting (2) in section 5315, by striking the fol- ually identifiable information that has been ‘‘section 302’’; lowing: collected or retained under this title. (B) by striking ‘‘and with the technical as- ‘‘Commissioner, National Center for Edu- sistance of the Advisory Council established ‘‘(B) IMMUNITY.—Individually identifiable cation Statistics.’’. information collected or retained under this under section 407,’’; and (c) GENERAL EDUCATION PROVISIONS ACT.— title shall be immune from legal process and (C) by inserting ‘‘(awarded by the Director, Section 447(b) of the General Education Pro- shall not, without the consent of the indi- acting through the Commissioner for Edu- visions Act (20 U.S.C. 1232j) is amended by vidual concerned, be admitted as evidence or cation Statistics)’’ after ‘‘cooperative agree- striking ‘‘section 404(a)(6) of the National used for any purpose in any action, suit, or ments’’; Education Statistics Act of 1994 (20 U.S.C. other judicial or administrative proceeding. (4) in subsection (b)(1), by inserting ‘‘of’’ 9003(a)(6))’’ and inserting ‘‘section 153(a)(5) of after ‘‘academic achievement and report- ‘‘(C) APPLICATION.—This paragraph does the Education Sciences Reform Act of 2002’’. ing’’; not apply to requests for individually identi- (d) ELEMENTARY AND SECONDARY EDUCATION (5) in subsection (b)(3)(A)— fiable information submitted by or on behalf ACT OF 1965.—The Elementary and Secondary of the individual identified in the informa- (A) in clause (i), by striking ‘‘paragraphs Education Act of 1965 (20 U.S.C. 6301 et seq.) tion.’’; (1)(B) and (1)(E)’’ and inserting ‘‘paragraphs is amended as follows: (4) in paragraphs (2) and (6) of subsection (2)(B) and (2)(E)’’; (1) Section 1111(c)(2) is amended by strik- (b), by striking ‘‘subsection (a)(2)’’ each (B) in clause (ii), by striking ‘‘paragraph ing ‘‘section 411(b)(2) of the National Edu- place such term appears and inserting ‘‘sub- (1)(C)’’ and inserting ‘‘paragraph (2)(C)’’; and cation Statistics Act of 1994’’ and inserting section (c)(2)’’; (C) in clause (iii), by striking ‘‘paragraph ‘‘section 303(b)(2) of the National Assessment (5) in paragraphs (3) and (7) of subsection (1)(D)’’ and inserting ‘‘paragraph (2)(D)’’; of Educational Progress Authorization Act’’. (b), by striking ‘‘Center’s’’ each place such (6) in subsection (b)(5), by striking ‘‘(c)(2)’’ (2) Section 1112(b)(1)(F) is amended by term appears and inserting ‘‘Director’s’’; and and inserting ‘‘(c)(3)’’; striking ‘‘section 411(b)(2) of the National (6) by striking the section heading and (7) in subsection (c)(2)(D), by striking ‘‘sub- Education Statistics Act of 1994’’ and insert- transferring all the subsections (including paragraph (B)’’ and inserting ‘‘subparagraph ing ‘‘section 303(b)(2) of the National Assess- subsections (a) through (c)) and redesig- (C)’’; ment of Educational Progress Authorization nating such subsections as subsections (c) (8) in subsection (e)(4), by striking ‘‘sub- Act’’. through (e), respectively, at the end of sec- paragraph (2)(C)’’ and inserting ‘‘paragraph (3) Section 1117(a)(3) is amended— tion 184 of this Act. (2)(C) of such subsection’’; (A) by inserting ‘‘(as such section existed (9) in subsection (f)(1)(B)(iv), by striking (b) CONFORMING AMENDMENT.—Sections 302 on the day before the date of enactment of and 303 of this Act are redesignated as sec- ‘‘section 412(e)(4)’’ and inserting ‘‘section the Education Sciences Reform Act of 2002)’’ tions 304 and 305, respectively. 302(e)(4)’’; and after ‘‘Act of 1994’’; and (c) NATIONAL ASSESSMENT GOVERNING (10) by transferring and redesignating the (B) by inserting ‘‘regional educational ap- BOARD.—Section 412 of the National Edu- section as section 303 (following section 302) plied research and technical assistance enti- cation Statistics Act of 1994 (20 U.S.C. 9011) of title III of this Act. ties established under section 203 of the Re- is amended— SEC. 402. AMENDMENTS TO DEPARTMENT OF gional Assistance Act of 2002 and’’ after ‘‘as- (1) in subsection (a), by striking ‘‘referred EDUCATION ORGANIZATION ACT. sistance from’’. to as the ‘Board’’’ and inserting ‘‘referred to The Department of Education Organization (4) Section 1501(a)(3) is amended by strik- as the ‘Assessment Board’’’; Act (20 U.S.C. 3401 et seq.) is amended as fol- ing ‘‘section 411 of the National Education (2) by striking ‘‘Board’’ each place such lows: Statistics Act of 1994’’ and inserting ‘‘section term appears (other than in subsection (a)) (1) Paragraph (4) of section 202(b) (20 U.S.C. 303 of the National Assessment of Edu- and inserting ‘‘Assessment Board’’; 3412(b)) is amended to read as follows: cational Progress Authorization Act’’. ‘‘(4) There shall be in the Department a Di- (3) by striking ‘‘Commissioner’’ each place (5) The following provisions are each rector of the Academy of Education Sciences such term appears and inserting ‘‘Commis- amended by striking ‘‘Office of Educational who shall be appointed in accordance with sioner for Education Statistics’’; Research and Improvement’’ and inserting section 115(a) of the Education Sciences Re- (4) in subsection (a) by inserting ‘‘(carried ‘‘Academy of Education Sciences’’: form Act of 2002 and perform the duties de- out under section 303)’’ after ‘‘for the Na- (A) Section 3222(a) (20 U.S.C. 6932(a)). scribed in that Act.’’. tional Assessment’’; (B) Section 3303(1) (20 U.S.C. 7013(1)). (2) Section 208 (20 U.S.C. 3419) is amended (5) in subsection (b)(2)— (C) Section 5464(e)(1) (20 U.S.C. 7253c(e)(1)). to read as follows: (A) by striking ‘‘ASSISTANT SECRETARY FOR (D) Paragraphs (1) and (2) of section 5615(d) ‘‘ACADEMY OF EDUCATION SCIENCES EDUCATIONAL RESEARCH’’ in the heading and (20 U.S.C. 7283d(d)). inserting ‘‘DIRECTOR OF THE ACADEMY OF EDU- ‘‘SEC. 208. There shall be in the Depart- (E) Paragraphs (1) and (2) of section 7131(c) CATION SCIENCES’’; and ment of Education an Academy of Education (20 U.S.C. 7451(c)). (B) by striking ‘‘Assistant Secretary for Sciences, which shall be administered in ac- (6) Paragraphs (1) and (2) of section 5464(e) Educational Research and Improvement’’ cordance with the Education Sciences Re- (20 U.S.C. 7253c(e)) are each amended by and inserting ‘‘Director of the Academy of form Act of 2002 by the Director appointed striking ‘‘such Office’’ and inserting ‘‘such Education Sciences’’; under section 115(a) of that Act.’’. Academy’’. (6) in subsection (e)(1)(A), by striking ‘‘sec- (3) In the table of contents in section 1 (20 (7) Section 5613 (20 U.S.C. 7283b) is tion 411(b)’’ and inserting ‘‘section 303(b)’’; U.S.C. 3401 note), the item relating to sec- amended— (7) in subsection (e)(1)(B), by striking ‘‘sec- tion 208 is amended to read as follows: (A) in subsection (a)(5), by striking ‘‘As- tion 411(e)’’ and inserting ‘‘section 303(e)’’; ‘‘Sec. 208. Academy of Education Sciences.’’. sistant Secretary of the Office of Edu- (8) in subsection (e)(1)(E), by striking ‘‘, in- SEC. 403. REPEALS. cational Research and Improvement’’ and in- cluding the Advisory Council established The following provisions of law are re- serting ‘‘Director of the Academy of Edu- under section 407’’; pealed: cation Sciences’’; and (9) in subsections (e)(1)(F) and (e)(1)(I), by (1) The National Education Statistics Act (B) in subsection (b)(2)(B), by striking ‘‘re- striking ‘‘section 411’’ each place such term of 1994 (title IV of the Improving America’s search institutes of the Office of Educational appears and inserting ‘‘section 303’’; Schools Act of 1994; 20 U.S.C. 9001 et seq.). Research and Improvement’’ and inserting April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1739 ‘‘National Education Centers of the Academy The reason for the focus on scientific academy are driven by the needs of of Education Sciences’’. research is simple: Educators need to parents, teachers and school adminis- (8) Sections 5615(d)(1) and 7131(c)(1) (20 know what works if they are to im- trators, not ivory tower researchers; U.S.C. 7283d(d)(1), 7451(c)(1)) are each amend- prove student achievement and narrow and ensures that technical assistance, ed by striking ‘‘the Office’’ and inserting ‘‘the Academy’’. the gap between our lowest and highest including help in implementing the No (9) Section 9529(b) is amended by striking performing students. Unfortunately, Child Left Behind Act, is accountable ‘‘section 404(a)(6) of the National Education too much of what we recognize as edu- to States and schools. Statistics Act of 1994’’ and inserting ‘‘section cation research is simply opinion but- For more than 30 years, we have 153(a)(5) of the Education Sciences Reform tressed by anecdotes. Consider the fol- heard excuses on why education could Act of 2002’’. lowing examples: not be held to the same standards as (e) SCHOOL-TO-WORK OPPORTUNITIES ACT OF Recently Congress established a na- other professions, and for 30 years Fed- 1994.—Section 404 of the School-to-Work Op- tional panel to evaluate existing re- eral research conducted by the Office portunities Act of 1994 (20 U.S.C. 6194) is amended by inserting ‘‘(as such Act existed search on the most effective way to of Educational Research and Improve- on the day before the date of enactment of teach children to read. They examined ment has been, to a large extent, a dis- the Education Sciences Reform Act of 2002)’’ more than 100,000 federally-funded appointment. after ‘‘Act of 1994’’. studies on reading, some written as far If we are to lift those who are strug- SEC. 405. EFFECTIVE DATE. back as 1966, and concluded only 10,000 gling to achieve proficiency in reading, This Act and the amendments made by met their standards for scientific rigor. math and science, we must give our this Act shall take effect on October 1, 2002. From 1967 to 1976, the Federal Gov- educators the information they need to SEC. 406. SEVERABILITY. ernment managed the largest edu- help their students learn. For that to If any provision of this Act, or the applica- cation research project ever conducted happen, we must expect more from our tion of such provision to any person or cir- in the United States, comparing more Federal investment in education re- cumstance, is held invalid, the remainder of than 20 different teaching programs on this Act, or the application of such provision search. We must expect scientific rigor to persons or circumstances other than those more than 70,000 students in 180 and we must ensure that what works in as to which the provision is held invalid, schools. Yet at the end of the study, all education informs classroom practice. shall not be affected thereby. of the programs, those that were suc- To that end, H.R. 3801 makes long SEC. 407. ORDERLY TRANSITION. cessful and those that failed, were rec- overdue changes to the Office of Edu- The Secretary of Education shall take such ommended for distribution to schools. cation Research and Improvement. I steps as are necessary to provide for the or- Today schools invest untold time and urge my colleagues to support this bi- derly transition to, and implementation of, resources in one education fad after an- partisan common sense legislation and the offices, boards, committees, and centers other. Without sound science to back send a strong message to the other (and their various functions and responsibil- program claims, teachers and school body that the successful implementa- ities) established or authorized by this Act, and by the amendments made by this Act, administrators are forced to use guess- tion of No Child Left Behind Act re- from those established or authorized by the work to determine the best classroom quires a Federal office that can deliver Educational Research, Development, Dis- practices in students and students’ a high quality education research prod- semination, and Improvement Act of 1994 (20 achievement often suffers. uct. U.S.C. 6001 et seq.) and the National Edu- Even when scientific research is con- Mr. Speaker, I reserve the balance of cation Statistics Act of 1994 (20 U.S.C. 9001 et ducted, news of the findings seldom my time. seq.). reaches teachers in the classrooms. Mr. KILDEE. Mr. Speaker, I yield The SPEAKER pro tempore (Mr. When it does, it is often not relevant to myself such time as I may consume. WHITFIELD). Pursuant to the rule, the the needs or it is not translated into Mr. Speaker, today’s consideration of gentleman from Delaware (Mr. CASTLE) understandable classroom applications. H.R. 3801 marks an important step in and the gentleman from Michigan (Mr. Two years ago I introduced legislation this committee’s addressing the equal KILDEE) each will control 20 minutes. to improve the rigor and relevance of and effectiveness of education research The Chair recognizes the gentleman education research and to provide edu- and technical assistance. I believe our from Delaware (Mr. CASTLE). cators and policy-makers access to un- work on this legislation over the last 2 GENERAL LEAVE biased and reliable information. years has produced a good bipartisan Mr. CASTLE. Mr. Speaker, I ask The legislation before us today, H.R. product that warrants our support unanimous consent that all Members 3801, picks up where that bill left off. It today. I do want to thank the gen- may have 5 legislative days within ensures that tried and true scientific tleman from Delaware (Mr. CASTLE) which to revise and extend their re- information, not fads or fiction, form and the gentleman from Ohio (Mr. marks and include extraneous informa- the basis for setting education policy BOEHNER) for their willingness to ad- tion on H.R. 3801. and improving education practice. Spe- dress Democratic concerns on this leg- The SPEAKER pro tempore. Is there cifically, H.R. 3801 attempts to address islation. objection to the request of the gen- what I have come to know as serious This legislation addresses several tleman from Delaware? shortcomings in the fields of education critical issues in the area of education There was no objection. research, including the creeping influ- research. First is adequate resources. Mr. CASTLE. Mr. Speaker, I yield ence of short-lived partisan or political H.R. 3801 authorizes over $700 million myself such time as I may consume. operatives, the funding and dissemina- for the department’s research and tech- Mr. Speaker, I rise today in strong tion of questionable studies, programs, nical assistance activities, nearly dou- support of H.R. 3801, the Education and practices, and an overly bureau- ble existing funding. This level of fund- Science Reform Act Legislation, which cratic office with no real sense of mis- ing is vital in the research academy transforms the Office of Education Re- sion, mired by duplicative programs created under this legislation to be- search into a streamlined, more inde- and competing interests. come a top flight education research pendent Academy of Education Among other things, H.R. 3801 re- organization. Sciences. places the current Office of Education This bill also includes the provisions Earlier this year President Bush Research and Improvement with the sought by the gentleman from New signed landmark education reforms new streamlined Academy of Education York (Mr. OWENS), long a leader in into law, demanding new and more Science; insulates the new academy Congress on education issues, to in- challenging standards of account- from inappropriate partisan or polit- crease outreach and involvement of ability from our States and improved ical influences; ensures that high qual- historically black colleges and univer- student achievement from our schools. ity standards put an end to education sities and Hispanic-serving institu- Recognizing that any successful edu- fads that masquerade as sound science; tions, and to permit fellowships to cation reform effort requires the best and creates a culture of science by al- build research, knowledge and experi- information on how children learn, the lowing the new director to attract and ence. words ‘‘scientifically-based research’’ retain the best researchers, evaluators In addition, H.R. 3801 ensures that re- appear more than 100 times in the new and statisticians to the academy. It en- search is conducted through national law. sures that the research activities of the research and development centers and H1740 CONGRESSIONAL RECORD — HOUSE April 30, 2002 that 50 percent of research funding is States, districts, and schools that is consin (Mr. KIND), to improve the un- for long-term research, both critical accountable, customer-driven and fo- derlying bill to address the research elements necessary to ensure high cused on the implementation of the No and reform needed in this country to quality and effective research. This Child Left Behind Act. Let me empha- better share best practices throughout legislation also seeks to maintain the size that the reforms in this bill will the United States to improve our current governance relationship be- greatly assist in helping the No Child school system. tween the national assessment of edu- Left Behind Act, successfully trans- The chairman mentioned one aspect cational process, the Department of form and reform our schools. of this bill that I have a caveat and a Education, and the national assess- Mr. Speaker, I especially want to concern about, and that is the money ment governing board, and in no way thank the gentleman from Delaware that is provided for carrying out the undermines any present authority pro- (Mr. CASTLE) and the gentleman from No Child Left Behind Act, actually to vided to the board. Michigan (Mr. KILDEE) for their bipar- provide training and technical assist- It is my intent that the changes tisan leadership in working out this ance that will begin to take the first made by this bill do not modify the agreement. This is no small task since steps for the No Child Left Behind Act. manner in which the National Center we have so few legislative days this The chairman said, I think, very for Education Statistics administers year and I want to thank both of them articulately that that act was a bipar- the national assessment. very much. But they are not alone. The tisan act, the Democrats and Repub- Lastly, the bill ensures that we have gentleman from Florida (Mr. KELLER), licans working with the President to a strong regional development and the gentleman from Colorado (Mr. maybe pass some of the most signifi- technical assistance focus that allows SCHAFFER), the gentleman from Michi- cant reforms in the past 20 years. I the continuation of existing life qual- gan (Mr. EHLERS), the gentleman from agree with that as well. However, if we ity regional laboratories in comprehen- Virginia (Mr. SCOTT), the gentleman do not provide the resources and the sive centers. Each region will competi- from Wisconsin (Mr. KIND), the gen- money to go along with the reforms to tively fund entities similar to the ex- tleman from New York (Mr. OWENS) improve Title I programs, to support isting regional education laboratories and others have rolled up their sleeves the teacher development, to help the and comprehensive assistance centers. and worked out the many differences schools in corrective action, then that Our colleague, the gentleman from that were in this bill. bill starts to fall apart. Wisconsin (Mr. KIND), has worked hard The result was the bill went through I would include after my statement to ensure the bill’s technical assistance both the subcommittee and the full an article by David Broader from this focus would be responsive to local committee by unanimous consent, and Sunday’s Washington Post that says needs. we expect the same level of support this: ‘‘The gap between the reality and Mr. Speaker, a strong research focus today here on the House floor. The the Washington rhetoric about raising at the Department of Education is President and the administration also standards in school while ensuring that vital to improving the educational support this bill. I especially want to no child is left behind is alarmingly achievement of our children. Coupled thank Assistant Secretaries Russ large.’’ If the appropriators do not appro- with the elements of the recently Whitehurst and Becky Campoverde priate the significant funds and the passed reauthorization of the Elemen- who, with their staff, worked closely sufficient funds to ensure that we can tary and Secondary Education Act, with us as we brought this legislation lock in these reforms, and the States this legislation can play a critical role forward. My thanks also to Jay are cutting their budgets and not pro- in providing high quality research, Lefkowitz and Noel Franciso from the viding us money to the State schools, technical assistance, and develop- Office of Policy Development at the then this reform, no child left behind, mental activities. It is my belief that White House for their help. grows increasingly in peril of back- this legislation moves us in the right Once again, I want to thank my col- sliding and going backwards on its direction to accomplish these feats, league, the ranking Democrat on our commitments to children in this coun- and I urge Members to support it committee, the gentleman from Cali- try. today. fornia (Mr. GEORGE MILLER), for mak- I hope we keep our eye on the appro- Mr. Speaker, I reserve the balance of ing this bipartisan process work. We priations process. my time. have continued the good relationship The article mentioned is as follows: Mr. CASTLE. Mr. Speaker, I yield we had during the year-long work on [From The Washington Post] such time as he may consume to the the No Child Left Behind Act, and I am A MATTER OF MONEY ... gentleman from Ohio (Mr. BOEHNER) hopeful that we have set a new tone (By David S. Broder) the chairman of the Committee on and a new example for the Congress, Last week Oregon newspapers carried an Education and the Workforce. and that the approval of the House Associated Press report that more than 4,600 Mr. BOEHNER. Mr. Speaker, the re- today of the Education Sciences Re- taxpayers had voluntarily donated almost authorization of the Office of Edu- form Act of 2002 demonstrates once $700,000 of their tax refunds from the state to cation Research and Improvement has again that we can do great things when a newly created fund for support of public been waiting for more than 3 years to we work together. The staff of the com- schools. receive action on the floor of the mittee on both sides of the aisle is to It was a small percentage of the $240 mil- lion automatically rebated when revenue for House. And today we have the Edu- be commended as well for all of their cation Science Reform Act of 2002 here the 1999–2001 biennium exceeded estimates. efforts in working with the Members But with the economic slowdown now caus- through the hard work of the chairman and really doing the grunt work that ing a budget crunch in Oregon, as in more of the subcommittee, the gentleman brings us to a successful conclusion than 40 other states, these taxpayers recog- from Delaware (Mr. CASTLE), the rank- today. With that, I am going to thank nized that education is in jeopardy. A recent ing Democrat on the subcommittee, my colleagues once again. special session found the Oregon legislature the gentleman from Michigan (Mr. KIL- Mr. KILDEE. Mr. Speaker, I yield cutting the schools’ budget by $112 million. DEE), who have done a marvelous job in two minutes to the gentleman from In- What is happening in Oregon is happening bringing this bill together through sub- across the country. The National Conference diana (Mr. ROEMER). of State Legislatures reported last week that committee and full committee and (Mr. ROEMER asked and was given in the current fiscal year, 17 states faced re- here on the floor today. And without permission to revise and extend his re- ductions in their budgets for elementary and the leadership of the gentleman from marks and include extraneous mate- secondary schools, and 29 faced cuts for col- Delaware (Mr. CASTLE), it just would rial.) leges and universities. not have happened at all. Mr. ROEMER. Mr. Speaker, I rise to The gap between this reality and the Wash- Providing high quality, scientifically commend the gentleman from Dela- ington rhetoric about raising standards in based education research is vital if we ware’s (Mr. CASTLE) and the gentleman schools while ensuring that ‘‘no child is left behind’’ is alarmingly large. are going to improve our Nation’s from Michigan’s (Mr. KILDEE) contribu- In just the past few days, parents and stu- schools. The Education Science Act of tions, particularly on our side from the dents in state after state have heard dis- 2002 does just that. In addition, it pro- gentleman from New York (Mr. turbing news about the schools. The Massa- vides technical assistance to regions, OWENS), and the gentleman from Wis- chusetts House of Representatives received a April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1741 committee-approved budget that would cut Mr. KILDEE. Mr. Speaker, I yield for educational research has been ane- school spending 10 percent across the board, four minutes to the gentleman from mic over the years, and no amount of reducing state aid to local districts by $320 Virginia (Mr. SCOTT). restructuring will achieve the needed million. Mr. SCOTT. Mr. Speaker, I thank the results if appropriate resources are not In Tennessee, seven ‘‘Governor’s Schools,’’ where gifted and talented high school stu- gentleman for yielding me time. applied. dents lived together in dormitories for a I rise in support of the bill H.R. 3801 I would again like to thank the sub- month of challenging summer studies of which restructures and refocuses the committee chair and the ranking mem- science, the arts and even international rela- research branch of the Department of ber for a chance to work on this bipar- tions, have been canceled. The $15 million Education. I would like to thank the tisan bill that restructures Federal cost apparently is more than the sate can af- committee chairman, the gentleman educational research that empowers ford to invest in its most promising young from Delaware (Mr. CASTLE), and the teachers and schools to be better able people. ranking member, the gentleman from to do their jobs. At the other end of the educational spec- trum, the administration of freshman New Michigan (Mr. KILDEE), for their lead- Mr. CASTLE. Mr. Speaker, I reserve Jersey Gov. Jim McGreevey has petitioned ership in crafting this bipartisan bill. the balance of my time. for relief from the court order requiring the The bill before us significantly re- Mr. KILDEE. Mr. Speaker, I yield state to put extra funds in to the 30 poorest structures the current research office, myself such time as I may consume. school districts. These districts—urban areas known as the Office of Educational Re- Just briefly, I want to thank the gen- with low property-tax bases—were supposed search and Improvement, into a new tleman from Delaware (Mr. CASTLE) for to get $83 million extra in state funds to help Academy of Educational Sciences. our work together. He has always been them repair buildings, hire teachers and im- open and frank, honest, and we had b 1815 prove instruction. Instead, like every other some very fruitful discussions, some- district, they will be level-funded next year. The reformation of Federal edu- No governors or legislators want to dam- times some differences with which we age the schools their constituents use. But cational research is absolutely essen- were determined to work out. It is al- the requirement to balance budgets in a time tial if we are to close the achievement ways a pleasure to work with Governor of slumping revenues has left them little gaps and assure that all children have CASTLE, and when the President signs choice. While Washington goes blithely on an opportunity of an equal educational this bill into law, he will be able to add its way, cutting taxes, running up deficits opportunity. The work that we are another item to an already illustrious and borrowing from Social Security, the doing on this issue will be critical in record, both as governor and as a Mem- states are in a jam. helping educators meet these chal- ber of this House. What is happening to elementary and sec- lenges set forth in H.R. 1, the newly ondary schools is minor compared with the Mr. Speaker, I yield back the balance hit on higher education. In the face of rising signed education bill. of my time. enrollments, Pennsylvania is cutting its As the Assistant Secretary of Edu- Mr. CASTLE. Mr. Speaker, I yield higher ed budget by almost 5 percent. Penn cation noted in his testimony before myself such time as I may consume. State students, who were hit with an 8 per- the Committee on Education and the Let me just return the compliment cent tuition increase this year, will face an- Workforce, H.R. 1 mentions scientif- to the gentleman from Michigan (Mr. other tuition boost and a fee increase of up ically-based research over 110 times as KILDEE). Disagreeing with the gen- to $600 when they come back to school. it relates to educational programs. Yet tleman is better than agreeing with They are better off than students at the there are significant deficits in what University of Washington, where the budget most people I have learned. He is a calls for a 16 percent tuition increase. And in we know about how children learn and great pleasure to work with. We have education-conscious Iowa, the presidents of which programs work, especially when worked together on a number of issues the three largest state universities said in a it comes to children who are disadvan- now, and these are contentious issues I joint statement that the legislature’s cuts taged, have limited English proficiency might add, and have been able to work ‘‘will unquestionably compromise the qual- or have disabilities. them out, greatly to his credit, and I ity of our educational programs.’’ State While our present educational system appreciate that. funding, which once paid 77 percent of the serves most children fairly well, it I would also like to take this time to bills, now pays 60 percent, and most of the struggles to meet the needs of children extend my heartfelt thanks to the falloff has been made up by raising tuition. The irony is that even as all this is hap- with special challenges in their paths. many Members, staff and administra- pening, a poll released last week reaffirms The newly structured academy can tion officials that made this bipartisan the importance of education to most voters. help us figure out how to better serve reform effort possible. The Public Education Network and Edu- all children, close achievement gaps Although education research is not cation Week newspaper reported that when and ensure that all children get a qual- an area that commands the attention it comes to balancing state budgets, voters ity education. of many Americans, or even many overwhelmingly say that schools are the top In crafting this legislation, we paid Members of Congress for all that mat- priority. Education leads the No. 2 choice, special attention to making sure that ter, I was fortunate to work with a health care, by a 3-to-1 margin. Law enforce- ment, welfare, services for seniors, transpor- the research conducted by the academy group of dedicated professionals who tation and economic development lag far be- was focused on producing useful find- wanted to make education research hind. ings, that is, teaching methodologies better. They include obviously the Sub- But that is not what the budgets reflect. that we could actually put into prac- committee on Education Reform rank- Medicaid payments are the fastest-growing tice. We need to find programs that are ing member, the gentleman from state expenditures, and those costs leave lit- scientifically proven to be effective in Michigan (Mr. KILDEE); but also the tle room for education or other programs. educating students who have tradition- gentleman from Colorado (Mr. SCHAF- Washington is not helping much. The fed- eral government is still falling far short on ally been disadvantaged so that they, FER), the vice-chairman; the gentleman its promise to pay 40 percent of the bills for and their schools, can meet the stand- from California (Mr. GEORGE MILLER), special education students, whose needs are ards set forth in H.R. 1. full committee ranking member; as a crippling cost for local school districts. Structuring the academy so that it well as the gentleman from Florida After boosts in education spending by concentrates on research that can be (Mr. KELLER), the gentleman from Wis- healthy double-digit percentages in the last put into practice will be beneficial to consin (Mr. KIND), the gentleman from year of the Clinton administration and the all 15,000 school districts in the United Georgia (Mr. ISAKSON), the gentleman first year of the Bush administration, this States. The academy will serve as a na- from Virginia (Mr. SCOTT); the gen- year’s federal budget calls for only a 2.8 per- cent increase. tional resource so that valuable time is tleman from Colorado (Mr. TANCREDO), With the feds preferring tax cuts to edu- not lost by each individual school and and the gentleman from New York (Mr. cation aid, and the states cutting back be- each individual teacher trying to re- OWENS). I thank all of them for their cause of their budget squeeze, America is in invent the wheel and come up with important contributions. serious danger of backsliding on the promise educational programs to serve their I also want to extend my gratitude to to improve its schools. students. the gentleman from Ohio (Mr. Mr. CASTLE. Mr. Speaker, I have no I am especially pleased that we are BOEHNER), the chairman of the Edu- further speakers and I continue to re- authorizing $400 million, double the cation and Workforce Committee. serve the balance of my time. funds now available for OERI. Funding Without his leadership and thoughtful H1742 CONGRESSIONAL RECORD — HOUSE April 30, 2002 counsel, we would not be on the floor (Guam, American Samoa, and the Northern gan, Minnesota, North Dakota, South Dakota, today. Mariana Islands) and the freely associated and Wisconsin. All of these States contain a I would also be remiss if I did not states (FAS)(Palau, the Marshall Islands, and large number of small, rural schools in need of thank President Bush, Secretary Paige the four States of the FSM, Chuuk, Kosrae, the technical assistance and applied research and Under Secretary Hickock and As- Pohnpei, and Yap) because of the participa- to continue providing quality education to the sistant Secretary Russ Whitehurst and tion of all the chief State school officers. students of their districts. The Wisconsin Cen- Becky Campoverde. I am indebted to Mr. Speaker, I am pleased that Congress is ter provides proven, quality research dedi- them all for raising the profile of this committing to creating a strong office of re- cated to improving education for students of issue and for their year-long counsel search, statistics, evaluation, development, all ages, and is indeed one of the premier and unwaivering support of the prin- and technical assistance in the Department of comprehensive centers in the Nation. ciples embodied in this bill. Education. The Academy will be vital to future Mr. Speaker, I am proud to have been a Last but certainly not least, I want increases in student achievement and in the part of the committee that recognized the im- to thank the staff for their hard work management and operation of our Nation’s portance of strong research and evaluation in and abiding interest in education re- schools. H.R. 3801 makes the needed providing quality education to students of our form. Often vacations were sacrificed changes and adds the necessary resources to country. I would like to thank the sub- and family dinners were put on hold to making this office a reality. I urge my col- committee chairman from Delaware, Mr. CAS- get us to the floor of the House of Rep- leagues to support this bill. TLE, the ranking member from Michigan, Mr. resentatives. I think one has to be a Mr. KIND. Mr. Speaker, I rise today in sup- KILDEE, and the other members of the sub- Member of the House to understand port of H.R. 3801, the Education Sciences Re- committee for the continued efforts to make how important staffs are to us and the form Act of 2002. As a member of the Edu- this bipartisan bill as strong as possible. extraordinary work they did. cation and Workforce committee, I am proud Through our efforts we will continue to ensure Although many offered a helping to have been a part of the bipartisan effort to that no child is left behind in our education hand, I want to especially thank Sally strengthen the quality of public education in all system. Lovejoy, the boss in all this; Doug regions of the country. This bill restructures Mr. GEORGE MILLER of California. Mr. Mesecar, who is to my left; Bob Sweet, the Office of Education Research and Im- Speaker, I want to first applaud the achieve- Patrick Lyden, Jo-Marie St. Martin; on provement, OERI, first authorized in 1994, ment of Chairman CASTLE and Congressman the other side, Alex Nock, Denise Forte maintaining the regional support structures to KILDEE and their staffs for their work on this and Charlie Barone, all of whom did a help our schools succeed. bill. Both members have championed the need superb job. This team really went This issue is of special importance to the for quality education research and this legisla- above and beyond the call of duty, and people of my district in western Wisconsin. tion reflects their leadership on this issue. I am grateful to them for their efforts. The small, rural schools of my district strive to H.R. 3801 complements the bipartisan effort I would particularly like to thank provide quality educational opportunities for that started with the No Child Left Behind Act. Kara Haas of my staff who has dedi- their students, but need a support structure to In that landmark reform measure, states and cated all the recent years to education help implement the many changes recently re- schools district are now accountable for pro- issues and has done a wonderful job of quired by the Federal Government in the No viding a quality education to all children. And, pulling all of this together. Child Left Behind Act. OERI provides such a the availability of scientifically based research Mrs. MINK of Hawaii. Mr. Speaker, I rise in structure through regional laboratories and that demonstrates what works and what support of H.R. 3801, the Education Science comprehensive centers. During reauthoriza- doesn’t work will be critical in this effort. H.R. Reform Act of 2002. tion, I advocated for the continued funding of 3801 establishes the framework to make this H.R. 3801 marks a significant step forward these regional entities that provide applied re- happen. This legislation injects a much needed cul- in the Congress’ effort to improve the re- search and development along with technical ture of science into education research search, evaluation, and technical assistance assistance to schools in rural areas. At the through the newly established Academy of focus of the Department of Education, High same time, I support the need for a competi- quality research, statistics, development, and Education Sciences. tive environment geared toward performance- The Academy will be responsible for ensur- technical assistance is critical to improving oriented funding for these regional entities. ing that the research used by school districts education in the 21st century. Without this type of regional structure, there in their reform efforts will be of the highest H.R. 3801 authorizes a total of $700 million would be no guarantee that schools such as quality and meet the highest standards. The for the Department of Education’s research, those in my district would continue to receive Academy will also conduct new research and statistics, evaluations, and technical assist- these services. be the arm through which this research is dis- ance activities. This is nearly double the cur- The comprehensive centers and regional seminated to the field. rent funding and ensures that almost 1 per- educational laboratories are invaluable re- H.R. 3801 will bring research directly into cent, or $400 million, of the Department’s sources for providing quality education to chil- the classroom where it is needed the most. budget will be reserved for research activities. dren in our small, rural schools. The mission Through a system of regional technical assist- This ensures that the Academy of Education of the regional comprehensive center is to pro- ance, school districts will be able to receive Sciences that the bill creates will become a vide technical assistance to schools and dis- support tailored to their needs. premier education research organization that tricts, while the regional labs create strategies And, perhaps most important this legislation is capable of producing high quality research. to promote student improvement through ap- authorizes a new level of investment in edu- H.R. 3801 also creates the Regional Devel- plied research. Schools in rural areas are cation research to match the demand for qual- opment and Technical Assistance program often faced with the challenges of serving a ity science on what works to improve edu- that provides funds for two entities per region. community with a small population, making it cation. One entity will provide applied research and difficult to maintain adequate funding and a Again, I commend the work of my col- development while the other will provide tech- strong technology infrastructure. The labs and leagues Congressmen CASTLE and KILDEE and nical assistance. These entities are governed comprehensive centers offer the assistance look forward to working with them as it con- by a local regional board that incorporates all needed to meet the needs of students in these tinues through the legislative process. States in the region and whose membership is areas. By supporting these entities, children in Again, I want to applaud the work of the chosen by the chief State school officer of rural schools can be afforded the same types chairman and ranking member. each State. of educational tools that their counterparts in Mr. SMITH of Michigan. Mr. Speaker, I rise I am pleased that H.R. 3801 will continue to large, more urban schools receive: access to in support of the Education Science Reform allow all four states of the Federated States of educational technologies, enrichment in math Act. Micronesia (FSM) (Chuuk, Kosrae, Pohnpei, and science, and gifted and talented edu- As one famous scientist observed, ‘‘It is and Yap) to participate in the program and be cation, all of which help prepare our children nothing short of a miracle that the modern fully represented on the regional boards. Ha- everywhere for the workforce of the future. methods of instruction have not yet entirely waii’s educational laboratory, research, and In particular, the Wisconsin Center for Edu- strangled the holy curiosity of enquiry.’’ That technical assistance provider, the Pacific Re- cation Research, located in my home State, is scientist was Albert Einstein, and its apparent sources for Education and Learning (PREL), able to provide schools with the tools they that since his day things haven’t changed all has been successful and effective in meeting need for success. This comprehensive center that much. the needs of all the States in Hawaii’s region, at the University of Wisconsin-Madison School Our colleges and universities are still the which includes Hawaii, the outlying area of Education provides services to Iowa, Michi- best in the world, but as international tests April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1743 show, U.S.K.–12 students do not measure up One way of doing this is the Eisenhower Delaware (Mr. CASTLE) that the House to their peers in other industrialized countries. Regional Mathematics and Science Consortia. suspend the rules and pass the bill, As Chairman of the Subcommittee on Re- Currently, the 10 regional Eisenhower Mathe- H.R. 3801, as amended. search, we have been advocating that we de- matics and Science Consortia provide expert, The question was taken; and (two- vote more of our education research funding research-based advice to teachers, schools, thirds having voted in favor thereof) to research on how kids learn. Our current and states on how to improve their math and the rules were suspended and the bill, knowledge of how children acquire such aca- science programs and accountability systems. as amended, was passed. demic skills as reading and math is not well The Consortia have economies of scale for A motion to reconsider was laid on advanced. Further, we know very little about expert staff and programs that most school the table. the how to link fundamental research and edu- districts could never duplicate; and as a net- f cational practice in the classroom. work, their use of Federal resources is even AUTHORIZING THE CLERK TO We have to find out what works in the class- more efficient. MAKE CORRECTIONS IN THE EN- room, and what doesn’t. In hearings before my With their regional partners, the Consortia GROSSMENT OF H.R. 3801, EDU- subcommittee, we have found that new teach- provide professional development and tech- CATION SCIENCES REFORM ACT ing methods and technologies are often intro- nical assistance that enables teachers and OF 2002 duced into classrooms with little or no data policymakers learn from math and science re- showing that they are effective. search in their efforts to improve math and Mr. CASTLE. Mr. Speaker, I ask This is unfortunate, and it means that many science teaching and learning. unanimous consent that in the engross- of our kids will not be prepared for the high- The Consortia work with National Science ment of the bill, H.R. 3801, the Clerk be tech future. If we want to do a better job of im- Foundation to disseminate exemplary teaching authorized to make technical correc- parting to students the skills they need to be methods for science and math. tions and conforming changes to the successful in science and math, we have to The Consortia coordinate resources on bill. employ the most effective teaching methods math and science within their regions to maxi- The SPEAKER pro tempore. Is there from kindergarten to college. To help do that, mize their collective impact. objection to the request of the gen- we must conduct the kind of research and The Consortia deliver customized services tleman from Delaware? There was no objection. date collections to better discover what works. without red tape. Without the Consortia, teach- Currently, federal funding for education re- ers and administrators must procure other f search is a fraction of a percent of all edu- funds with the associated paperwork for as- HONORING UNIVERSITY OF MIN- cation spending. It stands to reason that in- sistance that the Consortia proactively supply NESOTA GOLDEN GOPHERS creasing funding in this area will allow us to without administrative burdens. MEN’S HOCKEY AND WRESTLING develop policies and programs that will spend The other important science and mathe- TEAMS AND UNIVERSITY OF the other 99+ percent of funding on education matics institution is the Eisenhower National MINNESOTA-DULUTH BULLDOGS programs more effectively. Clearinghouse. WOMEN’S HOCKEY TEAM FOR I am pleased that National Mathematics and The Eisenhower National Clearinghouse ac- WINNING 2002 NCAA CHAMPION- Science Partnerships Act, which passed the quires and catalogs mathematics and science SHIPS House last summer, contains language I pro- curriculum resources, creating the most com- Mr. ISAKSON. Mr. Speaker, I move posed to have NSF establish centers for edu- prehensive collection in the nation. to suspend the rules and agree to the cation research. These multidisciplinary cen- The clearinghouse provides the best selec- concurrent resolution (H. Con. Res. 391) ters will focus on research that has the poten- tion of math and science education resources honoring the University of Minnesota tial to transform education research and teach- on the Internet. Golden Gophers men’s hockey and ing practice. The clearinghouse also supports teachers’ wrestling teams and the University of Complementing this effort is the work being professional development in math, science, Minnesota-Duluth Bulldogs women’s done by the Department of Education author- and the effective use of technology. hockey team for winning the 2002 Na- ized in this bill. I am particularly pleased that Most importantly it serves all K–12 edu- tional Collegiate Athletic Association the bill establishes ‘‘scientifically-based re- cators, parents, and students with free prod- championships. search standards’’ for this program. Witnesses ucts and services. To help them do the best The Clerk read as follows: possible job of teaching math and science to before my subcommittee testified to the short- H. CON. RES. 391 comings of the research being conducted by our kids. Whereas the University of Minnesota Go- the Education Department. This legislation We must supply the resources for our phers men’s hockey team recently won the brings scientific rigor to an area of research schools and teachers for math and science 2002 National Collegiate Athletic Association that often lacks it, and I want to commend the education. Giving all children an under- championship for the 4th time in the univer- gentleman from Delaware, Mr. CASTLE, and standing of science is one of the greatest sity’s history; the Chairman of the Education Committee, Mr. challenges facing our nation today. The de- Whereas the Minnesota Gophers men’s BOEHNER, for their work in making this needed gree to which our children acquire these im- hockey team had an impressive overall reform. portant skills will help determine their future record of 32-8-4; Mr. Speaker, it is in this country’s best inter- economic success and, in turn, will help shape Whereas all but 1 of the players on the Minnesota Gophers men’s hockey team are est to see that students receive the education the productivity and economic future of the en- from Minnesota; they will need to compete and win in the glob- tire United States. Whereas the Minnesota Gophers wrestling al marketplace of the future. This bill will help A quality science education is important for team won their second consecutive NCAA us achieve that goal. reasons of economics or national security. But championship in 2002; Mr. HOLT. Mr. Speaker, I rise today to it is also important for personal well-being and Whereas the Minnesota Gophers wrestling speak on HR 3801, the Education Sciences for the well-being of our democracy. team was undefeated in the 2002 season and Reform Act. The bill restructures the current Science brings order, harmony, and balance won the Big 10 Conference tournament; statute governing the Office of Educational to our lives. It teaches us that our world is in- Whereas the Minnesota Gophers wrestling Research and Improvement by creating the telligible and not capricious. They give us the team finished in the top 3 in the Nation for the 6th consecutive year; Academy of Education Sciences. skill for lifelong learning, for creating progress Whereas 7 members of the Minnesota Go- While there are many positive things in this itself. phers wrestling team earned All-American bill, it also has a number of weaknesses that Mr. Speaker, this bill will pass today, but as honors; should be addressed. Unfortunately, because it moves forward we should correct this over- Whereas the Minnesota Gophers wrestling this bill is on the suspension calendar, we will sight regarding the Eisenhower Regional team produced 2 individual national cham- not get a chance to amend it. This legislation Mathematics and Science Consortia and the pions; is missing two important initiatives, the Eisen- Eisenhower National Clearinghouse. Whereas on March 24, 2002, the defending hower Regional Mathematics and Science Mr. Speaker, I have no further re- NCAA Women’s Ice Hockey National Cham- quests for time, and I yield back the pion, the University of Minnesota-Duluth Consortia and the Eisenhower National Clear- Bulldogs, won the national championship for inghouse. balance of my time. the second straight year; We must continue to make science edu- The SPEAKER pro tempore (Mr. Whereas the Minnesota-Duluth Bulldogs cation a priority in order to be prepared to WHITFIELD). The question is on the mo- women’s hockey team defeated Brown Uni- compete in the global market place. tion offered by the gentleman from versity in the championship game by the H1744 CONGRESSIONAL RECORD — HOUSE April 30, 2002 score of 3–2, having previously defeated Niag- Jordan once said, ‘‘Talent wins games have young people as old as 4 years old, ara University in the semi-final by the same but teamwork and intelligence wins parents are taking them down to the score; championships.’’ It is with great pride ice arenas. At 4 years old they are Whereas during the 2001–2002 season, the that I rise today to introduce a resolu- called mites, and they start skating Minnesota-Duluth Bulldogs women’s hockey team won 24 games, while losing only 6, and tion to honor the three Minnesota na- and they start learning the sport of tying 4; and tional champions, the Golden Gophers hockey, and to win a national cham- Whereas all of the players on the Min- men’s hockey and wrestling teams, and pionship is an honor that they can only nesota-Duluth Bulldogs women’s hockey University of Minnesota-Duluth wom- dream of one day, and obviously it is team showed tremendous dedication en’s hockey team for winning the 2002 with the leadership of the University of throughout the season toward the goal of NCAA championships. Minnesota and the Gophers, what they winning the national championship; Minnesota has had a long and proud did today, that will give them even Whereas all 3 of these teams display aca- tradition of hockey. This is the fourth more impetus to work hard to try to demic excellence by maintaining an average grade point average above the university- time that the University of Minnesota achieve that dream. wide average; and Gophers have won their national cham- Also, on behalf of the people of the Whereas Congress should honor the excel- pionship. I congratulate the team and State of Minnesota, we want to thank lence of athletic teams and encourage par- their head coach Don Lucia. As Don and congratulate the young women at ticipation in collegiate athletics in order to Lucia says, ‘‘Hockey and Minnesota the University of Minnesota-Duluth for build teamwork and dedication: Now, there- are synonymous with each other.’’ their amazing accomplishment to win fore, be it The Golden Gophers wrestling team back-to-back national championships. Resolved by the House of Representatives (the became the first back-to-back Gopher Senate concurring), That Congress honors the Finally, if there is any sport that re- University of Minnesota Golden Gophers national champions since 1940 and 1941, quires more dedication than hockey it men’s hockey and wrestling teams and the when the Minnesota Gophers won back- is wrestling, and for the University of University of Minnesota-Duluth Bulldogs to-back football championships and Minnesota Golden Gophers to win that women’s hockey team for winning the 2002 consecutive national titles. I congratu- championship means an awful lot. National Collegiate Athletic Association late the team and their head coaches, So again congratulations to all of the championships. Robinson and Morgan. Gophers and the Bulldogs for their The SPEAKER pro tempore. Pursu- The University of Minnesota-Duluth amazing dedication in winning these ant to the rule, the gentleman from women’s hockey team captured their national championships. I hope my col- Georgia (Mr. ISAKSON) and the gen- second straight NCAA championship. leagues will please excuse us if our but- tleman from Michigan (Mr. KILDEE) In the championship game, they beat tons seem to be bursting today, but we each will control 20 minutes. Brown three to two. Congratulations to are extremely proud of the accomplish- The Chair recognizes the gentleman the team and their head coach, Shan- ments of these young athletes. They from Georgia (Mr. ISAKSON). non Miller. demonstrate the pursuit of excellence GENERAL LEAVE All three of these should be consid- is alive and well. It is living in Min- Mr. ISAKSON. Mr. Speaker, I ask ered and honored for their academic nesota. excellence as well. All three main- unanimous consent that all Members Mr. KILDEE. Mr. Speaker, I yield as tained grade point averages above the may have 5 legislative days within much time as he may consume to the school average. Their hard work on and which to revise and extend their re- gentleman from Minnesota (Mr. OBER- off the ice and mat have made them marks on H. Con. Res. 391. STAR). The SPEAKER pro tempore. Is there champions in the eyes of all Minneso- Mr. OBERSTAR. Mr. Speaker, I objection to the request of the gen- tans. thank the gentleman from Michigan tleman from Georgia? I congratulate each and every player (Mr. KILDEE) for yielding me the time, There was no objection. on these teams and their coaches for and I will be brief, but the University Mr. ISAKSON. Mr. Speaker, I yield their hard work, perseverance and of Minnesota-Duluth women’s hockey myself such time as I may consume. teamwork. The entire Minnesota dele- I rise in support of House Concurrent gation congratulates them. team is in my Congressional district, Resolution 391, a resolution that con- Mr. KILDEE. Mr. Speaker, I reserve and I have visited with the team mem- gratulates the University of Minnesota the balance of my time. bers on many occasions and especially men’s hockey and wrestling teams and Mr. ISAKSON. Mr. Speaker, I am with Chancellor Kathryn Martin, who University of Minnesota-Duluth wom- pleased to yield 2 minutes to the dis- is the first woman to hold the position en’s hockey team for winning the 2002 tinguished gentleman from Minnesota of chancellor of the University of Min- National Collegiate Athletic Associa- (Mr. GUTKNECHT). nesota-Duluth. It was under her leader- tion Championships. I am very pleased Mr. GUTKNECHT. Mr. Speaker, I ship that the women’s hockey program to commend the gentleman from Min- thank the gentleman from Georgia was nurtured and developed to the na- tional prominence it has achieved. nesota (Mr. KENNEDY) for bringing this (Mr. ISAKSON) for yielding me the time, resolution, and I encourage all the and I want to thank my colleague the If any person who is looking for a dis- Members of the House to support it. gentleman from Minnesota (Mr. KEN- play of pure hockey as it should be Mr. Speaker, I reserve the balance of NEDY) for bringing this resolution for- played with skill, with passing preci- my time. ward. I am a happy and proud co-spon- sion and respect for players on each Mr. KILDEE. Mr. Speaker, I yield sor of it. side of the rink, they should have fol- myself such time as I may consume. There are two sports that we take lowed the women’s NCAA frozen four I am very happy to rise to support H. very seriously back in the State of championship rounds because there one Con. Res. 391 which honors the Univer- Minnesota. One of them is hockey and saw the display of hockey at its very sity of Minnesota Golden Gophers the other is wrestling. Part of the rea- best, without the body slams, without men’s hockey and wrestling teams, and son I think we take them so seriously the sticks in the face, but with skill, University of Minnesota-Duluth wom- is because if one is going to excel in precision passing, skill of skating and en’s hockey team for winning the 2002 these two sports, they have to have speed and superb demonstration of National Collegiate Athletic Associa- enormous amounts of dedication to goalie skill on both sides of the rink. tion championship. They certainly are those spores. All the teams that participated cred- worthy of the accolades of this House. So on behalf of all of the people of ited themselves remarkably by their Mr. Speaker, I reserve the balance of the great State of Minnesota, I rise in display of sportsmanship and skill, but my time. support of this resolution to congratu- there is only one team that wins and 2- Mr. ISAKSON. Mr. Speaker, I yield 2 late the young men and women who years in a row it has been the Univer- minutes to the gentleman from Min- have earned this recognition. sity of Minnesota-Duluth women’s nesota (Mr. KENNEDY), the author of First of all, to win the national hockey team, and this year they were the resolution. championship in hockey is something joined by their brothers, the men’s Mr. KENNEDY of Minnesota. Mr. that is extremely difficult to do. We hockey team. UMD was there before Speaker, as basketball great Michael know that because in Minnesota, we them. April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1745 b 1830 S. 2248, by the yeas and nays; and Istook Miller, Gary Schrock Jackson (IL) Miller, George Scott They won back-to-back champion- H. Con. Res. 386, by the yeas and Jackson-Lee Miller, Jeff Sensenbrenner ships. And this year, the men’s hockey nays. (TX) Mink Serrano team won as well. As my colleague, the The Chair will reduce to 5 minutes Jefferson Mollohan Sessions the time for any electronic vote after Jenkins Moore Shadegg gentleman from Minnesota (Mr. GUT- John Moran (KS) Shaw KNECHT) noted, the men’s wrestling the first such vote in this series. Johnson (CT) Moran (VA) Shays team won as well. f Johnson (IL) Morella Sherman Johnson, E.B. Myrick Sherwood I might add a footnote to all this Johnson, Sam Nadler Shimkus pride in hockey. The University of Min- NOTIFICATION AND FEDERAL EM- Jones (NC) Napolitano Shows nesota Duluth Theater Troop has, for PLOYEE ANTIDISCRIMINATION Jones (OH) Neal Shuster the fifth time in the 34 years of the AND RETALIATION ACT OF 2001 Kanjorski Nethercutt Simmons Kaptur Ney Simpson competition, won the Kennedy Center The SPEAKER pro tempore. The Keller Northup Skeen National Collegiate Theater Competi- pending business is the question of sus- Kelly Norwood Skelton tion. And for the second time in 3 pending the rules and concurring in the Kennedy (MN) Nussle Slaughter Kennedy (RI) Oberstar Smith (MI) years, drama is also a part of the Senate amendments to the bill, H.R. Kerns Obey Smith (NJ) human spirit. 169. Kildee Olver Smith (TX) To Kathryn Martin’s credit, she has The Clerk read the title of the bill. Kilpatrick Ortiz Snyder nurtured the drama program; herself a Kind (WI) Osborne Solis The SPEAKER pro tempore. The King (NY) Ose Spratt theater and drama professor and coach, question is on the motion offered by Kingston Otter Stark she has nurtured this program. And to the gentleman from Wisconsin (Mr. Kirk Owens Stearns the great credit of UMD, the theater SENSENBRENNER) that the House sus- Kleczka Oxley Stenholm troop, for the second time in 3 years, Knollenberg Pallone Strickland pend the rules and concur in the Sen- Kolbe Pascrell Stump was one of the four final winners of the ate amendments to the bill, H.R. 169, Kucinich Pastor Stupak Kennedy Center Theater Performance. on which the yeas and nays are or- LaFalce Paul Sullivan University of Minnesota on the ath- LaHood Payne Sununu dered. Lampson Pelosi Sweeney letic side as well as on the intellectual The vote was taken by electronic de- Langevin Pence Tancredo and spiritual side of lifting the human vice, and there were—yeas 412, nays 0, Lantos Peterson (MN) Tauscher spirit has contributed enormously to not voting 22, as follows: Larsen (WA) Peterson (PA) Taylor (MS) the northland. And to all the scholar Larson (CT) Petri Taylor (NC) [Roll No. 117] Latham Phelps Terry athletes and scholar theater per- YEAS—412 LaTourette Pickering Thomas formers who have participated and won Leach Pitts Thompson (CA) national honors, as the gentleman said, Abercrombie Chabot Forbes Lee Platts Thompson (MS) Ackerman Chambliss Ford Levin Pomeroy Thornberry our buttons indeed are bursting a bit. Aderholt Clay Fossella Lewis (CA) Portman Thune It is appropriate for us to offer this rec- Akin Clement Frelinghuysen Lewis (GA) Price (NC) Thurman ognition on the House floor. Allen Clyburn Frost Lewis (KY) Pryce (OH) Tiahrt Andrews Coble Gallegly I thank the gentleman for the time, Linder Putnam Tiberi Armey Collins Ganske Lipinski Quinn Tierney and I congratulate the University of Baca Combest Gekas LoBiondo Radanovich Toomey Minnesota Duluth and the University Bachus Condit Gephardt Lofgren Rahall Towns of Minnesota main campus on their Baird Conyers Gibbons Lowey Ramstad Turner Baker Cooksey Gilchrest Lucas (KY) Rangel Udall (CO) achievements. Baldacci Costello Gillmor Lucas (OK) Regula Udall (NM) Mr. KILDEE. Mr. Speaker, I yield Baldwin Cox Gilman Luther Rehberg Upton back the balance of my time. Ballenger Coyne Gonzalez Lynch Reyes Velazquez Mr. ISAKSON. Mr. Speaker, I yield Barcia Cramer Goode Maloney (CT) Reynolds Visclosky Barr Crenshaw Goodlatte Maloney (NY) Rivers Vitter myself such time as I may consume to Barrett Crowley Gordon Manzullo Rodriguez Walden conclude by commending the gen- Bartlett Cubin Goss Markey Roemer Walsh tleman from Minnesota (Mr. KENNEDY) Barton Culberson Graham Matheson Rogers (KY) Wamp Bass Cummings Granger on offering the resolution, and I en- Matsui Rogers (MI) Waters Becerra Cunningham Graves McCarthy (MO) Rohrabacher Watson (CA) courage my colleagues in the House to Bentsen Davis (CA) Green (TX) McCarthy (NY) Ros-Lehtinen Watt (NC) support it. Bereuter Davis (FL) Green (WI) McCollum Ross Watts (OK) Mr. Speaker, I have no further re- Berkley Davis (IL) Greenwood McCrery Rothman Waxman Berman Davis, Jo Ann Grucci quests for time, and I yield back the McDermott Roukema Weiner Berry Davis, Tom Gutknecht McGovern Roybal-Allard Weldon (PA) balance of my time. Biggert Deal Hall (OH) McHugh Royce Weller The SPEAKER pro tempore (Mr. Bilirakis DeFazio Hall (TX) McInnis Rush Wexler Bishop DeGette Hansen WHITFIELD). The question is on the mo- McIntyre Ryan (WI) Whitfield Blumenauer Delahunt Harman McKeon Ryun (KS) Wicker tion offered by the gentleman from Blunt DeLauro Hart McKinney Sabo Wilson (NM) Georgia (Mr. ISAKSON) that the House Boehlert DeLay Hastings (FL) McNulty Sanchez Wilson (SC) suspend the rules and agree to the con- Boehner Deutsch Hastings (WA) Meehan Sanders Wolf Bonilla Diaz-Balart Hayes current resolution, H. Con. Res. 391. Meek (FL) Sandlin Woolsey Bonior Dicks Hayworth Meeks (NY) Sawyer Wu The question was taken; and (two- Bono Dingell Hefley Menendez Saxton Young (AK) thirds having voted in favor thereof) Boozman Doggett Herger Mica Schakowsky Young (FL) Borski Dooley Hill Miller, Dan Schiff the rules were suspended and the con- Boswell Doolittle Hilleary current resolution was agreed to. Boucher Doyle Hilliard NOT VOTING—22 A motion to reconsider was laid on Boyd Dreier Hinchey Blagojevich Mascara Souder the table. Brady (PA) Duncan Hinojosa Brady (TX) Dunn Hobson Buyer Millender- Tanner f Brown (FL) Edwards Hoeffel Cannon McDonald Tauzin Brown (OH) Ehlers Hoekstra Clayton Murtha Traficant ANNOUNCEMENT BY THE SPEAKER Brown (SC) Ehrlich Holden Crane Pombo Watkins (OK) PRO TEMPORE Bryant Emerson Holt DeMint Riley Weldon (FL) Burr Engel Honda Frank Schaffer Wynn The SPEAKER pro tempore. Pursu- Burton English Hooley Gutierrez Smith (WA) ant to clause 8 of rule XX, the Chair Callahan Eshoo Horn will now put the question on motions Calvert Etheridge Hostettler b 1859 to suspend the rules on which further Camp Evans Houghton Cantor Everett Hoyer So (two-thirds having voted in favor proceedings were postponed earlier Capito Farr Hulshof today. Capps Fattah Hunter thereof) the rules were suspended and Votes will be taken in the following Capuano Ferguson Hyde the Senate amendments were con- order: Cardin Filner Inslee curred in. Carson (IN) Flake Isakson Concurring in Senate amendments to Carson (OK) Fletcher Israel The result of the vote was announced H.R. 169, by the yeas and nays; Castle Foley Issa as above recorded. H1746 CONGRESSIONAL RECORD — HOUSE April 30, 2002 A motion to reconsider was laid on Keller Morella Shaw Tauzin Watkins (OK) Wynn Kelly Myrick Shays Traficant Weldon (FL) Young (FL) the table. Kennedy (MN) Nadler Sherman Kennedy (RI) Napolitano Sherwood 1908 f b Kilpatrick Neal Shimkus Kind (WI) Nethercutt Shows So (two-thirds having voted in favor ANNOUNCEMENT BY THE SPEAKER King (NY) Ney Shuster thereof) the rules were suspended and PRO TEMPORE Kingston Northup Simmons the Senate bill was passed. Kirk Norwood Simpson The SPEAKER pro tempore (Mr. Kleczka Nussle Skeen The result of the vote was announced WHITFIELD). Pursuant to clause 8 of Knollenberg Obey Skelton as above recorded. rule XX, the Chair will reduce to 5 min- Kolbe Ortiz Slaughter A motion to reconsider was laid on LaFalce Osborne Smith (NJ) the table. utes the minimum time for electronic LaHood Ose Smith (TX) voting on each additional motion to Lampson Oxley Snyder f suspend the rules on which the Chair Langevin Pastor Spratt has postponed further proceedings. Lantos Pelosi Stearns SUPPORTING NATIONAL CHARTER Larsen (WA) Peterson (PA) Stenholm SCHOOLS WEEK f Larson (CT) Phelps Stump Latham Pickering Sullivan The SPEAKER pro tempore (Mr. LaTourette Pitts Tauscher WHITFIELD). The pending business is EXTENDING AUTHORITY OF EX- Leach Pomeroy Taylor (MS) PORT-IMPORT BANK UNTIL MAY Levin Portman Terry the question of suspending the rules 31, 2002 Lewis (CA) Price (NC) Thomas and agreeing to the concurrent resolu- Lewis (KY) Pryce (OH) Thompson (MS) The SPEAKER pro tempore. The tion, H. Con. Res. 386. Linder Putnam Thornberry The Clerk read the title of the con- pending business is the question of sus- Lipinski Quinn Thune pending the rules and passing the Sen- LoBiondo Radanovich Thurman current resolution. Lofgren Ramstad Tiahrt ate bill, S. 2248. The SPEAKER pro tempore. The Lowey Rangel Tiberi question is on the motion offered by The Clerk read the title of the Senate Lucas (KY) Regula Tierney bill. Lucas (OK) Rehberg Toomey the gentleman from Delaware (Mr. Luther Reyes Turner CASTLE) that the House suspend the The SPEAKER pro tempore. The Lynch Reynolds Udall (CO) question is on the motion offered by rules and agree to the concurrent reso- Maloney (CT) Rodriguez Upton lution, H. Con. Res. 386, on which the the gentleman from Nebraska (Mr. BE- Maloney (NY) Roemer Velazquez yeas and nays are ordered. REUTER) that the House suspend the Manzullo Rogers (KY) Vitter Markey Rogers (MI) Walden rules and pass the Senate bill, S. 2248, This will be a 5-minute vote. Matsui Ros-Lehtinen Walsh The vote was taken by electronic de- on which the yeas and nays are or- McCarthy (MO) Ross Watson (CA) dered. McCarthy (NY) Rothman Watt (NC) vice, and there were—yeas 404, nays 3, This will be a 5-minute vote. McCollum Roukema Watts (OK) answered ‘‘present’’ 2, not voting 25, as McCrery Roybal-Allard Waxman follows: The vote was taken by electronic de- McDermott Rush Weiner vice, and there were—yeas 318, nays 92, McGovern Ryan (WI) Weldon (PA) [Roll No. 119] not voting 24, as follows: McIntyre Ryun (KS) Weller YEAS—404 McKeon Sabo Wexler Abercrombie Capito English [Roll No. 118] McNulty Sanchez Whitfield Ackerman Cardin Eshoo Meehan Sandlin Wicker YEAS—318 Aderholt Carson (IN) Etheridge Meeks (NY) Sawyer Wilson (NM) Akin Carson (OK) Evans Ackerman Collins Gillmor Menendez Saxton Wilson (SC) Allen Castle Everett Aderholt Combest Gilman Mica Schakowsky Wolf Andrews Chabot Farr Allen Cooksey Gonzalez Miller, Dan Schiff Woolsey Armey Chambliss Fattah Baca Cramer Goodlatte Miller, Gary Schrock Wu Baca Clay Ferguson Bachus Crenshaw Gordon Moore Scott Young (AK) Bachus Clement Filner Baird Crowley Goss Moran (KS) Serrano Baird Clyburn Flake Baker Cubin Graham Moran (VA) Sessions Baldacci Cummings Granger Baker Coble Fletcher Ballenger Cunningham Graves NAYS—92 Baldacci Collins Foley Barr Davis (CA) Green (TX) Baldwin Combest Forbes Barrett Davis (FL) Green (WI) Abercrombie Gutknecht Pallone Ballenger Condit Ford Barton Davis (IL) Greenwood Akin Hastings (FL) Pascrell Barcia Conyers Fossella Becerra Davis, Tom Grucci Andrews Hayes Paul Barr Cooksey Frelinghuysen Bentsen Deal Hall (OH) Armey Hayworth Payne Barrett Costello Frost Bereuter DeGette Hall (TX) Baldwin Hilleary Pence Bartlett Cox Gallegly Berkley Delahunt Hansen Barcia Hinchey Peterson (MN) Barton Coyne Ganske Berman DeLauro Harman Bartlett Hoekstra Petri Bass Cramer Gekas Berry Deutsch Hart Bass Holden Platts Becerra Crenshaw Gephardt Biggert Diaz-Balart Hastings (WA) Bilirakis Hostettler Rahall Bentsen Crowley Gibbons Bishop Dicks Hefley Bonior Hunter Rivers Bereuter Cubin Gilchrest Blumenauer Dingell Herger Brady (PA) Jackson (IL) Rohrabacher Berkley Culberson Gillmor Blunt Doggett Hill Brown (OH) Jones (NC) Royce Berman Cummings Gilman Boehlert Dooley Hilliard Chabot Jones (OH) Sanders Berry Cunningham Gonzalez Boehner Doyle Hinojosa Clay Kerns Sensenbrenner Biggert Davis (CA) Goode Bonilla Dreier Hobson Coble Kildee Shadegg Bilirakis Davis (FL) Goodlatte Bono Dunn Hoeffel Condit Kucinich Smith (MI) Bishop Davis (IL) Gordon Boozman Edwards Holt Conyers Lee Solis Blumenauer Davis, Jo Ann Goss Borski Ehlers Honda Costello Lewis (GA) Stark Blunt Davis, Tom Graham Boswell Ehrlich Hooley Cox Matheson Strickland Boehlert Deal Granger Boucher Emerson Horn Coyne McHugh Stupak Boehner DeFazio Graves Boyd Engel Houghton Culberson McInnis Sununu Bonilla DeGette Green (TX) Brady (TX) English Hoyer Davis, Jo Ann McKinney Sweeney Bonior Delahunt Green (WI) Brown (FL) Eshoo Hulshof DeFazio Meek (FL) Tancredo Bono DeLauro Greenwood Brown (SC) Etheridge Hyde DeLay Miller, George Taylor (NC) Boozman DeLay Grucci Bryant Everett Inslee Doolittle Miller, Jeff Thompson (CA) Borski Deutsch Gutknecht Burr Farr Isakson Duncan Mink Towns Boswell Diaz-Balart Hall (OH) Burton Ferguson Israel Evans Mollohan Udall (NM) Boucher Dicks Hall (TX) Callahan Filner Issa Fattah Oberstar Visclosky Boyd Dingell Hansen Calvert Fletcher Istook Flake Olver Wamp Brady (PA) Doggett Harman Camp Foley Jackson-Lee Gekas Otter Waters Brady (TX) Dooley Hart Cantor Forbes (TX) Goode Owens Brown (FL) Doolittle Hastings (FL) Capito Ford Jefferson Brown (OH) Doyle Hastings (WA) Capps Fossella Jenkins NOT VOTING—24 Brown (SC) Dreier Hayes Capuano Frelinghuysen John Blagojevich Frank Riley Bryant Duncan Hayworth Cardin Frost Johnson (CT) Buyer Gutierrez Schaffer Burr Dunn Hefley Carson (IN) Gallegly Johnson (IL) Cannon Mascara Smith (WA) Burton Edwards Herger Carson (OK) Ganske Johnson, E. B. Clayton Millender- Souder Callahan Ehlers Hill Castle Gephardt Johnson, Sam Clement McDonald Tanner Calvert Ehrlich Hilleary Chambliss Gibbons Kanjorski Crane Murtha Camp Emerson Hilliard Clyburn Gilchrest Kaptur DeMint Pombo Cantor Engel Hinojosa April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1747 Hobson McHugh Sanders b 1919 and it provide that the amendments to sec- Hoeffel McInnis Sandlin tion 26 of the Animal Welfare Act take effect Hoekstra McIntyre Sawyer Mr. CAPUANO changed his vote from 30 days after the date of enactment of this Holden McKeon Saxton ‘‘yea’’ to ‘‘present.’’ Holt McKinney Schakowsky act. Honda McNulty Schiff So (two-thirds having voted in favor Hooley Meehan Schrock thereof), the rules were suspended and f Horn Meek (FL) Scott the concurrent resolution was agreed ANNOUNCEMENT BY THE SPEAKER Hostettler Meeks (NY) Sensenbrenner to. Houghton Menendez Serrano PRO TEMPORE Hoyer Mica Sessions The result of the vote was announced Hulshof Miller, Dan Shadegg as above recorded. The SPEAKER pro tempore (Mr. Hunter Miller, Gary Shaw A motion to reconsider was laid on PENCE). Pursuant to clause 8 of rule Hyde Miller, George Shays the table. XX, the Chair announces that he will Inslee Miller, Jeff Sherman postpone further proceedings today on Isakson Mink Sherwood f Israel Mollohan Shimkus the motion to suspend the rules on Issa Moore Shows ANNOUNCEMENT OF INTENT TO which a recorded vote or the yeas and Istook Moran (KS) Shuster OFFER MOTION TO INSTRUCT nays are ordered, or on which the vote Jackson (IL) Moran (VA) Simmons Jackson-Lee Morella Simpson CONFEREES ON H.R. 2215, THE is objected to under clause 6 of rule (TX) Myrick Skeen 21ST CENTURY DEPARTMENT OF XX. Jefferson Nadler Skelton JUSTICE APPROPRIATIONS AU- Record votes on remaining motions Jenkins Napolitano Slaughter THORIZATION ACT John Neal Smith (MI) to suspend the rules will be taken to- Johnson (CT) Nethercutt Smith (NJ) Ms. DEGETTE. Mr. Speaker, pursu- morrow. Johnson (IL) Ney Smith (TX) ant to clause 7(c) of rule XXII, I hereby Johnson, E. B. Northup Snyder f Johnson, Sam Norwood Solis announce my intention to offer a mo- Jones (NC) Nussle Spratt tion to instruct conferees on H.R. 2215 CONGRATULATING THE UNIVER- Kanjorski Oberstar Stark tomorrow. SITY OF CONNECTICUT HUSKIES Kaptur Obey Stearns The form of the motion is as follows: Keller Olver Stenholm FOR WINNING THE 2002 NA- Kelly Ortiz Strickland I move that the managers on the part of TIONAL COLLEGIATE ATHLETIC Kennedy (MN) Osborne Stump the House at the conference on the dis- ASSOCIATION DIVISION I WOM- Kennedy (RI) Ose Stupak agreeing votes of the 2 Houses on the Senate Kerns Otter Sullivan EN’S BASKETBALL CHAMPION- amendment to the bill H.R. 2215 be in- SHIP Kildee Owens Sununu structed to: Kilpatrick Oxley Sweeney Kind (WI) Pallone Tancredo 1, agree to title IV of the Senate amend- Mr. ISAKSON. Mr. Speaker, I move King (NY) Pascrell Tauscher ment (establishing a Violence Against to suspend the rules and agree to the Kingston Pastor Taylor (MS) Women Office); and resolution (H. Res. 401) congratulating Kirk Paul Taylor (NC) 2, insist upon section 2003 of the Omnibus the University of Connecticut Huskies Kleczka Payne Terry Crime Control and Safe Streets Act of 1968, for winning the 2002 National Colle- Knollenberg Pelosi Thomas as added by section 402 of the House bill (es- Kolbe Pence Thompson (CA) tablishing duties and functions of the Direc- giate Athletic Association Division I LaFalce Peterson (MN) Thompson (MS) tor of the Violence Against Women Office). women’s basketball championship. LaHood Peterson (PA) Thornberry The Clerk read as follows: Lampson Petri Thune f Langevin Phelps Thurman H. RES. 401 Lantos Pickering Tiahrt ANNOUNCEMENT OF INTENTION TO Whereas the University of Connecticut Larsen (WA) Pitts Tiberi OFFER MOTION TO INSTRUCT ON Larson (CT) Platts Tierney Huskies women’s basketball team won its Latham Pomeroy Toomey H.R. 2646, FARM SECURITY ACT second National Collegiate Athletic Associa- LaTourette Portman Towns OF 2001 tion championship in 3 years by defeating Leach Price (NC) Turner the University of Oklahoma by the score of Lee Pryce (OH) Udall (CO) Mr. ACKERMAN. Mr. Speaker, pur- 82–70; Levin Putnam Udall (NM) suant to clause 7(c) of rule XXII, I Whereas the team, coached by NCAA Divi- Lewis (CA) Quinn Upton hereby announce my intention to offer sion I women’s basketball Coach of the Year, Lewis (GA) Radanovich Velazquez a motion to instruct conferees on H.R. Lewis (KY) Rahall Visclosky Geno Auriemma, finished the 2002 season Linder Ramstad Vitter 2646. with a perfect 39–0 record, becoming only the Lipinski Rangel Walden The form of the motion is as follows: 4th NCAA Division I women’s basketball LoBiondo Regula Walsh team to finish a season undefeated; I move that the managers on the part of Lofgren Rehberg Wamp Whereas Sue Bird was chosen as the na- the House at the conference on the dis- Lowey Reyes Waters tional women’s Player of the Year; agreeing votes of the 2 Houses on the Senate Lucas (KY) Reynolds Watson (CA) Whereas Swin Cash was named the Final Lucas (OK) Rodriguez Watt (NC) amendment to the bill H.R. 2646 be in- Four Most Outstanding Player; Luther Roemer Watts (OK) structed to insist on the provisions con- Whereas Sue Bird, Swin Cash, Diana Lynch Rogers (KY) Waxman tained in section 945 of the House bill relat- Taurasi, Asjha Jones, and Tamika Williams Maloney (CT) Rogers (MI) Weiner ing to unlawful stockyard practices involv- Maloney (NY) Rohrabacher Weldon (PA) were selected as All-Americans; ing nonambulatory livestock. Manzullo Ros-Lehtinen Weller Whereas the University of Connecticut Markey Ross Wexler f Huskies’ 35-point average margin of victory Matheson Rothman Whitfield during the regular season was the largest av- Matsui Roybal-Allard Wicker ANNOUNCEMENT OF INTENTION TO erage margin of victory in NCAA Division I McCarthy (MO) Royce Wilson (NM) OFFER MOTION TO INSTRUCT McCarthy (NY) Rush Wilson (SC) women’s basketball history; McCollum Ryan (WI) Wolf CONFEREES ON H.R. 2646, FARM Whereas the University of Connecticut McCrery Ryun (KS) Woolsey SECURITY ACT OF 2001 Huskies dominated this year’s championship McDermott Sabo Wu tournament, averaging 83.3 points and a 27- McGovern Sanchez Young (AK) Mr. BLUMENAUER. Mr. Speaker, pursuant to clause 7(c) of rule XXII, I point margin of victory en route to the NAYS—3 championship; hereby announce my intention to offer Whereas the high caliber of the University Hinchey Jones (OH) Rivers a motion to instruct conferees on H.R. of Connecticut Huskies in both athletics and ANSWERED ‘‘PRESENT’’—2 2646. academics has significantly advanced the The form of the motion is as follows: sport of women’s basketball and provided in- Capuano Kucinich I move that the House conferees on H.R. spiration for future generations of young NOT VOTING—25 2646, an act to provide for the continuation men and women alike; and Blagojevich Mascara Souder of agricultural programs through fiscal year Whereas the University of Connecticut Buyer Millender- Tanner 2011, be instructed to leave intact the House Huskies’ championship season has rallied Cannon McDonald Tauzin provisions of the House and Senate bills, spe- Connecticut residents of all ages behind a Capps Murtha Traficant cifically those which: common purpose and triggered a wave of eu- Clayton Pombo Watkins (OK) phoria across the State: Now, therefore, be it Crane Riley Weldon (FL) amend section 26 of the Animal Welfare DeMint Roukema Wynn Act, (7 U.S.C. 2156), subsection (e), to strike Resolved, That the House of Representa- Frank Schaffer Young (FL) ‘‘$5,000’’ and insert ‘‘$15,000’’; and to strike ‘‘1 tives commends the University of Con- Gutierrez Smith (WA) year penalty provision’’ and insert ‘‘2 years’’; necticut Huskies women’s basketball team H1748 CONGRESSIONAL RECORD — HOUSE April 30, 2002 for winning the 2002 National Collegiate Ath- points, and set a national record with to 70; 82 to 70. Mr. Speaker, 31⁄2 million letic Association Division I women’s basket- 831 assists. Throughout the entire sea- viewers, including all of Connecticut, ball championship and for completing the son, only 1 opponent lost by less than watched with pride as the Huskies 2001–2002 season with a 39–0 record. 10 points. claimed their place as the undefeated The SPEAKER pro tempore. Pursu- The individual talent of the Huskies’ national champions and one of the all- ant to the rule, the gentleman from players, and particularly the 5 starters, time greatest basketball teams in his- Georgia (Mr. ISAKSON) and the gentle- meshed to make them an unbeatable tory. woman from Connecticut (Ms. force. Their talent was recognized with Founded in 1881, the University of DELAURO) each will control 20 minutes. a number of accolades. All 5 of the Connecticut has a rich history of pro- The Chair recognizes the gentleman starters, Asja Jones, Swin Cash, viding educational opportunities for from Georgia (Mr. ISAKSON). Tamika Williams, Diana Taurasi, and undergraduates of diverse interests, GENERAL LEAVE Sue Bird, made the Big East All Tour- abilities and backgrounds, and the Mr. ISAKSON. Mr. Speaker, I ask nament team and they were also se- Huskies now add another national unanimous consent that all Members lected as All Americans. Swin Cash was championship title to their world class may have 5 legislative days within named the final 4 most outstanding academic reputation. which to revise and extend their re- player. Sue Bird, who scored 14 points So many outstanding young women marks on H. Res. 401. in the championship game, was chosen helped make the 2001–2002 season a The SPEAKER pro tempore. Is there as the National Championship Player smashing success, and I mentioned 4 objection to the request of the gen- of the Year and won the Honda Award seniors. But in addition to these, we tleman from Georgia? for women’s basketball. have the fifth Huskie starter, Diana There was no objection. These women have illustrated for us Taurasi, and other players on the Mr. ISAKSON. Mr. Speaker, I yield the results of Congress’s commitment, team, all of whom could have started myself such time as I may consume. through Title IX, to getting girls in- just about anywhere in the country. Mr. Speaker, I rise in support of volved in sports. b 1930 House Resolution 401. This resolution I might just add on a personal note, There were Jessica Moore, Ashley congratulates the University of Con- many, many, many years ago at the Battle, Maria Conlon, Morgan Valley, necticut Huskies for winning the 2002 Academy of Our Lady of Mercy in Mil- Ashley Valley, and Stacey Marron. A NCAA Division I women’s basketball ford, Connecticut, I played basketball. special ‘‘Way to go, Huskies,’’ goes to championship. This is the University of I am so old in this process that women head coach Geno Auriemma, associate Connecticut’s second NCAA champion- could only play half court at that time. coach Chris Daily, and coaches Tonya ship in 3 years. As my colleagues may We have really turned things around. Cardoza and Jamelle Elliott, as well as know, the team finished the 2002 season Really what title IX has provided is to athletic director Lou Perkins, and with an unblemished perfect record of that it has shown that given the re- the parents of this team. Finally, I 39 and 0 and became only the fourth sources, that women are just as tal- commend UConn President Phillip Aus- NCAA Division I women’s team to fin- ented and as exciting to watch as any tin and his administration for fielding ish the season undefeated. This is an men’s team that is out there. With such a fine team of scholar athletes. amazing accomplishment and one wor- their hard work, their absolute deter- Mr. Speaker, I look forward to stand- thy of recognition. mination, and their commitment to ing on the floor next year, hopefully, to Mr. Speaker, I want to thank the teamwork and, quite frankly, doing commend yet another UConn women’s gentleman from Connecticut (Mr. SIM- what they love to do on and off the NCAA basketball champion. But for MONS) for introducing this resolution, court, these talented young women today, it is the 2002 team. and I extend my congratulations to the have proven themselves to be role mod- Mr. ISAKSON. Mr. Speaker, I yield 3 team, their coach, and the university. I els for girls and boys across this great minutes to the distinguished gen- ask all of my colleagues to support this Nation. They have set a new standard tleman from Connecticut (Mr. SHAYS). resolution. of excellence that teams in the future Mr. SHAYS. Mr. Speaker, I thank the Mr. Speaker, I reserve the balance of will strive to match. The UCONN gentleman for yielding time to me, Mr. my time. Huskies have achieved perfection and Speaker. This is going to be kind of an Ms. DELAURO. Mr. Speaker, I yield inspired us all. echo of the gentlewoman from Con- myself such time as I may consume. Mr. Speaker, I congratulate the necticut (Ms. DELAURO). We are going First, let me just thank the gen- Huskies on their championship win and to say the same things, but every time tleman from Georgia (Mr. ISAKSON) for on their perfect season. They have we say it, we like it even more. bringing this resolution to the floor, truly earned this recognition. Go My constituents and all of Con- and those of us in Connecticut accept Huskies. necticut congratulate the University of his good wishes on this issue. I also Mr. Speaker, I reserve the balance of Connecticut Lady Huskies for winning want to thank the gentleman from the my time. the 2002 NCAA Women’s Basketball Connecticut delegation (Mr. SIMMONS) Mr. ISAKSON. Mr. Speaker, I am Championship. These Huskies truly de- for introducing the resolution honoring pleased to yield 3 minutes to the dis- serve the title ‘‘Best in Show.’’ In my the Huskies for capping a perfect 39 tinguished gentleman from Con- expert opinion, this is the greatest and 0 season. That is right. Say it necticut (Mr. SIMMONS), the author of team, the greatest team in the history again; a perfect 39 and 0 season, with the resolution. of women’s college basketball, and who their third NCAA women’s basketball Mr. SIMMONS. Mr. Speaker, I thank knows if it will ever be repeated. championship. Under the guidance of the gentleman from Georgia (Mr. How good were the Huskies? Consider NCAA division Coach of the Year, Geno ISAKSON) for yielding me this time. that in posting their 39 and O record, Auriemma, the Huskies dominated I rise today and join all of my Con- they never once trailed in the second their opponents on the court. The 2002 necticut colleagues to honor the 2002 half all season. Their average margin Huskies are destined to be remembered NCAA women’s basketball champions, of victory was a remarkable 35 points. as one of the best basketball teams in the University of Connecticut Huskies. During the NCAA tournament, they sports history. This resolution recognizes a team won their six games by an average The people of Connecticut are justly that my home State is so proud of, a margin of 27 points. excited and proud of their Huskies who group of young women who have ex- At 87.5 points per game, they were have set an example for us all with celled both on and off the court. Led by the highest-scoring team in the Nation, their teamwork and with their stand- NCAA Player of the Year and WNBA and with an average of 51.4 points al- ard for perfection. They ranked number number 1 draft pick, Sue Bird, along lowed, they had the second stingiest 1 in the Nation in scoring, 3-point with her senior teammates, Asja Jones, defense. shooting percentage, scoring defense, Tamika Williams, and NCAA most out- Mr. Speaker, this team is character- and field-goal percentage allowed. standing player Swin Cash, the Huskies ized by its quick passes, ferocious re- They set an NCAA record with a sea- capped a perfect 39 and 0 season by bounding, intense defense, and preci- son-long average victory margin of 35.4 beating the University of Oklahoma 82 sion shooting, all of which were a cut April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1749 above the rest of the competition, a big that each brings out the very best in team has done an amazing job of mak- cut above. the rest of the team, because success is ing all of us so proud and feel so much But most of all, what strikes me never the consequence of any one indi- a part of Connecticut. about the Lady Huskies is their empha- vidual player’s skill, as in life success I would say one other thing. When we sis on teamwork, their awesome team- is never the consequence of one indi- watch this team, we are not going to work: 831 assists. What a pleasure to vidual human being’s actions, but al- see their names on the back of their watch them. ways of the teamwork and interaction Jerseys because Geno points out that On their way to their second cham- among free, capable, and skilled peo- they are all a team, and no one is bet- pionship in three years, the Lady ple. ter than the other. Their names are not Huskies were led by the unselfish play But these young women are not just there. They are the team, the UConn of four sensational seniors and a super skilled athletes and great team mem- Huskies. They do a great job. sophomore: National Player of the bers. They are, in fact, fine students. Ms. DELAURO. Mr. Speaker, I yield Year and All-American Sue Bird, Final They do extremely well in their back the balance of my time. Four Most Outstanding Player and an courses, and they are women of integ- Mr. ISAKSON. Mr. Speaker, I yield all-American, Swin Cash, and All- rity and character. myself such time as I may consume. Americans Asjha Jones, Tamika Wil- Their concern for one another, the Mr. Speaker, I have no further ques- liams, and Diana Taurasi. way they treat one another, the re- tions, but I join with the gentlewoman The Lady Huskies were also a team spect for one another, their honesty, from Connecticut (Ms. DELAURO), the feared for their depth. I want to take a their integrity, and their moral char- gentleman from Connecticut (Mr. SIM- moment to recognize Maria Conlon, acter has been an inspiration to the MONS), the author of this legislation, the gentlewoman from Connecticut Stacey Marron, and two sisters, Mor- young women of our State and across (Mrs. JOHNSON), and the gentleman gan and Ashley Valley. the Nation, as well as their skill and from Connecticut (Mr. SHAYS) and oth- NCAA Coach of the Year, Geno teamwork. Auriemma, put together an unbeliev- I salute them here tonight on the ers. I commend it to the House and urge able team with his coaching staff. floor of the House, and I join my col- its adoption. These UConn Huskies are the new leagues from Connecticut and the peo- Mr. LARSON of Connecticut. Mr. Speaker, I measure that all teams have to meet. ple across our great State in saluting rise today to honor the extraordinary dedica- They were really a joy to watch, and I this women’s basketball team for their tion, hard work, and ability of the 2002 Na- congratulate them on all they have enormous victory on Sunday, March 31. tional Collegiate Athletic Association’s Wom- achieved. Ms. DELAURO. Mr. Speaker, I yield en’s Basketball Champions, the Huskies of the I also want to congratulate them for myself such time as I may consume. University of Connecticut. I am proud to be an I just want to say that I think we can being such extraordinary role models original cosponsor of House Concurrent for Americans young and old. hear from what my colleagues from Resolutin—to honor the University of Con- Mr. ISAKSON. Mr. Speaker, I am Connecticut and myself are saying as 1 necticut women’s basketball team for their in- very pleased to yield 2 ⁄2 minutes to the to how the UConn Huskies, the women, credible achievement. On Sunday, March 31, gentlewoman from Connecticut (Mrs. have captured the enthusiasm of the the Huskies completed their perfect season JOHNSON), whose height might be chal- State, whether young or old, men or with a hard-earned victory over the Oklahoma lenging for basketball, but whose spirit women, but particularly women. Sooners. With a record of 39 wins and no is national championship caliber. I will just say that my mother, Lou- losses, the Huskies were named for the sec- Mrs. JOHNSON of Connecticut. Mr. ise DeLauro, is 88 years old. She is ond time in three years as the NCAA cham- Speaker, I thank the gentleman from fixed to the TV when the women are pions. Georgia, but I would remind him in playing, and I will tell Members why. Of the five starters this season, four were those days when speed mattered more When she was growing up, and I did not seniors: Sue Bird, Swin Cash, Tamika Wil- than height, I was quite okay. know this until really listening to her liams, and Asjha Jones. During their four Mr. Speaker, I rise with my col- and watching her watch this game and years at the University of Connecticut, they leagues from Connecticut to pay trib- looking at the plays, and it was just had a record of 136–9, made three Final ute to a truly great team. These young amazing to me, she talked about wom- Fours, and won two National Championships. women have played now, four of them, en’s leagues when she was in school, in They were only the fourth team in women’s for 4 years for UConn, and it is not just which she played in the city of New college basketball history to go undefeated, the top team that is so impressive, it is Haven, eight leagues of women playing tying the record for the most wins. Throughout all the way down through the bench in one city in our State. And given the season the team had an average margin that this team is truly a model for all that she is 88 years old, Members can victory of 35.4 points, and never trailed in the young women across the Nation. figure out how many years ago that second half of a basketball game. First of all, let me remind Members was. Members of the team won various awards that on Sunday, March 31, they de- We literally have come full circle. this season. Sue Bird won the Wade Trophy feated Oklahoma University to win the This is intergenerational. We have for National Women’s Player of the Year, NCAA tournament with a perfect Louise DeLauro at age 88 fixed to the Naismith Player of the Year, and was selected record of 39 wins to zero losses. TV, and we have young women all over for AP First Team All-America Honors. Swin I would also like to offer special con- our State looking at these women as Cash an sophomore Diana Taurasi were se- gratulations to the head coach, Geno real role models. It is a change in how lected to the All-America Second Team, Asjha Auriemma, who won his third national not only our State, but this country Jones made the All-America Third Team, and title, and all the players this season, views women in competitive sports and Tamika Williams received Honorable Mention including the departing seniors, who views women’s basketball. All-America. Coach Geno Auriemma was se- have had a most remarkable 4 years. Mr. SHAYS. Mr. Speaker, will the lected as Naismith Coach of the Year and Geno is a remarkable coach, and I gentlewoman yield? 2002 Russell Athletic/WBCA Division I Na- think this team is, as his previous Ms. DELAURO. I yield to the gen- tional Coach of the Year. teams were, evidence not only of his tleman from Connecticut. Those associated with women’s college skill and leadership, but their char- Mr. SHAYS. Very briefly, I would basketball have claimed that this Husky bas- acter and intelligence. love to just say, Mr. Speaker, that this ketball team is among, if not, the best team in I rise today because these young basketball team and the teams that the history of the Women’s game. I believe the women are not just champions in the Lew Perkins has put together, the ath- ultimate compliment was paid to this team basketball world, as important as that letic director, have brought Con- when Pat Summitt, coach of the Tennessee is. They are not only skilled individual necticut together. Lady Vols, said: ‘‘[Geno’s] done a great job basketball players, but they are out- I represent a part of Connecticut with them and they’re big play people all standing team players, and it is that closer to New York City, and some- across the board. And what I really admire that their coach, Geno, has taught times my constituents think they vote about this Connecticut team is how hard they them: How to work together, how to for the Governor of New York instead play and how inspired they are in every pos- help the other guy, how to make sure of Connecticut. But this basketball session. I did not recall seeing a player not H1750 CONGRESSIONAL RECORD — HOUSE April 30, 2002 play hard every possession. And that speaks First of all, we need to understand HONORING YOUTH NEED PRIME for their character and what they brought to that in order for people to move from TIME the court tonight against us. But I may do to welfare to work, that more education The SPEAKER pro tempore (Mr. the graduation and cheer. You think they’ll let and training is needed and necessary, KELLER). Under a previous order of the me go? I might be there. as opposed to more work requirements. House, the gentleman from Indiana I would like to extend my personal congratu- The 24-hour direct work-related ac- (Mr. PENCE) is recognized for 5 min- lations to the UConn Husky women’s basket- tivity that is proposed is too strict. utes. ball team. The entire State of Connecticut is The only 16-hour non-direct work-re- Mr. PENCE. Mr. Speaker, I come proud of the Husky team, which has helped lated activity does not allow an indi- today to this Chamber having had an turn Connecticut into the center of women’s vidual to receive adequate educational extraordinary morning in east central college basketball. Therefore, I ask my col- or vocational training, and does not Indiana. At my side was the conference leagues to join me in support of this resolution allow the ability for adequate job chairman for the Republican majority and to celebrate the talents of this exceptional training and education. of the Congress, J.C. Watts, who is, team. We need to understand, Mr. Speaker, among other accolades including Or- Mr. ISAKSON. Mr. Speaker, I yield that education is needed for recipients ange Bowl hall of famer, a football back the balance of my time. to get off welfare permanently. We player and one of the best known mem- The SPEAKER pro tempore (Mr. need to allow recipients the oppor- bers of this institution nationally. He PENCE). The question is on the motion tunity of 24 months of job training or is a man, as I learned today, deeply offered by the gentleman from Georgia vocational training, and 2 years of de- committed to the least of these and to (Mr. ISAKSON) that the House suspend gree attainment. That is to suggest coming alongside those in community, the rules and agree to the resolution, that they need to be afforded the op- not sadly, Mr. Speaker, often associ- H. Res. 401. portunity to acquire at least an Asso- ated with the Republican Party in this The question was taken; and (two- ciate of Arts degree. day and age, but a community that is Recipients must compete with the thirds having voted in favor thereof) nonetheless deeply in need of attention lagging economy and the fact that the rules were suspended and the reso- and, specifically, legislative attention more college graduates are now stuck lution was agreed to. by this Congress. in low-paying jobs. We need to under- A motion to reconsider was laid on Today J.C. Watts and I traveled to stand that recipients need education, the table. the west side of Anderson into, Mr. education, and education if they are to f Speaker, a ramshackle house, dilapi- increase the possibility of moving from dated, the floors creaking beneath us, SPECIAL ORDERS welfare to work. an old refrigerator humming in the We need to allow for high school di- back room full of Cokes and snacks. We The SPEAKER pro tempore. Under ploma attainment, English language stood before some 30 people, teenagers, the Speaker’s announced policy of Jan- learner classes, and adult basic edu- largely minority young men and uary 3, 2001, and under a previous order cation, including adult literacy pro- women, all of them from disadvantaged of the House, the following Members grams. Education and training make a families, each of them from one degree will be recognized for 5 minutes each. critical difference in employability, or another in trouble with the law, in f earnings, and job retention. In 1998, 28 percent of TANF recipients trouble at school. And all of these stu- REMOVAL OF NAME OF MEMBER dents gathered as this football player- AS COSPONSOR OF H.R. 1950 worked for substandard pay while still qualifying for aid. People leaving wel- turned-Congressman and as this talk Mr. DAVIS of Illinois. Mr. Speaker, I fare earn around $6.61 per hour, or from show-host-turned-Congressman stood ask unanimous consent to have my $8,000 to $12,000 a year. in front of them extolling the virtues name removed as a cosponsor of H.R. of the leader of that organization, 1950. b 1945 Youth Need Prime Time, Thomas Jack- The SPEAKER pro tempore. Is there More education is obviously needed if son; the work that he had done in that objection to the request of the gen- they are to earn enough to earn a de- place and in lesser places, Mr. Speaker, tleman from Illinois? cent living. Welfare rolls dropped 22 over the last 16 years, touching the There was no objection. percent between 1995 and 1997. How- lives of some 3,000 young people in one f ever, poverty among families headed of the most disadvantaged areas of the by single mothers dropped only 1 per- Sixth Congressional District of Indi- REPORT ON RESOLUTION PRO- cent. The reality is that the poor are ana. VIDING FOR CONSIDERATION OF getting poorer. Many must choose be- I heard J.C. Watts as he spoke about H.R. 2871, EXPORT-IMPORT BANK tween child care and work. We must re- the lies on the street, having grown up REAUTHORIZATION ACT OF 2001 duce the extent and severity of poverty in a disadvantaged black family him- Mrs. MYRICK (during debate on H. and promote self-sufficiency among self. His father, Buddy, having not ever Res. 401) from the Committee on Rules, families if we are doing anything seri- gone to school beyond the second submitted a privileged report (Rept. ous about moving people from welfare grade, J.C. Watts was able to speak No. 107–423) on the resolution (H. Res. to work. Child care funding needs to be with authority to these young people 402) providing for consideration of the adjusted for inflation. We must in- about the lies of believing that it will bill (H.R. 2871) to reauthorize the Ex- crease Federal funding for the child de- never happen to me, believing that the port-Import Bank of the United States, velopment funds to meet the needs of rules of law and the rules of nature will and for other purposes, which was re- all eligible children. And we must in- never catch up with them and least of ferred to the House Calendar and or- vest enough in child care to make a dif- all the long arm of the law. dered to be printed. ference. Mothers who work low-wage I saw those young people, Mr. Speak- f jobs often do not have benefits to leave er, with rapt attention as they lis- work when the child is sick or they tened. But my heart nevertheless went THE REAUTHORIZATION OF TANF work conflicting hours. The annual out to the leaders of that organization The SPEAKER pro tempore. Under a cost of child care is $4,000 to $6,000 and who make it, Mr. Speaker, hand to previous order of the House, the gen- can rise as high as 10,000. Child care mouth, barely paying the rent, barely tleman from Illinois (Mr. DAVIS) is rec- must be an integral part of any effort having the resources to run the organi- ognized for 5 minutes. to move people from poverty, from wel- zation as it has impacted so many lives Mr. DAVIS of Illinois. Mr. Speaker, fare to work. since 1986. as we move towards the reauthoriza- So I urge, Mr. Speaker, that as we And my mind wandered to the legis- tion of TANF, and as we look at the move towards reauthorization of TANF lation that we passed in this House al- whole question, the whole issue of wel- we realize what we are trying to do is most now a year ago, legislation fare reform, I think there are some to move people not from just welfare to known as the Community Solutions principles and concepts and realities work but from poverty to a decent Act. It was legislation commonly de- and truisms that we need to deal with. level of living. scribed as the faith-based initiative April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1751 that would encourage charitable giv- ing nearly 2,000 men supposedly linked tleman from Illinois (Mr. LIPINSKI) is ing, expanding charitable choice to in- to terrorists. This was done in an effort recognized for 5 minutes. clude faith-based organizations just to crack down on terrorists. The im- (Mr. LIPINSKI addressed the House. like Youth Need Prime Time; and say- pression was also given by Musharraf His remarks will appear hereafter in ing to these organizations that they that the madrassahs, those schools the Extensions of Remarks.) would be allowed to compete for Fed- with training in fundamental Islamic f eral grants in the areas of housing, job principles which were directly linked The SPEAKER pro tempore. Under a training, child welfare, child care serv- to terrorism, would be closed through- previous order of the House, the gentle- ices, crime prevention programs and out Pakistan. But, Mr. Speaker, this is woman from Ohio (Ms. KAPTUR) is rec- the like. in fact not the case at all. ognized for 5 minutes. As I looked this morning into the To begin with, the 2,000 supposed (Ms. KAPTUR addressed the House. eyes of Shorika, a 14-year-old girl who militants rounded up were for the most Her remarks will appear hereafter in had made a decision, Mr. Speaker, to part arrested for minor crimes. From the Extensions of Remarks.) say yes to life, bringing a small child my understanding, there were two ex- into the world even at that tender age, ceptions to this: the arrest of Masood f I thought of the frustration of a system Azar, head of Jaish-e-Muhammad and The SPEAKER pro tempore. Under a that discriminates against ministries the arrest of Hafiz Saeed, leader of previous order of the House, the gentle- like Youth Need Prime Time simply Lashkar-e-Taiba. woman from the District of Columbia because on occasion they mention God, At this point, however, Mr. Azar has (Ms. NORTON) is recognized for 5 min- on occasion they have a Bible study or been demoted to house arrest, Mr. utes. have a cross on the wall. Saeed has been freed, and most of the (Ms. NORTON addressed the House. So I simply rise today to speak of an 2,000 others that have been arrested Her remarks will appear hereafter in extraordinary experience with J.C. have been released under the condition the Extensions of Remarks.) Watts, a man of extraordinary voice in that they maintain good behavior. f our party. But I also think, Mr. Speak- There is no accountability, Mr. The SPEAKER pro tempore. Under a er, of the critical need for this Con- Speaker, for terrorist activity in Paki- previous order of the House, the gen- gress and this government to amend stan or Kashmir. tleman from Oregon (Mr. BLUMENAUER) the laws of this Nation, to come along- Musharraf is reversing his crackdown is recognized for 5 minutes. side organizations like Youth Need on terrorists, and terrorist groups that (Mr. BLUMENAUER addressed the Prime Time, to courageous men like formerly existed are now rejoining House. His remarks will appear here- Thomas Jackson and his family and other groups under new names. after in the Extension of Remarks.) the volunteers that are there every day Mr. Speaker, President Musharraf is f of the week, day in and day out, com- cozying up to the United States and its ing alongside some of the most trou- allies under the pretense that he is The SPEAKER pro tempore. Under a bled and disadvantaged young people in leading Pakistan in a war against ter- previous order of the House, the gentle- the district that I serve and saying rorism, while at the same time he is woman from Nevada (Ms. BERKLEY) is that not only is the American dream condoning terrorism at home, in Paki- recognized for 5 minutes. alive, but it is alive for them if they stan, as well as in Kashmir. This is not (Ms. BERKLEY addressed the House. will but have the faith and the self-sac- only exemplified by the release of Her remarks will appear hereafter in rifice and the determination to reach those arrested, but also by the contin- the Extensions of Remarks.) it. Let us in this Congress extend the ued operation of the religious schools f with curricula that encourage violence. faith-based initiative and come along- EXPRESSING SUPPORT FOR ABSTI- side the least of these. This double standard is unacceptable and should no longer be tolerated by NENCE EDUCATION PROGRAMS f the United States. The SPEAKER pro tempore. Under MUSHARRAF EASING UP ON Mr. Speaker, it is no coincidence that the Speaker’s announced policy of Jan- TERRORISTS Musharraf has released many of these uary 3, 2001, the gentleman from Michi- The SPEAKER pro tempore. Under a arrested, including the leaders of ter- gan (Mr. UPTON) is recognized for 60 previous order of the House, the gen- rorist organizations at the same time minutes as the designee of the major- tleman from New Jersey (Mr. PALLONE) as the referendum which would con- ity leader. is recognized for 5 minutes. tinue his dictatorship for 5 more years. Mr. UPTON. Mr. Speaker, I know Mr. PALLONE. Mr. Speaker, since Musharraf relies on the militant fun- that there are a number of Members September 11 the United States and the damentalists to maintain his illegal wishing to come over tonight to talk rest of the world have been curiously seizure of power as president. He does on this Special Order, and I also know watching President Musharraf of Paki- not have the legitimacy that comes that there is a markup going on in the stan and the role he has been playing from being elected president by the Committee on Armed Services, so a on the war on terrorism. Fortunately, people of Pakistan. He is required to number of Members may put their re- Mr. Speaker, he has been cooperative link his military rule to a fundamen- marks in as an extension of remarks. with the United States in our anti-ter- talist religious theocracy in order to We are holding this Special Order to- rorist activities. But unfortunately, justify staying in office. night to provide our colleagues and the Musharraf has shown no dedication to Mr. Speaker, I also believe that peace public with information about a key quelling terrorist activities in his own between India and Pakistan and the ne- component of the 1996 welfare reform backyard, Pakistan and Kashmir. gotiated settlement of the Kashmir law, title V, Abstinence Education Musharraf has created a double issue is inevitably linked to a demo- Block Grant program. When we passed standard where he fights against ter- cratic government in Pakistan. Democ- welfare reform in 1996, we emphasized a rorism globally, but winks at terrorist racies rarely war with each other and number of points, two specifically: activity locally. are more likely to settle their dif- work and responsibility. And we have Mr. Speaker, following the October 1 ferences through peaceful means. made great strides in promoting work, attack on the Jammu and Kashmir General Musharraf’s actions are mov- but too many young people’s dreams State Assembly and the December 13 ing in the opposite direction. An exten- have been cut short by poor decisions attack on the Indian Parliament last sion of his military regime will mean that dramatically affect the course of year, it was clear that action against more encouragement to terrorism in their lives. Islamic militants needed to take place. Kashmir and ultimately I unfortu- Teen birth rates have been falling for At that time, it was reported that nately think the greater likelihood of the last 9 years and that is good news. President Musharraf outlawed two or- war with India. But nearly half a million teens are giv- ganizations responsible for terrorism in f ing birth each year, a rate higher than Kashmir, Jaish e-Muhammad and The SPEAKER pro tempore. Under a those of most industrialized nations. Lashkar-e-Taiba, in addition to arrest- previous order of the House, the gen- And 8,519 births last year are to girls H1752 CONGRESSIONAL RECORD — HOUSE April 30, 2002 under the age of 15. We know that out- It is important to note that reau- I would yield to my friend and col- of-wedlock births and teen births take thorization of title V abstinence edu- league, the gentleman from Oklahoma a high toll on the teen mom, the child cation program, which we did in the (Mr. SULLIVAN). and our society as a whole; and we Committee on Energy and Commerce Mr. SULLIVAN. Mr. Speaker, I know that that life is rough for them last week, will in no way affect Federal thank the gentleman from Michigan as well. And while the teen birth rate support for other teenage pregnancy (Mr. UPTON) for yielding me the time. may be falling, sexually transmitted prevention sexual programs. Let me Mr. Speaker, I am here tonight to diseases, STDs, have reached epidemic say that again. The reauthorization of raise some very important issues and proportions in this country, placing this program last week in no way af- shed light on the importance of absti- the health and the very lives of sexu- fects other Federal support for other nence education. Some would say we ally-active teens in peril. teen pregnancy prevention programs. are sending a mixed message with both Today, one in four sexually-active There are at least 25 Federal programs abstinence education and sex edu- teens is infected with an STD. Numer- providing funding for contraceptive cation. To say kids are hearing two ous studies show that if you give absti- and sex education while there are only messages which are confusing and that nence education a chance to work, it three abstinence-focused programs. one should go away is absurd. Do we does. I know in my State of Michigan Contrary to claims that my col- tell them if they are going to drink and we have been at the forefront of this ef- leagues may have heard about restric- drive to make sure they wear a seat fort, and we have made significant tions about what may be discussed in belt? Do we tell them if they are going progress in reducing teen births and abstinence education programs, noth- to use potentially deadly inhalers that the number of abortions through edu- ing in the Federal law or the guidelines they should sniff slowly? cation and mentoring programs, and to the States prohibits the discussion No. We know that drinking and driv- that has got to be our national goal. of any subject. ing is wrong, period. We know that in- Mr. Speaker, President Bush got it Contrary to the claim that there is haling potentially deadly substances is right when he said that abstinence is no scientific evidence that abstinence wrong, period. In my opinion, sex ed or not just about saying no to sex, it is programs work, there are, in fact, 10 the just-in-case message is the cause of about saying yes to a happy, healthier scientific evaluations available now confusion for kids. Just as we expect future. Anyone who thinks abstinence showing that abstinence education is kids not to drink and drive, because of education does not work has only to effective in reducing sexual activity. the dangers they pose to themselves and others, we should teach them to be examine the Michigan record, my Since 1996, the enactment of the Wel- safe, truly safe, and have self-con- State. Begun back in 1993, Michigan’s fare Reform bill included abstinence fidence in themselves without looking Abstinence Partnership, MAP, the education, teen pregnancy and birth- for their self-worth in physical activity MAP program, is an innovative ap- rates have been falling. That is great that may put themselves and others at proach implemented through the com- news, but we need to continue and risk. Just as we expect them to excel munity empowerment model. build on that success. Out-of-wedlock at their studies, we should expect them Community coalitions plan, imple- births are often disastrous for mothers, to excel in making wise choices for ment, evaluate, revise and monitor the children, society as a whole, and chil- program. Parent education is provided themselves. dren born out-of-wedlock are far more I believe this is truly compassionate to encourage effective communication likely to be poor, suffer ill health, drop with youth about the importance and conservatism. I know that certain be- out of school. In the case of boys, they haviors will affect children adversely, the benefits of choosing abstinence. are twice as likely to commit a crime, For the last 3 years in a row, Michigan and to work towards helping them un- lead to incarceration by the time they derstand how to act and why it is im- has received a bonus award from the reach their early 30s. Department of Health and Human portant in their own lives. What are STDs have reached epidemic propor- Services given each year to up to five the risks of not staying abstinent? tions in our country, placing the States which experience the largest de- STD, out-of-wedlock births, abortion, health and lives of sexually active crease in their ratio of out-of-wedlock and physical and emotional injury. young people in serious peril. In fact, to total births while also experiencing Here are some facts to consider. in the 1960s, one in 47 sexually active a reduction in their abortion rate. In the 1960s, the dominant diseases teenagers were infected with an STD. related to sexual activity were syphilis b 2000 Today it is not one out of 47, it is one and gonorrhea. Today they are incur- Michigan is far from alone in em- out of 4. Young people need to know able viral diseases. Approximately 6 bracing abstinence education as an ef- that having sexual relations puts them percent of adolescent females tested at fective means of reducing teen preg- at risk not only for HIV/AIDS but also family planning clinics are infected nancies in out-of-wedlock births and of herpes, which is obviously incurable, with Chlamydia, which leads to the protecting our young people from the and may affect babies during birth, re- scarring of the fallopian tubes and is scourge of sexually transmitted dis- sulting in severe damage or death. the fastest growing cause of infertility, eases. Teens need to know they are at risk and the National Institutes on Health State participation in the title V ab- for human papillomavirus, PHV, which Workshop on the Scientific Evidence of stinence program is voluntary, and for is the leading viral STD and which Condom Effectiveness for STD Preven- every $4 in Federal funding States re- causes nearly all cases of cervical can- tion reported that there is no evidence ceive, they must put $3 into non-Fed- cer, and they need to know that sci- that condoms reduce the sexual trans- eral funding. So it is a 4-to-3 match, entific research shows that condom use mission of HPV, and no evidence that and yet interest in this program is very offers relatively little protection from condom use reduces the risk for trans- high. herpes and no protection from HPV. mission of herpes. Today 49 out of the 50 States are par- Abstinence education programs provide In 1995, the year before we enacted ticipating in the program. Over one- the right information. welfare reform, 66 percent of families third of all school districts in the Na- Too many of our kids’ dreams have with children headed by a single parent tion now choose to teach abstinence been cut short by poor decisions that were living in poverty. Living in a sin- education in their classrooms, and as dramatically alter the course of their gle-parent family approximately dou- part of their abstinence education pro- lives. Abstinence education programs bles the likelihood that a child will be- grams, States and local grantees have give our young both the inspiration come a high school dropout. Is this the launched media campaigns to influence and education that they need to make legacy we should be teaching kids to attitudes and behavior, develop absti- good, healthful decisions. Our young pass to their children? nence curriculum, revamp sexual edu- people look to us for clear messages No. I think we should teach children cation classes, start mentoring pro- and for help in setting high standards to act responsibly. I want to tell my grams and implement other creative for themselves. Abstinence education colleagues about a great program in and effective approaches to encourage programs will, in fact, give them that my district, KEEP. KEEP teaches kids abstinence. help. outside the school setting how to build April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1753 solid relationships and avoid peer pres- (Mr. UPTON) for scheduling today’s spe- sequences of ill-advised sexual activity sure that might lead them down the cial order. by young people is severe, and I asked road of sexual promiscuity. They help I, too rise, this evening to talk about her specifically during the hearing if kids understand rules and boundaries an issue that the Committee on Energy the other title V programs in the rest necessary in relationships so that un- and Commerce, Subcommittee on of the country are somewhat similar to planned pregnancies can be avoided, Health, which I chair, examined last hers or at least follow basically the and they do it in such a way as to week. I am referring, of course, to the same concept, and her answer is, yes, make kids think, to answer questions Abstinence Only Education Funds, they are. and understand consequences, not just which are provided through title V of Again, I want to emphasize, these are preach to them. the Social Security Act. not ‘‘just say no’’ programs. They go I commend them for their work and I The Committee on Energy and Com- into the broad work and the character firmly believe this approach is the cor- merce favorably reported legislation of the individual. This is so critically rect one. Kids need to think through last week that would reauthorize this important because the consequences of things before they take actions that important program through fiscal year ill-advised sexual activity by young may affect them adversely later in life. 2007. These Abstinence Only Education people is severe. One of the greatest tragedies of our Funds were first included as part of the Another one of our witnesses, Dr. Joe days is not just that our babies are Personal Responsibility and Work Op- McIlhaney, told us that, ‘‘Sexually having babies, but that our young portunity Reconciliation Act of 1996, transmitted infection is highly preva- daughters are often taking the lives of which reformed our Nation’s welfare lent among adolescents. 3 to 4 million their unborn children through abor- laws to put an emphasis on work and sexually transmitted diseases are con- tion. Studies are beginning to show a end the seemingly endless cycle of de- tracted yearly by 15 to 19 year olds, and link between breast cancer and abor- pendency that was present under the another 5 to 6 million sexually trans- tion. Our young girls must be taught old Aid to Families With Dependent mitted diseases are contracted annu- this, must know what the possibilities Children Program. ally by 20 to 24 year olds.’’ As we all are when they choose to have sex out- Title V allocated $50 million for fis- agree, and everybody agreed, absti- side of marriage and choose to have an cal years 1998 to 2002 for block grants nence is the only sure way to prevent abortion. to States for the development of Absti- the spread of sexually transmitted dis- The psychological consequences of nence Only Education programs. To eases, as well as out-of-wedlock preg- abortion are well known, even to date, 49 of the 50 States have elected to nancies. women who have abortions, and the participate in this program. I am very b 2015 physical consequences range from the pleased, of course, that my own State inability to conceive later to serious of Florida has elected to participate in I would like to point out one impor- medical emergencies which threaten this program. tant fact that I highlighted during my the life of the woman. Abstinence In fact, during my subcommittee’s subcommittee’s hearing and the subse- teaches self-respect and gives a path hearing last week, we heard from Ms. quent full committee markup. Absti- for kids to follow that does not lead Jacqueline Del Rosario, who runs a nence-only programs do not prohibit them down a path like this. project in Miami titled ReCapturing educators from discussing the facts There are consequences of early sex- the Vision. Ms. Del Rosario started the about the effectiveness of contracep- ual activity, emotional, psychological program in a middle school in an im- tives, the spread of sexually-trans- injury. Sexually active youth live with poverished area of Miami, Dade Coun- mitted diseases, or any other topic anxiety about the possibilities of un- ty. In its 8 years of operation, partici- that might be raised. The only require- wanted pregnancy or contracting a pants in ReCapturing the Vision have ment is that the use of contraceptives devastating sexually transmitted dis- only a 1.1 percent pregnancy rate, and cannot be advocated; only abstinence ease. I repeat that. In its 8 years of oper- can. As the quotes we read from young ation, participants in ReCapturing the In a recently-release interim report people participating in abstinence pro- Vision have only a 1.1 percent preg- on the effectiveness of abstinence-only grams unfortunately indicate, becom- nancy rate. programs, the highly-respected re- ing sexually active makes young peo- Ms. Del Rosario testified that one search firm Mathematica noted that, ple vulnerable to emotional and psy- reason why she believes her program and I quote, ‘‘Obtaining clear and de- chological injury. Many young girls re- has been so successful is because, ‘‘Re- finitive evidence on the success of ab- port experiencing regret or guilt after Capturing the Vision does not just stinence evidence programs is a dif- their initial sexual experience. So let teach teens to say no to sex, but we ficult task that requires time.’’ Until us review. also build their values and cause them this comprehensive assessment is com- Abstinence education teaches kids to to embrace the future.’’ plete, in spite of the fact we hear about avoid STDs, to avoid unplanned preg- Ms. Del Rosario went on to add that the success rates by Ms. Del Rosario nancies, to avoid going down the path ‘‘Contraceptives cannot protect a 15 and others, until the assessment is that leads towards abortion, to avoid year old from the erosion of her dignity complete, and given the anecdotal suc- the possibility of physical or emotional and self-worth. There must be another cess we have learned about from pro- scars, towards self-confidence, and it value that causes teens to raise their grams like ReCapturing the Visions gives the States the flexibility to de- standards and protect their emotional and others, we should continue to fund cide which programs to fund. and physical health.’’ these programs so we can have an accu- It is a win-win situation all around, She further argued that diluting the rate picture of their effectiveness and and I hope my colleagues in the House Abstinence Only message was harmful. to gain the value of the good that they will support a strong abstinence edu- She went on to say, ‘‘I had heard it said do. The proven good they do. cation definition and continued fund- that abstinence with contraceptives I thank the gentleman for yielding. ing for strong abstinence education was a ‘mixed message’ but I never be- Mr. UPTON. Mr. Speaker, I thank programs. lieved it to be true.’’ However, she the gentleman from Florida for partici- Mr. UPTON. Mr. Speaker, I thank learned that, ‘‘Kids need a concise and pating again tonight and for his leader- the gentleman from Oklahoma for his clear message. To hear it from the stu- ship, which was certainly appreciated great statement, and I would yield to dents caused me to believe that we last week in committee. the gentleman from Florida (Mr. BILI- must be the voice that tells them that Next I would like to yield to my RAKIS), my friend and colleague, and we expect them to abstain and we be- friend, a member of the subcommittee the Chairman of the Subcommittee on lieve they can do it.’’ that I chair, the Subcommittee on Health, who helped carry the absti- By continuing title V funding for an- Telecommunications and the Internet, nence reauthorization through the other 5 years, we can encourage the de- the gentleman from Nebraska (Mr. committee last week. velopment of more successful programs TERRY). Mr. BILIRAKIS. Mr. Speaker, I like ReCapturing the Vision. This is so Mr. TERRY. Mr. Speaker, I thank my thank the gentleman from Michigan critically important because the con- chairman. I appreciate that he is doing H1754 CONGRESSIONAL RECORD — HOUSE April 30, 2002 this special order tonight to bring the pretty rare all the way up to, and I am We just sat around the table and they message out to the people of America going to have to get away from the outlined for me the hardships that they what this good Congress is doing for microphone here, but the spot I am now face and the realization that they our youth. pointing to is 1994, the critical year of probably should not have done what The gentleman was here in 1996 when the passage of the Title V abstinence they did. And, frankly, it was before a this Congress passed the Welfare Re- program funding. That was the peak. lot of these programs came into play. form Act with this important provi- That was the peak of teenage preg- Abstinence does work. Those pro- sion. nancy. grams and that funding is important, Mr. UPTON. Actually passed it four I do not think it is coincidental that and it keeps them on a much better times. the time that we as a Nation agreed path. Project Reality, a group from Il- Mr. TERRY. Four times. Well, the that abstinence was an important mes- linois, came out with six good reasons gentleman had a little trouble con- sage for our teenagers that we have to fund abstinence education: One, vincing some other people of the im- seen a dramatic drop in teenage preg- teens want to learn about abstinence. portance of not only helping people up nancy since then. When we had our Nearly all teens, 93 percent, said they out of poverty by teaching them spe- hearing last week, some of the should be given a strong message about cial skills so they could become em- naysayers kept telling us, there is no abstinence. ployed, but also on such important evidence. There is no evidence. There is Mr. TERRY. Ninety-three percent issues as teaching abstinence to our no evidence. But, my God, this is pret- felt they needed a strong message. children. ty dramatic. Does my colleague agree? Mr. UPTON. Second, abstinence is It confuses me. I was simply a city Mr. UPTON. Absolutely. I look at my the only 100 percent effective method councilman in 1996 when the gentleman State and that is exactly when teen of prevention. We know that. Three, were wrestling with this issue and fac- pregnancies began to drop. And the most teens are not sexually active and ing several vetoes by the White House nice thing about this program is it is most of those who are do not want to then. But I appreciate that the gen- not just Federal dollars, it encourages be. tleman continued to persevere through the States to establish their programs The Center for Disease Control re- those and eventually triumph, because and it becomes a match. For every $4 of ports that about 36 percent of high I really feel it has been an important Federal dollars, the States have to school students are considered sexually message to our youth that we adopt come up with $3. And then there are in- active. this Title V program where we have a centives and awards if they actually do Four, abstinence education teaches specific, and let me stress that, a spe- work. the benefits of marriage and family. cific program to teach abstinence to Michigan has had a great program Surveys show that three out of four our youth. It is the first time, as I un- under the leadership of our governor, teens hope to have a good marriage and derstand, that Congress did this, in and we have seen that work and we family life. 1996. have seen those rates continue to de- But here are two things that really I would assume that the Congress did cline year after year. stand out. Abstinence education offers it for the good-hearted and compas- Mr. TERRY. We in Nebraska have significant economic and sociological sionate reason that when we want to shared the same statistics because we benefits. Teens who choose abstinence lift people out of poverty, it is hard have embraced the abstinence pro- are less likely to engage in other risk- when we are trying to help a teenage grams. We have several school dis- related behaviors, such as underage mother out of poverty. If anything tricts, our public schools, that have drinking, smoking, and the use of ille- locks someone into their current sta- adopted these programs and apply for gal drugs. Pretty incredible. tus of poverty, it is having a child reimbursement. Mr. TERRY. So a positive message when one is 13, 14, 15, 16, and 17 years Mr. UPTON. One of the things I said goes across the board in their life. old. So it was certainly the compas- last week during the markup in a dis- Mr. UPTON. That is right. It is char- sionate thing to do, and I appreciate cussion on the bill is that I visit a acter and all the things we want. This that. school, just like the gentleman does, program builds on that. It is just unbelievable to me now, en- just about every week, because I also Mr. TERRY. Building character, self- tering my fourth year of Congress, and, serve on the Committee on Education esteem, the power to say no, to make again, I was not here in 1996, but that and the Workforce. I go to all different those tough choices that our teenagers we are having these same battles sizes. I was on the Western Michigan have to make on a daily basis. again. It is just unbelievable when we University campus earlier this morn- Mr. UPTON. That is right. look at the importance of such a pro- ing. But whether it be an elementary Mr. TERRY. That is what this pro- gram. school, a high school, a private school, gram teaches. It is not just the sex Let us talk a little bit about one of a charter school, and we passed a great part, but it is teaching them the inter- the reasons why I would assume it was charter school bill earlier this evening, nal strength to say no; to recognize the such an important tenet in the Welfare but one of the toughest times that I situations where they can be manipu- Reform Act of 1996, and that is to try have had sitting down with students is lated by their peers; to identify that to help teenagers learn and understand when I have met with kids that have situation and remove themselves, but the importance of not becoming a kids, 13, 14, 15-year-old girls. They also to teach them the internal mother or a father when you are 14, 15, thought it was fun until they had the strength, the self-esteem to be able to 16 years of age. So we are hoping to re- child. They see now what the work is say no once they have recognized that duce the teenage pregnancy rate. In and they have a tough life ahead of situation. That is important. 1994, 46.6 out of every 1,000 teenagers them. They really do. It is all we can Mr. UPTON. Absolutely it is. That is became pregnant out-of-wedlock. Now, do to encourage them to stay in school why we had a very strong bipartisan what is important, since the passage of because their lives are changed dra- vote last week to get this plan adopted. this Act and this program, as of Janu- matically if they do not continue to I think it was 35 to 17 in the com- ary 2000, this teenage pregnancy rate get that high school diploma or GED mittee. We look forward to having it has fallen to 39.6 per 1,000 teenagers. afterwards. on the floor for debate and a vote as That is incredible improvement over a And as I have sat down with those early as next week as part of the wel- short period of time. girls, kids really is what it is, they fare reform reauthorization bill. The abstinence education programs know how tough it is. And it is that Mr. TERRY. I look forward to that. that Congress began funding in 1996, I message, and I am now 49 years old and And I really believe the abstinence pro- believe, has significantly contributed they do not always want to hear from gram the Congress passed in 1996 and to this decrease. Here is a chart I a 49-year-old guy, so it is better for we get to authorize is one of the major brought for the American public to- them to hear from their own peers. And causes of the drop in teenage preg- night, and what we see here is at the they do not have a very good story to nancy. zero level. This goes back to the 1940s tell. We really got that discussion, as I But we still have a long way to go. when teenage pregnancy was really said, at a number of different schools. We have to recognize that while the April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1755 hard empirical evidence may not be cussed in great detail in our committee the matter is I do not know how we there for us yet, because of the fact last week. It is sexually-transmitted teach abstinence and safe sex at the that we are in the early stages of such diseases. same time. That is one of the issues an important program, that is not a As we have learned from the testi- that we are going to face when this bill reason to throw it out, as the 17 in our mony, and the chairman of our Sub- is brought to the House floor. We are committee wanted to do. committee on Health was up here and going to have to beat back several Mr. UPTON. Well, imagine, as we gave some great testimony from his amendments to try and change an ab- look at the great progress that has witnesses that testified before his sub- stinence program into a safe sex pro- happened on welfare reform. And it is committee, but the testimony that was gram. on both sides of the aisle. The gov- presented to the rest of us in our com- As I understand the way it works in ernors have done a terrific job. I have mittee was that when we really look at Nebraska, and perhaps the gentleman met with our Department of Social the true science of other ways of pre- can expand on how it works in Michi- Services, now called our FIA offices venting STDs, sexually transmitted gan, an entity, we have all the way back in Michigan. But as we look at diseases, and how infective they can from the Girls and Boys Town U.S.A., the tremendous progress that we have truly be, there is only one 100 percent to Norfolk and Omaha public schools, had; more money for job training, as- sure way to avoid a sexually trans- to scouting that will adopt an absti- sistance to help with health benefits, mitted disease. nence-only program and teach that. particularly Medicaid for families that Then they apply for reimbursement b 2030 before had an incentive to stay on wel- from the Federal Government out of fare rather than go on to work, take a Mr. Speaker, from the testimony in that $50 million that we will allot with look at this program, the abstinence our committee, I was very, very dis- the reauthorization of this program. So it is not that we mandate on the public program, it is such a small amount of heartened. It was depressing to learn schools or other entities that this is money really relative to the whole that 3 million teenagers per year get a the only thing that they can do. We say scheme of things. Fifty million dollars. sexually transmitted disease, some of Mr. TERRY. Fifty million dollars. which they can never get rid of. It is this is the most effective message or at Mr. UPTON. But look at the impor- not just go to the doctor and get a least that is what I say is the most ef- tance. Look at that drop, that fall off shot; some are deadly, or stay with fective measure how to teach our chil- of the cliff of the birth rates for unmar- them for the rest of their lives. dren how to avoid sexually transmitted ried teens. Imagine if we went back to Mr. UPTON. Mr. Speaker, we learned diseases and unwanted pregnancy, but we are not mandating. We are saying this program, to reauthorize it, as the that some of those diseases are not pre- we will help you with the cost of this. governors have asked, and I think we vented with the use of a condom. I am proud in Nebraska we have sev- have a strong bipartisan majority, cer- Mr. TERRY. That is right. The Jour- eral successful abstinence programs in tainly both in our Committee on Edu- nal of the American Medical Associa- place today. cation and the Workforce and the Com- tion published the results of a study on the effectiveness of condoms, which are Mr. UPTON. Mr. Speaker, we have mittee on Energy and Commerce, the been able to talk to participants that the focus of most of the safe sex pro- committee we both serve on, but in have participated in the program grams out there. It is 1,251 women this Congress as well, and imagine if across the country. Whether it is Ne- whose partners consistently used we saw this program come to the brink braska or Michigan or South Carolina, condoms participated in the study. By of whether it gets reauthorized or not, just about every State, and California its end, 34 percent of them had either something that all of us want, and is the one that does not participate, contracted a sexually transmitted dis- somehow this program for abstinence but the other 49 States do. In almost ease or became pregnant. was not included, despite the numbers every single State we have How do we teach our children safe showing the very positive effects of testimonials from students that have sex, how to use contraceptives, how to having this program included. Imagine participated that have said thank you. use a condom, and look them straight if we just said no, we are not going to For those that did involve themselves do that and then watched those num- in the eye and say they are safe? with sex before, they are sorry. They bers then rise. Mr. UPTON. They are not. That is talk about it in a number of Now, the jury is still out. We will see what the answer was, they are not. testimonials that we have. It is impor- what the Congress does, this side as That is why this is the program that tant, and it is that type of peer pres- well as the other side of the Capitol, works best of all. sure that works that we build upon as but imagine if all of a sudden we do not Mr. TERRY. Mr. Speaker, I was frus- we see this program work in State do it and the numbers go back up. trated with the attempts for amend- after State after State. Think of the impact on those kids that ments in our committee by that small Mr. TERRY. Mr. Speaker, according the gentleman and I see every day and minority, and I am pleased that it has to our Nebraska Health and Human of those families in virtually every sin- been pointed out this is a bipartisan ef- Services, since the program was imple- gle community across the country. I do fort. The vast majority agree that the mented in 1996, we in Nebraska have not know that I could vote for a bill abstinence message is the correct one brought this program to 15,000 stu- without this program. for our teenagers. It is disheartening dents. It takes time to get a program Mr. TERRY. Not only on the sure that there is a small minority out like this up and running, the cur- ways that it affects teenagers’ lives, there. riculum set, the standard set so they but just think of the message that Con- Throwing away scientific studies, can move forward. 15,000 students is gress sends, the message we would send how do we look a teenager in the eye only in the last couple of years. But to the American public and the teenagers, and say this is the proper way to put exemplify the message that the gen- which is that we do not care whether on a condom, and send them a message tleman just gave, let me read a letter they abstain. Our only message is to of abstinence at the same time? To a from Girls and Boys Town. It used to teach them how to put a condom on 16-year-old, that is tacit to approval, be Boys Town, but they changed name right. That is a terrible message to when an adult says the best thing is to to Girls and Boys Town. send to our teenagers today that are abstain, but we know that you are not In this letter it says, ‘‘Risk reduction looking, as the gentleman said earlier, going to, so I am going to teach you to sexuality education has been funded for for the right message. have safe sex using condoms correctly. many years. We are asking only for an Now, in this chart, and the gen- Now the testimony that the gen- equal opportunity to promote risk tleman and I have just talked about tleman received in the Subcommittee elimination. Changing the definition of the importance of teaching a message on Health, and I truly believe to be abstinence to include birth control in- to our teenagers to abstain from sex to plain common sense, that is tacit to formation and promotion will make it prevent an unwanted pregnancy and, in approval. While safe sex education may nearly impossible to tell which ap- essence, putting themselves into a po- be a proper place for parents and even proach is the most effective in keeping sition of perhaps perpetual poverty, in some discussions in more formal set- our youth safe from disease and out-of- but it is also health reasons, as we dis- tings outside of the house, the fact of wedlock programs.’’ H1756 CONGRESSIONAL RECORD — HOUSE April 30, 2002 The counselors and the people that Mr. FORBES. Mr. Speaker, I thank you have with sex today, if you would have developed the program at Girls the gentleman for his efforts in this re- have abstinence, look at what would and Boys Town are national leaders in gard. happen. One thing that we know is not this, and that is what they say: It con- I have listened to this debate tonight every child would reach that goal, any fuses the message. They simply want and I hear when people are talking more than they would in government the opportunity, when we have had about abstinence and all of the statis- or mathematics or English when we set years of funding sex education and re- tics, but let me give one actual fact. In high standards. But we know the ones duction, let us go to prevention and one city that I represent, I had some of that reach that goal, here are the teach that message. One more quote, if the leadership in that city that came things that would not happen to them: the gentleman will allow me to close to me and they said this, which just That student would not develop a sexu- with this, and I thank the gentleman startled me. They said that 81 percent ally transmitted disease because of for having this conversation with me. of the live births in that city were to their abstinence; that student would This is from Lancaster County, that unwed mothers, mostly teenagers. If not get an unwanted pregnancy be- is Lincoln, Nebraska, and those in we just stop and think about that, 81 cause of their abstinence; that student Michigan know where Lincoln, Ne- percent, the economic and social con- would not keep from developing the ca- braska is, the home of the University sequences from that are enormous. The reer that they had always dreamed of of Nebraska. In the city of Norfolk, programs that they have been using, because of that decision regarding ab- they have probably the most estab- you can list all of them, but the one stinence; that student would not keep lished abstinence programs in Ne- that is not there is abstinence edu- from going to college because of their braska. cation. We say this is a child problem. decision to have abstinence. It cer- Mike Huckabee, one of the counselors This is not a child problem, this is an tainly would not cause them to suffer that helped develop this one in Lin- adult problem. from the guilt of making a bad decision coln, wrote to us, and forgive me for I was amazed in Virginia when I had that could negatively impact them for being a little wordy, but he has a para- legislation there that would have al- the rest of their lives. graph that I think nails it for us. ‘‘Is lowed us to have abstinence education 2045 abstinence effective? I firmly believe it as a part of their curriculum, and in b is. Can I provide you with the evi- doing the debate and going through all But I would say to our chairman, de- dence? The faces of those young people of the issues that were there, there was spite all of your good works and all of and parents tell me this is the message one real culminating statement that the discussions we have heard here to- they are seeking to hear. They tell me was made by the opposition, and this night and will continue to hear, I do they do not want the risk of STDs and was just to whether or not we should not think we are ever going to reach pregnancies, that sex is not worth that. allow abstinence education to be the goal of having abstinence edu- They tell me they can wait, they just taught. Somebody on the other side cation in this country until parents need someone to support them in that said we should not even teach absti- really are demanding of us as leaders decision. The evidence is around the nence education because it would con- and educators, when they stand up and corner, but for now I can only point fuse our children. If you do not think say our children deserve to have a pro- you to the families who continue to that our children are confused, all you gram that works, and abstinence tell us in droves to keep sending the have to do is spend 24 hours with them, works. message of abstinence until marriage, and they are pulled in every direction I just thank the gentleman for his ef- nothing else works. Abstinence imaginable, and they are looking to us forts on this. We will continue to work works.’’ to make sure that all of our children Let me go back to one sentence in not to confuse them more, but to set get an opportunity to hear this stand- my conclusion here. They just need standards. ard and can strive to reach it. someone to support them in that deci- We do that every day. In government Mr. UPTON. Mr. Speaker, I have a sion. Our teenagers, as the gentleman classes, we put them in at a high stand- question of the gentleman. I know he is pointed out, are looking for their par- ard because we want them to be the a great leader on this when he was in ents and the adults in society to sup- best they can be in government. In the legislature before he ran for Con- port them in their decision for absti- English courses, we set a high English gress. Have his numbers been like nence, and it is incumbent upon us in standard, and we say this is where you Michigan’s and other States across the this Congress to support our teenagers ought to reach and aspire to attain to. country? Has the gentleman seen a real when they decide to abstain from sex. In our mathematics courses, we also do Mr. UPTON. Mr. Speaker, I thank that. decline in pregnancy rates among teen the gentleman for his remarks tonight. The real question for us today is not moms? As we look at a host of issues over this whether abstinence works, it is wheth- Mr. FORBES. Ours is still at a point last year, a number of the votes that er or not we want it to work. The real where it is too early probably for us to we have cast on other things, we have question is not whether this standard statistically be able to answer that. We asked for science and the right equa- is too high, it is whether we want a believe that is what the numbers are tions be used as we cast these yes and standard at all. indicating. no votes. The science is here. We know I have a great example of a student But let me tell you an even more that this program works, and it would that I know back in one of the cities compelling fact: I spend a lot of time be wrong to deny this as a part of wel- that I represent. He is now the most going around to schools. I do not think fare reform as we look to have it reau- popular government teacher in that en- one can just read about what students thorized and continue to work and do tire city; and yet he was at a point in are thinking in a magazine or in a doc- what all of us want to have happen, and his career when he was in high school, ument or have some lobbyist tell you that is to move people that are cur- he did not know what he was going to and that be the fact. I think the way rently able-bodied and have the tools do. One day a principal walking down you find out is to go in the schools and to in fact lead productive lives and lead the hall looked at that student, called talk to the students. their families out of welfare and into a him by name. He turned around and There is not a school in my district productive sector of our economy. This said, you would be a good teacher, you that I am not in every year, once a is a program that works. ought to be a teacher. Then he turned year at least, talking to those stu- The science shows that it does, and around and kept walking down the dents. When you do, and you sit down we have to make sure that we not only hall. It changed his life because that and you look at them and you talk to continue it, but we build upon it, al- principal cared enough to set a stand- them, they are the ones that tell you lowing the governors to have the flexi- ard and say you can do this. He became this program works. They are looking bility to match with their dollars to the best government teacher in that for standards. save more lives. That is what it is all particular city. They are looking to us. We have been about. Mr. Speaker, imagine if that teacher there. They do put more credibility in Mr. Speaker, I yield to the gentleman would stop our students and say when us sometimes than we give them credit from Virginia (Mr. FORBES). it comes to all of the problems that for. When we tell them you can do well April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1757 in college if you just try, a lot of them We believe that this Congress and Chamber have, over the years, proposed do that. When we tell them that absti- this Nation in the last year-plus has that we would require a three-fifths nence works, it does work and they see moved away from fiscal responsibility, vote to consider legislation that would the proof in the pudding. But if we tell and, as a result, we are endangering raise taxes or some other sort of super- them nothing, then they have no our children’s future. So what we want majority. Many of the Members of Con- standards, no goals to reach. to do tonight, Mr. Speaker, is talk gress support this notion, and we think So I suggest it is working not just be- about the ABCs of securing our chil- that there ought to be also legislation cause of statistics I see on paper, but dren’s future. which would require a three-fifths vote looking into eyes of students I get to When Congress considered the budget to borrow money. talk to, and they tell me it is working. last year, Mr. Speaker, the Blue Dogs I would like at this time to call on Mr. UPTON. I appreciate the gentle- warned about the danger of making Members of the Blue Dogs, Mr. Speak- man’s leadership. In the days past, and, long-term commitments for tax cuts or er, that are in the Chamber. I would obviously, in the days ahead, we have new spending programs based on pro- like to yield first to the gentleman some big votes next week if we take jected surpluses. In less than a year’s from Illinois (Mr. PHELPS). this welfare reform bill up. This is an time, we have seen a dramatic reversal Mr. PHELPS. Mr. Speaker, I want to important component of that. I am de- of the once promising budgetary out- thank my friend and colleague, the lighted we passed it out of my com- look. We now face projections of defi- gentleman from Florida (Mr. BOYD) for mittee, the Committee on Energy and cits and increasing debt for the rest of yielding. Let me first express my sin- Commerce, on a strong vote of 35 to 17, the decade that go far beyond the tem- cere appreciation for his leadership. He and we have to make sure we carry the porary impact of the economic down- has been a consistent Member of Con- day when we take this issue to the turn or cost of the war on terrorism. gress, not only of our Blue Dog Coali- House floor for debate next week. Congress and the President need to tion, that has been steady at the helm Mr. WILSON of South Carolina. Mr. Speak- sit down, we need to roll up our in trying to bring attention to a prob- er, Heritage Community Services was formed sleeves, and we need to have an honest lem with deficit spending and the need as a coalition of community-based abstinence and open discussion about what we for balancing the budget and staying within our means. I appreciate coming educators from across South Carolina with need to do as a Nation, as a Congress, on after his leadership being here be- combined experience in the field totaling near- to put the budget back in order, start- fore I entered Congress and helping us ly 75 years. It was awarded a Title V absti- ing with the ABCs of fiscal discipline. steer this direction. So I thank all my nence education grant for implementing a The Blue Dogs have outlined four so- fellow Blue Dogs for giving me the op- state-wide program in 1998. Schools and com- lutions to avoid leaving our children portunity to speak about a very impor- munities have responded enthusiastically. and our grandchildren with the con- sequences of today’s irresponsible tant issue. The Heritage programs are community-wide, This is not our first and only time of budgeting decisions. The members of serving more than 29,000 adolescents. The trying to make this issue more para- the Blue Dogs who are here tonight to program’s founder and CEO, Mrs. Anne mount and put emphasis on what real- address this House are going to talk Badgley, has been invited to address a num- ly needs to be done as we get through about those four solutions. I want to ber of Title V training programs across the this session in terms of the money that outline them very briefly. country, as well as brief Pentagon undersecre- is available and what we have hanging Number one is assuring honesty and taries of defense, the Army and Navy, and has over our heads as debt in this country accountability. We believe that the testified before Congress. and the priority of our spending needs Budget Act of 1990, which expires later f and how we should look at balancing this year, should be reinstituted by GENERAL LEAVE the budget. this Congress. Unless we renew our So tonight I just want to focus my Mr. UPTON. Mr. Speaker, I ask unan- budget discipline, Congress will con- time on discussing the Blue Dog plan imous consent that all Members may tinue to find ways to break its own for putting the budget back in order, have 5 legislative days within which to rules and pass more legislation that starting with fiscal discipline. The revise and extend their remarks on the puts more red ink on the national ledg- Blue Dogs have consistently focused on subject of my special order just given. er. fiscal discipline, having advocated hon- The SPEAKER pro tempore. Is there The Budget Enforcement Act, of esty and responsibility in the budg- objection to the request of the gen- course, has two major provisions. One, eting process. tleman from Michigan? it sets in place discretionary spending When Congress considered the budget There was no objection. limits for 5 years; secondly, it extends last year, the Blue Dogs warned then f and expands pay-go rules. The pay-go about the danger of making long-term rule is simply legislation that says THE ABCs OF SECURING THE commitments for tax cuts or new that mandatory spending or revenues FUTURE OF OUR CHILDREN spending programs based on projected that increase the deficit must be offset. surpluses. The projected surpluses were The SPEAKER pro tempore. Under Secondly, the ‘‘B’’ of the ABCs is bal- based on the very best of the situation the Speaker’s announced policy of Jan- ancing the budget without raiding So- that we were realizing through the uary 3, 2001, the gentleman from Flor- cial Security. We believe that this Con- high peaks of the economy in the last ida (Mr. BOYD) is recognized for 60 min- gress should pass a balanced budget several years. That is not good, sound utes as the designee of the minority amendment to the Constitution which fiscal policy, to base anything on the leader. makes it a violation of the Constitu- very best. I believe we should look at Mr. BOYD. Mr. Speaker, I appreciate tion to deficit spend, unless there is an the more reasonable moderate projec- the opportunity to address the House extraordinary vote of the Congress or tions. and Nation tonight for a few minutes. an extraordinary reason to do so. We did not. So, in less than a year’s The Blue Dog Coalition is going to use Thirdly, we believe that the third time, we have seen a dramatic reversal this hour to talk a little bit about point that we would advance is what of the once promising budgetary out- ABCs. we call climbing out of the deficit look. We now face projections of defi- Mr. Speaker, some may wonder, well, ditch. That is, there should be a plan to cits and increasing debt for the rest of that is unusual for the Blue Dogs to be restore balance to our Federal books, the decade that go far beyond the tem- talking about the ABCs, but let me tell and that, of course, is going to be an porary impact of the economic down- you a little bit about the Blue Dogs. issue that we get to talk about a lot in turn or cost of the war on terrorism. We are a group of 33 Members of Con- the near future because of the need to Congress and the President need to gress, men and women, from all around raise the Federal debt ceiling. sit down, roll up our sleeves and have the Nation that spends a great deal of Fourthly, the fourth part of our an honest discussion about what we our focus and efforts and time and re- ABCs is Defending Our Children From need to put the budget back in order, sources here in Congress asking the Paying Our Bills Act. This would re- starting with the ABCs of the fiscal sit- Congress to act responsibly in its fiscal quire a supermajority to borrow money uation we bring to your attention to- and budgeting matters. by the U.S. Congress. Many in this night. H1758 CONGRESSIONAL RECORD — HOUSE April 30, 2002 The Blue Dogs have outlined four so- out using the Social Security surplus. hear. Later, later, and the next thing lutions, as the gentleman from Florida Now, that takes courageous leaders. we know, we are in our grandchildren’s (Mr. BOYD) opened up our session to- Every one of us claimed that we would generation. night to say, to avoid leaving our chil- be and that we were in order to be Blue Dogs believe that Congress has dren and our grandchildren with the elected. Now we are here. Let us a responsibility to cover obligations consequences of today’s irresponsible produce it. Let us not lend rhetoric; let through the end of the fiscal year, Sep- budgeting solutions. us prove that we are those leaders that tember 30, 2002, but that raising the The reason we keep drilling that can make the tough decisions. debt limit by $750 billion as requested point home about our children and our The amendment, to my way of think- by the President is risky business, grandchildren is because we try to ing, could be waived in times of war or folks. First, the President and Con- focus on what all of us hold sacred and disaster, military conflict, or other gress must create a plan to put our fis- dear, and that very much is an emo- threats to our national security. That cal house back in order, just as a fam- tional tie back home to the real world. does not mean that the present war on ily facing financial problems must Sometimes the disconnect out here terrorism that we are in dictates the work with a bank to establish a finan- makes I think a lot of times people feel need for us to get into the Social Secu- cial plan in order to get approval to re- like we are not real people with real rity and Medicare trust funds; it does finance their debt, all their debts. That families, with real needs, and that we not. Without the tax cuts that were is all we are asking. It makes sense. are somehow someone different. imposed and the surpluses that were Defending our children from paying We are just like any of you out there, eroded and squandered because of that our bills. A supermajority, a three- and that is why we are trying to say we and other reasons, because of things fifths vote, would be required to borrow should treat this budget, which you that we did not look at last year or an- money. That is what I feel would be have sent us here to lead the country ticipate or ignored, whichever word we one of the four points of our plan that with, as we would treat our own, that want to use to serve our purposes bet- should be followed. All too often, we as affects our own household, our children ter, that is why we are where we are Congress people and the President have and our grandchildren. now. But we are talking about a mili- been unwilling to make the tough So, we have outlined four solutions tary conflict or national security being choices to balance our priorities and to avoid this particular problem. We compromised that is beyond our con- have chosen to leave future genera- want to assure honesty and account- trol, not because of what we added to tions, as I said and emphasized, to pay ability, and budget enforcement. Un- the mistakes to get us to where we are the bill for policies which benefit the less we renew our budget discipline, now. current generation by increasing the Congress will continue to find ways to So I believe that a constitutional borrowing. Making it harder for Con- break its own rules and pass more leg- amendment is very much needed, and I gress to borrow money, just as we islation that puts still more red ink on am prepared to support it. should make it harder to increase the national ledger. Enforceable budget This would also include excluding the taxes, by requiring a supermajority, restraints will shine a light on decep- Social Security trust funds. Balancing will protect the rights of future genera- tive practices and construct a fiscal the budget is meaningless if we borrow tions who are not represented in our guardrail, keeping our spending within from our children and our grand- political system, but will bear the bur- the Nation’s fiscal means. children, as we said, to do it. This bill den of our decisions today. We are a unique body here. We can improves on other balanced budget Finally, just let me leave my col- break the rules. We do, too often. And, amendments by excluding the Social leagues with a personal situation. guess what? We do not get caught at it Security trust funds from receipts. It is Being from Illinois, having served 14 often enough. That is what is hap- more of a crutch to lean on if we still years in the Illinois House, I have a lit- pening here right now as this session depend on the Social Security trust tle bit of knowledge of what goes on unfolds. We are not dealing with the funds to say we are going to have a there with the budgetary policies in Il- real numbers. The American people are constitutional amendment, not to get linois. Illinois, like probably all of the not being told the true story, and yet into the Social Security trust funds. So State legislatures across our land, they are being led to believe we can do excluding those trust funds from the shared the same maybe artificial en- all the good things that we asked and receipts would, I think, serve the pur- thusiasm, maybe overexaggerated the requested and promised we would do in pose to keep us fiscally restrained and good times of our economic peaks as our campaigns to get here to do what on the right path. we have had in the last few years and once we get here? To continue the de- It also provides that when the trust said everything is hunky-dory, no prob- ception? Or to lay it out in real terms, funds begin to run a deficit, then So- lems. What that meant is, Members, as we should, in honest measures. So cial Security would be placed back on bring your projects, bring everything budget enforcement is a real item. budget, requiring that the government to the forefront here and smooth sail- account for deficits elsewhere in the ing, because we are rolling high. b 2100 budget. See, that is what we do not em- Well, in Illinois, just as here in Con- Balancing the budget without raiding brace too often. We divert the atten- gress, a year ago, or even before that, Social Security. There is not one poli- tion away from those other things that Illinois was in good shape, fiscally in tician, not one campaigner, who said sort of creep up in the budget, but we good shape. But because of misguided anything about getting into the Social do not want seemingly the American management from the top in Illinois, Security trust funds or the surpluses. people to discover what those are, so and too many that took advantage of In fact, we said we have them locked we divert it to the other priorities and an artificial, overpromoted situation, away, right? Well, someone found the things that we know that are popular. guess what now? We have prisons in my key. And when we open that door, At least some want to do that. district, and we have unemployment there is an IOU there adding on to the Climbing out of the deficit ditch. rates exceeding 12 to 15 percent down other IOUs that we put on the Amer- Debt limit with a plan. Now, I have State, southern-most Illinois. We are ican people for the past several dec- heard people on this floor of the oppo- good neighbors in saying, we will take ades. So this is adding on to the deficit site party say, show us your plan. Well, in the prisons in our communities that we already have in the Social Se- the plans that we have had cannot even where other parts of the State said, no, curity and Medicare trust funds. get out of the Committee on Rules for we do not want those kind of jobs here So we want to balance the budget a debate on the floor or to be voted on. in our community. But we were hurt- without raiding Social Security. Well, Do we know why? Because they are ing enough with the coal mine shutting how do we do that? Well, we need a afraid it would pass. It makes too down and a lot of other depressed, de- constitutional amendment. We must much sense. It would put too much prived situations in our economy, we vote on a balanced budget amendment marginal people running in an election said, we will be a good neighbor. to the Constitution that requires the year on a compromising path. That is So I have one of every kind of penal President to submit, and Congress to too uncomfortable. Let us deal with institution the State has to offer in my enact, a budget that is in balance with- that later. That is the common cry we district, even in my old State district, April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1759 and we are proud to promote those eco- few weeks, and we have been talking the year 2007. So we are not talking nomic jobs, economic builders. But about issues of fiscal responsibility; about something radical that has to be now, now the Governor of Illinois and and in particular, we have focused on done instantaneously as of October 1 of leaders of the State are saying, we what we see as a growing concern this year; we are allowing some time to have to close some of these prisons be- about increasing the debt that we incur get on the path to a balanced budget. cause we are broke. Somebody was in this country. But we are not going to offer too much asleep at the switch, and our own Now, we have just been talking about time, because if we do not show some comptroller of the State over a year this four-point plan; and I want to talk discipline around here, we are just ago said, you better have a rainy-day about one of those points, which is the going to keep running up more debt. fund, just like you do in your house- notion that we need to climb out of We also in this legislation, in offer- hold when that roof might leak. In- this deficit ditch that we have gotten ing to raise the debt limit by $150 bil- stead of just continuing to mop it up ourselves into in this country. lion, we require that the President con- and treating the effect; you have to get The Secretary of the Treasury has duct an annual threat vulnerability as- the source of the problem where the come to Congress three different times sessment, so that we can develop a co- hole in the roof is. That is what we now and said, we are really up against herent homeland security strategy. have ignored in Illinois, even though our debt limit; we need Congress to How life has changed since September there are a lot of good leaders who raise our debt limit, and we need Con- 11. These were not issues that we were sounded the alarm, both in the legisla- gress to raise it by $750 billion. Now, facing as a country, and these are crit- ture and constitutional officers, but that is a lot of money. We talk about ical issues; and Blue Dogs support the not enough of the authority at the top. numbers and throw out figures in Con- efforts of this country to address ter- So now we even have threatened gress a lot, but $750 billion is a lot of rorist threats and provide homeland se- Medicaid patients that will not get money. What is unfortunate is that curity. their due service, many that are the that request comes in with no plan, no b 2115 most vulnerable of our society, senior suggestion of how we are going to get citizens. This is terrible. It could have out of this pattern of deficit spending. We are adamant that it is important. been avoided. That is why we are I just do not think it is appropriate, We support those efforts, and it is stressing this four-point plan. Let us and the Blue Dogs do not think it is ap- going to take resources to conduct do what is responsible. Let us get to propriate for us to just give a blank those efforts. We understand that. the source; and the source is recog- check to both Congress and the admin- But we need to address that new nizing that there should be honesty in istration to run up another three-quar- challenge in a rational way, and that budgeting, recognizing the true source ters of a trillion dollars in debt. means it is important that we have a of funds that we have that the Congres- We have been talking about this defined homeland security strategy so sional Budget Office is reporting, in- issue for the last few weeks. Some peo- that we as Congress can behave respon- stead of turning our heads the other ple say, why do you keep talking about sibly and fund in an appropriate way way, hoping that the economy is going it? Because this issue has not gone what it is going to take to provide rea- to get better and maybe make us right away and, no matter what we do in the sonable homeland defense. at some point down the road. That may short term, this issue is still not going I think that this is a reasonable pro- be too late. Let us embrace what re- away. It is not going to go away until posal. I think the Blue Dogs as a group ality obviously is serving us now. we figure out a way to behave in a re- feel real strongly about doing this. We Mr. BOYD. Mr. Speaker, I want to sponsible way. may not be right on everything. We are thank the gentleman from Illinois. It is What the Blue Dogs are suggesting is open to suggestion. I call on other obvious to me, as he described his expe- this, for the short term. We recognize Members of Congress from both sides of rience in the State legislature, that his that this country faces some short- the aisle, please discuss this plan we State, like mine, is prohibited from term deficit pressures. We understand are promoting tonight. We are very borrowing money and must balance its we have a war on terrorism and home- open to suggestion. That is one of the budget. I believe that is the way that land security concerns that are taking hallmarks of the Blue Dogs is that we the Federal Government should do; and more resources than we thought would are happy to talk with anybody and certainly one of the shortcomings in be needed when we passed a budget a put the numbers out on the table and the way our Constitution is drafted is year ago. We recognize the economy is have a frank discussion. It is too im- that we are allowed to borrow money in a recession. We do not want to force portant for this country not to do this. in ordinary circumstances and, actu- the government to have to take ex- So we are going to keep coming back ally, we did run deficits from the late traordinary actions because it is bump- here and we are going to keep talking 1960s until about the year 2000, pri- ing up against the debt limit. So as a about this issue until Congress behaves marily in peace times. So we had a short-term proposal, our suggestion is in a responsible way. We are not going wonderful opportunity here in the that we do increase the debt limit by to just go off and agree to raise the 1990s, or here in the year 2000, 2001, now $150 billion, not $750 billion, but by $150 debt limit by $750 billion with no plan, that we have worked so hard to get billion, which is still a lot of money; no sense of how we are going to get out back into balance to do some really but that is the circumstance we are in of this, and dump it on the next gen- good things and pay down the Federal right now. We think that will take us eration. That is just not what we debt. We seem to have passed, or through the obligations of our current should be doing here. Our constituents missed, that opportunity. fiscal year, September 30 of this year. did not elect us to avoid the tough de- Mr. Speaker, I yield now to the gen- Now, as part of this plan, what we are cisions; they elected us to take on the tleman from Utah (Mr. MATHESON), a suggesting is that we offer this in- tough issues. That is what the Blue member of our Blue Dog team who is crease in the debt limit of $150 billion, Dogs are trying to do tonight. We are actually a rising star in this Congress, but that it comes with a couple of trying to start this dialogue with this I believe; and he is an excellent blue other provisions. First is that we are four-point plan. puppy. going to prohibit any increase in debt I encourage all of our colleagues to Mr. MATHESON. Mr. Speaker, I limit beyond September 30 without a take a look at it, and let us let the dia- thank the gentleman for his leadership. defined plan to balance the budget. It logue begin. As one of the cochairs of the Blue Dog requires the President to submit to Mr. BOYD. Mr. Speaker, I want to group, I just appreciate all he does. I Congress, and for us to enact, a plan to thank the gentleman from Utah. He am real proud to be a part of the Blue balance the budget without using the makes a good point. I think any pru- Dog Coalition, a group of 33 fiscally- Social Security surplus. dent family or business or local govern- conservative Democrats who like to Now, we do not have to pass exactly ment in Utah or in Florida that sud- talk about being fiscally responsible. what the President submits; but he has denly found themselves in a situation We have been coming out here many to submit something, and we have to where their spending obligations were times, Tuesday night. Every week we pass something that is going to show greater than the revenue they were have been coming out here for the last that we get our budget in balance by taking in would sit down with their H1760 CONGRESSIONAL RECORD — HOUSE April 30, 2002 family or business partners and maybe We provide a constitutional amend- especially on the health care issues, as their banker and develop a plan in a ment that would allow this country to a member of the Blue Dogs, and has hurry to figure out how to get out of have a balanced budget without using worked diligently on the Patients’ Bill that situation, to get back into black the Social Security trust fund money of Rights, a prescription drug plan, and and out of red ink. to do it. It is not a balanced budget if others, in addition to the fiscal and So I want to commend the gentleman we have to borrow the money from the budget issues. So I thank the gen- from Utah for his very thoughtful pres- Social Security trust fund to pay the tleman from Arkansas (Mr. BERRY) for entation and his involvement in this bills. It is not a balanced budget if we being here tonight. process of helping us develop this four- just imagine that it is going to be bal- Next, Mr. Speaker, I yield to the gen- point plan. anced some day, like we have done in tleman from Arkansas (Mr. ROSS), his Mr. Speaker, I yield to the gentleman the past year. We cannot continue to delegation mate, the blue puppy. from Arkansas (Mr. BERRY). do that. Mr. ROSS. Mr. Speaker, I thank my Mr. BERRY. Mr. Speaker, I want to The Social Security taxes that are good friend, the gentleman from Flor- thank the gentleman from Florida for paid in by the senior citizens, that ida, for yielding to me, one of the co- yielding to me and for his outstanding have been paid in by the senior citi- chairs of the Democratic Blue Dog Coa- leadership, not only for the Blue Dog zens, and that are paid in today by the lition. Coalition, but for this Congress and working men and women of this coun- We have heard a lot of talk tonight what I think are the next generations. try are supposed to be used and set about the Democratic Blue Dog Coali- Mr. Speaker, this is not rocket aside in a trust fund to pay the Social tion. We are a group of 33 fiscally con- science. Anybody that can add and sub- Security benefits when those people servative Democrats that believe we tract can figure this out. We know come of age. ought to get our government, its budg- what we need to do. A year ago at this But right now, it amounts to only an- et, and our debt under control. We are a group that is sick and tired time, the Blue Dog Coalition met with other income tax that is paid by the of all the partisan bickering that goes the director of the Office of Manage- working men and women of this coun- on at our Nation’s Capitol. It should ment and Budget, Mr. Daniels. He try, because we are spending every not be about what makes the Demo- made a presentation to us at that time. dime of it. We are not making any pro- crats look good or bad or the Repub- He said this, and I will never forget visions to preserve the trust fund. We licans look good or bad; it ought to be it. He said, our greatest fear is that we are not making any provisions to see about doing right by the people who are going to have so much money we that these obligations that we have sent us to the Nation’s Capitol to be are going to pay off all of the debt, and when these people come of age to draw no one will have a safe place to invest their voice in government. that money, that they are going to be About this time last year, there was their money because there will not be a able to receive it. It is irresponsible, a lot of debate going on in this very U.S. Treasury bond. and we should not continue to let this Chamber about a surplus, a surplus When we hear that said now, it seems happen. that was projected to exceed $5 trillion absolutely and utterly ridiculous. To It is amazing to me that we can have over the next 10 years. Back last year the Blue Dogs at that time, it seemed a budget this year that does not pro- when we stood here on the floor of the a bit risky and foolish to even think vide for medicine for our senior citi- United States House of Representatives that way, but the fact is, we have zens in this country. We are going to and talked about this projected $5 tril- squandered the surplus. We have squan- spend money on a lot of things in this lion surplus, the Blue Dogs tried to dered a great opportunity in this coun- budget. We are going to appropriate bring some fiscal responsibility to this try. One thing that we know we must money for a lot of things. Some of Chamber and to the floor of the United get under control is the spending. We them are absolutely critical, but very States House of Representatives. know that we cannot continue to bor- few are more important than the good As that debate was going on, I voted row and spend and pass the debt on to health of our senior citizens. against the Democratic budget last our children and grandchildren. It is amazing to me that we should year. I voted against the Republican The Blue Dogs have a four-point allow one more year to pass in this budget. I am trying to be bipartisan plan. We have worked diligently to Congress and not have a prescription here. The Blue Dogs developed their come up with an honest assessment drug benefit for our seniors because we own budget, and back in the days when and an honest plan for what we need to have squandered the opportunity. The we thought we had a surplus, when we do in this country to protect our chil- Blue Dogs have a plan to get out of the were told that we had a surplus of $5 dren and grandchildren. deficit ditch. We have a plan to prevent trillion over the next 10 years, here is We come to this floor almost on a our children from having to pay the what the Blue Dogs had to say about it weekly basis, and have a great debate debts that we run up. 1 year ago. about protecting the unborn. I person- I think it is time for the Congress We said that we ought to take that ally believe that we should, and I al- and the administration to sit down, be surplus and take 50 percent of it and ways vote to protect the unborn. And honest, look at the real numbers, look pay down our Nation’s debt, that we yet, we will come here and vote for a at what we know we have to do, and should take 25 percent of it and provide policy that will allow us to pass mas- not continue to pass the burden on to a tax cut for working families and sive debt on to the unborn. We vote for our children and grandchildren. those who need it the most, and take a policy that allows our fighting men One of the things I am proudest of in the remaining 25 percent and do things and women to go overseas and serve the time that I have served and rep- like truly modernize Medicare to in- this country with great distinction, resented the First Congressional Dis- clude medicine for our seniors, and then we ask them, now, after the trict in the United States Congress is strengthen our national defense, some- war is over, after their fighting is done, being a member of the Blue Dog Coali- thing we were talking about way before come back to this country and go to tion. I think it is one of the most hon- September 11 ever happened. work, because we borrowed the money est, determined groups that exist in Of course, the Blue Dog budget failed. from them to pay for it. this Congress. I think that their integ- It did not pass. We passed a budget, or That is not right. It is immoral for us rity is held together because they be- this Chamber passed a budget, without to continue to do that. Our plan would lieve this is the right thing to do. my vote, and now we have another provide for the Budget Enforcement I want to say once again how proud I budget before us this year which I Act of 1990 to be enhanced and reau- am of their plan, and that I think that voted against, a budget where in less thorized. It would provide that if we the Congress should take a serious look than a year we went from talking are going to spend additional money or at this plan and pass these bills that about a $5 trillion surplus over the we are going to reduce the amount of we are proposing, and do something next 10 years to a budget for fiscal year money coming in to the government, real for the future of our children. 2003 that some say will cause us to def- that we would reduce spending in a Mr. BOYD. Mr. Speaker, I want to icit spend $80 billion, on the conserv- way to go along with that so we main- thank the gentleman from Arkansas ative side, and some say we will deficit tain a balanced budget. for his leadership. He has been a leader, spend to the tune of $120 billion. April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1761 Throughout the debate last year, we can you pay a month? How many years in and redo budgets at times. We had to were told we had a surplus but it will will you take to pay it back? And yet go back and cut education and cut not materialize. Rather, for the first our Government has raided Social Se- Medicaid, but at least we were not time since 1997, this year’s budget, fis- curity trust funds to the tune of over $1 mortgaging the future of our children, cal year 2003, will put us back in the trillion with no provision on how that and then we had to come back and fig- days of deficit spending for the first gets paid back. And guess what? If we ure out how we pay for those particular time since 1997. But when they were figure out how it does get paid back, programs. talking about that supposed surplus Social Security as we know it today is Mr. Speaker, it is just not right for last year, we did not hear a lot of talk still broke in 2041. us to, as American citizens today, to about the debt, a 5.9 trillion national So our response to all this is simple. demand that we have these programs debt. On Thursday, April 25, the Democratic that are very costly and not be willing Some people think we spend too Blue Dog coalition, 33 fiscally conserv- to step forward and pay for those and much money in this country on food ative Democrats, outlined four prin- say to our children and grandchildren, stamps. That is a couple of billion dol- ciples to prevent our children and we are going to have this program lars a month. Some people in this grandchildren from being stuck with today for us, but we want you to pay country think we spend too much on the burdens that our country is accu- the bill later down the road. foreign aid. That is $1 billion a month. mulating today because of our genera- Mr. Speaker, we spend $1 billion tion’s budget decisions. We call these Now I think our business community every single day in America simply four principals the ABCs of fiscal dis- is beginning to take a good, long, hard paying interest, not principal but in- cipline. A, assure honesty and account- look also at what this extended deficit terest, on the national debt. How much ability; B, balancing the budget with- spending that we are looking at over is $1 billion? I put that number in my out raiding Social Security; C, climb- the next decade is going to mean. Obvi- calculator and I get that little ‘‘e’’ at ing out of the deficit ditch; and D, de- ously, we know that we came through the end. fending children from paying our bills. the decade of the 1970s and the 1980s What does it mean to us in our every- The ABCs of fiscal discipline say we with some huge deficits over the years. day lives? I will tell the Members what need enforceable budget constraints And who can ever forget in the 1970s it means. One billion dollars can build that will expose deceptive budget prac- where we had interest rates that went 200 brand new elementary schools tices and provide our guardrail to keep into the high teens and in some cases every single day in America. The $1 bil- our spending within the government’s the low 20 percent interest rate? It lion we are paying every day in inter- means. It says we need a balanced made it very difficult. I was in business est on the national debt can complete budget amendment to the Constitution then, and I remember how difficult it important infrastructure projects. that requires us to balance that budget was to continue to run my small busi- In my congressional district, in the every single year, an amendment that ness as I was leveraged pretty heavily. southern half of Arkansas, I have three could only be waived in extraordinary And so you had to take 20 cents out of interstates pending right now. There is times such as a war or military con- the first dollar that you made and pay Interstate 49. Give me a day and a half flict, and that takes Social Security on the interest on your debt. I said of the interest that we are now paying completely off the table. It will stop that the business community is begin- on the national debt and I can com- the politicians in Washington from ning to take a look at it. plete Interstate 49. Give me about a raiding the Social Security and Medi- I want to, Mr. Speaker, read from to- week of it and I can complete Inter- care trust fund. day’s Wall Street Journal on the front state 69. Give me a few hours of it and I served for 10 years in the Arkansas page and the article is entitled ‘‘U.S. I can complete Interstate 530. These State Senate. Our Constitution re- Debt Is Set to Rise Not Fall for Second are projects that are vital to provide quired us to have a balanced budget, Quarter.’’ It is a very short article. I economic opportunities for people from and for my 10 years there I took my ex- want to read it. It says the Treasury all walks of life. perience as a small business owner to Department said it expected to borrow our State capital, and for 10 years I a net $1 billion during the April-to- b 2130 helped balance that State budget. If we June quarter. That is three months. That is what this debt means to us in can do it at the State level, if we can The Treasury Department said it ex- our every-day lives, and the drain it is do it at the small town family phar- pected to borrow $1 billion, not repay a having on being able to do things like macy that my wife and I own in Pres- net $89 billion as it said it would do truly modernize Medicare to include cott, Arkansas, then, yes, the United earlier this year in January. medicine for our seniors. Medicare is States government can do it as well. So in January the Treasury Depart- the only health insurance plan I know It says that if we have to raise the ment was predicting that it would of that does not include medicine, yet limits on our national debt that we do repay $89 billion of the Federal debt it is the plan that nearly every single so with a plan that will put our fiscal that we owed as a Government, but senior citizen relies on day in and day house back in order, just like a family today they are saying no, we are not out to stay healthy and to get well. facing financial hardships works to get going to repay $89 billion. We will not My grandparents left this country approval to refinance their debts. And, repay anything. We will have to borrow just a little bit better off than they finally, it says that Congress must an additional $1 billion during that found it for my parents. And my par- have a super majority, a three-fifths quarter period. ents have left this country just a little majority vote to approve additional bit better off than they found it for my government borrowing. The announcement, the department’s generation. But I wonder, is this Con- We believe following the ABCs of fis- first official acknowledgment of its dis- gress, is this Government, is our gen- cal discipline is the right thing to do mal tax collections during the impor- eration going to leave this country just for this Congress, for our Nation, and tant April filing season, increases the a little bit better off than we found it for the future of our children and likelihood that the Federal budget will for the next generation, our children grandchildren. linger in deficit for longer than the two and our grandchildren? Mr. BOYD. Mr. Speaker, I want to years cited in congressional estimates. Social Security is another issue that thank the gentleman from Arkansas The government’s troubled finances involves the debt. We have borrowed, (Mr. ROSS) for his thoughtful remarks. could even damp prospects for recovery our Government has borrowed $1 tril- He has, I think, outlined it very well. by flooding debt markets and driving lion from the Social Security trust I, too, as I said earlier, come from a up interest rates. fund with no provision on how it ever State legislature in which it was I am sure that does concern the busi- gets paid back. When you and I go to against the rules of Constitution to ness community. ‘‘It is really a re- the bank to borrow money for a car or spend money you did not have, that is, markably negative commentary on the a home, what do the bankers ask you? to borrow money. And it meant, Mr. government’s financial fortunes,’’ said They want to know how are you going Speaker, that we had to make some John Youngdahl, an economist for to pay that money back. How much tough decisions at times. We had to go Goldman Sachs. At a time when the H1762 CONGRESSIONAL RECORD — HOUSE April 30, 2002 economy might be picking up momen- Fox News station for being too patri- in the history of the world, no country tum, increasing private sector bor- otic, for being too patriotic. This celeb- in the history of the world that has rowing, the government’s increased de- rity has come out and said that the given away more in charity to the rest mand for debt runs the risk of creating station had too much red, white and of the world, that has educated more more friction and consequently spur- blue on their station, on their news people for the world, that offers better ring somewhat higher rates than other- network at September 11. health care than anywhere else in the wise would be the case, Mr. YOUNGdahl Can you envision that? Did you ever world, that has provided more tractors said. That is one thing to be concerned think that anyone in this country, that and more agricultural resources so about. our forefathers would ever think that a that people can grow food and be more I think it is something that we are celebrity who is the beneficiary of all efficient on the growth of food than all concerned about, not only the busi- the fruits that this country has pro- any other country in the world. There ness community. But what you have is vided to him, would have the audacity is no other country in the world that for the home owner who has got a to say that our country is too patri- has offered more freedoms than the home mortgage, if he has got a $100,000 otic? United States of America. None, zero, mortgage on his home and his interest I want to compare these short-sight- zip. No other country in the history of rate goes up 200 points, that is $2,000 a ed remarks, those selfish remarks, to the world that has offered the freedoms year. Car loans, business loans, per- what I experienced this weekend out in that the United States of America has. sonal loans, I think this thing could be Colorado, and all of you have, I am b 2145 very, very serious, and we only hope sure, experienced the same things when that it will turn around quickly. you get out with the people that you There is no other country in the his- We know how to turn it around. We represent. tory of the world that has stood up and have got to plan and we are willing and I was in Pueblo, Colorado. I started put its young men and women, paying ready to sit down with the administra- out the day by going to a group of a the ultimate sacrifice, at risk in other tion leaders, the leaders of President number of probably about 200 young continents, to save those continents as Bush’s administration and the leader of people, I would guess anywhere from 13 we did in World War I, as we did in the Congress, lay out a plan, get us years old to 19 years old. These kids, World War II, as we did to try in an at- back into balance. It can be done. We they were trying to tell them to stay tempt, a failed attempt, an attempt to did it in 1997 and certainly we can do it off of drugs. It was amazing. Drugs, al- stop communism from moving on to again. cohol, and drive with your seatbelts on. Vietnam, as we did in other places, as Mr. Speaker, I want to thank the It was a great assembly that was put we are doing today. gentleman from Arkansas (Mr. ROSS) together. But I was surprised and, The United States of America is a and the others who came to speak here frankly, I was very encouraged and felt great country. It is a strong country; tonight. very positive by talking to these kids, but it is a strong country that demands upon every generation, including our f how many of these young people want- ed as a career to go in and serve our generation, and probably especially on WATER SHORTAGE IN COLORADO country in the military, how strongly those of us who were elected to serve The SPEAKER pro tempore. Under these kids felt about the United States the people, to represent the people, to the Speaker’s announced policy of Jan- of America. And from this assembly I pass on to the next generation that uary 3, 2001, the gentleman from Colo- went on to a couple of town meetings. sense of patriotism, that sense of obli- rado (Mr. MCINNIS) is recognized for 60 Do you think in any of these town gation, to make sure that the great- minutes. meetings I heard from constituents any ness of this country continues to the Mr. MCINNIS. Mr. Speaker, this indication at all that we should be less generation that follows them, that re- evening I want to talk about a number patriotic or our news networks are too sponsibility to be good Americans, to of different subjects, but primarily the patriotic? In fact, what you generally care about your family, to care about subject is going to center around nat- hear is just the opposite. How come the defense of your country. ural resources and water, especially they never tell the side of the greatest Bill Bennett wrote a book and says water as it pertains to the West. country in the history of the world? why do we fight. My colleagues will As many of you know, my district is How come they always make us look want to read that book. In fact, I think the third Congressional district in the like the bad guys? That is the kind of if I knew this celebrity would get the State of Colorado. The State of Colo- things you might hear. book I would buy a copy and send it to rado is the highest place, when you Then that afternoon I have to go and him. I was a little saddened by one of take the average elevation, it is the I listen and I have an opportunity to the people in our country, one of the highest place on the North American participate in awarding the Korean people, this celebrity, the fruits he en- continent. And as a result of that ele- medal for a former veteran. This vet- joys today would have been available vation and the mountainous terrain eran had received five bronze stars and to him probably anywhere else in the and the arid region that Colorado is this veteran had his entire family, 70, world, but in the country which gave it kind of the apex of, there are a lot of maybe 80 people at their function to him, he decides that maybe one of different issues that deal with the West where we have presented the medal. the news networks is too patriotic. that you do not find in the East. And I tell you something, you talk Very short-sighted comment and a But before I do this, I want to talk a about pride in this country and you comment that I hope that individual at little about this weekend. I read to- talk about feeling good about the fu- some point, at least in his own mind, night, maybe you will read it here in ture of this country, the gentleman to retracts and begins to appreciate the the next couple of days in the paper, whom I presented the medal served in sacrifice that a lot of people, genera- but I read where a celebrity here in the the Korean War. He was in his 70s, tion after generation after generation United States, a celebrity who has been maybe in his early 80s, so he had three in this country’s history, the sacrifice the beneficiary of the great things that generations, he had great-grand- that they have given so that people this country offers, a celebrity who, to children there. And the red, white and like him and other Americans can the best of my knowledge, has never blue around that yard, I wish I could enjoy the fruits of our country. had to pick up a weapon to defend their have grabbed that celebrity and What is most exciting to me is all of country, a celebrity who has made the brought him to this yard, back yard in the things that go right. My colleagues comments that are about to be estab- Pueblo, Colorado, and shown him what do not hear some of these celebrities lished from his yacht, his 130-foot or people in America feel about patriot- talking about what is going right in 150-foot yacht. ism. this country. It seems to many a lot of And as I understand these comments, The United States of America has time what comes out of Hollywood is and, again, this is being credited to nothing to apologize about. What this criticism of the President. We hear the him or it is in this interview, as I un- celebrity ought to be doing is talking movie actors that say, well, we are derstand these comments from this ce- about what America has done for the going to leave the country if George W. lebrity, this celebrity is criticizing the rest of the world. There is no country Bush becomes our President, and by April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1763 the way, none of them did leave the nine-tenths of the law comes from. So needs to match 160 acres in the fertile country. They changed their mind be- for our country to grow, we needed one grounds of eastern Colorado or Ne- cause they realized what they had here, incentive to get people to move off the braska or some of these other States. and some of these people ought to take comfort of the east coast into the new At the time, they had given a lot of a little time and talk about what is land that this country wanted to ex- land to railroads, and they were under going right in our country. pand into, and we wanted to get posses- a lot of political pressure not to give When we look at what is going right sion of that property so that another that land away. So they decided in- as compared to what is going wrong, country could not come and take that stead, in this west, in this arid part, there is so much more that is right land from us so we could protect the they would allow the people to go than wrong. Look at the young people land. ahead and use it. They would give them and juniors and seniors and applicants In order to do that, the government incentives to use it, but they would re- to our academies, our military acad- made a very conscious decision, and tain the title to the government and emies. These are some of the most that is, to give land away through what keep those as public lands, but they al- qualified young people in the history of is called land grants. They had first ways had the concept that these public this country. Their capabilities, the made land grants actually in an at- lands would envision multiple use, tools that they have to learn, their tempt to bribe British soldiers to de- many uses. focus is immense and I think is much fect from the British troops to help us When I grew up and we went into a greater than the previous generations. in the Revolutionary War, saying to national forest or public lands, there What we read in the media is they these soldiers we are starting a new was always a sign that hung there, for focus on the drug problems of this gen- country and if you come with us we example, ‘‘Welcome to the White River eration. They focus on the sex prob- will give you land in our new country. National Forest, Land of Many Uses.’’ lems of this young generation; but That is how the Homestead Act in this That is the concept upon which the what is beginning to happen, that country, actually what we would call West was really settled as far as land young generation is showing that they the land grants, first came from. ownership goes. do have the capabilities to carry on the This worked pretty effectively. What The reason I am telling my col- responsibilities, to continue to make they would do is they would send fami- leagues this or the reason why we are this country great. We are beginning to lies west. They would give them, say, reviewing the public lands and private see a movement toward family. We are 160 acres; and 160 acres in most of the lands issue is because it has a lot to do beginning to see more religious in- eastern United States was enough acre- with the water issues that we face out volvement with these young people. We age for a family to survive upon, and in the West that again differentiates us from the East. Remember my statistics are beginning to see absolutely much, let me point out here. My colleagues and let me draw on this map for just a much more learning in their preschool will note that on this map, most of the moment. map east of, say, Denver, Colorado, years as they come up. If we drew a line approximately like So there are a lot of things that are here in this point, we come right down this, 73 percent, 73 percent of the going right, and that is what made me here, most of the white part of this water, surface water in the country is feel good about the weekend. I spent map is land that is privately owned. in this portion of the United States. the weekend seeing things that were That is because in almost all of these That is where 73 percent of it is. We going right, only to read this quote or locations here where the white is and have got about 13 percent of the water these quotes that have been attributed almost all of those locations, one can in the Pacific Northwest. We have got to this celebrity, and I think that my support a family off 160 acres. The land 13 percent of the water there, and then colleagues may have seen it in today’s is very fertile. the rest of it, the rest here for that In fact, to give my colleagues an idea papers or certainly will be in tomor- many States, that is 14 percent of the row’s papers about what this person of the water, and we will go over this water. Look at those numbers again. has said. I hope any of my colleagues point again, but 73 percent of the water Seventy-three percent of the water on that have admired this person some- precipitation, surface water, stream this part of the country, 13 percent up what discount that admiration when water in this country is in this part of here in this section, and 14 percent for they take a look at the comments that the country. So this is a very, very, all of these States down there. this particular person made. very fertile land. Once we get west of This is arid country. This is country That is enough for that. Let me move Denver, Colorado, into this land with where out here a lot of times the dis- on to the subject that I really want to all the color that is where we get into pute is in the East on how to get rid of talk about this evening and that is the public lands, and that land is very, the excess water. Hey, do not drain it water. As I mentioned earlier at the very dry, very arid, very dependent on my property. How are we going to opening of my remarks, the western upon dams. drain it? Put it here; put it there. In United States geographically, obvi- What happened is the settlers began the West, our primary issues are how ously, is different than the eastern half to come west. This idea of putting peo- do we conserve the water, how do we of the United States. There are a lot of ple out on the land was working pretty store the water, how do we use the things that differentiate the West from effectively, but then all of the sudden water. And of course, in the West, as in the East, and one of them is water. when they got to Denver and they hit many lands in the east, agricultural I want to show my colleagues a map. the Rocky Mountains, word got back plays a very important part. This map here will depict a number of to Washington, they are not settling up Remember when we talked about things which we will go over here in there. They are going around it. They water, there are a number of different just a minute. Let me tell my col- could not feed a family off 160 acres. things to keep in mind. First of all, 97 leagues about the first thing the map is They had to go out to the Imperial Val- percent of the water in the world, 97 going to depict. That is the ownership ley in California to find that kind of percent of it is salt water, and under of public lands versus public lands in fertile land. today’s technology, we really do not the East. Remember that upon settle- Washington knew that they needed have an economical way to convert ment of the United States, the popu- to do something, something to claim that to desalinate that water from lation, when our country just got start- that land for the country. What did we ocean water to clear drinking water. ed, as we all know, the population was do? How do we figure out how to get So right off the bat we are dealing with along the east coast and that as our people to occupy those lands so that 3 percent of the world’s water. Three country began to grow, in order to get the government knows our citizens are percent of the world’s water, about 78 people out into the land, we had to give on it? So what they decided to do in percent of that 3 percent, about 78 per- them some kind of incentive. that mountain country where 160 acres cent of that 3 percent, is tied up in the Back in those days, one could not could not support a family is one of the polar icecaps. So the actual amount of just get a deed that says you own the ideas, well, let us go ahead and give water that we have to deal with is real- land. They actually needed to possess them an equivalent amount of land, ly very, very small. the land; and as I said before, that is maybe let us give them like $3,000 acres In fact, if we wanted to use a percent- where the saying that possession is maybe, that is the equivalent of what age number, I will write it on the chart H1764 CONGRESSIONAL RECORD — HOUSE April 30, 2002 here, but how much of the world’s On average, and my colleagues prob- to store our water, to have that capa- water rivers contains, it looks like ably did not know this, it takes more bility. this, .001 percent. That is what small than 1,000 gallons of water to produce Remember, in a State like Colorado, amount of water is contained in the three meals a day for one person. More and my district is the high mountains rivers in the world, and the rivers are than 1,000 gallons of water a day to of Colorado, in an average year we have our life blood. In fact, in the Colorado give us three balanced meals per day. all the water we could possibly use for State capital, in their rotunda written Pretty interesting. about a 60-to-90-day-period of time. on there, they have something to the What happens to 50 glasses of water? When is that period of time? That pe- effect that I think it was Hornsberry Forty-four glasses are used for agri- riod of time, on a typical year, is what that wrote, that says in this land life is culture, three glasses are used by in- is called the spring runoff, when the written in water, and many people dustry, two glasses are used by cities, snow melts off those high peaks and we have said water runs almost as thick as and a half a glass is used in the coun- have that runoff. Sometimes, in fact, it blood out there in this dry region. tryside. So, obviously, of those 50 floods, and we have terrible floods. But Let me talk about real quickly how glasses, if we had 50 glasses of water the dams have helped us control those water is used. One of the things that that represented the usage in our coun- floods. amazed me as I got into water, remem- try, 44 of those glasses of water go to When that 60-to-90 day period of time ber, water is a very boring subject. agriculture. is over, what do we do for water then? Most people do not care much about Why so much water for agriculture? Again, the dams come back in. In the water until they turn on the faucet and Again, some pretty interesting statis- west, we need to have those dams be- there is no water coming out of the tics. To grow an acre of corn we can ex- cause we cannot count on water con- faucet and they flush the toilet and no pect off that acre that we will have tinuously year-round. Unfortunately, water comes into the bowl or they go 4,000 gallons of water a day evaporate these water resources have not been out to recreate or fish and the stream’s off that acre. It takes 135,000 gallons to evenly allocated across this great dried up. There are a lot of different grow one ton of alfalfa. A hundred thir- country of ours, so the dams play more uses of water. ty-five thousand gallons. As I said, it and more of an important role, for not I started studying water about 20 takes 1,400 gallons of water to produce only human consumption, but for elec- years ago; and to this day, to this day, the meal of a quarter pound ham- trical generation. the most amazing thing about water to burger, an order of fries, and a soft Take a look at this chart. This re- me is the quantity of water that is nec- drink. So if my colleagues go down to flects the primary use of dams. I think essary to do things in our everyday the local McDonald’s restaurant and this is pretty interesting. The primary life, and I am going to go over a few of buy a hamburger, a soft drink and purpose or benefit of dams in the those things with my colleagues right fries, 1,400 gallons of water were nec- United States. And by the way, there is now. essary for the complete process to get about 70,000 to 80,000 dams in the Take a look. Water usage, here is a that food to the table. United States. Now, when we think of fun chart. Direct uses of water daily, Forty-eight thousand gallons are dams we think of Hoover Dam, Glen this is what the average person uses in needed to produce the typical Amer- Canyon Dam, or smaller dams, like the a day drinking and cooking, 2 gallons. ican Thanksgiving dinner for eight peo- Shoshoni Dam in the Glenwood Can- Flushing the toilet, 5 to 7 gallons per ple. Imagine that. When we go to yon, or different ones like that. But flush, although we have newer toilets, Thanksgiving dinner, eight people sit the first dams, for example, that we more advanced toilets that can now do down to have dinner, 48,000 gallons of know of in the United States were ac- it with 3 gallons. Washing machine, 20 water were utilized to bring all of the tually the Anasazi Indians down in the gallons per load. Dishwasher, 25 per tidings of Thanksgiving to that table. southwestern part of Colorado, the loads. Just to take a shower, 7 to 9 gal- It is immense the use of water that we Four Corners area. And there is evi- lons per minute. have. dence there that when they came and Remember that using water is not That is why water is such a critical they learned how to dam up the water, like using gasoline. Water is a renew- subject for us. It is boring, but if I had because the water was again in such an able resource. On gasoline, once it is my way about it, I would make it a arid area, it is thought that one of two used, it is gone; but with water they mandatory course in every classroom things drove the Anasazi Indians into have often said one person’s waste is in every school in America. I would extinction, or at least out of that area. another person’s water, and there is a make it required so that all Americans One of them was the lack of water or, lot to be said there. Water recirculates. have a better understanding of just two, dealing with the enemy. They had It has got an entire lifecyle of its own how critical that resource is and has enemies out there, and somehow the so that when we use water for these become. enemies were able to get into the cliff daily needs, it does not mean that we It takes 39,000 gallons of water to dwellings. But we think primarily it have wasted the water, but we still produce a domestic automobile, 1,800 was water. have to conserve that water. We have gallons of water just to produce the Look at the primary purpose or ben- got to be careful that we do not go to cotton in a pair of jeans, and 400 gal- efit of U.S. dams. Recreation, 32 per- excess. lons of water just to produce enough cent; irrigation, 10 percent; public Take a look at what it requires to cotton for one shirt. So the shirt I am water supply, 19 percent; flood control, grow food, and I will give some acre- wearing right here, which is 100 percent 14 percent; hydroelectricity, 2 percent; age, some interesting statistics on cotton, took 400 gallons of water to get and stock and farm ponds, 17 percent. acreage; but if we look over here to my that shirt to where I can wear it. It is Now, you will see some national or- left, look at this. Growing food for a amazing. It is incredible. ganizations that oppose dams. They op- loaf of bread, it takes 150 gallons of What is happening now, this year, of pose a dam no matter how justified it water from the time someone starts to course, is that we have a drought. And is. No matter how well planned it is, no prepare the field to grow the wheat, as I mentioned earlier, the drought has matter what kind of protections have they grow the wheat and the other in- hit different parts of the country very been placed for the environment and to gredients to mill the flour and things hard. Here in the east last weekend we the benefit of the environment, no like that. By the time that loaf of bred had some good rains. I think we got up matter what is done, there are large is produced, they have used 150 gallons to 2 inches in this particular area. But well-financed organizations that op- of water. An egg, one egg, not a dozen in the west we face a drought condi- pose dams regardless of the merits. But eggs, one egg, 120 gallons of water. tions that, in many cases, we have not they do not understand, or maybe they seen in 100 years. And the reason we do understand and it is a way of re- b 2200 A say 100 years is that that is the first stricting the life-style that we have in quart of milk, 223 gallons of water. time records were kept. So I wanted to the west, but it is so critical to look To have one quart of milk. One pound visit just a little about what that im- closely and get an idea of what happens of oranges, 47 gallons. One pound of po- pact is and why it is so critical for to us out in Colorado, for example, tatoes, 23 gallons. those of us that live in the arid States after that 90 days or so when the spring April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1765 runoff trickles down to small streams The dividing point there is the inter- One of my biggest problems with the and our mighty Colorado is reduced state highway. As you go down the Clinton administration was the Clinton dramatically in size, and what we have interstate in Grand Junction, when you administration was always trying to to do for water to get through the rest look to the north, or if you are headed show that they were the environmental of the year. westbound, when you look to the right administration, so they made some And it is not just drinking water. it is arid desert land. It is beautiful in pretty brash statements and they made Take a look at now the dependency we its own way, but there are no people some pretty illogical decisions, like have on hydroelectricity. That is the living out there. There is not much the Grand Escalante Staircase, without cleanest way to produce power of any wildlife out there. In fact, there is not any input from State officials; with power that we know, outside of nu- much life. There are no trees or plants proclamations that we need to start clear. And even cleaner than the nu- out there. It is dry dirt. On the left- taking down dams, not building dams. clear, because with nuclear we still hand side, which is the south side, left It was almost as if that administration have a waste material, as many of my hand as you are going west, the south had an anti-human bias built into their colleagues know with our debate on side is the result of irrigation. There policy. Well, fortunately, that has been Yucca Mountain in Nevada and so on. are orchards; wine orchards, apple or- moderated and a common sense ap- Water is truly the cleanest way to gen- chards, and lots of wildlife. proach will allow people in the east to erate our electricity. The difficulty is Obviously, that is where the people understand the special circumstances live. It is because we had the ability to we do not have enough rivers or enough of those of us who live in the west. store water and to release that water dams to produce hydroelectricity in Let me mention something else. I year-round so that side of the highway such a way that it could become our want to show the drought conditions can stay green. Year-round, that por- primary generation of electricity in that we are currently experiencing. tion of land can support wildlife, this country. But where we can utilize This is a color-coded map. Here are the it we should utilize it. human habitation and, frankly, I think increase and improve the areas of the codes: Abnormal dry, which means just And a natural benefit of a dam, when an off year; drought moderate is the you back up water, you also provide environment that we think are impor- tant, gold medal fishing, for example, light brown; the dark brown is drought recreation opportunities. In the west- severe, and the red is drought extreme. ern United States, the greatest rec- and a lot of other things. Water is such a critical resource for If you look to the left of the poster, reational facility, I think, from a water us. Again, I urge my colleagues here in here is the State of Colorado. This ac- perspective, is Lake Powell. The Colo- the east, during times when we have tually is the Colorado River right here, rado River, which is about 1,500 miles decisions to make about the west, going down like this. The Colorado long, has several major dams on it, and please understand we are not trying to River runs about 1,500 miles. Only a one of those lakes that has been backed make a battle or make a geographical small part of it is in Colorado. The Col- up as a result of Glen Canyon is Lake difference with the country. We do orado provides 75 percent of the water Powell. Lake Powell actually has more want Members to come to the realiza- that goes into it. Maybe 200 miles of shoreline than the entire Pacific West tion, or at least understand that our the Colorado River is in Colorado, of Coast. Recreation is critical. For those needs in the west are dramatically dif- the 1,500 miles total. It goes down who talk about family recreation and ferent when it comes to some of these through Utah, Arizona, and actually the importance for us to bring families natural resources, whether we are talk- ends up in Mexico. back together, recreation on a lake ing about private lands or public lands, But my point here is to look at the like Lake Powell is an important fac- or whether we are taking about lots of drought conditions that we face. Now, tor out there in the west. water, like here in the east, where 73 we face some of these similar condi- Flood control. We have had some hor- percent of the Nation’s surface water tions on the East Coast, but out here in rendous floods. Again, unfortunately, exists. Out there, in the center of the the west, where we start out with very the laws of nature do not allow the west, we have 14 percent. arid conditions, look how much of it is river, like the Colorado, to run at a So when we talk about our water in a moderate drought. All the light steady flow 12 months of the year. storage facilities, listen to us, support brown. But look what is in severe ex- Sometimes it runs with horrendous us. There is a move out there to take treme drought. Look how much of that bursts. In fact, if any of my colleagues down Lake Powell. Many of in this portion down here. ever have an opportunity and are near room have never been to Lake Powell. Gunnison or Montrose, Colorado, take If you want to do your family a favor, b 2215 the time to go see the Black Canyon if you want to have a great trip, one of National Park. It is a beautiful, beau- those kind of vacations that your fam- Look at what this is. This is a tough tiful national park. And when you get ily will remember for many, many, situation this year. Do you know how to the visitor’s center at the Black many years into the future, go to Lake we are going to get through it? Do you Canyon National Park you will see Powell. Take a look at that dam there, know how we got through the semi- rocks the size of this table over here to how much electricity that generates, dryness last year? Because generations my right, the size of this table and and take a look at the flood control. As before us had the foresight to build probably twice as high. That is a sam- a Congressman, they will give you a major storage projects so when we ran ple of the rocks that are thrown tour. They give general tours, but tell out of water or did not have enough through that river. That is how power- them you really want to know about snow in the high peaks, we would have ful that river is going through that this project. enough water to give us a crutch to get canyon. That rumbling down of those I urge my colleagues from the east to through to the next snow season. That rocks sounds like a tornado going on take a trip and go out there, and have is exactly why we will survive the down there in the spring runoff. one of your days set aside simply to drought in Colorado, even though it is We have to be able to control floods. learn about the project. So that when severe, a drought that we have not seen And take a look, while on the way to the radical fanatics come to these since 1977 is the last time I recall. It the Black Canyon National Park and, Chambers and try to get you to sign on appears that this one is going to be hopefully, you will go through a beau- to a resolution to tear down the dam at much more severe. tiful town called Grand Junction, Colo- Lake Powell, you will have a very clear But we will be able to, we will be rado. Grand Junction used to be desert. and immediate understanding of the crippled, but we will be able to get Desert still remains on the other side ramifications that that has to the through it because we have water stor- of it. But take a look at what irriga- western half of your country, the kind age. We have the capability to draw tion did for that community. Grand of ramifications it has not only for down on reservoirs. It is like your bank junction, Colorado, is probably the hydroelectricity but for flood control, account. You always want to have a clearest example in the country of for water storage, for recreation, for surplus in your bank account so if you what happens when you have water and farms. Remember that when you hear have an emergency you can draw down what happens when you do not have somebody approach you and say we on your savings. That is what these water. need to take down dams. storage projects allow us. H1766 CONGRESSIONAL RECORD — HOUSE April 30, 2002 But what has happened in the last was how to use a tarp. Firefighters put your irrigation ditches, in other words few years through a huge public rela- it in the stream and very quickly build put in concrete, and we can prevent tions effort, they have been very suc- up a dam so we have a water reservoir seepage so you lose less water. The dif- cessful in giving a negative connota- that we could pull the water out of to ficulty is that your seepage in your tion to the world dams and water stor- fight the fire. Again, another use of ditch may very well be providing the age projects. We in the West find our- dams, another use of water storage water for the spring 3 or 4 miles away. selves constantly trying to explain, that a lot of us do not think about in Mr. Speaker, our generation does not look, it is not a nasty word. It is a our day-to-day lives. have the capability to radar under- word that is necessitated by our life- Let me show Members the inferno. neath the ground very effectively. We styles out in the West. It is neces- These are the kinds of things that we can pick up things above the ground, sitated by our needs for the environ- are going to face this summer. That is but what future generations will have ment. It is necessitated for our elec- a blow up, meaning the wind and heat. the capability to do is they will have tricity. It is necessitated for flood con- All of the conditions are perfect for the capability to look underneath the trol. These water storage projects are what is called a blow up. That kind of ground, and at some point they will be very, very important for us. inferno, unfortunately, will occur. To a able to figure out the logistics of those Now, what else happens when we face large extent we cannot help it. We can- millions of miles of water streams un- drought conditions? Fire. This year not have more rain. That is up to the derneath the Earth’s surface. Then looks to be, if the conditions stay the good Lord. We cannot control where water management will make a lot same as they have up through this last lightning strikes; that is up to the more sense. Then conservation will be week, this year could be the worst fire good Lord. able to be done with much more precise year since we kept records in this But in the management of our forests science; but today, conservation is im- country. I want to say through the and in the management of our fire- portant. hard efforts of people like Gale Norton fighting resources and in the allocation But the key of my comments to at the Department of the Interior, and of our land management resources, a Members this evening is not only to Ann Veneman over at the Department lot of these fires can be impacted or al- ask, as I have done on a number of oc- of Agriculture, the head of the parks, leviated with proper land management. casions from this very podium, to ask these teams have come together and we Again in the East, you deal with it dif- for your indulgence when we talk have created a National Fire Council. ferently because you do not have the about land issues in the West, because Last year through a lot of efforts, public lands. In the West, we have lots of the fact that the public lands really both Republican and Democrat, we put of public pressure, a lot of times from for the most part are in the West, they together the resources necessary to up- people in the East who have never ex- are not in the East, so I ask coopera- grade our firefighting capabilities in perienced life in the West, who are not tion from my colleagues from the East, this country. We hired an additional acquainted with what it is like to be try and take a few moments, really you 5,000 firemen. We picked up thousands completely surrounded by public lands. have the responsibility to take a few of pieces of new equipment. In the last In my district, I have about 120 com- moments and understand the issues several months, we have disbursed munities. These are small towns with that we deal with because we have pub- those equipment and resources the exception of two which are fairly lic lands. We have to deal with the gov- throughout the country so when we large. All but one of them are com- ernment every minute of our lives out have a fire, as we had in Bailey up in pletely surrounded. In other words, 119 there when your community is sur- Park County, Colorado, last weekend, are completely surrounded by public rounded by public lands. Our commu- we were within a very short period of lands. And the rules and regulations nities are completely, not partially, time able to devote substantial re- that we deal with with public lands re- and this is not an exaggeration, our sources to fighting that fire. strict the amount of freedom. In a lot communities are completely dependent We have made dramatic improve- of cases, it is very justified. But as in upon the Federal lands. ments. Not only do we have a dry year, most cases where the government gets When we talk about water, out in my but we have had years and years and involved, you will find on some occa- district, the water in my district either years of policies on the public lands, sions they go overboard. Sometimes comes across, stores or ponds or origi- remember earlier my comments when they go overboard, for example, by not nates on public lands. It is a big, big we talked about the public lands, we allowing people to clean up the forests. issue for us. The concept of multiple have had years and years of policies of This is a contributing cause to this use is critical for our life-style. All of not allowing those forests to be kind of inferno. our highways, whether it is a radio an- cleaned. In essence, ignoring some of Let me talk just a few more minutes tenna, whether it is our power lines, those forests. We now have lots of about the importance of water in the our fishing, our farming, our environ- wastes on the floor of the forest. I call West, about the importance of water mental protection, we deal with the it gunpowder. What you see on my left, storage in the West. I have made sev- government in every phase of that. that will not be an uncommon sight in eral key points to Members, and I want Many in the East do not have to deal the mountains. We are going to see to summarize them. Keep in mind that with any phase of that, at least as it some of our biggest fires in Florida and 97 percent of the water in the world is pertains to the issue of public and pri- in the East. in the oceans. It is salt water. We do vate lands. You own the lands. We do I think this year we have the team not have an economic way to convert not in the West. It is the same thing. together. We never know what we are that water to drinking water that is af- There is the same kind of differential going to face, but based on past his- fordable on any kind of mass scale. Of that begins to emerge when we talk tory, we think that with a little luck the remaining 3 percent, clear water, about building water storage facilities and a little blessing and the good Lord, nonsalt water, 78 percent of that water on public lands, when we talk about we are going to be able to fight these is tied up in the polar ice caps. So we the importance of water storage in the fires successfully, but it is going to be have a very small amount of water West. a challenge. that is either not tied up in the ice Remember my earlier statistic, 73 Again, the importance of water stor- caps or not salt water for our usage. percent of the water in this country is age. When we get out to some of these Conservation is a critical element for east of the Mississippi. Seventy-three fires, one of the most important things us. percent of the surface water is east of to have is access to water. What does As our country continues to grow in the Mississippi. The western mountain every fire truck in the West carry with population, obviously we need to prac- region, that western area which is them? They carry tarps. Why? A simple tice more and more conservation. But huge, which is about half of the United reason. As soon as they get to the remember that conservation and water States, not quite but almost half of the scene of a fire, they create a dam. is much trickier than, say, conserva- United States in land mass, we have 14 Think about it. Out in the rural areas, tion of fuel or electricity. I will give percent of the water. Fourteen percent and I used to be a volunteer fireman, Members an idea. When somebody of the water, and almost half the land one of the first things that we learned comes in and says we want you to line mass of the United States. So water April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1767 storage is so, so critical for us out SENATE ENROLLED BILL SIGNED 801(a)(1)(A); to the Committee on Financial Services. there. The SPEAKER announced his signa- Finally, keep in mind what water 6494. A letter from the General Counsel, ture to an enrolled bill of the Senate of Federal Emergency Management Agency, storage, what it does. It provides flood the following title: transmitting the Agency’s final rule—Na- control. It provides hydroelectricity. It S. 2248. An act to extend the authority of tional Flood Insurance Program (NFIP); In- provides recreation. And probably as the Export-Import Bank until May 31, 2002. creased Rates for Flood Coverage (RIN: 3067- important as anything that I have just AD27) received April 16, 2002, pursuant to 5 mentioned, probably more important f U.S.C. 801(a)(1)(A); to the Committee on Fi- than anything that I have just men- ADJOURNMENT nancial Services. tioned, it allows us to save water and 6495. A letter from the Acting Assistant Mr. MCINNIS. Mr. Speaker, I move General Counsel for Regulatory Services, De- build up a reservoir so when we face that the House do now adjourn. partment of Education, transmitting the De- the kind of drought conditions that we The motion was agreed to; accord- partment’s final rule—Program of Research are facing today in the West, we have ingly (at 10 o’clock and 30 minutes on Reading Comprehension—received April the capability to draw from that res- 19, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to p.m.), the House adjourned until to- ervoir, at least from a limited period of the Committee on Education and the Work- morrow, Wednesday, May 1, 2002, at 10 time to try and get us through until force. a.m. the next snow season. 6496. A letter from the Director, Regula- Colleagues, I appreciate your time tions Policy and Management, Department EXECUTIVE COMMUNICATIONS, of Health and Human Services, transmitting this evening. I appreciate the fact that ETC. the Department’s final rule—Medical De- I am allowed, and have this great privi- Under clause 8 of rule XII, executive vices; Reclassification of Three Anesthesi- lege in this country to come to this communications were taken from the ology Preamendments Class III Devices into House well and try to work with my Speaker’s table and referred as follows: Class II [Docket No. 99N-0035] received April 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to colleagues in the East, Republican or 6486. A letter from the Congressional Re- the Committee on Energy and Commerce. Democrat, to tell you how important it view Coordinator, Department of Agri- is that you understand the geo- 6497. A letter from the Director, Regula- culture, transmitting the Department’s final tions Policy and Management Staff, Depart- graphical differences, the water dif- rule—Infectious Salmon Anemia; Payment ment of Health and Human Services, trans- ferences between the eastern United of Indemnity [Docket No. 01-126-1] received mitting the Department’s final rule—Pre- States and the western United States. April 12, 2002, pursuant to 5 U.S.C. scription Drug Marketing Act of 1987; Pre- Mr. Speaker, I appreciate this time, 801(a)(1)(A); to the Committee on Agri- scription Drug Amendments of 1992; Policies, and look forward to Members’ coopera- culture. Requirements, and Administrative Proce- 6487. A letter from the Administrator, De- tion on these issues in the future. dures; Delay of Effective Date [Docket No. partment of Agriculture, transmitting the 92N-0297] (RIN: 0905-AC81) received April 22, Department’s final rule—Farm Loan Pro- f 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the grams Account Servicing Policies—Reduc- Committee on Energy and Commerce. LEAVE OF ABSENCE tion of Amortized Shared Appreciation Re- 6498. A letter from the Director, Regula- capture Amortization Rate (RIN: 0560-AG43) tions Policy and Management Staff, Depart- By unanimous consent, leave of ab- received April 18, 2002, pursuant to 5 U.S.C. ment of Health and Human Services, trans- sence was granted to: 801(a)(1)(A); to the Committee on Agri- mitting the Department’s final rule—Med- Mr. MASCARA (at the request of Mr. culture. ical Devices; Device Tracking [Docket No. GEPHARDT) for today on account of per- 6488. A letter from the Administrator, De- 00N-1034] received April 17, 2002, pursuant to sonal reasons. partment of Agriculture, transmitting the 5 U.S.C. 801(a)(1)(A); to the Committee on Department’s final rule—Lamb Promotion, Ms. MILLENDER-MCDONALD (at the re- Energy and Commerce. Research, and Information Order [No. LS-01- 6499. A letter from the Director, Regula- quest of Mr. GEPHARDT) for today and 12] (RIN: 0581-AC06) received April 19, 2002, tions Policy and Management Staff, Depart- the balance of the week on account of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of Health and Human Services, trans- important legislative business in the mittee on Agriculture. mitting the Department’s final rule—Topical district. 6489. A letter from the Principal Deputy Antifungal Drug Products for Over-the- Mr. CRANE (at the request of Mr. Associate Administrator, Environmental Counter Human Use; Amendment of Final ARMEY) for today on account of per- Protection Agency, transmitting the Agen- Monograph [Docket No. 99N-4063] (RIN: 0910- sonal reasons. cy’s final rule—Fluazinam; Pesticide Toler- AA01) received April 16, 2002, pursuant to 5 ance [OPP-2002-0003; FRL-6831-8] (RIN: 2070- Mr. CANNON (at the request of Mr. U.S.C. 801(a)(1)(A); to the Committee on En- AB78) received April 16, 2002, pursuant to 5 ergy and Commerce. ARMEY) for today and the balance of U.S.C. 801(a)(1)(A); to the Committee on Ag- 6500. A letter from the Director, Regula- the week on account of personal rea- riculture. tions Policy and Management Staff, Depart- sons. 6490. A letter from the Principal Deputy ment of Health and Human Services, trans- Associate Administrator, Environmental mitting the Department’s final rule—Cold, f Protection Agency, transmitting the Agen- Cough, Allergy, Bronchodilator, and Anti- cy’s final rule—Fenhexamid; Pesticide Toler- asthmatic Drug Products for Over-the- SPECIAL ORDERS GRANTED ance [OPP-301228; FRL-6829-9] (RIN: 2070- Counter Human Use; Partial Final Rule for By unanimous consent, permission to AB78) received April 16, 2002, pursuant to 5 Combination Drug Products Containing a address the House, following the legis- U.S.C. 801(a)(1)(A); to the Committee on Ag- Bronchodilator; Correction [Docket No. 76N- riculture. lative program and any special orders 052G] (RIN: 0910-AA01) received April 15, 2002, 6491. A letter from the Principal Deputy pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- heretofore entered, was granted to: Associate Administrator, Environmental mittee on Energy and Commerce. (The following Members (at the re- Protection Agency, transmitting the Agen- 6501. A letter from the Director, Regula- quest of Mr. DAVIS of Illinois) to revise cy’s final rule—Sodium Starch Glycolate; tions Policy and Management Staff, Depart- and extend their remarks and include Exemption from the Requiremnt of a Toler- ment of Health and Human Services, trans- extraneous material:) ance [OPP-2002-0018; FRL-6833-9] (RIN: 2070- mitting the Department’s final rule—Food Mr. DAVIS of Illinois, for 5 minutes, AB78) received April 16, 2002, pursuant to 5 Additives Permitted for Direct Addition to today. U.S.C. 801(a)(1)(A); to the Committee on Ag- Food for Human Consumption; Change in riculture. Specifications for Gum or Wood Rosin De- Mr. PALLONE, for 5 minutes, today. 6492. A letter from the Director, FDIC Of- rivatives in Chewing Gum Base; Correction Mr. LIPINSKI, for 5 minutes, today. fice of Legislative Affairs, Federal Deposit [Docket No. 99F-2533] received March 19, 2002, Ms. KAPTUR, for 5 minutes, today. Insurance Corporation, transmitting the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Ms. NORTON, for 5 minutes, today. Corporation’s final rule—Engaged In The mittee on Energy and Commerce. Mr. BLUMENAUER, for 5 minutes, Business of Receiving Deposits Other Than 6502. A letter from the Director, Regula- today. Trust Funds (RIN: 3064-AC49) received April tions Policy and Management Staff, Depart- Ms. BERKLEY, for 5 minutes, today. 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to ment of Health and Human Services, trans- (The following Member (at the re- the Committee on Financial Services. mitting the Department’s final rule—Topical 6493. A letter from the General Counsel, Nitrofurans; Extralabel Animal Drug Use; quest of Mr. SULLIVAN) to revise and Federal Emergency Management Agency, Order of Prohibition [Docket No. 01N-0499] extend his remarks and include extra- transmitting the Agency’s final rule—Final received April 15, 2002, pursuant to 5 U.S.C. neous material:) Flood Elevation Determinations—received 801(a)(1)(A); to the Committee on Energy and Mr. PENCE, for 5 minutes, today. April 22, 2002, pursuant to 5 U.S.C. Commerce. H1768 CONGRESSIONAL RECORD — HOUSE April 30, 2002 6503. A letter from the Principal Deputy tional Oceanic and Atmospheric Administra- 6522. A letter from the Chief, Regulations Associate Administrator, Environmental tion, transmitting the Administration’s final Unit, Internal Revenue Service, transmitting Protection Agency, transmitting the Agen- rule—Fisheries of the Exclusive Economic the Service’s final rule—Investment Credit cy’s final rule—Approval and Promulgation Zone Off Alaska; Pollock in Statistical Area on Transition Property—received April 16, of Implementation Plans Georgia: Approval 610 of the Gulf of Alaska [Docket No. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Revisions to State Implementation Plan 011218304-1304-01; I.D. 031202A] received April Committee on Ways and Means. [GA-46-200221(a); FRL-7172-7] received April 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 6523. A letter from the Chief, Regulations 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. Unit, Internal Revenue Service, transmitting the Committee on Energy and Commerce. 6513. A letter from the Acting Director, Of- the Service’s final rule—Intermet Corpora- 6504. A letter from the Principal Deputy fice of Sustainable Fisheries, NMFS, Na- tion & Subs V. Commissioner [Docket No. Associate Administrator, Environmental tional Oceanic and Atmospheric Administra- 8246-97] received April 16, 2002, pursuant to 5 Protection Agency, transmitting the Agen- tion, transmitting the Administration’s final U.S.C. 801(a)(1)(A); to the Committee on cy’s final rule—Approval and Promulgation rule—Atlantic Highly Migratory Species; Ways and Means. of Air Quality Implementation Plans; New Commercial Shark Management Measures 6524. A letter from the Chief, Regulations Hampshire; Post—1996 Rate of Progress [Docket No. 011218303-1303-01; I.D. 110501B] Unit, Internal Revenue Service, transmitting Plans [NH-046b; A-1 FRL-7171-9] received (RIN: 0648-AP70) received April 16, 2002, pur- the Service’s final rule—2002 Limitations Ad- April 16, 2002, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- justed As Provided In Section 415(d) (Notice 801(a)(1)(A); to the Committee on Energy and mittee on Resources. 2001-84) received April 22, 2002, pursuant to 5 Commerce. 6514. A letter from the Acting Director, Of- U.S.C. 801(a)(1)(A); to the Committee on 6505. A letter from the Principal Deputy fice of Sustainable Fisheries, NMFS, Na- Ways and Means. Associate Administrator, Environmental tional Oceanic and Atmospheric Administra- f Protection Agency, transmitting the Agen- tion, transmitting the Administration’s final cy’s final rule—Approval and Promulgation rule—Fisheries of the Caribbean, Gulf of REPORTS OF COMMITTEES ON of Implementation Plans and Designation of Mexico, and South Atlantic; Coastal Migra- PUBLIC BILLS AND RESOLUTIONS Areas for Air Quality Planning Purposes; tory Pelagic Resources of the Gulf of Mexico State of New York [Region II Docket No. and South Atlantic; Closure [Docket No. Under clause 2 of rule XIII, reports of NY56-240; FRL-7172-6] received April 16, 2002, 001005281-0369-02; I.D. 111601A] received April committees were delivered to the Clerk pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to for printing and reference to the proper mittee on Energy and Commerce. the Committee on Resources. calendar, as follows: 6506. A letter from the Acting Chief, Policy 6515. A letter from the Acting Director, Of- Mr. BOEHLERT: Committee on Science. and Rules Division, Federal Communications fice of Sustainable Fisheries, NMFS, Na- H.R. 2051. A bill to provide for the establish- Commission, transmitting the Commission’s tional Oceanic and Atmospheric Administra- ment of regional plant genome and gene ex- final rule—Reallocation of the 216-220 MHz, tion, transmitting the Administration’s final pression research and development centers; 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, rule—Fisheries of the Exclusive Economic with amendments (Rept. 107–422). Referred to 1432-1435 MHz, 1670-1675 MHz, and 2385-2390 Zone Off Alaska; Pacific Cod by Vessels the Committee of the Whole House on the MHz Government Transfer Bands; and ; Catching Pacific Cod for Processing by the State of the Union. Amendment of Parts 2 and 95 of the Commis- Inshore Component in the Western Regu- Mrs. MYRICK: Committee on Rules. House sion’s Rules to Create a Wireless Medical Te- latory Area of the Gulf of Alaska [Docket Resolution 402. Resolution providing for the lemetry Service; and Amendments to Part 90 No. 011218304-1304-01; I.D. 022502D] received consideration of the bill (H.R. 2871) to reau- of the Commission’s Rules Concerning Pri- April 16, 2002, pursuant to 5 U.S.C. thorize the Export-Import Bank of the vate Land Mobile Radio Services [ET Docket 801(a)(1)(A); to the Committee on Resources. United States, and for other purposes (Rept. 6516. A letter from the Director, Policy Di- No. 00-221, RM-9267, RM-9692, RM-9797, RM- 107–423). Referred to the House Calendar. 9854; ET Docket No. 99-255, PR Docket No. 92- rectives and Instructions Branch, INS, De- 235; WT Docket No. 97-153] Received April 25, partment of Justice, transmitting the De- f 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment’s final rule—Release of Informa- PUBLIC BILLS AND RESOLUTIONS Committee on Energy and Commerce. tion Regarding Immigration and Naturaliza- 6507. A letter from the Director, Office of tion Service Detainees in Non-Federal Fa- Under clause 2 of rule XII, public Personnel Management, transmitting the Of- cilities [INS No. 2203-02] (RIN: 1115-AG67) re- bills and resolutions of the following fice’s final rule—Absence and Leave; Use of ceived April 18, 2002, pursuant to 5 U.S.C. titles were introduced and severally re- Restored Annual Leave (RIN: 3206-AJ51) re- 801(a)(1)(A); to the Committee on the Judici- ferred, as follows: ceived April 16, 2002, pursuant to 5 U.S.C. ary. 801(a)(1)(A); to the Committee on Govern- 6517. A letter from the Secretary of the By Mr. HUNTER (for himself, Mr. ment Reform. Commission, Bureau of Competition, Federal CUNNINGHAM, and Mr. SAXTON): 6508. A letter from the Director, Office of Trade Commission, transmitting the Com- H.R. 4618. A bill to amend the Magnuson- Personnel Management, transmitting the Of- mission’s final rule—Premerger Notification; Stevens Fishery Conservation and Manage- fice’s final rule—Basic Pay for Employees of Reporting and Waiting Period Require- ment Act to provide for the conservation of Temporary Organizations (RIN: 3206-AJ47) ments—received April 15, 2002, pursuant to 5 stocks of Pacific highly migratory species by received April 15, 2002, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on the directing the Secretary of Commerce to pro- 801(a)(1)(A); to the Committee on Govern- Judiciary. hibit pelagic longline fishing in the exclusive ment Reform. 6518. A letter from the General Counsel, economic zone off the coasts of the States of 6509. A letter from the Director, Office of Federal Emergency Management Agency, California, Oregon, and Washington; to the Personnel Management, transmitting the Of- transmitting the Agency’s final rule—Hazard Committee on Resources. fice’s final rule—Placement Assistance and Mitigation Planning and Hazard Mitigation By Mr. NETHERCUTT: Reduction in Force Notices (RIN: 3206-AJ18) Grant Program (RIN: 3067-AD22) received H.R. 4619. A bill to authorize the Secretary received April 18, 2002, pursuant to 5 U.S.C. April 16, 2002, pursuant to 5 U.S.C. of the Army to provide a credit toward the 801(a)(1)(A); to the Committee on Govern- 801(a)(1)(A); to the Committee on Transpor- non-Federal share of the cost of the feasi- ment Reform. tation and Infrastructure. bility study for the project for flood control 6510. A letter from the Director, Office of 6519. A letter from the General Counsel, in the vicinity of Sprague, Lincoln County, Personnel Management, transmitting the Of- Federal Emergency Management Agency, Washington, and for other purposes; to the fice’s final rule—Federal Employment Pri- transmitting the Agency’s final rule—Assist- Committee on Transportation and Infra- ority Consideration Program for Displaced ance to Firefighters Grant Program (RIN: structure. Employees of the District of Columbia De- 3067-AD21) received April 16, 2002, pursuant By Mr. OTTER (for himself, Mr. HAN- partment of Corrections (RIN: 3206-AI28) re- to 5 U.S.C. 801(a)(1)(A); to the Committee on SEN, Mr. POMBO, Mr. RADANOVICH, Mr. ceived April 18, 2002, pursuant to 5 U.S.C. Science. STUMP, Mr. HEFLEY, Mr. GIBBONS, Mr. 801(a)(1)(A); to the Committee on Govern- 6520. A letter from the General Counsel, SIMPSON, and Mr. HUNTER): ment Reform. National Science Foundation, transmitting H.R. 4620. A bill to accelerate the wilder- 6511. A letter from the National Oceanic the Foundation’s final rule—Misconduct in ness designation process by establishing a and Atmoshperic Administration, transmit- Science and Engineering—received April 18, timetable for the completion of wilderness ting the Administration’s final rule—Endan- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the studies on Federal lands, and for other pur- gered and Threatened Species; Final Rule to Committee on Science. poses; to the Committee on Resources. Remove Umpqua River Cutthroat Trout 6521. A letter from the Acting Deputy Gen- By Mr. PETERSON of Minnesota (for From the Federal List of Endangered and eral Counsel, SBA, Small Business Adminis- himself, Mr. MCGOVERN, Mr. ROHR- Threatened Species [Docket No. 000404093- tration, transmitting the Administration’s ABACHER, Mr. LYNCH, Mr. 0093-01; I.D. 121198A] (RIN: 0648-AN90) re- final rule—Small Business Size Standards; FALEOMAVAEGA, Mr. KILDEE, Mr. ceived April 18, 2002, pursuant to 5 U.S.C. Inflation Adjustment to Size Standards SANDERS, and Ms. ROS-LEHTINEN): 801(a)(1)(A); to the Committee on Resources. (RIN: 3245-AE56)—received April 18, 2002, pur- H.R. 4621. A bill to amend title 39, United 6512. A letter from the Acting Director, Of- suant to 5 U.S.C. 801(a)(1)(A); to the Com- States Code, to authorize additional com- fice of Sustainable Fisheries, NMFS, Na- mittee on Small Business. pensation to be paid to certain veterans in April 30, 2002 CONGRESSIONAL RECORD — HOUSE H1769

receipt of compensation for a service-con- Mr. LATOURETTE introduced a bill (H.R. H.R. 2837: Mr. BLUMENAUER. nected disability rated totally disabling for 4625) for the relief of Zdanko Lisak; which H.R. 2874: Mr. SANDERS, Mr. RODRIGUEZ, whom a family member dependent on the was referred to the Committee on the Judici- Mr. RANGEL, Ms. CARSON, of Indiana, Mr. veteran for support provides care; to the ary. COYNE, and Mr. GEORGE MILLER of California. Committee on Veterans’ Affairs. f H.R. 2974: Ms. RIVERS and Mrs. By Mr. RADANOVICH: NAPOLITANO. H.R. 4622. A bill to require Federal land ADDITIONAL SPONSORS H.R. 3132: Mr. THOMPSON of California, Mr. managers to support, and to communicate, Under clause 7 of rule XII, sponsors FRANK, Mr. MEEHAN, and Ms. BALDWIN. H.R. 3185: Mr. GEORGE MILLER of Cali- coordinate, and cooperate with, designated were added to public bills and resolu- gateway communities, to improve the abil- fornia. ity of gateway communities to participate in tions as follows: H.R. 3324: Ms. MCCOLLUM, Ms. BROWN of Federal land management planning con- H.R. 113: Mr. SHERMAN. Florida, Ms. DUNN, Mr. PAUL, Mr. ISRAEL, ducted by the Forest Service and agencies of H.R. 198: Mr. BURTON of Indiana. Mr. LAMPSON, and Mr. FRANK. the Department of the Interior, and to re- H.R. 292: Mr. MCGOVERN. H.R. 3335: Mr. SCHIFF. spond to the impacts of the public use of the H.R. 348: Mr. RODRIGUEZ. H.R. 3414: Mr. OLVER. Federal lands administered by these agen- H.R. 488: Mr. BLAGOJEVICH. H.R. 3424: Ms. MCCARTHY of Missouri, Mr. cies, and for other purposes; to the Com- H.R. 602: Mr. LEACH. HILLEARY, and Mr. YOUNG of Florida. mittee on Resources, and in addition to the H.R. 690: Ms. SANCHEZ. H.R. 3430: Mr. WILSON of South Carolina. Committee on Agriculture, for a period to be H.R. 730: Mr. PAYNE. H.R. 3450: Mr. GILMAN, Mrs. NAPOLITANO, subsequently determined by the Speaker, in H.R. 792: Mr. BENTSEN. Mr. WELLER, and Ms. WATERS. H.R. 3464: Mr. CUMMINGS, Mr. LARSON of each case for consideration of such provi- H.R. 898: Ms. MCKINNEY, Mr. KENNEDY of Connecticut, Mr. LANTOS, Mr. HOLT, and Mr. sions as fall within the jurisdiction of the Rhode Island, Ms. MILLENDER-MCDONALD, RANGEL. committee concerned. Mr. MCNULTY, Mr. CLEMENT, Mr. UDALL of H.R. 3469: Mr. FARR of California, Mr. By Mr. SMITH of Texas (for himself, New Mexico, Mrs. MALONEY of New York, Ms. FRANK, Mr. MALONEY of Connecticut, Mr. Mr. POMEROY, Mr. FOLEY, Ms. HART, CARSON of Indiana, Mrs. JONES of Ohio, and BRADY of Pennsylvania, Mr. FORD, Ms. Mr. DELAY, Mr. BRYANT, Mr. GOOD- Ms. NORTON. MCKINNEY, Mrs. DAVIS of California, Mr. WU, LATTE, Mr. JENKINS, Mr. CANNON, Mr. H.R. 938: Mr. JACKSON of Illinois. Mr. JACKSON of Illinois, Mrs. CLAYTON, Mr. GREEN of Wisconsin, Mr. KELLER, H.R. 1005: Mr. SOUDER. FROST, Mr. RANGEL, Mr. MCDERMOTT, Mr. Mrs. JOHNSON of Connecticut, Mr. H.R. 1081: Mr. WOLF and Mr. TAYLOR of HINCHEY, Mr. NADLER, Mr. MCGOVERN, Mr. STEARNS, Mr. NUSSLE, Mrs. CAPITO, Mississippi. THOMPSON of California, Mr. HONDA, Mr. Mr. GILCHREST, Mr. CULBERSON, Mr. H.R. 1086: Ms. NORTON. OWENS, and Mr. KUCINICH. WELLER, and Mr. UPTON): H.R. 1108: Mr. FOLEY and Mrs. TAUSCHER. H.R. 3478: Mr. THOMPSON of California, Mr. H.R. 4623. A bill to prevent trafficking in H.R. 1109: Mr. COLLINS, Mr. MCCRERY, Mr. HAYES, and Mr. CALVERT. child pornography and obscenity, to pro- HERGER, Mr. KINGSTON, and Mr. SIMMONS. H.R. 3491: Mr. ENGLISH. scribe pandering and solicitation relating to H.R. 1177: Mr. ACKERMAN. H.R. 3521: Mr. ACKERMAN. visual depictions of minors engaging in sexu- H.R. 1213: Mr. STRICKLAND. H.R. 3524: Mr. RODRIGUEZ. ally explicit conduct, to prevent the use of H.R. 1268: Mr. FOLEY. H.R. 3552: Mr. PALLONE, Mr. DOYLE, and child pornography and obscenity to facilitate H.R. 1309: Mr. HOUGHTON. Ms. CARSON of Indiana. crimes against children, and for other pur- H.R. 1343: Mr. SWEENEY. H.R. 1353: Mr. THUNE. H.R. 3569: Mrs. JO ANN DAVIS of Virginia. poses; to the Committee on the Judiciary. H.R. 3631: Ms. ESHOO. By Mrs. TAUSCHER (for herself and H.R. 1465: Mr. ABERCROMBIE. H.R. 1475: Mr. MASCARA. H.R. 3663: Mr. ACKERMAN. Mr. SPRATT): H.R. 3686: Ms. CARSON of Indiana. H.R. 1581: Mr. PRICE of North Carolina, Mr. H.R. 4624. A bill to promote the non-pro- H.R. 3729: Ms. SOLIS, Mrs. LOWEY, and Mr. SHAYS, Mrs. MYRICK, and Mr. HOUGHTON. liferation of nuclear weapons and other SANDERS. H.R. 1613: Ms. HARMAN and Mr. LARSON of weapons of mass destruction; to the Com- H.R. 3747: Mr. MORAN of Virginia. Connecticut. mittee on International Relations, and in ad- H.R. 3794: Mr. MORAN of Virginia, Ms. H.R. 1651: Mr. MASCARA. dition to the Committee on Armed Services, SCHAKOWSKY, Mr. HINCHEY, Ms. PELOSI, and H.R. 1759: Mr. PRICE of North Carolina. for a period to be subsequently determined Mr. RAMSTAD. H.R. 1764: Mr. OBERSTAR. by the Speaker, in each case for consider- H.R. 3804: Mr. GILCHREST, Mr. FRANK, Ms. H.R. 1808: Mr. MASCARA, Ms. VELAZQUEZ, ation of such provisions as fall within the ju- KAPTUR, Mr. MCDERMOTT, Ms. WOOLSEY, Ms. Mr. GUTIERREZ, Mr. LAMPSON, Mr. CAPUANO, risdiction of the committee concerned. RIVERS, Mr. ABERCROMBIE, Mr. DEFAZIO, Mr. Mr. COSTELLO, and Mrs. MINK of Hawaii. By Mr. KENNEDY of Minnesota (for GEORGE MILLER of California, Mr. RAHALL, H.R. 1822: Mr. PASTOR. himself, Mr. GUTKNECHT, Mr. Mr. MCGOVERN, Mrs. MALONEY of New York, H.R. 1861: Mr. LAFALCE. RAMSTAD, Ms. MCCOLLUM, Mr. SABO, Mr. KUCINICH, Mr. SAWYER, Ms. MCCOLLUM, H.R. 1873: Mr. KIND. Mr. LUTHER, Mr. PETERSON of Min- Mr. TIERNEY, Mr. ALLEN, Mr. DAVIS of Illi- H.R. 1904: Mr. HALL of Ohio. nesota, and Mr. OBERSTAR): nois, and Mr. LEWIS of Georgia. H.R. 1935: Mr. BOUCHER, Mr. CROWLEY, Mr. H. Con. Res. 391. Concurrent resolution H.R. 3805: Mr. PENCE and Mr. DELAY. SCOTT, Mr. THOMPSON of Mississippi, Mr. honoring the University of Minnesota Golden H.R. 3831: Ms. CARSON of Indiana. TIBERI, Ms. KILPATRICK, Ms. RIVERS, Mr. Gophers men’s hockey and wrestling teams H.R. 3833: Mr. WYNN, Mr. WELLER, and Mr. PORTMAN, Mr. DEMINT, Mr. STUPAK, Ms. ROS- and the University of Minnesota-Duluth POMEROY. LEHTINEN, and Mrs. ROUKEMA. Bulldogs women’s hockey team for winning H.R. 3834: Mr. LEVIN, Mr. KANJORSKI, Mr. H.R. 1983: Mr. CANNON. the 2002 National Collegiate Athletic Asso- RADANOVICH, Mr. WAMP, Mr. MCDERMOTT, H.R. 2029: Mr. MCCRERY. ciation championships; to the Committee on Mr. THUNE, Mr. LEACH, and Mr. ROSS. H.R. 2055: Mr. DAN MILLER of Florida. Education and the Workforce. considered and H.R. 3884: Ms. SCHAKOWSKY. H.R. 2117: Mr. STARK, Mr. JONES of North agreed to. H.R. 3887: Mr. MCGOVERN, Ms. VELAZQUEZ, Carolina, and Mr. EVANS. By Mr. STARK: Mr. UDALL of Colorado, and Ms. ROYBAL-AL- H.R. 2161: Mr. HOLDEN and Mr. SMITH of H. Con. Res. 392. Concurrent resolution to LARD. Washington. protect private decisions about marriage; to H.R. 3895: Mr. FORBES. H.R. 2173: Ms. MCCOLLUM and Mrs. CAPPS. the Committee on Education and the Work- H.R. 3898: Mrs. CHRISTENSEN. H.R. 2357: Mr. WELLER. force. H.R. 3899: Mr. BISHOP. H.R. 2466: Mr. PRICE of North Carolina, Mr. By Mr. SIMMONS (for himself, Mr. H.R. 3915: Mrs. MORELLA. BENTSEN, Mr. MCINNIS, Mr. LAHOOD, and Mr. SHAYS, Mrs. JOHNSON of Connecticut, H.R. 3916: Mrs. MINK of Hawaii and Mr. COLLINS. Mr. LARSON of Connecticut, Ms. TOWNS. H.R. 2487: Mr. NEAL of Massachusetts and DELAURO, and Mr. MALONEY of Con- H.R. 3932: Mr. GREENWOOD, Mr. SABO, Mr. Mr. OLVER. necticut): HALL of Ohio, and Mr. DELAHUNT. H.R. 2570: Ms. VELAZQUEZ, Mr. RAHALL, and H. Res. 401. A resolution congratulating H.R. 3961: Mr. BLAGOJEVICH. Ms. BROWN of Florida. the University of Connecticut Huskies for H.R. 3973: Mr. PAUL. H.R. 2623: Mrs. BIGGERT. winning the 2002 National Collegiate Ath- H.R. 3976: Mr. FRANK. H.R. 2638: Mr. SHOWS, Mr. WU, Mr. VITTER, letic Association Division I women’s basket- H.R. 3995: Mr. KENNEDY of Minnesota, Mr. Mr. BONILLA, and Mr. SCHAFFER. ball championship; to the Committee on WHITFIELD, Mrs. JOHNSON of Connecticut, Mr. H.R. 2662: Mr. MCDERMOTT. Education and the Workforce. considered and UPTON, Ms. PRYCE of Ohio, and Mr. YOUNG of H.R. 2735: Mr. AKIN, Mr. SWEENEY, and Mr. agreed to. Alaska. PASTOR. H.R. 4000: Mr. WAMP and Mr. FARR of Cali- f H.R. 2763: Mr. BROWN of South Carolina. fornia. PRIVATE BILLS AND H.R. 2788: Mr. PAYNE and Mr. BISHOP. H.R. 4003: Mr. HINCHEY. RESOLUTIONS H.R. 2820: Mr. MARKEY, Ms. KILPATRICK, H.R. 4012: Mr. RADANOVICH. Mr. HOYER, Mr. BISHOP, Mr. ENGEL, Mr. H.R. 4017: Mr. GUTIERREZ, Mr. HINCHEY, Mr. Under clause 3 of rule XII, OLVER, and Ms. LOFGREN. MCGOVERN, Mr. SNYDER, Mr. WEXLER, Mr. H1770 CONGRESSIONAL RECORD — HOUSE April 30, 2002

FILNER, Mr. LIPINSKI, Mr. BILIRAKIS, Mr. H.J. Res. 90: Ms. SANCHEZ. ‘‘(g)(1) As a condition of providing assist- FRANK, and Mr. GONZALEZ. H. Con. Res. 238: Mr. BROWN of South Caro- ance to a company in connection with a H.R. 4018: Ms. BALDWIN. lina. transaction entered into on or after the date H.R. 4043: Mr. BURTON of Indiana. H. Con. Res. 271: Mr. FERGUSON. of the enactment of this subsection, the H.R. 4055: Mr. DAN MILLER of Florida. H. Con. Res. 315: Mr. JONES of North Caro- Bank shall require the company to submit to H.R. 4066: Mr. BARTLETT of Maryland, Mr. lina. the Bank the following information on an MORAN of Virginia, Mr. GREEN of Texas, Mr. H. Con. Res. 336: Mr. GEORGE MILLER of annual basis: OLVER, Mr. KIRK, Mr. HALL of Ohio, Mr. FIL- California. ‘‘(A) The number of individuals employed H. Con. Res. 345: Mr. BAIRD. NER, and Mr. PLATTS. by the company in the United States and its H. Con. Res. 350: Mr. HEFLEY and Mr. H.R. 4071: Mr. DEUTSCH. territories. COBLE. H.R. 4073: Mr. ROEMER, Mr. HYDE, Mr. LAN- ‘‘(B) The number of individuals employed H. Con. Res. 386: Mr. EHRLICH and Mr. GUT- TOS, and Mr. HOUGHTON. by the company outside the United States KNECHT. H.R. 4078: Mr. ACEVEDO-VILA, Mr. TIBERI, H. Con. Res. 389: Mr. GUTKNECHT, Mr. and its territories. and Mr. BLUMENAUER. RAMSTAD, Ms. MCCOLLUM, Mr. SABO, Mr. LU- ‘‘(C) A description of the wages and bene- H.R. 4098: Mr. MARKEY. THER, Mr. PETERSON of Minnesota, and Mr. fits being provided to the employees of the H.R. 4099: Mr. CALLAHAN. OBERSTAR. company in the United States and its terri- H.R. 4163: Mr. HINCHEY, Ms. CARSON of Indi- H. Con. Res. 390: Mr. ISRAEL, Mr. GILMAN, tories. ana, Mr. FORD, and Mr. MCGOVERN. Mr. WALSH, Mr. MCGOVERN, Mr. MEEHAN, Mr. ‘‘(2)(A) Beginning 1 year after the Bank H.R. 4209: Mrs. CAPPS, Mr. WAXMAN, Mr. BONIOR, and Mr. MCNULTY. SHAW, Mr. DEUTSCH, and Mr. UDALL of Colo- provides assistance to a company in connec- H. Res. 269: Mr. ISRAEL. tion with a transaction entered into on or rado. H. Res. 393: Mrs. MORELLA, Mr. ENGLISH, O IONDO after the date of the enactment of this sub- H.R. 4447: Mr. L B . Mr. SHERMAN, Mr. MCGOVERN, Mr. GRUCCI, O IONDO section, the company shall, on an annual H.R. 4448: Mr. L B . Mr. HOLDEN, Mr. CANTOR, Mr. SWEENEY, and H.R. 4481: Mr. OBERSTAR, Mr. LIPINSKI, and basis, provide the Bank with a written cer- Mr. SHAYS. tification of— Mr. BAKER. H. Res. 400: Mr. WELDON of Florida, Mr. ‘‘(i) the percentage of the workforce of the H.R. 4483: Mr. WAMP, Mr. LINDER, Mr. GREENWOOD, Mr. CASTLE, Mr. HINCHEY, and company employed in the United States or GUTIERREZ, Mr. PENCE, Mr. LAMPSON, Mr. Mr. WAXMAN. WILSON of South Carolina, Mr. ADERHOLT, its territories that has been laid off or in- f Mr. MCGOVERN, Mr. BERMAN, Mr. WEINER, duced to resign from the company during the Mr. WEXLER, Mr. RAMSTAD, Mr. SWEENEY, DELETIONS OF SPONSORS FROM preceding year; and and Mr. FOLEY. PUBLIC BILLS AND RESOLUTIONS ‘‘(ii) the percentage of the total workforce H.R. 4496: Mr. CALLAHAN. of the company that has been laid off or in- H.R. 4498: Mr. CALLAHAN. Under clause 7 of rule XII, sponsors duced to resign from the company during the H.R. 4515: Mr. OBERSTAR. were deleted from public bills and reso- preceding year. H.R. 4524: Ms. SCHAKOWSKY, Mr. ENGLISH, lutions as follows: ‘‘(B)(i) If, in the certification provided by Mrs. MEEK of Florida, and Mr. MCGOVERN. H.R. 1950: Mr. DAVIS of Illinois. the company, the percentage described in H.R. 4582: Mr. MCGOVERN. f subparagraph (A)(i) is greater than the per- H.R. 4584: Mr. BURR of North Carolina, Mr. centage described in subparagraph (A)(ii), WHITFIELD, and Mr. PICKERING. AMENDMENTS then the company shall be ineligible for fur- H.R. 4585: Mr. BURR of North Carolina, Mr. Under clause 8 of rule XVIII, pro- ther assistance from the Bank until the com- WHITFIELD, and Mr. PICKERING. posed amendments were submitted as pany provides to the Bank a new written cer- H.R. 4592: Ms. PELOSI, Mrs. NAPOLITANO, follows: tification in which, for the year covered by Ms. WATSON, Mr. BERMAN, Mr. FILNER, Mr. the new certification, the percentage de- H.R. 2871 GEORGE MILLER of California, Mrs. scribed in subparagraph (A)(i) is not greater TAUSCHER, Mr. GALLEGLY, Ms. HARMAN, Mr. OFFERED BY: MR. SANDERS than the percentage described in subpara- SCHIFF, Ms. ROYBAL-ALLARD, Mr. RADANO- AMENDMENT NO. 1: At the end of the bill, graph (A)(ii). VICH, and Mr. LANTOS. add the following: ‘‘(ii) If the company does not provide a cer- H.R. 4593: Mr. ISRAEL, Ms. SANCHEZ, Mr. SEC. ll. INFORMATION AND CERTIFICATIONS JOHN, and Mr. SANDLIN. REQUIRED FROM COMPANIES SEEK- tification required by subparagraph (A), or H.R. 4600: Mrs. CAPITO, Mr. SESSIONS, Mr. ING OR RECEIVING NEW ASSIST- provides a false certification under this para- PITTS, and Mr. WAMP. ANCE. graph, then 60 days thereafter the Bank shall H.R. 4608: Mr. RYUN of Kansas and Mr. Section 2 of the Export-Import Bank Act of withdraw all assistance from the company, MOORE. 1945 (12 U.S.C. 635) is further amended by and the company shall thereafter be ineli- H.J. Res. 40: Mr. SWEENEY. adding at the end the following: gible for assistance from the Bank.’’. 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

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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 ’’.

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(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:

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‘‘ 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:

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‘‘ 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 April 30, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E661 EXTENSIONS OF REMARKS

TRIBUTE TO THE ORRSTOWN hundred and fifty year anniversary. I wish the Guam who work to preserve our natural ma- LODGE NO. 262 F & A.M. members of this extraordinary organization the rine and terrestrial resources, to achieve clean very best in the years to come. air, land, and water, and to protect the natural HON. BILL SHUSTER f environment on our island. OF PENNSYLVANIA f ON THE 32ND ANNIVERSARY OF IN THE HOUSE OF REPRESENTATIVES EARTH DAY THE PACIFIC HIGHLY MIGRATORY Tuesday, April 30, 2002 SPECIES CONSERVATION ACT OF Mr. SHUSTER. Mr. Speaker, I rise today to HON. ROBERT A. UNDERWOOD 2002 pay tribute to the Orrstown Lodge No. 262 F OF GUAM & A.M. for their one hundred and fiftieth anni- IN THE HOUSE OF REPRESENTATIVES HON. DUNCAN HUNTER versary. On March 1st, 1852, the Grand OF CALIFORNIA Lodge of Pennsylvania granted a charter for Tuesday, April 30, 2002 IN THE HOUSE OF REPRESENTATIVES the establishment of a masonic lodge in Mr. UNDERWOOD. Mr. Speaker, as the Tuesday, April 30, 2002 Orrstown. The charter members were: Henry 32nd anniversary of Earth Day was recently Mr. HUNTER. Mr. Speaker, today I am Ruby, John Orr, James B. Orr, William Orr, celebrated, it was wonderful to note how envi- William F. Breckenridge, Joseph Johnston, proud to introduce the Pacific Highly Migratory ronmental conservation issues have become Species Conservation Act of 2002, which John Wunderlich, and Jacob Heck, who all part of the public consciousness. The grass- lived in Orrstown and the vicinity. James B. amends the Magnuson-Stevens Fishery Con- roots movement that established the environ- servation and Management Act to keep the Orr, the first Worshipful Master, and the seven ment as an important political issue in the other charter members, desired a lodge in West Coast Exclusive Economic Zone (EEZ) 1970s has brought lasting changes on both free of pelagic long-line fishing. their own town, not just for more accessibility, the national and local level. In Congress, the but because they knew that the community of For those new to the issue, pelagic long-lin- need for environmental legislation has resulted ing is a fishing method that uses long-lines Orrstown would uphold the values, traditions, in the passage of the Clean Air Act, the Clean and beliefs of Freemasonry. On May 6th, the more than 20 miles in length, which are sus- Water Act, the Federal Environmental Pes- first meeting of the masonic lodge of Orrstown pended horizontally over the water by surface ticide Control Act, the Endangered Species came to order and opened in Ancient form. floats. Attached to that long-line are lines and Act, and the Safe Drinking Water Act. On the They would meet on the first and third Thurs- hooks that dangle vertically in the water for as local level, communities all over the nation, in- day of the month until November 20, 1879, long as twelve hours. Those baited hooks are cluding those in my district of Guam, continue when they became a moon lodge. Since that meant to catch highly migratory species of fish to celebrate Earth Day. time they have met on the Thursday night on such as swordfish and tuna, but they have the Our local environmental agency, the Guam or before a full moon. unintended consequence of also catching I would like to impress upon my colleagues Environmental Protection Agency (GEPA), has many other sea creatures swimming by in that although their longevity is impressive, the organized numerous activities to celebrate search of a meal. On the East Coast, the spe- traditions and values that have been passed Earth Day. The programs planned by GEPA cies that are caught in this gear by mistake on through these years are their most notable embrace the theme ‘‘Environmental Education (called by-catch) include endangered sea tur- achievements. Freemasons began as a soci- is for Everyone’’. All the activities promote en- tles, dolphins, pilot whales, porpoises and ety that was based on the principles of moral- vironmental awareness and the idea that indi- even sea birds. These creatures are stuck on ity and brotherhood. A society in which edu- vidual action makes a difference. GEPA is the longline until it is reeled in, which takes cation and charity are bricks in the foundation celebrating Earth Day by holding activities several hours. Many cannot withstand the long of their existence and altruism is central in the through the month of April. Projects include is- soak time while stuck on the line, and they character of its members. A mason is a man land wide trash clean-ups, hazardous waste have no escape from predators. of integrity and honor. Attributes that are not and ‘white good’ collections, and a Run/Walk/ A lesson from history is proof of the need to only beneficial to the man who possesses Jog to raise environmental awareness. Other address this problem: For over 150 years on them but to the community where the man re- planned activities include a young person’s art the East Coast, commercial swordfish har- sides. The Orrstown Lodge has been instru- competition to illustrate environmental success pooners maintained a strong viable fishery by mental in helping to develop such qualities. stories sponsored by the United Nations, and targeting fish that were adults and that have In the popular Masonic book ‘‘The Builders,’’ two coral reef clean-ups to be performed by spawned more than once. After the introduc- author Joseph Fort Newton answers the ques- local scuba divers. Today, I wish to congratu- tion of drift long-lining in the late 1960s, tion: ‘‘When is a man a Mason?’’ He writes, late and commend GEPA’s efforts to improve swordfish and marlin stocks decreased at a ‘‘When he can look out over the rivers, the the state of the environment on Guam. rapid rate. In fact, it took less than 30 years hills and the far horizon with a profound sense Environmental protection and resource con- to virtually bring these species to their dan- of his own littleness in the vast scheme of servation help make the planet a healthy place gerously low levels of today. We have a thriv- things, and yet have faith, hope and courage, to live and save critical resources for the fu- ing harpoon industry in California with excep- which is the root of every virtue * * *. When ture. Thus, our actions today benefit not only tionally high quality product that should be he knows how to sympathize with men in their ourselves, but the generations yet to come. As protected. sorrows, yea even in their sins—knowing that we say in Chamorro, ‘‘Prutehi i tano’-ta’’: we Congress has debated how to restrict or each man fights a hard fight against many must protect our land. eliminate the use of the pelagic long-line gear odds. When he has learned how to make Earth Day is an important reminder that we in East Coast and Gulf of Mexico waters over friends and to keep them and above all, how must all work together to sustain our island re- the last three years. Unfortunately, the Na- to keep friends with himself * * *. When he sources and to remember that every action tional Marine Fisheries Service is considering knows how to pray, how to love, how to hope. does make a difference, On the national level, allowing the experimental use of these non-se- When he has kept faith with himself, with his I will continue to advocate for the environment lective and destructive long-lines within the God; in his hand a sword for evil, in his heart and the people of Guam, supporting bills that 200 mile West Coast EEZ. This would have a a bit of a song; glad to live, but not afraid to promote wise management of our coastal devastating impact on all West Coast pelagic die. Such a man has found the only secret of zone, protect our resources, and conserve our fisheries, but most particularly in California, Freemasonry, and the one which it is trying to coral reefs. However, it is the actions of local where long-lining has not been previously per- give to all the world.’’ The world would be a agencies and people who effect real environ- mitted. better place if only we had more of such men. mental change. On this anniversary of Earth My bill will protect the species in the West Mr. Speaker, I urge you to join me In con- Day, I would like to thank the Guam Environ- Coast waters from long-line gear, remove pe- gratulating the Orrstown Lodge on their one mental Protection Agency and the people of lagic longline gear from the West Coast EEZ

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

VerDate 112000 05:27 May 01, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A30AP8.000 pfrm01 PsN: E30PT1 E662 CONGRESSIONAL RECORD — Extensions of Remarks April 30, 2002 from the Canadian border with Washington This month, Mr. Darmanian’s peers recog- TRIBUTE TO SALLY ANN ROBISON State to the Mexican border with California. nized him for his fifty years of altruistic service Our marine ecosystems will be protected from to his community, wherein he served as direc- the devastating impact of the gear and serve tor of the Armenian National Committee (ANC) HON. JOHN T. DOOLITTLE as a successful example of sound fisheries of Central California from 1988 to 1996 and as OF CALIFORNIA management. In California’s commercial fish- an educator and administrator in the Fresno eries, there are more selective ways to target Unified School District since 1952. IN THE HOUSE OF REPRESENTATIVES economically valuable pelagic species. We Mr. Darmanian is a respected leader whose Tuesday, April 30, 2002 should not let the mistakes made in the East efforts championed the vision of an estab- Coast and Gulf of Mexico waters replicate lished Armenian community in the San Joa- Mr. DOOLITTLE. Mr. Speaker, today I wish themselves on the West Coast. quin Valley. Twenty-five years ago, he was in- to remember and honor a woman who was a f strumental in founding the Armenian Commu- leader in public education in Northern Cali- nity School of Fresno, an institution that has CELEBRATING THE 90TH ANNIVER- fornia, Mrs. Sally Ann Robison. After a lifetime helped to teach Armenian children their herit- of dedication to her family, faith, and students, SARY OF GIRL SCOUTS OF THE age and language. USA Sally passed away on April 25, 2002. She was At a time when leadership is in high de- 58 years old. mand, Mr. Darmanian is a beacon to the HON. GERALD D. KLECZKA young, enabling a new generation of leaders. The former Sally Ann Franklin was born in Riverside, California, on September 30, 1943, OF WISCONSIN His work has brought the Central Valley a to Albert John Franklin and Mary Jane Rich- IN THE HOUSE OF REPRESENTATIVES deeper understanding and appreciation of the Armenian culture. ards. She grew up in the Cities of Stockton Tuesday, April 30, 2002 Mr. Speaker, I ask that you and my distin- and Sacramento, where she attended C.K. Mr. KLECZKA. Mr. Speaker, I congratulate guished colleagues join me in congratulating McClatchy High School and Sacramento City the Girl Scouts of the USA this year for their Mr. Richard Darmanian on being recognized College. After graduating from California State 90th anniversary. Since 1912, the Girl Scouts by the Armenian National Committee of Cen- University, Chico, Sally earned a Master of have strived to help all girls grow strong by tral California. His commitment and dedication Arts degree in education from California State teaching them to develop to their true poten- to the entire community deems him more than University, Sacramento. With this training, she tial. Through girl scouting, girls acquire self- worthy of this acclamation. I wish him contin- forged a lifetime of public service in the field confidence and expertise, take on responsi- ued success, both personally and profes- of education. bility, and are encouraged to think creatively: sionally. Her long and distinguished career as an ed- all qualities essential for good citizens and f ucator spanned from North America’s Pacific leaders. HONORING MYRON PITTMAN ON Coast to Western Europe, and from the class- Today, with a membership of 3.8 million, the HIS 102ND BIRTHDAY room to the boardroom. While stationed in Girl Scouts are the largest organization for Germany with her husband, Air Force Acad- girls in the world. Of that 3.8 million, almost emy graduate Jim T. Robison, Sally taught one million of those are adult volunteers, who HON. MICHAEL G. OXLEY school for six years. Upon returning to Cali- dedicate their time and enthusiasm to ensure OF OHIO fornia, she was an instructor for three years in that Girl Scouting is available to every girl in IN THE HOUSE OF REPRESENTATIVES the Sacramento City Unified School District every community, reaching beyond racial, eth- Tuesday, April 30, 2002 and for one year in Gridley, California. Then, nic, socioeconomic or geographic boundaries. Mr. OXLEY. Mr. Speaker, it is my honor for 22 years, she taught at Noralto Elementary Scouting encourages girls to study fields today to pay tribute to a distinguished resident School in the North Sacramento Unified that are typically male dominated, such as of Bucyrus, OH, on the occasion of his 102nd School District. Most recently, she taught kin- science, technology, health and sports. Of the birthday. dergarten for six years at Pasadena Avenue more than 50 million women who are Girl Myron J. Pittman was born on April 30, Elementary School in the San Juan Unified Scout Alumnae, over two-thirds are doctors, 1900, in northwest Ohio. He graduated from School District. lawyers, educators, or community leaders—in- high school in 1918, and subsequently went to Aside from her efforts in the classroom, Sal- cluding many Congresswomen. Former Girl work for the Ohio State University, checking ly’s passion for teaching children to read led Scouts include Eileen Collins, the first female and reporting on dairy herd production her to serve on the California State Textbook space shuttle commander, Olympic Gold Med- throughout the State of Ohio. Mr. Pittman later Adoption Committee. Additionally, she was allist Jackie Joyner-Kersee and Senator HIL- attended Otterbein College—until, as he says, greatly concerned with higher education. Since LARY RODHAM CLINTON. he ‘‘ran out of money.’’ December 1992, she served on the Sierra For 90 years, Girl Scouts have paved the He moved to Crawford County in the mid- College Board of Trustees. Thus, she had a way for girls of all ages, empowering them to 1930s and ran a dairy farm there through the role in shaping the lives of students from kin- become leaders, and community activists. 1960s. At various times, Mr. Pittman also dergarten to college, the beginning and ending Through their dedication, Girl Scouts have im- worked as a rural mail carrier and for the Ohio of one’s academic experience. proved our communities, and adults have real- Department of Highways. A dedicated commu- ized they can be positive role models to chil- nity supporter, he served as a member of the Being both socially-conscious and socially dren. Many thanks and congratulations to the Whetstone Local School District Board of Edu- active, Sally belonged to many community or- Girl Scouts for their invaluable achievements cation for 9 years. Mr. Pittman is a longtime ganizations. These included the San Juan over the last 90 years. member of Woodlawn United Methodist Teachers Association, the California Teachers f Church in Bucyrus. Association, the National Education Associa- Mr. Pittman and his wife Opal enjoyed more tion, and the South Placer County Republican RECOGNIZING RICHARD than 74 years of marriage before she passed Women, Federated. While known for her quiet, DARMANIAN away in 2000. He has two daughters, Mary friendly demeanor, Sally also had great integ- Gast of Marion County and Barbara rity and a steely resolve. Standing for what HON. CALVIN M. DOOLEY Quaintance of Crawford County, and enjoys was right at all times was important to her, OF CALIFORNIA spending time with his 4 grandchildren and 4 even if it meant standing alone. IN THE HOUSE OF REPRESENTATIVES great-grandchildren. Most importantly, Sally Robison was de- Mr. Pittman is in good health and takes no Tuesday, April 30, 2002 voted to her family and was a committed medications. He has a sharp mind, and keeps member of the Sunset Christian Center in Mr. DOOLEY of California. Mr. Speaker, I a close eye on the goings-on in Washington. Rocklin, California. rise today to recognize the accomplishments His voting record is truly inspirational: he has of Richard Darmanian, an exemplary citizen voted in every Presidential election since the She is survived by her husband of 32 years, deeply admired by all who have worked with Coolidge/Davis contest of 1924. Jim, her daughters, Amy and Ashley Robison, him, especially members in the Armenian I know that my colleagues join me in salut- and her granddaughter, Alexis Robison. I join community throughout California and the ing Mr. Pittman’s contributions to his commu- with her family, friends, and community in United States for his assiduous devotion as an nity and in wishing him a happy 102nd birth- mourning her passing. educator and community leader. day. May you rest in peace, Sally.

VerDate 112000 05:27 May 01, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A30AP8.003 pfrm01 PsN: E30PT1 April 30, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E663 HONORING DONNA LLOYD She has served as President of the Women RECOGNITION OF THE TWENTIETH Police of Western Pennsylvania and of the ANNIVERSARY OF THE WHITE- HON. DALE E. KILDEE East Liberty Business & Professional Wom- HEAD INSTITUTE OF MICHIGAN en’s Club. She has served on a number of IN THE HOUSE OF REPRESENTATIVES boards, including the boards of Pittsburgh HON. MICHAEL E. CAPUANO Tuesday, April 30, 2002 Community Services, the Center for Victims of OF MASSACHUSETTS Mr. KILDEE. Mr. Speaker, I rise today to Violent Crimes, United Cerebral Palsy, Three IN THE HOUSE OF REPRESENTATIVES pay tribute to the Executive Director of Com- Rivers Youth, and the Parental Stress Center. Tuesday, April 30, 2002 munity Home Health Hospice, Donna Lloyd. She is a member of a number of other civic Donna is leaving her position after sixteen organizations as well. Mr. CAPUANO. Mr. Speaker, twenty years is not a long time as historic institutions go in years providing end-of-life care. Today is Commander Elliott’s last day on Donna Lloyd has worked tirelessly to ensure Cambridge, Massachusetts, but it’s an epoch the dying are given comfort and a high quality the job. Upon her retirement, she will be work- in a rapidly evolving field like biomedicine. In of life. Under her direction Community Home ing on a new project—Gwen’s Girls, a local the past 20 years, science has begun to un- Health and Hospice has maintained a signifi- agency with a mission to reach out and help derstand diseases, such as cancer and HIV/ cant place in the health care community of at-risk adolescent girls. On behalf of the peo- AIDS, at the molecular level and illuminated Michigan. Aiding patients in Genesee, Oak- ple of Pennsylvania’s 14th Congressional Dis- the processes that impel human growth and land, Livingston, Shiawassee and Lapeer trict, I want to commend Commander Elliott for development. It has begun to use the regen- Counties, it has served as a role model for her many years of dedicated public service erative powers of the body’s own stem cells other community based hospices. Currently and wish her well in this new endeavor. for therapeutic purposes. occupying a 19,000 square foot facility, pa- The Whitehead Institute in Cambridge, Mas- tients may live out the remainder of their days f sachusetts, has been significantly involved in in a familiar and home-like setting. all these advances. Jack Whitehead, a vision- Over the years, Donna has been recognized TRIBUTE TO RON CAWDREY ary businessman and entrepreneur, made as a leader in the hospice movement. She possible its creation. Endowed by a major gift was nominated for the ‘‘Heart of Hospice‘‘ from Mr. Whitehead, and with continuing sup- award by the National Hospice Organization in HON. GRACE F. NAPOLITANO port and guidance from the Whitehead family, 1993. She helped write the standards and reg- the Whitehead Institute celebrates two dec- ulations for Hospice Residences in Michigan. OF CALIFORNIA ades of remarkable progress and looks for- Her experience organizing, and expanding a IN THE HOUSE OF REPRESENTATIVES ward to a future on the very frontiers of hospice gave her a unique perspective for this science. work. Tuesday, April 30, 2002 Researchers at Whitehead are among the Mr. Speaker, I ask the House of Represent- Nation’s best competitors for competitive re- Mrs. NAPOLITANO. Mr. Speaker, I rise atives to join me today in congratulating search dollars. Often, their work pushes the today to honor and pay tribute to Ron Donna Lloyd as she begins a new phase of boundaries of established academic dis- her life. Her compassion for the dying has Cawdrey, a remarkable community activist and ciplines and explores problems that are part benefited everyone. public servant who recently passed away at chemistry, part biology, part engineering, part f the age of 65. As we join his family and computing, not quite ‘‘owned’’ or funded by friends and mourn for their loss, it is only ap- any single field. Yet it is this kind of inquiry RETIREMENT OF PITTSBURGH PO- propriate that we remember Ron and his sig- that often yields the greatest breakthroughs: LICE COMMANDER GWEN EL- nificant contributions to the community. the whole may be far greater than the sum of LIOTT Ron Cawdrey served as an officer on al- its parts. The Whitehead encourages and par- most all the civic organizations in the City of ticipates in imporant collaborations—between HON. WILLIAM J. COYNE disciplines, between institutions, and even be- Redondo Beach: the Rotary Club, the Cham- OF PENNSYLVANIA tween countries. ber of Commerce, the Redondo Beach Round- IN THE HOUSE OF REPRESENTATIVES For the past 20 years, the Institute has de- Tuesday, April 30, 2002 table, the Eagles, the American Legion, the veloped innovative ideas and methods that Knights of Columbus, and most importantly, Mr. COYNE. Mr. Speaker, I rise today to ob- have been adopted by the world scientific the city council are greatly indebted to a man serve that Pittsburgh Police Commander community. Perhaps the most noteworthy has Gwendolyn J. Elliott is retiring after more than whose mission in life was to serve his fellow been an entirely new way to sequence the 25 years of service with the Pittsburgh Bureau citizens. Few individuals have been more de- human genome and uncover the genetic of Police. voted to their hometown than Ron has to Re- codes that make our bodies what they are. Commander Elliott has a long and com- dondo Beach, a fact that was recognized The Center for Genome Research at White- mendable career of public service. She served when he was presented the first Mayor’s Life- head was a principal contributor to the human from 1964 until 1969 in the United States Air time Community Service Award. gene map unveiled two years ago at the White House. Force. She subsequently served in the Air Na- It is rare to find people whose sense of civic While the Institute’s reach is national and tional Guard from 1969 until 1973 and in the duty, are on par with Ron Cawdrey. At the Army Reserves from 1974 until 1979. She global, I want to note and commend its work young age of 19, Ron began his journey of worked as a Crisis Intervention Counselor at a in Massachusetts. Its distinguished staff finds Massachusetts community-based treatment public service by managing youth baseball time for an annual program of activities for center, and as a mental health counselor, be- teams. He had a six-year interruption when he high school teachers and students, helping fore joining the Pittsburgh Bureau of Police in was drafted and proudly served in the 82nd them understand and benefit from their re- May 1976. After working as a Patrol Officer for Airborne Division of the U.S. Army. Upon his search. Every year, hundreds of local resi- eight years, she was promoted to the rank of return, Ron continued to pursue his passion in dents attend the Whitehead’s science sympo- Sergeant. Two years later, she was promoted community service and became actively in- sium and a regular series of colloquia on to Commander and served as the Night Watch volved with local Democratic politics along issues in science and public policy. Commander commanding five precincts until with the local union, where he ultimately On the occasion of its 20th Anniversary in June 1990. From June 1990 until October she served as vice president of the Communica- 2002, Mr. Speaker, I am pleased to commend served as Commander in Charge of the Office tions Workers of America, Local 9400, rep- the generosity of the Whitehead family that of Family Violence, Youth, and Missing Per- resenting 10,000 members in California. created this great research institute and recog- sons, where she supervised 30 Detectives. nize also the many subsequent donors who She also served as Assistant to the Mayor for Ron Cawdrey will be remembered and have sustained it. The faculty and staff of the Youth Policy from January 1994 to January missed not only by his family but also by a Whitehead Institute may take credit for many 1996. Most recently, she served as the Com- grateful community. Therefore, I ask my col- biomedical advances that promise to assuage mander in Charge of the Zone 3 Station. leagues to join me in paying tribute to Ron human suffering and prolong human life. We Commander Elliott has also been actively Cawdrey for his exemplary service to his com- can look forward with great anticipation to its involved in a number of community activities. munity and his country. future discoveries.

VerDate 112000 05:27 May 01, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A30AP8.007 pfrm01 PsN: E30PT1 E664 CONGRESSIONAL RECORD — Extensions of Remarks April 30, 2002 TO PROTECT PRIVATE DECISIONS that 60 percent of women on welfare have suf- fessional Women has given over $36,000 in ABOUT MARRIAGE fered from domestic violence. As these statis- scholarships. This has enabled many African tics confirm, if government were to encourage American students to pursue further edu- HON. FORTNEY PETE STARK or coerce someone on welfare to get married, cation. I ask the House of Representatives to OF CALIFORNIA it would not guarantee a healthier or safer join me in commending the Club and their IN THE HOUSE OF REPRESENTATIVES family, and it could endanger the lives of members for their contributions to the Pontiac mothers and children. area and their efforts to promote education. Tuesday, April 30, 2002 Not only is government involvement in pro- f Mr. STARK. Mr. Speaker, I rise to introduce moting marriage a potentially dangerous en- a resolution ‘‘To Protect Private Decisions deavor and an unnecessary intrusion of pri- BLOOMFIELD CITIZENS COUNCIL About Marriage.’’ The decision to marry is one vacy, it also takes money away from programs AWARDS of the most personal and important decisions that really do create more stable and healthy that many of us will make in our lifetime. families. HON. WILLIAM J. COYNE When you ask someone to spend the rest of The problems facing poor people on welfare OF PENNSYLVANIA his or her life with you, it should be done out won’t be solved by getting married. What fami- IN THE HOUSE OF REPRESENTATIVES of love, admiration, devotion and respect. lies on welfare need is greater access to Tuesday, April 30, 2002 childcare, healthcare and job training. Evi- Choosing to get married is a truly monumental Mr. COYNE. Mr. Speaker, I rise today to dence shows that an overwhelming obstacle decision and is usually one of the most memo- pay tribute to a number of Pittsburgh residents for welfare parents looking for a job is the lack rable moments of our lives. who will be honored on May 4th with Bloom- of quality, affordable childcare for their chil- Because the decision to marry is such a field Citizens Council Awards. personal one, interference from outside parties dren. Providing better, stable childcare has Every year, the Bloomfield Citizens Council is rarely warranted or appreciated. Many proven working adults in employment. This ap- gives out these awards to recognize members Americans turn to their friends, family or reli- plies to healthcare and job training as well. By of the community who have improved the gious leaders when making a decision about providing better healthcare and more access quality of life in the Bloomfield neighborhood marriage. Others turn only to their future part- to job training, we can equip poor families with of Pittsburgh. I would like to take this oppor- ner. No one, however, turns to the govern- the tools they need to provide for their families tunity to commend the 2002 award winners for ment. And for good reason. Government inter- and have more stable lives. Why should we their efforts to make Bloomfield a better place ference in decisions about marriage is simply waste $300 million coercing people to get to live. not warranted. married when that money could be better Robert Scullion, Jr. has been selected as Unfortunately, President Bush does not spent helping people out of poverty? the 2002 recipient of the Mary Cercone Out- agree. The Bush Administration has proposed The Bush Administration’s marriage pro- standing Citizen Award. This award is given to to spend $30 million dollars to promote mar- motion proposal is misguided, potentially individuals who demonstrate ‘‘an unselfish riage in this year’s welfare reauthorization bill. harmful, and not supported by the American commitment to others and a deep love for the This misguided policy intrudes on private deci- people. The resolution that I am introducing community of Bloomfield.’’ Mr. Scullion, a life- sion between adults and takes needed funs today says it is the sense of Congress that long Bloomfield resident, has demonstrated away from programs that actually help raise government resources not be used to influ- his commitment and love in a great number of poor people out of poverty. ence, promote, or coerce individuals’ private ways, including his efforts on behalf of organi- This year, Congress must consider legisla- decisions about marriage. I hope my col- zations like the Blind Outdoor Leisure Organi- tion to reauthorize the welfare program. The leagues will join with me in supporting this im- zation and the National Alliance for Autistic Temporary Assistance for Needy Families portant resolution and I call on the Bush Ad- Research, his volunteer work for the St. (TANF) program, passed in 1995, helped ministration to reconsider this ill-advised pro- Francis Hospital Ministry and the Prison Min- many citizens find work, but not necessarily posal. istry for Western Penitentiary, and his partici- work that pays a living wage. As we consider f pation in a number of Bloomfield sports reauthorizing TANF, we have an opportunity to HONORING THE PONTIAC NA- leagues. direct our welfare program toward the impor- TIONAL ASSOCIATION OF NEGRO A Community Commitment Award will go to tant goal of lifting the poor out of poverty. The BUSINESS AND PROFESSIONAL Mr. Joseph Covelli, who has served the com- Bush administration, however, would rather WOMEN’S CLUB AWARD RECIPI- munity through his job as Principal of Eliza- push poor people into marriage. ENTS beth Seton Elementary School, as well as his Stable, healthy marriages are very important work on such annual events as the Halloween for raising our children. The very institution of parade and the Bloomfield Citizens Council marriage is a cornerstone of our society and HON. DALE E. KILDEE Marathon Festival. Mr. Covelli also coaches a OF MICHIGAN is a critical element in creating stable families. girls’ softball team, and he has been very ac- IN THE HOUSE OF REPRESENTATIVES Marriage is not for everyone, though. Some tive in church affairs. people simply cannot make marriages work, Tuesday, April 30, 2002 The Bloomfield Citizens will present four in- for personal, religious or other reasons. In Mr. KILDEE. Mr. Speaker, I ask the House dividuals with its Youth Dedication Award this more tragic cases, marriage is literally not safe of Representatives to join me in congratulating year. Mrs. Lisa Thompson Gallagher will re- because of an abusive spouse. Government the recipients of the annual awards presented ceive the Youth Dedication Award for coach- involvement in marriage, therefore, is just not by the Pontiac National Association of Negro ing softball for the Bloomfield Girls Athletic As- appropriate. Business and Professional Women’s Club. sociation for 15 years. Ms. Marlene Scholze The American people agree. According to a The awards will be presented at a luncheon will receive this award for volunteering as a recent Pew Research Center study, 79 per- on May 4th. softball coach for nearly 20 years. Mrs. Bev- cent of Americans believe the government Over the past 37 years the Pontiac Club of erly Helwich was selected to receive a Youth should not develop programs to encourage the National Association of Negro Business Dedication award for her many years of people to marry or remain married. Further- and Professional Women will present the coaching softball and basketball. She also has more, 66 percent of Americans who identify awards to individuals and organizations that volunteered her time to the Immaculate Con- themselves as ‘‘strongly religious’’ believe the have strived to improve the common good of ception Athletic Association, which sponsors government should not interfere with decisions all people. At the ceremony Lillie Nicholas will elementary school football. Mrs. Kim about marriage, according to the same poll. receive the Sojourner Truth Award, Hobert Schimmel Spears will receive a Youth Dedica- The American people clearly do not agree with Maxey will receive the the Frederick Douglass tion Award for her many years of coaching the President’s proposal. Award, the Honorable Brenda Lawrence, Dr. basketball, softball, tee-ball, and Little League. In addition, government interference in pro- Sharon L. Blackman, and Patricia L. Guthery The Bloomfield Citizens Council will again moting or coercing people to marry could have will receive the Black Woman Achiever Award. present a number of awards for Christmas unintended, tragic consequences. According to Donald and Patricia Cordell and Alma M. decorations this year. Mrs. Pat Donatelli Melfi a joint report by the Departments of Justice Bradley-Pettress will receive the Community and her sons will receive the Keeping Christ in and Health and Human Services, 25 percent Service Award. The Ombudswoman Award Christmas Award for the nativity scene they of women said they have been raped or phys- will be presented to Karen Barner. created. Brian and Tresmarie Foulton Scanlon ically assaulted by their current or former Mr. Speaker, the Pontiac Club of the Na- will receive the Most Outstanding and Com- spouse. More alarming still, research shows tional Association of Negro Business and Pro- pletely Decorated Home Award this year. They

VerDate 112000 05:27 May 01, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A30AP8.012 pfrm01 PsN: E30PT1 April 30, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E665 are repeat award winners, having won this world’s largest azalea garden, acclaimed golf, SAM PARKER: NAFTA was originally es- award previously in 1998. Finally, the Most birds of prey program, and a collection of tablished to help solve North America’s Creative Design Award will be presented to plumleaf azaleas, a plant which the Callaway’s problems, increase of trade surplus, standard of living, and better jobs, among other Mrs. Pat and Miss Dana Smith for a decora- rescued from the verge of extinction, Callaway things. Before NAFTA, the U.S. agricultural tion scheme that accented many of the archi- Gardens has been a place of relaxation and trade surplus with Mexico and Canada was tectural features of their home. beauty for generations of Americans. $203 million. Since NAFTA was established In closing, let me just say that all of the indi- Keats once wrote, in 1994, this surplus fell $1.498 million. viduals receiving 2002 Bloomfield Citizens ‘‘A thing of beauty is a joy for ever: What NAFTA does not openly stop our Council awards have made important contribu- Its loveliness increases; it will never economy’s advancement, it has set it far be- tions to the quality of life in Bloomfield. On be- Pass into nothingness; but still will keep hind. NAFTA promised an increase in jobs half of the residents of Bloomfield and the rest for Americans. Not only has this not hap- A bower quiet for us, and a sleep pened, but more than 350 U.S. workers have of the 14th Congressional District, I thank Full of sweet dreams, and health, and quiet lost their jobs. Many of these jobs were given them for their efforts and congratulate them on breathing.’’ to Mexican workers being paid one-third of their selection as recipients of 2002 Bloomfield That is the most appropriate description I what Americans are paid. Citizens Council awards. have ever heard for Callaway Gardens. Another promise of NAFTA was to boost f As the family of Cason and Virginia the agricultural economy. The farming com- Callaway celebrate the 50th anniversary of munity has been given nothing but false IN MEMORY OF KIMBERLY ‘‘KIM’’ hopes with the promise of more jobs. Farm- ANNE HOLLOWAY their parents’ dream, I congratualte them for ing income has declined and consumer prices continuing to make that dream a reality. A have gone up. friend of farmers, environmentalists, and those Although NAFTA and free trade look ap- HON. GRACE F. NAPOLITANO who appreciate beauty, the Callaways have pealing on the outside, the effects are dev- OF CALIFORNIA crafted a marvel of modern day horticulture astating to most working-class persons. IN THE HOUSE OF REPRESENTATIVES and botany in the midst of rural Georgia. I am BECCA VAN HORN: I pledge allegiance to Tuesday, April 30, 2002 the flag of the multinational corporations, pleased to represent the people who work at and to the profit for which they stand, one Mrs. NAPOLITANO. Mr. Speaker, I rise and lead Callaway Gardens, and I am pleased interlocking directorate under no govern- today to honor the memory of a young that such a thing of beauty is located in the ment, indivisible, with monopoly and cheap woman, Kimberly ‘‘Kim’’ Anne Holloway who Third District of the great State of Georgia. labor for all. unexpectedly passed away on March 2, 2002 f This pledge epitomizes the only noticeable due to complications from a kidney infection. I progress of the World Trade Organization. STUDENT CONGRESSIONAL TOWN Free trade, and therefore NAFTA and the ask my colleagues to join me, together with MEETING World Trade Organization, which attempts her family and friends in mourning for her un- to globalize economies without globalizing timely death. human rights, only leads to big corporations Kim was born on June 10, 1974 in Santa HON. BERNARD SANDERS exploiting the Third World. While supporting Monica, California to Daniel and Hilda Hollo- OF VERMONT the capitalists, the big corporations who way. Growing up in LaPuente, California, she IN THE HOUSE OF REPRESENTATIVES benefit most from free trade, the World graduated from William Workman High School Tuesday, April 30, 2002 Trade Organization advances by exploiting the Third World proletarians, opposing and proceeded to Mount San Antonio College. Mr. SANDERS. Mr. Speaker, today, I recog- Kim was an honor student and talented athlete human rights and demands for adequate nize the outstanding work done by participants working conditions. who excelled in soccer and track. To help pay in my Student Congressional Town Meeting The World Trade Organization thrives on for college, she worked as a scheduler at held this spring at the University of Vermont. maintaining the status quo by taking Amer- Disneyland in Anaheim. Kim later transferred These participants were part of a group of ican jobs and giving them to eleven-year-old to California State University at Fullerton, and high school students from around Vermont Indonesian children working in a Nike fac- was looking forward to graduating in June. who testified about the concerns they have as tory for 83 cents per day. Free trade helps Kim loved the simple things in life; literature, teenagers, and about what they would like to the First World, but leaves the poorest with barely .4 percent of all global trade. That is music, movies, and like every other teen, fash- see government do regarding these concerns. ion. But what endeared Kim to her family and barbaric. You do not keep the standard of I respectfully request that the following living for America by exploiting one group of friends was that she was always there when testimonials be included in the CONGRES- people. The Third World has taken an incred- they needed her. Always ready to help out her SIONAL RECORD. ible hit. brother or sisters, or a friend in need. The World Trade Organization supports ON BEHALF OF SAM PARKER, BECCA VAN Mr. Speaker, a person’s life is not measured groups like the International Monetary HORN, AND ELI BRANNON by the length of their stay here on Earth, but Fund, whose only purpose is to loan money REGARDING FREE TRADE rather by the quality of the life they lived. By to countries in dire situations, and then de- (April 8, 2002) this measure, Kimberly Anne Holloway is rich- mand the money back at an incredibly high ELI BRANNON: Free trade is a method for er than many of us could ever become. She interest rate. By supporting organizations countries to trade internationally without like the IMF, and only looking at how the was a dedicated student, a hardworking em- having to worry about tariffs or barriers. rich can flourish, the World Trade Organiza- ployee, a loyal friend, and most importantly, a The first step towards free trade was taken tion is dooming the Third World to never ad- loving daughter. in 1948 with the creation of GAT, the General vance economically. f Agreement Tariffs rate. GAT was formed as This is not an impossible situation. If free a way to provide rules for countries to dis- trade focuses on advancing all social classes, CALLAWAY GARDENS 50TH mantle trade barriers and organize a system it will be beneficial to the First and Third ANNIVERSARY of commercial business. Unfortunately, it worlds. There would be more American jobs, did not live up to expectations. farmers could prosper, and, although big cor- GATT was transformed into the World porations would lose money, they could HON. MAC COLLINS Trade Organization, or WTO, on January 1, begin to cleanse their moral values. OF GEORGIA 1995. Before the World Trade Organization If the Third World is able to focus on trad- IN THE HOUSE OF REPRESENTATIVES was created, North America had already cre- ing with each other and the First World on Tuesday, April 30, 2002 ated its own system of trade, the North an equal basis, their children could go to American Free Trade Agreement, or NAFTA. school and their economy progress. If an or- Mr. COLLINS. Mr. Speaker, on May 21, NAFTA has grown to include Canada, the ganization like the U.N. helped put that 2002 one of Georgia’s treasures will celebrate U.S. and Mexico. Free trade is supposed to eleven-year-old Indonesian child into a plau- its 50th anniversary. Created as a place help support the countries involved. It does sible trade, their population would not be ‘‘prettier than anything since the Garden of create more jobs, lowers taxes on trade, and doomed to factory work at subsistence wages Eden,’’ Cason and Virginia Callaway envi- makes some Second World Nations like and no benefits. sioned a verdant preserve of some of the South Korea and Taiwan want to attend Of course, it would be difficult. But free trade liberalization. However, the advan- trade attempts to globalize only one aspect most beautiful flora and fauna in our nation. tages are overshadowed by the numerous dis- of our world, increasing the disparity in Today, Callaway Gardens is all of that and so advantages, including worker exploitation, every other way. Free trade, and therefore much more. job loss effects on the agricultural commu- NAFTA and the WTO, globalizes economies, Featuring the world’s largest man-made in- nity, and the obvious attempt for corporate not for the betterment of the world, but for land, white-sand beach, a world-class resort, profit. corporations and consumerism, creating a

VerDate 112000 05:27 May 01, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A30AP8.015 pfrm01 PsN: E30PT1 E666 CONGRESSIONAL RECORD — Extensions of Remarks April 30, 2002 never-ending spiral of the rich remaining Knowing of Jack’s commitment to his com- United States. They sought a new life in the rich and the poor remaining poor. munity, his colleagues called on him to be the American West and the freedom to practice ON BEHALF OF RUTH BLAKE executive director of the Pittston Chamber of their religion. This loss of life was one of the REGARDING STRAIGHT TALK VERMONT Commerce. During his tenure, Jack reac- most tragic events in the entire westward mi- (April 8, 2002) tivated the Pittston Area Industrial Develop- gration on the Oregon and Mormon trails in RUTH BLAKE: Straight Talk Vermont is ment Authority as a subsidiary function of the mid-nineteenth century America. one of the programs run out of the Commu- chamber. He has aggressively campaigned to It is obvious that this site holds a special nity Justice Center, and some of the things bring new industry to the region, and he has significance for the many descendants of they are involved in is Arts are Wonderful, a helped publicize Pittston’s strongest assets to those who survived this ordeal, many of whom group of high school students getting to- companies seeking to relocate in the city. Jack are Latter-day Saints. But it is also a holy gether and working on art projects and Grimes has become a valuable partner with place as well for other members of the church learning different types of art. They have a local, county, and State officials who diligently who give special honor to their pioneer herit- Team Reaching In, which is like a song-po- age. etry kind of group. They have Art from the work to revitalize the Greater Pittston area. Inside Out, which is a group of UVM art ma- For all of these reasons, the Friendly Sons of Mr. Speaker, the church’s interest in acquir- jors who are teaching majors, teaching mid- St. Patrick rightly honored Jack as their Man ing this site is consistent with the federal gov- dle schoolers and young students art. And of the Year in 1996. ernment’s interest in public access and preser- the Teen Expressions, which is what I’m part Mr. Speaker, on behalf of the people of the vation of this location. The church has an in- of. It is a group of high schoolers from Greater Pittston area, I extend my deepest ap- terest in preserving this place as an authentic around the area, and they get together, and preciation to Jack Grimes for his lifetime of historic site. It has an interest in maintaining plan different events, and fun things to do, commitment to promoting industrial and busi- relics and evidences of the Mormon, Oregon as something else to do besides drinking and ness development throughout his community. I and Pony Express trails that pass through the drugs and that kind of stuff. Straight Talk Vermont is the overall am pleased to call to the attention of the area. The church also has an interest in mak- thing. They help people at high risk, and it— House of Representatives his service to the ing the area accessible to visitors in a way they just help build and become better. What community and the well-deserved tribute he that will preserve the historic significance of I’m involved in is the Teen Expressions will receive on May 1, and I wish him all the the place. Furthermore, I believe that the Dance Company, and they’re putting on a best. church’s commitment to this site in care, con- dance performance. It is a group of young f cern and funds is likely to be much greater amateur performers. We are just getting to- than that of the federal government, and as a gether and choreographing and dancing, per- THE MARTIN’S COVE LAND TRANS- forming. result the area will be better preserved under FER ACT (H.R. 4103) SHOULD BE Latter-day Saint stewardship than under fed- f ADOPTED BY THE CONGRESS eral control. GRIMES TO BE HONORED BY Finally, Mr. Speaker, I do not see this legis- GREATER PITTSTON CHAMBER HON. TOM LANTOS lation for the transfer of this particular piece of OF CALIFORNIA land to be establishing any precedent for the HON. PAUL E. KANJORSKI IN THE HOUSE OF REPRESENTATIVES sale or transfer of other federal lands. Clearly this is a unique situation. The Church of Jesus OF PENNSYLVANIA Tuesday, April 30, 2002 IN THE HOUSE OF REPRESENTATIVES Christ of Latter-day Saints has an interest that Mr. LANTOS. Mr. Speaker, I rise today to is very similar to the federal interest to pre- Tuesday, April 30, 2002 express my strong support for H.R. 4103, the serve, protect and provide public access to the Mr. KANJORSKI. Mr. Speaker, I rise today Martin’s Cove Land Transfer Act, introduced in site. This land transfer makes eminent sense, to call the attention of the House of Rep- this House by our distinguished colleague but it clearly does not change any federal poli- resentatives to the well-deserved recognition from Utah, Mr. HANSEN, the Chair of the Com- cies or practices regarding the protection and that the Greater Pittston Chamber of Com- mittee on Resources. The legislation directs preservation of public lands. merce will provide to Mr. John F. Grimes, a the Secretary of the Interior to offer to convey Mr. Speaker, I commend my colleague from good friend of mine, at its 80th annual dinner to the Church of Jesus Christ of Latter-day Utah, Mr. HANSEN, for introducing this legisla- meeting on May 1. Saints federal lands in the state of Wyoming tion, and I urge my colleagues to join me in It is with good reason that the Chamber re- known as Martin’s Cove. The Church would supporting it. fers to Jack as its ‘‘secret weapon’’ for attract- be required to pay the fair market value for ac- f ing quality businesses to sites in the Pittston quisition of the land and any improvements. area. He was instrumental in the recently an- Generally speaking, Mr. Speaker, I have RECOGNITION OF VOLUNTEER SKY nounced agreement to bring 1,200 jobs to the strongly supported the acquisition of lands by MARSHALS area at the new TJ Maxx distribution center to the federal government. During the time I have be located in the Vogelbacher Industrial Park. served in this body, I have introduced and HON. DENNIS MOORE In all, the Chamber credits Jack as being re- supported a number of bills which have pro- OF KANSAS sponsible for bringing 4,500 jobs to the Great- vided for the addition of new lands to the IN THE HOUSE OF REPRESENTATIVES er Pittston Area since his involvement began Golden Gate National Recreation Area in Cali- Tuesday, April 30, 2002 with the Chamber. fornia and the acquisition of other lands for Jack has deep roots in the community—he preservation and protection by the federal gov- Mr. MOORE. Mr. Speaker, after the tragic was born in Pittston and has lived there all of ernment. events of September 11th, many dedicated his life. In 1942, after graduating from St. John It may appear to be an unusual step that I Americans served our nation as volunteer Sky the Evangelist High School, Jack began a 21- support this legislation which would provide for Marshals. I recently received a piece of cor- year career with the Lehigh Valley Railroad. the sale of federal lands. The land at Martin’s respondence from one of my constituents, Bob Within just a few years of beginning his career Cove, however, is unique. Clearly the transfer Dremann, whose son John served as a volun- with the railroad, Jack was appointed assistant of this parcel of land from the federal govern- teer Sky Marshal after September 11th. I have division engineer and became the youngest ment to the Mormon Church makes good included a copy of Mr. Dremann’s correspond- person ever to be assigned to that position of sense for all concerned. ence, and agree with him that volunteers like responsibility. During his career, Jack earned Mr. Speaker, this site is a particularly impor- his son John deserve Congress’s recognition two professional licenses: surveyor and civil tant historical site for Latter-day Saints. At or for their service. engineer. near Martin’s Cove in 1856 some 150 emi- Rep. MOORE: My son, John S. Dremann, Although Jack remained very committed to grants of the Willies and Martin handcart com- just completed his detail as a volunteer Sky his job, he has also made community service panies lost their lives in an early fall snow- Marshal. He volunteered shortly after the 9/ a major part of his life. He served as the presi- storm. Those who perished were buried where 11 attacks. They were looking for persons dent of the Lions Club of Pittston, and has they died, and many were placed in common who had federal law enforcement training and those who carried a handgun as a part of been a lector and usher at St. Mary’s Church. graves because of the difficult and trying con- their jobs. He is now being relieved by per- He has also contributed to the city of Pittston ditions. sons who were hired and trained to be a Sky by serving as a member, secretary and presi- Many members of these two groups had Marshal after 9/11. John is now going back to dent of the planning commission over a period begun their trek to Salt Lake City in Europe, his previous job as an Avation Specialist of more than 30 years. and others joined the group in the eastern with the U. S. Customs Service. He flies in a

VerDate 112000 05:27 May 01, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A30AP8.020 pfrm01 PsN: E30PT1 April 30, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E667 corporate jet looking for the bad guys, Sadly missed by the American people. We IN RECOGNITION OF METHODIST breaking laws off the Florida coast. Volun- will never forget their plight. HOSPITAL’S NEW STROKE CENTER teers from other agencies also served as vol- unteer Sky Marshals. They are all returning to their old jobs, but, I feel they deserve our f HON. KEN BENTSEN special thanks for the work that they did to OF TEXAS protect us. The purpose of this note is to en- HONORING THE GRADUATE CLUB IN THE HOUSE OF REPRESENTATIVES AS THEY CELEBRATE THE 100TH courage you to create a Congressional rec- Tuesday, April 30, 2002 ognition program for my son and all of the ANNIVERSARY OF THEIR HOME other brave persons who served as a Sky AT 155 ELM STREET Mr. BENTSEN. Mr. Speaker, I rise to con- Marshal volunteer during the recent emer- gratulate the Texas Medical Center’s Meth- gency. I would not rely on the FAA or Cus- odist Hospital as it dedicates its new Stroke toms to do an adequate job of recognizing HON. ROSA L. DeLAURO Center on May 1, 2002, located in Houston, these persons. Besides, they protected all of Texas. The dedication will provide the hospital us, so wouldn’t it be very appropriate for the OF CONNECTICUT Congress to come up with a recognition pro- with an opportunity to showcase the com- gram. Something he could show his grand- IN THE HOUSE OF REPRESENTATIVES prehensive new facility for the treatment and children someday. Thank you for your help care of stroke patients. on this. Tuesday, April 30, 2002 Founded in 1919, Methodist Hospital, the Sincerely, anchor facility for the Methodist Health Care Ms. DELAURO. Mr. Speaker, it is with great BOB DREMANN. System, has earned nationwide recognition. pride that I rise today to extend my sincere f Methodist Health Care System is a nonprofit, congratulations to New Haven, Connecticut’s comprehensive medical service and health PERSONAL EXPLANATION Graduate Club as they celebrate their 100th care organization. It has expanded the world- anniversary at 155 Elm Street. Throughout its renowned clinical and service excellence of its HON. JOHN R. THUNE history, the Graduate Club has been a social founding entity, Methodist Hospital, through institution in our community—bringing town OF SOUTH DAKOTA community hospitals, a health plan with mul- and gown together for nearly 200 years. tiple products and an acclaimed home health IN THE HOUSE OF REPRESENTATIVES Established in 1892, the Graduate Club was agency. Affiliated with the Texas Conference Tuesday, April 30, 2002 founded to provide a place where faculty and of the United Methodist Church, Methodist Mr. THUNE. Mr. Speaker, on April 24, while graduates could socialize and work. While Health Care System strides to treat everyone fulfilling my responsibilities as a member of there were many clubs, organizations, and it serves as a person of sacred worth and Congress and escorting President Bush to public resorts, they were generally dominated value. As the primary, private, adult teaching hos- South Dakota, I was unable to vote on roll call by undergraduates. Their first president, Arthur pital for Baylor College of Medicine, Methodist votes 107 through 110. If I had been present W. Colton, Yale 1890, with a number of other Hospital, directs millions of research dollars I would have voted NO on roll call vote 107; men, held the first meeting in November of into patient care and offers the latest innova- NO on roll call vote 108; NO on roll call vote 1892 and adopted the name Graduate Club, 109 and YEA on roll call vote 110. I ask unan- tions in medical, surgical and diagnostic tech- only because the more common University imous consent that this, along with a state- niques. For the past eighty years the hospital Club was already being used by undergradu- ment, be placed at the appropriate place in has established a legacy of medical mile- ates. the CONGRESSIONAL RECORD. stones that continues to attract patients from f The Graduate Club found its first home at around the world. Its international physician the Anktell House where it remained until the referral network and affiliations with hospitals POEM FOR VIETNAM VETERANS Spring of 1894 when it was forced to seek that span four continents, including information other quarters due to the expansion of Yale centers in Guatemala City, Istanbul, and Mex- HON. MARK GREEN University. It was in their second home on ico City, have placed Methodist at the forefront OF WISCONSIN Chapel Street that members signed the Arti- of the world’s medical research and education. As you may know, much has been learned IN THE HOUSE OF REPRESENTATIVES cles of Association. Blending academic and civic interests, membership grew and steadily about the causes and prevention of strokes. In Tuesday, April 30, 2002 strengthened the young organization. With the an effort to respond to those patients suffering Mr. GREEN of Wisconsin. Mr. Speaker, I turn of the century membership continued to from a stroke, who at one time were thought submit this poem for the RECORD. increase and a mounting waiting list continued of as untreatable, Methodist Stroke Center has coordinated a multi-disciplinary rapid response WRITTEN AND DEDICATED TO ALL THE to expand. It was evident that the Club had to system. This system consists of a highly VIETNAM VETERANS seek a larger venue. trained team of experts ranging from neurolo- (By Boatswains Mate Robert W. Perry) Closely following the bicentennial celebra- gists, cardiologists, to rehabilitative specialist. We were the men sent to Nam tion of Yale University, the Graduate Club ac- The services provided arc extensive and cover We were there to save the day quired the historic home of Eli W. Blake at 155 And for protecting these people’s freedom all aspects of stroke treatment. The Stroke We were paid about four bucks a day Elm Street. Though there was a need for alter- Center is one of the many facilities within the We walked through these smelly paddies ation and enlargement of the property, a date Methodist Health Care System that has been It was always so damn hot was set for the formal laying of the corner- nationally recognized by the medical commu- My buddies just kept dying stone: April 26, 1902. The celebration of a nity. In fact, Methodist Hospital was named In a land that God forgot centennial anniversary is always a special oc- among the country’s top centers for urology, We trudged through the bush with our six- casion. It is especially so for the Graduate otolaryngology, kidney disease, ophthal- teens Club because they are recognizing the anni- mology, and neurology in U.S. News and Eating and breathing orange dust versary of the establishment of their home. World Report’s 2001 Annual Guide to ‘‘Amer- We worked like we were on a chain gang Being able to remain in the same building, ica’s Best Hospital.’’ Additionally, the hospital And always too tired to cuss particularly during the many phases of revital- is consistently ranked as most preferred in All the time them bullets kept coming ization, is a great accomplishment. Houston’s Biannual Healthpoll Survey and was It was more than we could stand recognized by Hospitals and Health Networks Hell folks we weren’t convicts What began as a means to distinguish a as one of ‘‘Health Care’s 100 Most Wired’’ We were defenders for their foreign land collegiate generation gap has grown into a health care facilities. The medical staff in- So when this life is over popular and respected gathering place. You cludes dozens of physicians listed in The Best And there are no more worries to stand can often find New Haveners dining in the Doctors in America. We’re gonna do our last parading in the far Club and it is sought out for meetings or social away Mr. Speaker, I congratulate Texas Medical Promised Land gatherings. It has become a true New Haven Center’s Methodist Hospital for its eighty-three Once there, St. Peter will greet us and he landmark. I am honored to rise today to join years of excellence and innovation in improv- will yell the New Haven community in congratulating ing the quality of life and I look forward to the ‘‘Come on in you men from Nam, you’ve done the past and present membership on this won- medical advances that will continue to ema- your stretch in hell.’’ derful occasion. nate from its exceptional staff.

VerDate 112000 05:27 May 01, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A30AP8.023 pfrm01 PsN: E30PT1 E668 CONGRESSIONAL RECORD — Extensions of Remarks April 30, 2002 A TRIBUTE TO SPENCER MARK greatest democratic institution in the world TRIBUTE TO CHAPLAIN JAMES E. RITCHIE works. WALKER He will have the opportunity to go back and HON. SAM JOHNSON tell our fellow citizens that the system works— HON. JAMES E. CLYBURN and that it works well! And that they need to OF TEXAS OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES participate, not necessarily run for Congress, but to participate by voting. By speaking out. IN THE HOUSE OF REPRESENTATIVES Tuesday, April 30, 2002 By writing. By communicating—by involving Tuesday, April 30, 2002 Mr. SAM JOHNSON of Texas. Mr. Speaker, themselves in the democratic process that Mr. CLYBURN. Mr. Speaker, I rise today to I rise to pay tribute to Spencer Ritchie who is makes our great nation a beacon of freedom pay tribute to a man of great principle and leaving the Hill this week to finish his last se- and liberty! faith, U.S. Army Chaplain James E. Walker of mester and pursue his degree at Texas Tech I wish Spencer luck and look forward to the Columbia, South Carolina. This is a man University in Lubbock, Texas, and then maybe day when I meet him again—as a proud whose path I crossed 30 years ago to the even law school. The efforts and energy of Texas Tech graduate and SAM JOHNSON office month. He was a bright, young student at C.A. Spencer will be missed dearly by all members alum! Johnson High School in Columbia then, and of my office. was selected to introduce me as the speaker Spencer is a first-rate Southern gentleman f with a keen understanding of people, poise of their Honors and Awards Day, when I was PERSONAL EXPLANATION and patience; the latter is most needed when in Governor John West’s office. The event juggling numerous tasks while managing the was a memorable one for me, but I had no front desk. HON. DENNIS MOORE idea that my comments at the time would touch the soul of young James Walker. To this He conquered the thankless jobs of being OF KANSAS day, he still has the program from the event the gatekeeper, all the while supporting my IN THE HOUSE OF REPRESENTATIVES and remembers my urging to set goals and entire staff and office guests. Because of his Tuesday, April 30, 2002 academic performance and student leader- make plans to achieve them. These senti- ship, Texas Tech selected Spencer to rep- Mr. MOORE. Mr. Speaker, I rise in support ments I have expressed countless times over resent the University as a Presidential Intern— of Representative CAL DOOLEY’s motion to in- the years when visiting school groups. Yet this and they could not have selected a more well- struct conferees to agree to Senate provisions is one of few opportunities I have had to join rounded young man who puts priorities like that would lift a ban on private financing of ag- in celebrating with a young man who took my faith and family first. ricultural sales to Cuba. Unfortunately due to words to heart and achieved amazing things Although he’s only been with the office for reasons beyond my control, I was not able to as an adult. a short time, he’s left a lasting impression on vote; had I been able to vote, I would have On Thursday, May 2, 2002, Chaplain Walk- many. Numerous constituents and visitors voted in favor of lifting the ban on private fi- er receives the promotion to Army Colonel at have commented to my staff and me that nancing of agricultural sales to Cuba. the U.S. Army Chaplain Center and School at Spencer has an amazing way with making The Dooley motion to instruct conferees, re- Fort Jackson in Columbia, South Carolina. On people feel welcome. Spencer has the unique lating to Sec. 335 of the farm bill and agricul- that day his story will come full circle to the ability to make every guest feel like family— tural trade with Cuba, permits only private fi- place where it began. In his hometown, Chap- and after meeting Spencer, they wanted to be nancing of agricultural sales to Cuba, and lain Walker will officially achieve this well-de- Texans too! maintains the United States ban on govern- served ranking as a reflection of his hard work His knowledge, insight, guidance and gen- ment financing. The Dooley provision says and dedication. erosity have been inspiring to others. Though that that private enterprise should make lend- On September 11, 2001, 1 was on Capitol Spencer’s good graces will be missed in ing decisions. The Federal Government should Hill watching the smoke rise from the Pen- Washington, I know that our loss is most defi- not be in the position of denying private enti- tagon in disbelief. However, Chaplain Walker nitely Texas Tech’s gain. ties the right to finance sales of agricultural had no time that day to stop and watch the He enjoyed a unique and historic experi- goods to Cuba. Under current law, no provi- tragedies unfold before his eyes. He, too, was ence and one which I hope will serve him well sion of credit from a United States financial in the Washington area. He was at Ground as he continues his education and begins his entity of any kind is allowed. United States ag- Zero—the Pentagon—ministering to those who career. You name it—he’s done it. No job is ricultural exporters must either arrange for were wounded and in shock. In the subse- too big or too little for Spencer. He just does credit through an overseas bank, or must in- quent weeks, Chaplain Walker served tire- it—and he does it enthusiastically with a smile sist on cash in advance from the Cuban im- lessly at the Pentagon’s makeshift triage sta- on his face and a laugh for others. He’s given porter. tion for three weeks to ‘‘care for the wounded, Capitol tours in the wake of September 11th. Even with these cumbersome restrictions, minister to the living and honor the dead.’’ For He’s welcomed tired tourists from Texas! He’s United States farmers have been able to real- this service, our nation owes him a debt of written letters and called constituents. I was ize more than $35 million in sales to Cuba gratitude. proud to have him up front as an ambassador, within the last 3 months, including Kansas This tremendous strength in the face of ad- if you will, for the people of the Third District. wheat. Cuba has purchased a wide range of versity is a hallmark of Chaplain Walker’s ca- So much of what we do in Congress is done American products, including rice, chicken, reer. He is one of 138 African-American Army for the next generation, for young people like soybeans, wheat, corn, and vegetable oil. Chaplains among the 2,000 Chaplains serving Spencer. He can be proud that what we have The Cuba Policy Foundation recently re- the Army worldwide. His military service has done in this Congress has not only been done leased a study showing the embargo of Cuba taken him to Desert Storm where he min- for him—but with him. is costing United States farmers up to $1.24 istered to troops in Saudi Arabia, Iraq and Ku- Like each Member of Congress, he is now billion in annual exports to Cuba, and another wait. For his skilled pastoral work in trying a part of this institution. And as of Friday, he $3.6 billion in agricultural related output. More- times, he was awarded the Saudi-Kuwait Lib- will be a part of its history. I wouldn’t be sur- over, the American public supports agricultural eration Medal. Chaplain Walker has received prised if he may even be part of its future, re- trade with Cuba. In a 2001 poll, conducted for numerous other commendations including the turning some day as a staff member or even the Cuba Policy Foundation, 71.3 percent of Bronze Star, Meritorious Service Medal, Army a Representative! Americans agreed that American companies Commendation Medal, Army Achievement Too many Americans do not have a full un- should be allowed to sell food to Cuba. My Medal, National Defense Service Medal, derstanding of how hard the staffs of Members State of Kansas’ potential income from Cuban Southeast Asia Service Medal, and the Army of Congress work, how conscientious they are food exports is predicted at $38,770,000 per Service Ribbon. and how much they care about doing the right year including the creation of 1,098 new jobs. This outstanding service record was built on thing for their country, regardless of whether Today, the 40-plus year-old embargo the strong foundation he received growing up they are conservatives or liberals, moderates, against Cuba has failed to achieve the policy in Columbia. He graduated C.A. Johnson High Republicans, Democrats or Independents. objectives of the United States. The cold war School and earned a Bachelor of Science Spencer has learned that lesson firsthand. has been history for well over a decade; why from my alma mater, South Carolina State So he will have something that many of his continue to make the Cuban people and College. He served seven years in the Army neighbors and friends and relatives will not American farmers suffer for a war we won on as a Signal Officer before becoming a chap- have had: hands on experience of how the so many other fronts? lain. He received his Master of Divinity and

VerDate 112000 05:37 May 01, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A30AP8.031 pfrm01 PsN: E30PT1 April 30, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E669 Doctor of Ministry from Andover Newton Theo- Stanton and I hope you’ll vote for me in Con- short of fully funding critically important pro- logical School in Newton Center, Massachu- gress.’’ grams such as transitional housing for victims setts. His thirst for knowledge also led him to The woman looked at him and replied, ‘‘I of domestic violence, shelter services, and attain a Master of Business Administration certainly will, young man. We’ve gotta get rid rape education and prevention. As we recog- from Western New England College and Mas- of that guy we’ve got there now.’’ nize Sexual Assault Awareness Month, I urge ter of Arts degrees from Boston College both When Bill retired from Congress, he devoted my colleagues to dedicate the necessary re- in Massachusetts. his time to causes that were important to him. sources to fulfill the mission of the Violence Mr. Speaker, although my duties here in He became an advisor to the World Bank, a Against Women Act. Washington prevent me from sharing this post he held until 1993, and he also served on f memorable day with in person, I ask that you the board of Bread for the World, an organiza- HONORING THE 50TH ANNIVER- and my colleagues join me in congratulating tion devoted to easing world hunger. In addi- SARY OF THE ESTABLISHMENT Chaplain James E. Walker for his outstanding tion, he was on the Board of Regents of OF ALBERTS PLASTERING service and well-deserved promotion. He is a Catholic University. fine example of what can be achieved in life Bill’s passing was unexpected and certainly with a strong desire to learn and a willingness too soon. Just a few weeks before his death, HON. MARK GREEN to serve others. It is fitting that he receives he returned home to attend an event where I OF WISCONSIN this promotion while in his hometown. I wish was roasted to benefit the United Way. I was IN THE HOUSE OF REPRESENTATIVES him good luck Godspeed as he returns to thrilled to see Bill, and was so honored that Tuesday, April 30, 2002 service at the Office of the Chief of Chaplains he’d traveled so far to be with me on that spe- Mr. GREEN of Wisconsin. Mr. Speaker, I in Arlington, Virginia. cial night. offer these remarks before the House today to f I also am pleased that a few years ago we honor the 50-year anniversary of the establish- were able to dedicate the Old Camp Isaac ment of Alberts Plastering, Inc., a fine family MOURNING THE LOSS OF A GREAT Jogues in Madison and rename it in Bill’s business in my district. MAN honor. The Madison park was always loved by When Morris ‘‘John’’ Alberts founded Alberts Bill Stanton, and his family had ties to it. Bill’s Plastering 50 years ago in 1952, he set a high HON. STEVE C. LaTOURETTE father, Frank built the chapel that still stands standard for his craft that is still maintained by OF OHIO at the park. Alberts Plastering today. Over the years, he IN THE HOUSE OF REPRESENTATIVES Bill Stanton was a great man and a great and his son John worked very hard to build Tuesday, April 30, 2002 friend, and I miss him greatly. My thoughts not just their business, but also our commu- and prayers are with his wife, Peggy Smeeton nities and our state. Mr. LATOURETTE. Mr. Speaker, on April Stanton, his daughter, Kelly Fordon of Grosse Morris ‘‘John’’ Alberts passed away 12 11, one of our area’s most beloved citizens Pointe, MI, and his three grandchildren—Jack, years ago, but his legacy is now carried for- passed away—former Congressman J. William Charles, and Megan. ward by John Alberts and a dedicated and Stanton, who served in the House of Rep- f hardworking group of over 100 professionals. resentatives from 1965 to 1982. I am honored A business is only as strong as its people to have known Bill Stanton, whom I consid- IN RECOGNITION OF SEXUAL and its ideals. Alberts Plastering has lasted 50 ered a dear friend and mentor. In fact, I know ASSAULT AWARENESS MONTH years because it is made up of great folks and that I would not be a Congressman today had is built on a foundation of solid values. I’m it not been for his unparalleled guidance and HON. NANCY PELOSI confident those people and ideals are strong support. OF CALIFORNIA enough to carry it forward for another 50 years Bill Stanton was born in Painesville in 1924, IN THE HOUSE OF REPRESENTATIVES and beyond. and was a longtime resident of my hometown, f Madison. Bill was a graduate of Culver Military Tuesday, April 30, 2002 Academy, and was the institution’s Man of the Ms. PELOSI. Mr. Speaker, I commend Con- WORKERS MEMORIAL DAY Year in 1994. He also was a graduate of gresswoman CAROLYN KILPATRICK and Con- Georgetown’s School of Foreign Service. In gresswoman DEBORAH PRYCE for their leader- HON. DENNIS MOORE addition, he was a proud veteran and was the ship and thank them for organizing today’s OF KANSAS Army’s youngest commanding officer in the statements in recognition of Sexual Assault IN THE HOUSE OF REPRESENTATIVES Pacific Theater during World War II—attaining Awareness Month. Tuesday, April 30, 2002 the rank of captain at the age of 21. He re- An estimated 302,100 women and 92,700 Mr. MOORE. Mr. Speaker, on Sunday, April turned from war with the Bronze Star with Oak men are forcibly raped each year in the United 28, 2002, American workers across the nation Leaf Cluster, the Purple Star, and other deco- States. There were 9,443 reported forcible recognized the significant contributions of rations. rapes in California in 1999 alone. This number American labor to the founding and growth of When Bill came home, he ran a Lincoln- is undoubtedly low, since a majority of rapes our country. Every year, Workers Memorial Mercury dealership, making him the youngest and sexual assaults are never reported. Sex- Day gives working men and women an oppor- franchised dealer in Ford history in 1948 at ual assault is a problem of sweeping propor- tunity to acknowledge labor’s great achieve- the age of 24. He also had the distinction of tions across the nation. ments and promote much needed improve- giving legendary football coach Don Shula his One way that we can combat sexual assault ments in working conditions. very first job—selling cars. Don Shula and Bill is by raising public awareness, both here in While decades of hard work and struggle by Stanton remained lifelong friends. Congress and in our local communities. Cali- workers and their unions have resulted in vast Bill got his political start in Lake County, and fornia officially recognized Sexual Assault improvements in working conditions, the toll of served as a Lake County Commissioner for 8 Awareness Month by resolution in 1987. workplace injuries, illnesses and deaths re- years starting in 1956. He often called those Sexual assault is a problem for us all. As mains unacceptably high. According to recent years the ‘‘happiest time of his political ca- legislators, we are responsible for letting figures from the Bureau of Labor Statistics, reer.’’ He then proudly represented Madison women and families know that we take the 5,915 workers died from on-the-job injuries in and the former 11th Congressional District in problem of sexual assault seriously. The Vio- 2000, while an additional 50,000 to 60,000 Congress for 18 years, from 1964 to 1982. He lence Against Women Act provides funding to workers die each year from occupation-related served his district with great honor and distinc- battered women’s shelters, rape crisis centers, injuries and diseases. Another 6 million work- tion, and was an amazingly popular Congress- a hotline for domestic violence community pro- ers sustain serious injuries every year while at man. In one election, he lost only five pre- grams on domestic violence, and rape edu- work. cincts in his entire district. cation and prevention. With the reauthorization Workers Memorial Day is held on April 28 to Of course, it wasn’t always such smooth of the Violence Against Women Act in 2000, commemorate the creation of the Occupa- sailing. When Bill was running for re-election Congress reaffirmed this nation’s commitment tional Safety and Health Administration after serving one term in Congress, he was to ending domestic and sexual violence. [OSHA], which has dedicated itself to reducing campaigning down in Ravenna in Portage Full funding of the Violence Against Women workplace injuries since its inception in 1971. County, which then was part of the 11th dis- Act will allow communities across the country Over the past three decades, workplace fatali- trict. Bill met an older woman at an event and to carry this legacy forward. Unfortunately, ties have been cut in half and occupational in- introduced himself, saying: ‘‘My name’s Bill President Bush’s budget falls $111.3 million jury and illness rates have declined 40%. At

VerDate 112000 05:27 May 01, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A30AP8.031 pfrm01 PsN: E30PT1 E670 CONGRESSIONAL RECORD — Extensions of Remarks April 30, 2002 the same time, U.S. employment has doubled CORPORATE AND AUDITING AC- and to provide investors with solid information. from 56 million workers at 3.5 million worksites COUNTABILITY, RESPONSI- This bill creates a new, public regulatory board to 6 million workers at approximately 7 million BILITY, AND TRANSPARENCY with strong oversight authority that will be sites. ACT OF 2002 under the direct authority of the Security and Exchange Commission (SEC) and will have to I believe our country must do even more to SPEECH OF certify any accountant wishing to audit the fi- reduce workplace injuries and illnesses. Con- HON. JOHN R. THUNE nancial statements required from public gress can and should dedicate itself to achiev- issuers of stock. OF SOUTH DAKOTA ing these goals by passing common sense Second, the bill increases corporate disclo- and long overdue ergonomics legislation. Un- IN THE HOUSE OF REPRESENTATIVES sure and responsibility. Investors rely on infor- fortunately, last year Congress passed a Dis- Wednesday, April 24, 2002 mation to make their financial decisions. This approval Resolution that overturned the Clin- The House in Committee of the Whole legislation will increase the amount of real- ton Administration’s sensible ergonomics rule. House on the State of the Union had under time information made available to American President Bush signed this resolution into law consideration the bill (H.R. 3763) to protect investors, employees and the general public. in March 2001, and the Bush Administration investors by improving the accuracy and re- For example, off-balance sheet transactions, recently announced its plans to push for vol- liability of corporate disclosures made pur- like the special entities made famous by untary ergonomics standards. suant to the securities laws, and for other Enron, would have to be fully disclosed, and purposes: companies would be required to disclose infor- The ergonomics guidelines developed dur- Mr. THUNE. Mr. Chairman, there is little de- mation about their financial health more quick- ing the Clinton Administration were developed bate and even less doubt that our economic ly and in plain English. Lastly, it would make after years of studies and analyses, and were system is the best in the world. However, we it unlawful for anyone associated with a com- based upon sound science. I disapprove of learned last year that companies have the ca- pany to interfere with the auditing process. Congress’s elimination of the important rule pacity to violate laws, deceive investors, and It is also vital for workers to be able to designed to identify and remove hazards to through those actions defraud the public. This maintain a safe and secure retirement. For workers’ health, and will continue to urge my is not a fault of our economic system. Instead that reason, the bill helps to protect 401 (k) re- colleagues to pass legislation requiring the it is the result of action of a few dishonest and tirement plans by prohibiting corporate execu- Department of Labor to draft a meaningful irresponsible few, and it underscores our na- tives from making insider stock sales when ergonomics standard. tion’s reliance on, and the value of, the rule of other employees can’t. As we remember the millions of workers law throughout our society. Lastly, this legislation strengthens the SEC I believe that because of these actions Con- by increasing its budget and allowing it to per- who have sustained injuries and, in many gress must restore confidence in our eco- form additional tasks and oversight duties. The cases, died as a result of workplace hazards, nomic system by recognizing and acting on SEC will also be required to conduct regular members of Congress and working Americans the excesses of those few bad actors. Today, and thorough reviews of the largest and most must continue to fight for stronger safety and Mr. Chairman, Congress will act, in the wake widely-traded companies. health protections for workers everywhere. of the Enron collapse, to pass legislation de- We’ve seen the excesses that dishonesty in Working men and women deserve these pro- signed to protect investors and employees our economic system can bring. Today, Con- tections, and have certainly earned them. from what happened at Enron. gress will act to make sure that dishonest While we celebrate Workers Memorial Day First, this legislation acts to restore con- businessmen can’t game our economic sys- once a year, we must dedicate ourselves to fidence in accounting practices. It is important tem, deceive investors and ruin the lives of improving safety and health in every American that we have a strong and healthy accounting their employees. This bill does that, which is workplace on a daily basis. industry to keep companies financially sound why I support this common-sense legislation.

VerDate 112000 05:27 May 01, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A30AP8.035 pfrm01 PsN: E30PT1 Tuesday, April 30, 2002 Daily Digest Senate through May 11, 2002, as ‘‘National Safe Kids Chamber Action Week’’. Page S3577 Routine Proceedings, pages S3515–S3579 Children’s Memorial Flag Day: Senate agreed to Measures Introduced: Thirty-six bills and four res- S. Res. 109, designating December 8, 2002, as ‘‘Na- olutions were introduced, as follows: S. 2395–2430, tional Children’s Memorial Day’’ and April 26, S. Res. 255–257, and S. Con. Res. 103. 2002, as ‘‘Children’s Memorial Flag Day’’, after Pages S3559–60 agreeing to a committee amendment. Page S3577 Measures Passed: National Occupational Safety and Health Week: Minority Party Appointments: Senate agreed to Senate agreed to S. Res. 245, designating the week S. Res. 256, making Minority party appointments of May 5 through May 11, 2002, as ‘‘National Oc- for the Special Committee on Aging for the 107th cupational Safety and Health Week’’. Page S3577 Congress. Page S3576 Expressing Gratitude to Suzanne D. Pearson: Ron de Lugo Federal Building: Senate passed Senate agreed to S. Res. 257, expressing the grati- H.R. 495, to designate the Federal building located tude of the United States Senate for the service of in Charlotte Amalie, St. Thomas, United States Vir- Suzanne D. Pearson to the Office of Legislative gin Islands, as the ‘‘Ron de Lugo Federal Building’’, Counsel. Page S3577 clearing the measure for the President. Page S3576 Andean Trade Preference Expansion Act: Senate Donald J. Pease Federal Building: Senate passed continued consideration of the motion to proceed to H.R. 819, to designate the Federal building located consideration of H.R. 3009, to extend the Andean at 143 West Liberty Street, Medina, Ohio, as the Trade Preference Act, to grant additional trade bene- ‘‘Donald J. Pease Federal Building’’, clearing the fits under that Act. Pages S3515–22, S3530–55 measure for the President. Page S3576 A unanimous-consent agreement was reached pro- William L. Beatty Federal Building/U.S. Court- viding for further consideration of the motion to house: Senate passed H.R. 3093, to designate the proceed to consideration of the bill at 9:30 a.m., on Federal building and United States courthouse lo- Wednesday, May 1, 2002, with a vote to occur on cated at 501 Bell Street in Alton, Illinois, as the adoption of the motion to proceed. Page S3578 ‘‘William L. Beatty Federal Building and United Nominations Confirmed: Senate confirmed the fol- States Courthouse’’, clearing the measure for the lowing nominations: President. Page S3576 By unanimous vote of 98 yeas (Vote No. Ex. 98), Mike Mansfield Federal Building/U.S. Court- Michael M. Baylson, of Pennsylvania, to be United house: Senate passed H.R. 3282, to designate the States District Judge for the Eastern District of Federal building and United States courthouse lo- Pennsylvania. Pages S3522–30, S3578 cated at 400 North Main Street in Butte, Montana, By unanimous vote of 98 yeas (Vote No. Ex. 99), as the ‘‘Mike Mansfield Federal Building and United Cynthia M. Rufe, of Pennsylvania, to be United States Courthouse’’, clearing the measure for the States District Judge for the Eastern District of President. Page S3576 Pennsylvania. Pages S3522–30, S3578 James L. Watson U.S. Courthouse: Senate passed 16 Air Force nominations in the rank of general. S. 1721, to designate the building located at 1 Fed- 2 Marine Corps nominations in the rank of gen- eral Plaza in New York, New York, as the ‘‘James eral. L. Watson United States Courthouse’’, after agreeing 3 Navy nominations in the rank of admiral. to committee amendments. Page S3577 Routine lists in the Air Force, Army, Marine National Safe Kids Week: Senate agreed to S. Corps, Navy. Pages S3575–76 Con. Res. 102, proclaiming the week of May 4 Messages From the House: Page S3558 D412

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Measures Held at Desk: Page S3558 delivery, receiving testimony from James S. Carter, Executive Communications: Page S3559 ExxonMobil Fuels Marketing Company, Fairfax, Vir- ginia; Gary R. Heminger, Marathon Ashland Petro- Additional Cosponsors: Pages S3560–61 leum LLC, Findlay, Ohio; Ross J. Pillari, British Pe- Statements on Introduced Bills/Resolutions: troleum, Warrenville, Illinois; David C. Reeves, Paged S3559–74 ChevronTexaco Corporation, San Ramon, California; and Rob Routs, Shell Oil Products U.S., Houston, Additional Statements: Pages S3555–58 Texas. Amendments Submitted: Page S3574 Hearings continue on Thursday, May 2. Notices of Hearings/Meetings: Page S3574 NOMINATION Authority for Committees to Meet: Pages S3574–75 Committee on Health, Education, Labor, and Pensions: Privilege of the Floor: Page S3575 Committee concluded hearings on the nomination of Record Votes: Two record votes were taken today. Elias A. Zerhouni, Maryland, to be Director of the (Total—99) Pages S3529–30 National Institutes of Health, Department of Health and Human Services, after the nominee, who was in- Adjournment: Senate met at 10 a.m., and ad- troduced by Senators Mikulski and Sarbanes, testified journed at 7:12 p.m., until 9:30 a.m., on Wednes- and answered questions in his own behalf. day, May 1, 2002. HOSPITAL GROUP PURCHASING Committee Meetings Committee on the Judiciary: Subcommittee on Anti- trust, Competition, and Business and Consumer (Committees not listed did not meet) Rights held hearings to examine the competitive ef- fects of hospital group purchasing on smaller and HOMELAND SECURITY SUPPLEMENTAL competitive medical equipment manufacturers and Committee on Appropriations: Committee held hearings pharmaceutical companies seeking to sell their de- to examine homeland security funding issues and vices, equipment, drugs and supplies to hospitals, proposed legislation making supplemental appropria- and the subsequent cost effects passed on to the con- tions for homeland security and the war on terrorism sumer, receiving testimony from Trisha Barrett, Uni- for the fiscal year ending September 30, 2002, re- versity of California, San Francisco Medical Center, ceiving testimony from Paul H. O’Neill, Secretary of San Francisco; Lynn R. Detlor, GPO Concepts, Inc., the Treasury; Colin Powell, Secretary of State; and and Richard A. Norling, Premier, Inc., both of San Ann M. Veneman, Secretary of Agriculture. Diego, California; Mitchell Goldstein, Citrus Valley Hearings continue on Thursday, May 2. Medical Center, West Covina, California; Joe E. Kiani, Masimo Corporation, Irvine, California; Mark ALZHEIMER’S DISEASE McKenna, Novation, Irving, Texas; and Elizabeth A. Committee on Appropriations: Subcommittee on Labor, Weatherman, Warburg Pincus, New York, New Health and Human Services, and Education con- York, on behalf of the National Venture Capital As- cluded hearings to examine issues surrounding Alz- sociation. heimer’s disease, including the efforts to increase Hearings recessed subject to call. funding for research and services in order to better NATIVE AMERICAN SMALL BUSINESS understand, treat, and prevent the disease, after re- DEVELOPMENT ceiving testimony from Richard J. Hodes, Director, National Institute of Aging, National Institutes of Committee on Small Business and Entrepreneurship/Com- Health, Department of Health and Human Services; mittee on Indian Affairs: Committees concluded joint and Marilyn Albert, Harvard Medical School, Bos- hearings on S. 2335, to establish the Office of Na- ton, Massachusetts, Orien Reid, Laverock, Pennsyl- tive American Affairs within the Small Business Ad- vania, David Hyde Pierce, Los Angeles, California, ministration, and to create the Native American and Carol and Gene Gratz, New Hampton, Iowa, all Small Business Development Program; and H.R. on behalf of the Alzheimer’s Association. 2538, to amend the Small Business Act to expand and improve the assistance provided by Small Busi- GASOLINES PRICES ness Development Centers to Indian tribe members, Committee on Governmental Affairs: Permanent Sub- Alaska Natives, and Native Hawaiians, after receiv- committee on Investigations held hearings to exam- ing testimony from Senator Johnson; Representative ine how gasoline prices are set in the United States, Udall; Kaaren Johnson Street, Associate Deputy Ad- focusing on price volatility, mergers and acquisi- ministrator for Entrepreneurial Development, Small tions, cost of crude oil, and gasoline production and Business Administration; Gerald Danforth, Oneida

VerDate Apr 18 2002 05:23 May 01, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D30AP2.REC pfrm15 PsN: D30AP2 D414 CONGRESSIONAL RECORD — DAILY DIGEST April 30, 2002 Tribe of Indians of Wisconsin, Oneida; Pete Homer, Kyle, South Dakota; and Tom Hampson, ONABEN: Jr., National Indian Business Association, Wash- A Native American Business Network, Tigard, Or- ington, D.C.; Derek J. Dorr, DECO, Inc., Onimia, egon. Minnesota; Monica Drapeaux, The Lakota Fund, h House of Representatives Virginia Key Beach, Florida, for possible inclusion in Chamber Action the National Park System. Agreed to amend the title Measures Introduced: 6 public bills, H.R. so as to read: ‘‘A bill to authorize the Secretary of 4618–4624; 1 private bill, H.R. 4625; and 3 resolu- the Interior to conduct a special resource study of tions, H. Con. Res. 391–392 and H. Res. 401, were Virginia Key Beach Park in Biscayne Bay, Florida, introduced. Pages H1768–69 for possible inclusion in the National Park System.’’ Reports Filed: Reports were filed as follows: Pages H1699–S1701 H.R. 2051, to provide for the establishment of re- Muscle Shoals in Northwest Alabama National gional plant genome and gene expression research Heritage Area Study: H.R. 2628, to direct the Sec- and development centers, amended (H. Rept. retary of the Interior to conduct a study of the suit- 107–422); and ability and feasibility of establishing the Muscle H. Res. 402, providing for the consideration of Shoals National Heritage Area in Alabama; H.R. 2871, to reauthorize the Export-Import Bank Page H1701 of the United States (H. Rept. 107–423). Page H1768 Strengthening Science at the Environmental Recess: The House recessed at 12:44 p.m. and re- Protection Agency: H.R. 64, amended, to provide convened at 2 p.m. Page H1690 for the establishment of the position of Deputy Ad- Suspensions: the House agreed to suspend the rules ministrator for Science and Technology of the Envi- and pass the following measures: ronmental Protection Agency, Pages H1702–03 Notification and Federal Employee Anti- Export-Import Bank Extension: S. 2248, a bill discrimination and Retaliation Act: Agreed to the to extend the authority of the Export-Import Bank Senate amendments to H.R. 169, to require that until May 31, 2002 (agreed to by a yea-and-nay vote Federal agencies be accountable for violations of anti- of 318 yeas to 92 nays, Roll No. 118)—clearing the discrimination and whistleblower protection laws— measure for the President; Pages H1705–10, H1746 clearing the measure for the President (agreed to by National Peace Officers’ Memorial Service: H. a yea-and-nay vote of 412 yeas with none voting Con. Res. 347, authorizing the use of the Capitol ‘‘nay,’’ Roll No. 117); Pages H1691–96, H1745 Grounds for the National Peace Officers’ Memorial Yosemite National Park Educational Facilities Service; Pages H1710–11 Improvement: H.R. 3421, amended, to provide ade- National Book Festival: H. Con. Res. 348, au- quate school facilities within Yosemite National thorizing the use of the Capitol Grounds for the Na- Park; Pages H1696–97 tional Book Festival; Pages H1711–12 Gunn McKay, Utah Nature Preserve: H.R. District of Columbia Special Olympics Law En- 3909, to designate certain Federal lands in the State forcement Torch Run: H. Con. Res. 354, author- of Utah as the Gunn McKay Nature Preserve; izing the use of the Capitol Grounds for the District Pages H1697–98 of Columbia Special Olympics Law Enforcement Historic Significance of Virginia Aquia Sand- Torch Run; Pages H1712–13 stone Quarries: H. Res. 261, recognizing the histor- Greater Washington Soap Box Derby: H. Con. ical significance of the Aquia sandstone quarries of Res. 356, authorizing the use of the Capitol Government Island in Stafford County, Virginia, for Grounds for the Greater Washington Soap Box their contributions to the construction of the Capital Derby; Page H1713 of the United States; Pages H1698–99 National Better Hearing and Speech Month: H. Virginia Key Beach, Florida Resource Study: Con. Res. 358, supporting the goals and ideals of H.R. 2109, amended, to authorize the Secretary of National Better Hearing and Speech Month; the Interior to conduct a special resource study of Pages H1713–14

VerDate Apr 18 2002 05:23 May 01, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D30AP2.REC pfrm15 PsN: D30AP2 April 30, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D415 National Minority Health and Health Dispari- tention to offer a motion to instruct conferees to ties Month: H. Con. Res. 388, expressing the sense leave intact provisions of the House and Senate bills, of the Congress that there should be established a specifically those which: amend section 26 of the National Minority Health and Health Disparities Animal Welfare Act (7 U.S.C. 2156), subsection 9e), Month; Pages H1716–22 to strike ‘‘$5,000’’ and insert ‘‘$15,000’’; and to Hematological Cancer Research Investment and strike ‘‘1 year’’ and insert ‘‘2 years’’; and provide that Education Act: S. 1094, to amend the Public Health the amendments to Section 26 of the Animal Wel- Service Act to provide for research, information, and fare Act take effect 30 days after the date of the en- education with respect to blood cancer—clearing the actment of this Act. Pages H1701, H1747 measure for the President; Pages H1722–25 Quorum Calls—Votes: Three yea-and-nay votes de- National Charter Schools Week: H. Con. Res. veloped during the proceedings of the House today 386, supporting a National Charter Schools Week and appear on pages H1745, H1746, and (agreed to by a yea-and-nay vote of 404 yeas to 3 H1746–47. There were no quorum calls. nays with 2 voting ‘‘present,’’ Roll No. 119); Adjournment: The House met at 12:30 p.m. and Pages H1725–29, H1746–47 adjourned at 10:30 p.m. Education Sciences Reform: H.R. 3801, amend- ed, to provide for improvement of Federal education Committee Meetings research, statistics, evaluation, information, and dis- semination. The Clerk was authorized to make tech- LABOR, HHS AND EDUCATION nical changes in the engrossment of the bill; APPROPRIATIONS Pages H1729–39, H1741–43 Committee on Appropriations: Subcommittee on Labor, Honoring the Minnesota Golden Gophers and Health and Human Services, and Education contin- Minnesota-Duluth Bulldogs: H. Con. Res. 391, ued appropriation hearings. Testimony was heard honoring the University of Minnesota Golden Go- from public witnesses. phers men’s hockey and wrestling teams and the Hearings continue May 2. University of Minnesota-Duluth Bulldogs women’s NATIONAL DEFENSE AUTHORIZATION hockey team for winning the 2002 National Colle- ACT giate Athletic Association championships; and Committee on Armed Services: Subcommittee on Mili- Pages H1743–45 tary Procurement approved for full Committee ac- Honoring the Connecticut Huskies: H. Res. 401, tion, as amended, H.R. 4546, National Defense Au- congratulating the University of Connecticut thorization Act for Fiscal Year 2003. Huskies for winning the 2002 National Collegiate NATIONAL DEFENSE AUTHORIZATION Athletic Association Division I women’s basketball ACT championship. Page H1747 Intention To Offer Motion To Instruct Con- Committee on Armed Services: Subcommittee on Mili- ferees—DOJ Authorization Act: Representative tary Research and Development approved for full DeGette announced her intention to offer a motion Committee action H.R. 4546, National Defense Au- to instruct conferees on H.R. 2215, 21st Century thorization Act for Fiscal Year 2003. Department of Justice Appropriations Authorization EXPORT-IMPORT BANK Act, to agree to title IV of the Senate amendment REAUTHORIZATION ACT (establishing A Violence Against Women Office); Committee on Rules: Granted, by voice vote, a struc- and insist upon section 2003 of the Omnibus Crime tured rule on H.R. 2871, Export-Import Bank Reau- Control and Safe Streets Act of 1968, as added by thorization Act of 2001, providing one hour of gen- section 402 of the House bill (establishing duties eral debate equally divided and controlled by the and functions of the director of the Violence Against chairman and ranking minority member of the Com- Women Office). Page H1747 mittee on Financial Services. The rule waives all Intention To Offer Motions To Instruct Con- points of order against consideration of the bill. The ferees—Agricultural Act of 2001: Representative rule provides that the amendment in the nature of Ackerman announced his intention to offer a motion a substitute recommended by the Committee on Fi- to instruct conferees on H.R. 2646, Agricultural Act nancial Services now printed in the bill shall be con- of 2001 to insist on the provisions contained in sec- sidered as an original bill for the purpose of amend- tion 945 of the House bill, relating to unlawful ment and shall be considered as read. The rule stockyard practices involving nonambulatory live- waives all points of order against the bill, as amend- stock. Representative Blumenauer announced his in- ed. The rule makes in order only those amendments

VerDate Apr 18 2002 05:23 May 01, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D30AP2.REC pfrm15 PsN: D30AP2 D416 CONGRESSIONAL RECORD — DAILY DIGEST April 30, 2002 printed in the report of the Committee on Rules ac- quacy and efficiency of the National School Program companying the resolution. The rule provides that and how managerial and organization deficiencies at the amendments printed in the report shall be con- the Federal level may be affecting the health of sidered only in the order printed in the report, may school children, after receiving testimony from Rep- be offered only by a Member designated in the re- resentative DeLauro; Lawrence J. Dyckman, Director, port, shall be considered as read, shall be debatable Natural Resources and Environment, General Ac- for the time specified in the report equally divided counting Office; Lester M. Crawford, Deputy Com- and controlled by the proponent and an opponent, missioner, Food and Drug Administration, Depart- shall not be subject to amendment, and shall not be ment of Health and Human Services; Elsa Murano, subject to a demand for division of the question in Under Secretary of Agriculture for Food Safety; Caro- the House or in the Committee of the Whole. The line Smith DeWaal, Center for Science in the Public rule waives all points of order against the amend- Interest, and John Bode, National Food Processors ments printed in the report. The rule provides one Association, both of Washington, D.C.; Susan motion to recommit with or without instructions. Doneth, Marshall, Michigan, and Cheryl Roberts, The rule provides that after passage of H.R. 2871, Comer, Georgia, both on behalf of Safe Tables Our it shall be in order to take from the Speaker’s table Priority; and Mary Klatko, Howard County Public S. 1372, consider it in the House, and move to School System, Ellicott City, Maryland, on behalf of strike all after the enacting clause and insert the text the American School Food Service Association. of H.R. 2871 as passed by the House. The rule f waives all points of order against consideration of the Senate bill and the motion to strike and insert. Fi- COMMITTEE MEETINGS FOR WEDNESDAY, nally, the rule provides that if the motion is adopted MAY 1, 2002 and the Senate bill, as amended, is passed, then it (Committee meetings are open unless otherwise indicated) shall be in order to move that the House insist on its amendment and request a conference. Testimony Senate was heard from Chairman Oxley and Representatives Committee on Appropriations: Subcommittee on VA, Bereuter and Sanders. HUD, and Independent Agencies, to hold hearings on proposed budget estimates for fiscal year 2003 for the TAX INCENTIVES—LAND USE, National Aeronautics and Space Administration, 9:30 CONSERVATION, AND PRESERVATION a.m., SD–138. Committee on Ways and Means: Subcommittee on Se- Subcommittee on Defense, to hold hearings on pro- lect Revenue Measures held a hearing on Tax Incen- posed budget estimates for fiscal year 2003 for the tives for Land Use, Conservation, and Preservation. United States Navy, 10 a.m., SD–192. Testimony was heard from Representatives Johnson Subcommittee on Legislative Branch, to hold hearings of Connecticut, Dunn, Portman, Weller, Blumenauer on proposed budget estimates for fiscal year 2003 for the Office of the Senate Sergeant at Arms and U.S. Capitol and Isakson; Pam Olson, Acting Assistant Secretary, Police, 10:30 a.m., SD–124. Tax Policy, Department of the Treasury; and public Committee on Banking, Housing, and Urban Affairs: to witnesses. hold oversight hearings to examine the Treasury Depart- SPECIAL PROGRAMS; COMMITTEE ment’s report to Congress on International Economic and BUSINESS Exchange Rate Policy, 9:30 a.m., SD–538. Subcommittee on Housing and Transportation, to hold Permanent Select Committee on Intelligence: Met in execu- oversight hearings to examine proposed legislation au- tive session to hold a hearing on Special Programs. thorizing funds for the Temporary Assistance for Needy Testimony was heard from departmental witnesses. Families and Federal Housing Policy, 2:30 p.m., SD–538. The Committee also met in executive session to Committee on Commerce, Science, and Transportation: to consider pending Committee business. hold hearings on the President’s proposed budget request for fiscal year 2003 for the National Oceanic & Atmos- pheric Administration, 9:30 a.m., SR–253. Joint Meetings Committee on Foreign Relations: to hold hearings to exam- FEDERAL SCHOOL LUNCH SAFETY ine the future of the North Atlantic Treaty Organization, Joint Hearing: Senate Committee on Governmental 10:15 a.m., SD–419. Committee on Health, Education, Labor, and Pensions: busi- Affairs Subcommittee on Oversight of Government ness meeting to consider the nomination of Elias Management, Restructuring and the District of Co- Zerhouni, to be Director of the National Institutes of lumbia concluded oversight hearings with the House Health, Department of Health and Human Services Committee on Government Reform Subcommittee (pending receipt by the Senate), 9:30 a.m., SD–430. on Government Efficiency, Financial Management Select Committee on Intelligence: to hold closed hearings on and Intergovernmental Relations to examine the ade- pending intelligence matters, 2:30 p.m., SH–219.

VerDate Apr 18 2002 05:23 May 01, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D30AP2.REC pfrm15 PsN: D30AP2 April 30, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D417 House Committee on International Relations, Subcommittee on Europe, hearing on NATO Enlargement: A View from Committee on Appropriations, Subcommittee on Labor, the Candidate Countries, 1 p.m., 2172 Rayburn. Health and Human Services, and Education, on Bioter- rorism, 10:15 a.m., and on Agency for Healthcare Re- Committee on the Judiciary, Subcommittee on Commer- search and Quality, 11:15 a.m., 2358 Rayburn. cial and Administrative Law, hearing on H.R. 4561, Fed- Committee on Armed Services, to mark up the following eral Agency Protection of Privacy Act, 10 a.m., 2141 bills: H.R. 4546, to authorize appropriations for fiscal Rayburn. year 2003 for military activities of the Department of De- Subcommittee on Crime, Terrorism and Homeland Se- fense, and for military construction, to prescribe military curity, oversight hearing on ‘‘Enhancing Child Protection personnel strengths for fiscal year 2003; and H.R. 4547, Laws After the April 16, 2002 Supreme Court Decision, to authorize appropriations for fiscal year 2003 for mili- Ashcroft v. Free Speech Coalition,’’ 2 p.m., 2141 Rayburn. tary activities of the Department of Defense and to pre- Committee on Resources, oversight hearing on the Future scribe military personnel strengths for fiscal year 2003, of the United States Forest Service, 10 a.m., 1334 Long- 10 a.m., 2118 Rayburn. worth. Committee on Education and the Workforce, to mark up Committee on Rules, to consider H.R. 3994, Afghanistan H.R. 4092, Working Toward Independence Act of 2002, Freedom Support Act of 2002, 2 p.m., H–313 Capitol. 10:30 a.m., 2175 Rayburn. Committee on Science, hearing on the Investigation of the Committee on Energy and Commerce, Subcommittee on En- World Trade Center Collapse: Findings, Recommenda- ergy and Air Quality, hearing entitled ‘‘Accomplishments tions and Next Steps, 12 p.m., 2318 Rayburn. of the Clean Air Act, as amended by the Clean Air Act Committee on Transportation and Infrastructure, to consider Amendments of 1990,’’ 10 a.m., 2123 Rayburn. H.R. 3694, Highway Funding Restoration Act, 11:30 Subcommittee on Oversight and Investigations, hearing a.m., 2167 Rayburn. titled ‘‘Oversight and Management of the Government Subcommittee on Highways and Transit, hearing on Purchase Card Program: Reviewing Its Weaknesses and Major Project Management: Solutions for Major Success, Identifying Solutions,’’ 10 a.m., 2322 Rayburn. 2 p.m., 2167 Rayburn. Committee on Financial Services, Subcommittee on Capital Subcommittee on Water Resources and Environment, Markets, Insurance, and Government Sponsored Enter- hearing on H.R. 3673, Recreational Waters Protection prises, hearing entitled ‘‘Corporate Accounting Practices: Act, 9:30 a.m., 2167 Rayburn. Is There a Credibility GAAP?’’ 10 a.m., 2128 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Health, Committee on Government Reform, Subcommittee on Na- to mark up the following bills: H.R. 3253, National tional Security, Veterans’ Affairs and International Rela- Medical Emergency Preparedness Act of 2001; and H.R. tions, hearing on Right Sizing: U.S. Presence Abroad, 10 3254, Medical Education for National Defense in the a.m., 2154 Rayburn. 21st Century Act, 1:30 p.m., 334 Cannon. Committee on House Administration, hearing on E-Con- Permanent Select Committee on Intelligence, executive, on gress? Using Technology to Conduct Congressional Oper- Global Hot Spots, 1 p.m., and, executive, hearing on ations in Emergency Situations, 10 a.m., 1310 Long- General Defense Intelligence Program Budget, 2 p.m., worth. H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 1 10 a.m., Wednesday, May 1

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 2871, ation of the motion to proceed to consideration of H.R. Export-Import Bank Reauthorization Act (structured rule, 3009, Andean Trade Preference Expansion Act, with a one hour of debate); vote to occur on adoption of the motion to proceed Consideration of H.R. 2604, authorization of United States participation and policies regarding the Inter- national Development Funds (suspension); and Consideration of DeGette Motion to Instruct Conferees on H.R. 2215, 21st Century Department of Justice Ap- propriations Authorization Act.

Extensions of Remarks, as inserted in this issue

HOUSE Doolittle, John T., Calif., E662 Moore, Dennis, Kansas, E666, E668, E669 Green, Mark, Wisc., E667, E669 Napolitano, Grace F., Calif., E663, E665 Bentsen, Ken, Tex., E667 Hunter, Duncan, Calif., E661 Oxley, Michael G., Ohio, E662 Capuano, Michael E., Mass., E663 Johnson, Sam, Tex., E668 Pelosi, Nancy, Calif., E669 Clyburn, James E., S.C., E668 Kanjorski, Paul E., Pa., E666 Sanders, Bernard, Vt., E665 Collins, Mac, Ga., E665 Kildee, Dale E., Mich., E663, E664 Shuster, Bill, Pa., E661 Coyne, William J., Pa., E663, E664 Kleczka, Gerald D., Wisc., E662 Stark, Fortney Pete, Calif., E664 DeLauro, Rosa L., Conn., E667 Lantos, Tom, Calif., E666 Thune, John R., S.D., E667, E670 Dooley, Calvin M., Calif., E662 LaTourette, Steve C., Ohio, E669 Underwood, Robert A., Guam, E661

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