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, MARCH 19, 2002 No. 32 House of Representatives The House met at 12:30 p.m. and was going to begin or end in Afghanistan. fought month after month, October, called to order by the Speaker pro tem- The war against terrorism could last November, December, January, and pore (Mr. CULBERSON). years, not just months. But also, if we just a few weeks ago we passed for the f are going to win the war against ter- fourth time legislation to give Ameri- rorism, we have to recognize that we cans help, as well as the opportunity to DESIGNATION OF SPEAKER PRO must get our economy moving again. go back to work. Our Democratic TEMPORE As we look back, over 1 year ago friends relented and worked with us in The SPEAKER pro tempore laid be- when President Bush became Presi- a bipartisan way, and we were able to fore the House the following commu- dent, he inherited a weakening econ- put on the President’s desk legislation nication from the Speaker: omy, an economy that was getting to help American workers, and the weaker by the day; and the President President signed it into law. WASHINGTON, DC, said that we need to give Americans March 19, 2002. With the economic stimulus and se- I hereby appoint the Honorable JOHN more spending money, we need to cut curity package we have helped Amer- ABNEY CULBERSON to act as Speaker pro tem- taxes, we need to take 20 cents out of ican workers who have been laid off pore on this day. every dollar of our budget surplus and with extended unemployment benefits, J. DENNIS HASTERT, give that back to the American work- and we have also provided incentives Speaker of the House of Representatives. ers to help the economy. Well, that tax for investment and the creation of jobs. f cut was signed into law in June of this This legislation will provide an oppor- past year, eliminating the marriage MORNING HOUR DEBATES tunity to give businesses who purchase tax penalty, eliminating the death tax, assets an opportunity to write that off The SPEAKER pro tempore. Pursu- and lowering taxes for every American. quicker with something we call 30 per- Economists were telling us by Labor ant to the order of the House of Janu- cent expensing, or some call bonus de- ary 23, 2002, the Chair will now recog- Day that it was working, the economy was beginning to be on the rebound. preciation. It essentially provides a nize Members from lists submitted by way to recover the cost of that pickup the majority and minority leaders for Then, of course, the tragedy of Sep- tember 11 occurred. That terrorist at- truck or that computer or that piece of morning hour debates. The Chair will telecommunications equipment much alternate recognition between the par- tack on American soil cost thousands of Americans their lives; and since Sep- more quickly. ties, with each party limited to not to The benefit of that is felt when a exceed 30 minutes, and each Member, tember 11, the psychological blow on the economy of that terrorist attack business buys a pickup truck. There is, except the majority leader, the minor- has cost almost a million Americans of course, an auto worker who makes ity leader, or the minority whip lim- their jobs. So we need to get the econ- that pickup truck, as well as the parts ited to not to exceed 5 minutes. omy moving again. We need to give that go in it, and there is a worker who The Chair recognizes the gentleman Americans the opportunity to go back services and installs equipment in that from Illinois (Mr. WELLER) for 5 min- to work. pickup truck. There is also a worker utes. Now, I am proud to say that House who is going to operate that pickup f Republicans have fought hard and led truck for that business. That creates jobs and rewards investment. And I am THE ECONOMY the way to give Americans the oppor- tunity to go back to work. Four times proud to say that the 30 percent ex- Mr. WELLER. Mr. Speaker, today, this House of Representatives passed pensing was the centerpiece of our eco- we are a Nation at war, we are working an economic stimulus package and eco- nomic stimulus plan in rewarding in- to build our homeland security, and we nomic security legislation, helping vestment. are suffering an economic recession. I those laid off with extended unemploy- The legislation will also help home- am proud to say that our commander- ment benefits and providing incentives land security. Many businesses in in-Chief, President Bush, has shown for investment and the creation of jobs. America felt it was important after strong, resolute leadership in the war We want American workers to be able September 11 that they make their against terrorism and has been work- to go back to work. That is our goal. businesses, their plants, their stores, ing to build our homeland security as We recognize that in the past decade it their offices, their places of business well as giving Americans the oppor- was investment in jobs that created safer and more secure for their work- tunity to go back to work. economic growth. ers, their customers, and their visitors; One thing we must not forget in this I am proud to say that the fourth and so their purchase of extra security war against terrorism is that it is not time was a charm. After this House equipment, safety equipment, software

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

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VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.000 pfrm04 PsN: H19PT1 H940 CONGRESSIONAL RECORD — HOUSE March 19, 2002 and cybersecurity equipment costs Al-Aqsa Brigade, Fatah Tanzim, these it is important that he is doing that, money. The 30 percent expensing will are all groups under the control of but I, frankly, do not think the secu- help them recover the cost of investing Yasir Arafat. rity of innocent civilians in Israel in cybersecurity and surveillance So it is not simply a matter of can he should be sacrificed. And if the people equipment and software and other control terrorism and will he control in the Arab capitals are saying, well, measures to ensure their workplace it, it is simply a matter of he is the you know, this Palestinian-Israeli and business is more safe and secure terrorist. He has never changed. Some question is a problem and we cannot for those who visit or work there. people can change and grow, but he has get Arab support for any incursion in We also recognize that many compa- never changed. Terrorism is used as a Iraq unless that ends, Israel should not nies this year, because of the recession, negotiating tool, and it is something be used as a sacrifice because we want are losing money. We gave an oppor- that countries cannot tolerate. Arab support for Iraq. tunity for those companies that are It does not matter what one feels Let us say the way it is. Arafat is the currently losing money to be able to about the Israeli response. It does not terrorist, he is the problem, he is not come up with some investment capital matter what one feels about how terror the solution. to reinvest in jobs within their com- is being fought. President Bush put it f pany, even though they are losing best. He said, you are either with the THE BUDGET money this year, by allowing them to terrorists or you are with us. go back 5 years, to a year they may We launched a campaign in Afghani- The SPEAKER pro tempore. Pursu- have made some money, and apply this stan to root out terrorist cells not be- ant to the order of the House of Janu- year’s loss to that profitable year. cause the Government of Afghanistan, ary 23, 2002, the gentleman from Michi- They will essentially get a tax refund the Taliban, as abhorrent as they are, gan (Mr. SMITH) is recognized during and can then use those dollars to in- were doing the terrorist attacks, but morning hour debates for 5 minutes. vest in job creation. That is what it is the Taliban were aiding and abetting al Mr. SMITH of Michigan. Mr. Speak- all about. Qaeda, which was carrying out the ter- er, this week we are taking up the We want to get this economy moving rorist attacks. budget. We are going to increase the again, and so that is why we wanted to Now, if we go to Afghanistan, and limit on how deep this government can provide investment incentives with 30 rightfully so, and I support everything go into debt. Every year we spend more percent accelerated depreciation as President Bush has done and every- tax dollars and we add more govern- well as giving those companies losing thing our brave men and women are ment services, and my concern is that money this year the opportunity to doing over there, but if it is right for too many Americans are becoming too carry back this year’s loss and come up us to fight terrorism against innocent dependent on government. with investment capital. civilians, and as a New Yorker we all By the next election, this fall, a ma- I am proud to say this House has know the pain of the World Trade Cen- jority of Americans will be dependent acted. We are giving American workers ter, and as someone who works in on Federal Government for their the opportunity go back to work, we Washington, we all know the pain of health, their education, their income, are helping those unemployed; and I what happened at the Pentagon, but if or their retirement benefits. Some sug- am proud to say House Republicans we have the right to fight terrorists on gest that as many as 60 percent of lead the way. the other side of the world, surely households receive more than $10,000 a f Israel has the right to fight terrorism year from government in the form of right in their own back yard. Repeat- retirement, health care, welfare or ARAFAT IS THE PROBLEM, NOT edly, Arafat has been asked to curb ter- other benefits. At the same time, Mr. THE SOLUTION rorism. And again not only is he not Speaker, the number of taxpayers pay- The SPEAKER pro tempore. Pursu- doing it, according to this article, ing for these benefits is rapidly shrink- ant to the order of the House of Janu- which is very accurate, he is directing ing. ary 23, 2002, the gentleman from New the terrorist attacks. The question is, how well can any York (Mr. ENGEL) is recognized during Now, I am glad Vice President CHE- free nation survive when a majority of morning hour debates for 5 minutes. NEY has not met with Arafat. He is in its citizens heavily dependent on gov- Mr. ENGEL. Mr. Speaker, as we the Middle East now and he said he ernment services no longer have the in- speak here today, Vice President CHE- would meet with Arafat under one con- centive to restrain the growth of gov- NEY and General Zinni are both in the dition, that the Palestinians need to ernment? As we all know, over the last Middle East trying to help in the peace embrace the Tenet plan. And what does 50 years, American attitudes have been efforts. I think it is very important, the Tenet plan say? It simply says, shifting from cherishing self-suffi- though, to put things in perspective as stop the violence as a first step to ne- ciency and personal responsibility to the fights and the clashing between the gotiations. But the Palestinians, under wanting a little more security from the Palestinians and the Israelis continue. Arafat, do not want to stop the vio- Federal Government to assure them of For a number of months now, many lence; they want to use it as a negoti- a certain number of benefits. Govern- months, there has been the question of ating tool. This has been a constant ment benefits, once concentrated on what is Arafat doing to stop terrorism with them. the needy, now extend into the middle and can Arafat actually stop ter- Violence and terrorism against inno- and upper-middle class households, rorism? Is he able to do it and does he cent civilians cannot be used as a nego- even as more and more Americans see want to do it? I would like to call the tiating tool, and it is never acceptable their income tax liabilities decrease. attention of my colleagues to an arti- no matter what the grievances are. Today, the majority of Americans cle last week that appeared in USA Blowing yourself up and taking 15 peo- can vote themselves more generous Today, and it is right here, blown up, ple with you, killing innocent kids at government benefits at little or no cost and it says, ‘‘Terrorist says orders pizza shops and discotheques is not ac- to themselves. As a result, they have come from Arafat. Al-Aqsa Martyrs ceptable. And if it is not acceptable in really little incentive to restrain the Brigade leader says group is integral to New York or in Washington or Vir- continued growth of big government Palestinian chief’s Fatah.’’ ginia, it is not acceptable in Tel Aviv and the benefits big government dan- I think it has been very, very clear or Jerusalem either. It is not accept- gles before them. Fifty percent of that not only is Yasir Arafat not the able anywhere in the world. So I think Americans now pay less than 4 percent solution to stopping terrorism in the it is very, very important that we look of the total individual income taxes, Middle East, he is the problem. He is and see what is happening in the Mid- while the top 5 percent pay nearly 55 the one that is sanctioning the terror dle East, who is carrying out these ter- percent of the individual income taxes. in the Middle East. Three-quarters of ror attacks against innocent civilians. At the same time, the folks who are the terrorist attacks directed against Now, I hope that when Vice President paying the least for government are re- innocent Israeli civilians in the past CHENEY is going around to the capitals ceiving the most benefits. Americans several months all come from organiza- to try to line up U.S. support for what- who receive nearly half of the Federal tions to which Arafat is the leader, the ever we wind up doing in Iraq, I think Government benefits pay only, listen

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.002 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H941 to this, Mr. Speaker, pay only 1 per- that the President’s budget proposes to term, and to keep our promise of allow- cent of the individual income taxes. spend $1.6 trillion of the Social Secu- ing generations of retirees to live with b 1245 rity trust fund surplus over the next 10 independence and dignity. years. Let me make it clear. The Presi- Mr. Speaker, I call upon my col- Many of these beneficiaries are poor, dent is proposing to use Social Secu- leagues to defeat the Republican budg- but an increasing number are middle- rity surplus money; and let me add et tomorrow for many reasons, but pri- class retirees who enjoy extra income that $1.6 trillion is not just a dip into marily because it spends the Social Se- and health care through Social Secu- the surplus, it’s a deep dip that will curity trust fund. rity and Medicare. This is help we say amount to two-thirds of the entire So- f from government, but it is from the cial Security surplus. other taxpayers of this country. Not only is this unacceptable to me, PRESIDENT’S BUDGET CANNOT BE Our founders created a system where this amounts to basically $261 billion RESPONSIBLY APPROVED taxes are the price for government ben- more than the administration pre- The SPEAKER pro tempore. Pursu- efits and services. The idea is that vot- viously claimed. I would like to call ant to the order of the House of Janu- ers would restrain the growth and ex- the Bush administration the ‘‘broken ary 23, 2002, the gentleman from Vir- pansion of government because of the promise administration’’ when it ginia (Mr. MORAN) is recognized during personal costs to themselves in taxes. comes to many issues, but especially morning hour debates for 5 minutes. Our founders built into the original with regard to the issue of Social Secu- Mr. MORAN of Virginia. Mr. Speak- Constitution a provision that prohib- rity. er, today the House budget resolution ited taxes based on income because If I remember correctly, Mr. Speaker, goes before the Committee on Rules, they wanted people to achieve. That the Republicans last year promised to and it comes to the House floor tomor- was the motivation. This provision, protect 100 percent of the Social Secu- row. This is a budget that we are not however, was amended by the 16th rity surplus. Ironically, the White familiar with in terms of the under- amendment. As a result, a near major- House Web site today features a quote lying assumptions because up until ity of voters now pay little or no in- from President Bush saying, ‘‘We are now we have been using numbers from come taxes while they receive an in- going to keep the promise of Social Se- the Congressional Budget Office. creasing number of government bene- curity and keep the government from Maybe some people that watched the fits. raiding the Social Security surplus.’’ machinations of the budget process in The extreme progressiveness of our The reality, of course, is that is not the earlier years will recall that our Re- Tax Code has reduced, and in some case. If we take into account the Presi- publican colleagues shut down the Con- cases eliminated, any cost of govern- dent’s optimistic projections, under- gress, shut down the government twice, ment for a growing number of voters. statement of future costs and the igno- insisting on Congressional Budget Of- At the same time, many of these voters rance of other costly elements, it be- fice numbers instead of OMB numbers. are dependent on government for much comes clear that the Bush budget Well, now they have reversed course of their income, their health care, and spends the Social Security surplus over and decided that they want OMB num- other government services. It is like the next decade and beyond. bers because they are more optimistic, handing someone a menu at a res- What we are seeing today with the and they do not want the Congres- taurant and saying this bill is already Bush administration is the most rad- sional Budget Office numbers which are paid for, and then asking them to make ical fiscal reversal in American his- more conservative. an order. I think it is a difficult offer tory. Last year the Republicans inher- We think this is a time to be cau- to refuse, and it is the same way with ited trillions of dollars in surplus over tious and conservative about our pro- government. the previous Clinton administration. jections. Last year we used a 10-year Limited government is ultimately es- The budget that we are debating today projection because if we went out over sential to our economy’s strength and indicates that in one 1 year there has 10 years, there was a $5.6 trillion sur- freedom. The success of the United been a decline in that surplus by $5 plus, and that enabled our colleagues States is built on the free enterprise trillion. The obvious answer to this Re- on the Republican side to justify a $1.7 motivation that those who learn, work publican fiscal irresponsibility is last trillion tax cut. hard, and save are better off than those year’s $1.7 trillion tax cut and this But now they do not want that 10- who do not. As that becomes less true year’s proposed $674.8 billion tax cut. year projection, they only want a 5- with bigger and more intrusive govern- As a result of these Republican tax year budget because of that $5.6 trillion ment, we not only diminish that moti- cuts primarily for the wealthy, the surplus; $5 trillion has disappeared. vation, we lose more of our personal Bush budget rapidly deteriorates the Where has it gone? Well, the biggest liberty and freedom. This is a growing Social Security surplus for day-to-day single component of that loss is attrib- threat to our way of life, and we can no operations of the Federal Government. utable to the tax cuts; 43 percent of it. longer ignore the kind of influence that Democrats believe that the Social Se- The lost surplus is due to the tax cuts. it generates. curity surplus should be rightfully re- About 23 to 25 percent is attributable f warded to America’s seniors. That is to the economy. The rest is attrib- what it is all about. We made a promise utable to additional legislation, par- PRESIDENT’S BUDGET PROPOSES to protect Social Security, not only be- ticularly increases in defense and TO USE SOCIAL SECURITY cause it was one of the most successful homeland security. TRUST FUND social programs, but also because we So we are spending more, we are The SPEAKER pro tempore (Mr. want to ensure that our seniors receive keeping the tax cuts, and yet we do not CULBERSON). Pursuant to the order of the benefits they deserve after years of have the money to pay for it. What the House of January 23, 2002, the gen- hard work and years of paying into the does that mean? That means that this tleman from New Jersey (Mr. PALLONE) system. budget that will be on the floor tomor- is recognized during morning hour de- Social Security we know provides an row assumes that we will take $2.2 tril- bates for 5 minutes. unparalleled safety net for the vast lion out of Social Security and Medi- Mr. PALLONE. Mr. Speaker, tomor- majority of America’s seniors. For two- care trust funds. We are going to have row the House will take up the Repub- thirds of the elderly, Social Security is a deficit of $224 billion just in this lican budget resolution. I am ex- their major source of income. For one- budget year, $830 billion over 5 years. tremely disappointed with President third of the elderly, Social Security is But when we go out 10 years, then it Bush’s budget on a number of fronts, virtually their only source of income. really starts to count. but I am particularly outraged with For these reasons and a lot of others, The problem is that over this next the President’s budget on Social Secu- we as Democrats must do everything in decade, we have a fiscal crisis facing us rity, which is the issue I would like to our power to defeat the Republican because that is when the baby boom discuss this afternoon. budget. We must do this in an effort to generation retires. Mr. Speaker, 77 mil- The Congressional Budget Office pub- protect and strengthen the Social Se- lion people in that baby boom genera- lished a report on March 6 showing curity program for the short and long tion will retire and double the number

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.008 pfrm04 PsN: H19PT1 H942 CONGRESSIONAL RECORD — HOUSE March 19, 2002 of people depending upon Social Secu- Social Security trust fund, not just 1 been responsible for paying down what rity and Medicare. That is why this year, but every year for the next 10 we owe. budget just takes us to the cusp of that years. We need to be responsible as we move point when they retire. These are peo- This year alone, the budget would forward. Indeed every dollar of the ad- ple born right after World War II in train $262 billion in Social Security ditional tax cut would come directly 1945 and 1946. We can do the calcula- funds. Ultimately, the administration’s out of the Social Security trust fund. tions. They start retiring in 2007 and proposed budget takes more than $1.5 We are paying for this war on the 2008. We will not have provided for trillion out of the Social Security sur- backs of our senior citizens’ pension their retirement costs. I say we, to em- plus. The President and the House Re- fund. We ought to be ashamed of our- phasize the fact that, I am a member of publican leadership, just a few months selves. that baby boom generation. My par- ago, including some Democrats, What our seniors need is for all of us ents’ generation fought the ‘‘isms,’’ claimed that we would also support and to work together and give them the Nazism, communism, fascism, and gave establish the Social Security and Medi- sense of security. They do not need us so much better a life than they had care surpluses that would be saved for fancy gimmicks like certificates and inherited from their parents. And what Social Security and Medicare. Now the promises of benefits with no legal guar- are we going to do? We are going to budget saves virtually nothing of So- antee. What they need is a responsible leave to our children the responsibility cial Security or Medicare. budget that takes care of our budget to pay for our retirement costs, our Recently, the CBO released an anal- and considers the fact that we are at health care costs through Medicare, ysis of the administration’s proposed war and that should be our first pri- and to pay off a debt of over $3 trillion. budget. They concluded that the budg- ority, taking care of our seniors and That is what this budget does that our et raids Social Security and threatens our national defense. children will have to face tomorrow. the solvency of the program for future These figures increase significantly if you It makes a number of other cuts that generations. are a woman or a minority. Social Security is the only safety net to keep many of our sen- do not seem to be particularly justi- b 1300 fied. We are in a recessionary period, iors out of poverty. Social Security has lifted over 11 million and to cut $14 million out of housing Further, they project large deficits seniors out of poverty and reduced the elderly for the homeless doesn’t seem right. To for the next several years. They project poverty rate to less than 10%. take $80 million out of the Leave No a $121 billion deficit next year, and by the end of President Bush’s term in Now is not the time for gimmicks and bro- Child Behind education legislation the ken promises. We must make the choices that President has gone around the country 2004, a $262 billion deficit. However, the administration has, for reveal our values as a nation and we must touting and taking credit for, and we keep our promises. agree, it is bipartisan legislation, and the first time since 1988, rejected the f now we are going to take $80 million more conservative economic pre- out of that program? To take $338 mil- dictions of the CBO and, instead, are THE BUDGET lion out of low-income heating assist- using the optimistic, unrealistic fig- The SPEAKER pro tempore (Mr. ures produced by the Bush administra- ance, the LIHEAP program? No that’s CULBERSON). Pursuant to the order of not right. tion’s Office of Management and Budg- the House of January 23, 2002, the gen- et. When they looked at the cuts, they No, Mr. Speaker, this is not a budget tleman from Ohio (Mr. BROWN) is rec- that this Congress can responsibly ap- looked at how our economy was last ognized during morning hour debates prove. March and they projected for the next for 5 minutes. 10 years the same type of economy. As f Mr. BROWN of Ohio. Mr. Speaker, my colleagues well know, you cannot when the House and Senate wrote their SOCIAL SECURITY AND THE even predict what our weather is going budget resolutions last year, Members PRESIDENT’S BUDGET to be next year. were assured by the President of huge The SPEAKER pro tempore. Pursu- They took that prediction because it surpluses as far as the eye could see. ant to the order of the House of Janu- was a very positive prediction. But we The projected surpluses held great ary 23, 2002, the gentleman from Texas should not have assumed that those promise. They were expected to be (Mr. RODRIGUEZ) is recognized during dollars and that the economy would re- large enough to address long-term sol- morning hour debates for 5 minutes. main the same way. Alarmingly, the vency issues of Social Security and Mr. RODRIGUEZ. Mr. Speaker, I rise OMB figures for the administration Medicare and for important priorities today in support of the nearly 100,000 hide the true cost of the administra- like a prescription drug benefit and Social Security beneficiaries that live tion’s sponsored tax cuts. We cannot education. in my district, nearly 70 percent of and must not enact budgets with our Since then, most of the surpluses whom are 65 years of age and older and heads in the sand. We must look at the have evaporated because of last year’s are seniors. dollars that we have now and realisti- unaffordable Bush tax cut and the Today, like so many of us, seniors cally pay down our debt as we should spending necessitated by the tragic stand in the recent tragic events that and make sure we hold that obligation events of September 11. The Repub- have left an imprint on our national to take care of our seniors. licans in the House want to cut taxes landscape forever. They are uneasy Our seniors have questions. They further and spend more, and be con- about their lives and the security of want to know how we have squandered gratulated for their fiscal responsi- their future. Now is the time to address the surplus in just 1 year. And, of bility. their fears, not the time to wage a war course, a lot of us, and for good reason, While we all recognize the need to on the benefits they rely on to live. are concerned about our economy. We protect our country from international I am disturbed by the number and do talk about the fact that 9/11 had a terrorists and rogue nations, the ad- tone of letters and phone calls I have big impact on our economy. In fact, ministration has requested a military received from constituents. Many sen- economists now tell us that half of the budget of $396 billion in fiscal year 2003. iors 70, 80, and 90 years old have ex- problem that we find ourselves in is a This 1-year increase of $45 billion will pressed concern over the solvency of result of the tax cut and half is due to be the largest increase in military Social Security. They want their lead- 9/11. budget authority since 1966 at the ers in Washington to be responsible in Republicans and the administration height of the Vietnam War. This in- their actions and not take chances successfully pushed a tax cut during crease alone, the $45 billion increase with their future and the future of the first half of this session. This irre- alone, is larger than the annual mili- their children. sponsible tax cut cost $1.7 trillion. Now tary budget of every other country in I am further disturbed when I receive they want additional tax cuts. So to- the world. In fact, the nations that the administration’s budget rec- morrow we get to see additional tax President Bush called the ‘‘axis of ommendations. The administration cuts, at a time when we have declared evil,’’ North Korea, Iran and Iraq, our proposes a budget that takes needed war. When we are at war, we have al- military budget will be 15 times the Social Security surpluses out of the ways had a war tax. We have always combined military budget of theirs.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.053 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H943 While this budget is being touted for much more than that if we remain in- THE JOURNAL fighting terrorism, the bulk of the different to the possible trade-offs that The SPEAKER pro tempore. The funding is committed to buying weap- seniors face every day when it comes to Chair has examined the Journal of the ons systems designed or conceived dur- their health. Our senior citizens are last day’s proceedings and announces ing the Cold War. The missile defense being forced to ration health care, not to the House his approval thereof. system, a knockoff of President Rea- based on cost effectiveness, but on how Pursuant to clause 1, rule I, the Jour- gan’s failed Star Wars missile defense far they can stretch a fixed income to nal stands approved. program, gets $8 billion in the Repub- pay for exorbitantly expensive medi- Mr. COBLE. Mr. Speaker, pursuant lican budget, even though it is not cines. to clause 1, rule I, I demand a vote on clear that this system will ever work The U.S. is the wealthiest nation on agreeing to the Speaker’s approval of or ever defend the United States from earth. We are not a drug industry pup- the Journal. any of the actual threats that we actu- pet. We must do better by our seniors. The SPEAKER pro tempore. The ally face. In fact, it has failed test after Investing too little in prescription drug question is on the Speaker’s approval test after test. benefits is like paying to put half a of the Journal. In addition to massive new spending roof on our house. The question was taken; and the on dated military technologies, the Re- Mr. Speaker, I am afraid the Repub- Speaker pro tempore announced that publican budget also includes provi- lican budget with huge tax cuts is tak- the ayes appeared to have it. sions that would cut taxes by $591 bil- ing us down the same road we traveled Mr. COBLE. Mr. Speaker, I object to lion over the next 10 years, making last last year. We will not be able to do the vote on the ground that a quorum year’s tax cut permanent and providing other things that Americans are de- is not present and make the point of a host of new tax cuts to America’s manding of us. order that a quorum is not present. wealthiest companies like Enron, IBM, f The SPEAKER pro tempore. Pursu- American Airlines, Ford, GM, and to ant to clause 8, rule XX, further pro- the wealthiest individuals in this coun- RECESS ceedings on this question will be post- try. The share of these tax cuts going The SPEAKER pro tempore. Pursu- poned. to the top 1 percent of wage earners, The point of no quorum is considered ant to clause 12 of rule I, the Chair de- top 1 percent richest people, would ex- withdrawn. ceed the share going to the bottom 80 clares the House in recess until 2 p.m. f percent. The top 1 percent receives 45 today. percent of the tax cut’s benefits even Accordingly (at 1 o’clock and 7 min- PLEDGE OF ALLEGIANCE though they now pay only 21 percent of utes p.m.), the House stood in recess The SPEAKER pro tempore. Will the until 2 p.m. Federal taxes. The bottom 80 percent gentleman from Tennessee (Mr. DUN- gets only 28 percent of the tax cut’s f CAN) come forward and lead the House benefits with an average cut of only in the Pledge of Allegiance. $430. b 1400 Mr. DUNCAN led the Pledge of Alle- Republicans claim the typical family giance as follows: AFTER RECESS of four will be able to get, quote, at I pledge allegiance to the Flag of the least $1,600 more of their own money The recess having expired, the House United States of America, and to the Repub- when the plan is fully effective. How- was called to order by the Speaker pro lic for which it stands, one nation under God, ever, more than 85 percent of taxpayers tempore (Mr. CULBERSON) at 2 p.m. indivisible, with liberty and justice for all. will get less than that amount. Many f will get nothing. One-third of families f WELCOMING RABBI JOSEPH with children receive no tax cut at all. PRAYER MENDELSOHN OF HESKA AMUNA More than half of all black and His- SYNAGOGUE, KNOXVILLE, TEN- panic families will receive nothing Rabbi Joseph F. Mendelsohn, Heska NESSEE under this plan, even though 75 percent Amuna Synagogue, Knoxville, Ten- of those families have at least one nessee, offered the following prayer: (Mr. DUNCAN asked and was given working parent. The prayer I am about to offer is not permission to address the House for 1 Under this plan, a single mother with original, rather it is read by Jewish minute and to revise and extend his re- two children and a $22,000 annual in- congregations throughout the United marks.) come gets zero from the tax cut. A re- States every Saturday morning during Mr. DUNCAN. Mr. Speaker, we are tired widow with no children and an in- Sabbath services. privileged to have as our guest chap- come of $30,000 would get $300 but a Our God and God of our ancestors, we lain today Rabbi Joseph Mendelsohn of couple making $550,000 with no children ask Your blessings for our country, for the Heska Amuna Synagogue in Knox- would get a tax break of $19,000. its government, for its leaders and ad- ville, Tennessee, to lead us in our open- Unfortunately, once we are done pay- visors, and for all who exercise just and ing prayer. Heska Amuna, loosely ing for military spending increases and rightful authority. Help them to ad- translated, means ‘‘stronghold of new tax cuts, there is little left for minister all affairs of state fairly, that faith,’’ and ‘‘strong faith’’ are words other pressing concerns. For the last peace and security, happiness and pros- that could certainly be used about the many years, literally millions of re- perity, justice and freedom may for- life of Rabbi Mendelsohn. tired seniors have not been able to af- ever abide in our midst. This is the first time since I have ford the medicines they need. We have Creator of all flesh, bless all the in- been a Member of the House, and I am all talked about this in our campaigns. habitants of our country with Your in my 14th year now, this is the first Yet the President’s budget includes spirit. May citizens of all races and time I have had a member of the clergy only $190 billion for Medicare mod- creeds forge a common bond in true from my district lead us in prayer, and ernization and prescription drugs. It is harmony to banish all hatred and big- I am very honored. not anywhere near the amount to fill otry and to safeguard the ideals and Rabbi Mendelsohn was a longtime the prescription drug gap in the Medi- free institutions which are the pride congregant and leader in conservative care program. and glory of our country. Jewish congregations throughout Cali- Bipartisan estimates say that to en- May this land under Your Providence fornia. He became so dedicated to his sure that retirees have access to ade- be an influence for good throughout faith that he decided to fulfill his quate, just adequate, prescription drug the world, uniting all people in peace dream of becoming a full-time member benefit coverage would cost at least and freedom and helping them to fulfill of the rabbinical clergy. $700 billion over 10 years. The Presi- the vision of Your Prophet: ‘‘Nation Known in Knoxville as ‘‘Rabbi Joe,’’ dent’s budget has only $190 billion. The shall not lift up sword against nation, he has been well received, not just by Republican budget we will vote on to- neither shall they experience war any his congregation, but also by his fellow morrow has only $300 billion, because more.’’ clergymen of all faiths in east Ten- of the tax cuts. It will cost the Nation And let us say, Amen. nessee. Apparently he is doing a great

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.007 pfrm04 PsN: H19PT1 H944 CONGRESSIONAL RECORD — HOUSE March 19, 2002 job, because the congregation has seen minute and to revise and extend his re- Mr. PASCRELL. Mr. Speaker, let us a very significant increase in member- marks.) face the facts: Without last year’s tax ship since his arrival. Mr. SANDLIN. Mr. Speaker, we must cut, we could have paid our entire Fed- Pace and Karen Robinson, two well- stop the raid on Social Security in this eral debt by 2008. That occurred before respected and long-time members of country. Last year, the administration September 11. That is the fact. the congregation, said, ‘‘We are glad stood in front of the United States Even with already dipping into So- that Rabbi Joe came to Knoxville and Congress and promised us, My budget cial Security, this budget proposes new became a part of our community by protects all $2.6 trillion of the Social tax cuts. In fact, the gentleman from leading us into the 21st century.’’ Security surplus for Social Security Illinois (Speaker HASTERT) said he Rabbi Mendelsohn is one of the finest and Social Security alone. wants to make the Bush tax cuts per- men I have ever met, and I am honored Later in the year, leadership on the manent. Both of these actions would to have him as our guest chaplain for other side of the aisle said, The House divert money that could have been the United States House of Representa- of Representatives is not going to go used to strengthen Social Security and tives on this occasion. back to raiding the Social Security and pay down the national debt. f Medicare trust funds. In the post-tax cut budget world we now live in, the national debt will still PRIVATE CALENDAR Yet, the reality is that the Repub- lican budget did not protect the Social exist far into the future. Prior to the The SPEAKER pro tempore. This is Security fund. Despite voting five tax cut, it was projected that from 2002 the day for the call of the Private Cal- times for the Social Security lockbox, to 2011, the government would owe $709 endar. The Clerk will call the bill on today we are breaking that promise billion in interest. We pay over $1 bil- the Private Calendar. and raiding Social Security, to the lion of interest on the debt every day. f tune of $1.8 trillion. That is scandalous. Members can shake their heads all NANCY B. WILSON Blue Dogs and other conservative they want. That is a fact of life. They The Clerk called the bill (H.R. 392) Democrats across the country warned that the shaky projections of surplus, should look at their own budget. With- for the relief of Nancy B. Wilson. out a surplus, I do not know how we Mr. COBLE. Mr. Speaker, I ask unan- on which much of last year’s budget was based, could so easily turn into can protect the long-term solvency of imous consent that the bill be passed Social Security or Medicare. over without prejudice. deficits. That prediction has come true. The SPEAKER pro tempore. Is there We are now being asked to consider f objection to the request of the gen- another budget proposal that does not INDO-AMERICAN FRIENDSHIP tleman from North Carolina? even try to disguise the raid on the So- RESTORED There was no objection. cial Security surplus. Thirty-two mil- (Mr. WILSON of South Carolina f lion current retirees depend on Social asked and was given permission to ad- Security income, and that number is SUDAN dress the House for 1 minute and to re- increasing. Congress must stop this at- vise and extend his remarks.) (Mr. PITTS asked and was given per- tack on Social Security. Mr. WILSON of South Carolina. Mr. mission to address the House for 1 f Speaker, last Tuesday I welcomed to minute and to revise and extend his re- Capitol Hill India’s Ambassador to the marks.) IN A WARTIME BUDGET, CON- Mr. PITTS. Mr. Speaker, I rise to GRESS PUTS FIRST THINGS United States, Lalit Mansingh, and raise again the policies of the govern- FIRST Minister Ajay Swarup. I applaud the Indian government, one of the world’s ment of Sudan and its treatment of its (Mr. SAM JOHNSON of Texas asked people. two largest democracies, for fighting and was given permission to address the common enemy of international Christians, Muslims, and Animists the House for 1 minute and to revise who do not submit to the Khartoum re- terrorism. Together, America and India and extend his remarks.) can make South Asia and the world a gime’s control are targeted for destruc- Mr. SAM JOHNSON of Texas. Mr. tion. safer place. Speaker, we are not raiding Social Se- I am happy to see economic ties with In addition to its daily war against curity, not one penny. Back home in the Sudan’s people, which includes de- India booming. Trade increased since the Lone Star State, we say, ‘‘Don’t stroying villages, killing the men and 1991 from $15 million to $15 billion mess with Texas.’’ To the terrorists, I selling women and children into slav- today, and 2 million Indian-Americans say, ‘‘Don’t mess with the U.S.’’ We are ery, the government issues draconian have enriched America with their busi- at war, and this is a wartime budget, punishments for crimes. ness acumen. One recent report details an 18-year- putting first things first. With the victory of democracy in the old illiterate Christian, Abok Alva Here are three of them: Cold War, friendship has been restored Akok, who was raped but was sen- National security tops the list, home- between the people of India and Amer- tenced to death because she could not land security tops the list, and eco- ica. I support President Bush’s initia- produce the four male witnesses re- nomic security tops the list. Also, this tives in building a strong partnership quired under Muslim Sharia law. will be the largest increase in defense between America and India. International outcry caused her sen- spending in over 20 years. I commend the efforts of Ambassador tence to be overturned, but the court This wartime budget gives President Mansingh and Minister Swarup in their then sentenced her to a ‘‘rebuke’’ of 75 Bush all the resources necessary to efforts to bring America and India clos- lashes, carried out immediately. Dur- meet the Nation’s top priorities: win- er together as allies. ing the proceedings, she was denied ning the war, strengthening our home- f land security, investing in the future of legal representation. URGING COLLEAGUES TO SUP- Mr. Speaker, the Khartoum regime our Armed Forces, and keeping our PORT THE BUDGET RESOLUTION, not only denies justice to the Sudan’s promises to our veterans. WHICH LEAVES NO VETERAN BE- people, gives out harsh punishments, A vote for this wartime budget is a HIND and permits active slave trade, but also vote for America’s freedom. A vote for is carrying out a brutal war to destroy this wartime budget is a vote for Amer- (Mr. SMITH of New Jersey asked and the people of southern Sudan. ica’s security. was given permission to address the Khartoum’s brutal policies must be f House for 1 minute and to revise and stopped. extend his remarks.) BUDGET, DEBT, AND SOCIAL f Mr. SMITH of New Jersey. Mr. SECURITY Speaker, next year there will be 700,000 STOP THE RAID ON SOCIAL (Mr. PASCRELL asked and was given more unique veteran patients in the SECURITY permission to address the House for 1 VA health care network than were pro- (Mr. SANDLIN asked and was given minute and to revise and extend his re- jected just 1 year ago. And as our vet- permission to address the House for 1 marks.) eran population continues to age and

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.012 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H945 medical costs continue to skyrocket, bill (H.R. 3985) to amend the Act enti- tration decision may be enforced in ei- we can expect to see this trend con- tled ‘‘An Act to authorize the leasing ther tribal or Federal court. Unfortu- tinue for most of the decade. of restricted Indian lands for public, re- nately, tenants and their lenders re- As chairman of the Committee on ligious, educational, recreational, resi- main uncomfortable with the tribal Veterans Affairs, I have been working dential, business, and other purposes court for a variety of reasons, and Fed- with my colleagues to ensure that next requiring the grant of long-term eral courts would lack jurisdiction over year’s budget meets the documented leases’’, approved August 9, 1955, to contract disputes between private busi- needs of our Nation’s 25 million vet- provide for binding arbitration clauses ness entities and Indian tribes. erans. in leases and contracts related to res- In addition to the possible develop- Mr. Speaker, I am very pleased to say ervation lands of the Gila River Indian ment of a stadium site, the community that, under the leadership of the budg- Community. has developed the business part for et chairman, the gentleman from Iowa The Clerk read as follows: high-end commercial uses. Since poten- (Mr. NUSSLE), the budget resolution tial business partners see no viable that comes to the floor will not only H.R. 3985 Be it enacted by the Senate and House of Rep- means to enforce contract and land maintain our sacred commitments, but lease arbitration provisions, some very will actually expand vital health care resentatives of the United States of America in Congress assembled, That the first section of good potential tenants for the commu- for our veterans. the Act entitled ‘‘An Act to authorize the nity’s business park and other poten- The VA’s budget will grow to a leasing of restricted Indian lands for public, tial business partners have in the past record $56.9 billion, including a whop- religious, educational, recreational, residen- ping 12 percent increase in VA health decided to look elsewhere. Providing tial, business, and other purposes requiring potential tenants with a Federal court care. That is $2.8 billion for veterans’ the grant of long-term leases’’, approved Au- remedy if the community refuses to ar- health care. gust 9, 1955, (69 Stat. 539; 25 U.S.C. 415) is It is a good budget, and I commend amended by adding at the end the following bitrate according to agreed-to lease the chairman, the gentleman from new subsection: provisions will cause quality devel- Iowa (Mr. NUSSLE), for crafting this ‘‘(f) Any lease entered into under the Act opers to be more interested in leasing outstanding budget to our Nation’s of August 9, 1955 (69 Stat. 539), as amended, land in the business part because leases veterans. or any contract entered into under section will be more financeable and market- 2103 of the Revised Statutes (25 U.S.C. 81), as f able. amended, affecting land within the Gila The Salt River Pima-Maricopa In- COMMUNICATION FROM THE River Indian Community Reservation may dian Community, also in my congres- CLERK OF THE HOUSE contain a provision for the binding arbitra- tion of disputes arising out of such lease or sional district, has been successful in The SPEAKER pro tempore laid be- contract. Such leases or contracts entered attracting commercial tenants to its fore the House the following commu- into pursuant to such Acts shall be consid- various projects. One reason for its suc- nication from the Clerk of the House of ered within the meaning of ‘commerce’ as cess is a unique Federal statute that Representatives: defined and subject to the provisions of sec- Congress adopted in 1983. This statute OFFICE OF THE CLERK, tion 1 of title 9, United States Code. Any re- basically provides that with respect to HOUSE OF REPRESENTATIVES, fusal to submit to arbitration pursuant to a Salt River leases, Federal courts have Washington, DC, March 18, 2002. binding agreement for arbitration or the ex- jurisdiction to enforce agreements to ercise of any right conferred by title 9 to Hon. J. DENNIS HASTERT, arbitrate and any resulting arbitration The Speaker, House of Representatives, abide by the outcome of arbitration pursuant to the provisions of chapter 1 of title 9, sec- decision. To a large extent, this statute Washington, DC. has enabled Salt River leases to be DEAR MR. SPEAKER: Pursuant to the per- tions 1 through 14, United States Code, shall mission granted in Clause 2(h) of Rule II of be deemed to be a civil action arising under financeable and marketable. Attorneys the Rules of the U.S. House of Representa- the Constitution, laws or treaties of the for the Salt River Pima-Maricopa In- tives, the Clerk received the following mes- United States within the meaning of section dian Community report that there has sage from the Secretary of the Senate on 1331 of title 28, United States Code.’’. never been any Federal court litigation March 15, 2002 at 11:27 a.m. That the Senate The SPEAKER pro tempore. Pursu- filed pursuant to the statute since it agreed to the House amendment to the Sen- ant to the rule, the gentleman from Ar- was adopted nearly 20 years ago. Still ate amendments to the bill H.R. 1499. Appointments: Board of Trustees of the izona (Mr. HAYWORTH) and the gen- the statute has provided assurance to American Folklife Center of the Library of tleman from American Samoa (Mr. tenants that, if necessary, there is an Congress. FALEOMAVAEGA) each will control 20 available forum other than tribal court With best wishes, I am minutes. to enforce Salt River’s agreement to Sincerely, The Chair recognizes the gentleman arbitrate lease disputes. JEFF TRANDAHL, from Arizona (Mr. Hayworth). Mr. Speaker, I would also mention Clerk of the House. that the introduction of this legisla- b 1415 f tion does not in any way imply any ANNOUNCEMENT BY THE SPEAKER Mr. HAYWORTH. Mr. Speaker, I preference for the selection of the Gila PRO TEMPORE yield myself such time as I may con- River Indian Community for the site of sume. The SPEAKER pro tempore. Pursu- the Arizona Cardinals stadium. I feel Mr. Speaker, I look forward to work- ant to clause 8 of rule XX, the Chair that both the Gila River Indian Com- ing with my friend, the gentleman announces that he will postpone fur- munity site and the city of Mesa site ther proceedings today on each motion from American Samoa (Mr. will serve as excellent possibilities for to suspend the rules on which a re- FALEOMAVAEGA) this afternoon on the construction of a new stadium. This corded vote or the yeas and nays are legislation. legislation, however, will help ensure ordered, or on which the vote is ob- Mr. Speaker, the Gila River Indian that the best possible business environ- jected to under clause 6 of rule XX. community is currently a finalist in ment will exist if the stadium is to be Any record votes on postponed ques- the new Arizona Cardinals Stadium built. Therefore, I would urge passage tions will be taken after debate has site selection process. In connection of the bill. concluded on all motions to suspend with the possible development of the Mr. Speaker, I reserve the balance of the rules, but not before 6:30 p.m. stadium on the Gila River Indian Com- my time. today. munity’s reservation, the issue has Mr. FALEOMAVAEGA. Mr. Speaker, arisen regarding the need for certainty f I yield myself such time as I may con- with respect to resolution of contract sume. PROVIDING FOR BINDING ARBI- disputes between the Gila River Indian (Mr. FALEOMAVAEGA asked and TRATION IN LEASES AND CON- Community and its business lease ten- was given permission to revise and ex- TRACTS ON RESERVATON LANDS ants. tend his remarks.) OF GILA RIVER INDIAN COMMU- Many of the community’s commer- Mr. FALEOMAVAEGA. Mr. Speaker, NITY cial contracts provide for arbitration of I certainly would like to commend my Mr. HAYWORTH. Mr. Speaker, I disputes. They further provide that the good friend and colleague, the gen- move to suspend the rules and pass the agreement to arbitrate and any arbi- tleman from Arizona (Mr. HAYWORTH)

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.055 pfrm04 PsN: H19PT1 H946 CONGRESSIONAL RECORD — HOUSE March 19, 2002 for his management of this piece of leg- lenge to our Native American commu- Mr. HAYWORTH. Mr. Speaker, I islation. nity, where are your Jim Thorpes and yield myself such time as I may con- Mr. Speaker, I rise in support of H.R. Jimmy Sixkillers? We need more of sume. 3985, a bill to assist the Gila River In- them. I would like to suggest to my Mr. Speaker, again I would thank my dian Community in the State of Ari- friend from Arizona (Mr. HAYWORTH), I friend, the gentleman from American zona with the plans of economic devel- would be more than happy to accom- Samoa (Mr. FALEOMAVAEGA), and let opment of tribal lands. I want to thank modate any of your needs, if you need me simply say that it is my hope that and congratulate again the two spon- more Samoan football players for the this example can be replicated to offer sors of this legislation, the gentleman Arizona Cardinal team. economic opportunity throughout the from Arizona (Mr. HAYWORTH) and also With this in mind, Mr. Speaker, I width and breadth of Indian country as my good friend, the gentleman from urge my colleagues to support this leg- we move in the days ahead. I would Arizona (Mr. PASTOR) for their hard islation. Again, I thank my good friend urge my colleagues to support the leg- work in bringing this bill before us from Arizona (Mr. HAYWORTH). islation. today. Both gentlemen from Arizona Mr. Speaker, I reserve the balance of Mr. PASTOR. Mr. Speaker, I rise today as are good friends of Indian tribes and my time. an original co-sponsor of this important legisla- are often at the forefront of issues im- Mr. HAYWORTH. Mr. Speaker, I tion which will help to bring needed economic portant to all of our Native American yield myself such time as I may con- development opportunities to the Gila River In- community. sume. dian Community located in Phoenix. Mr. Speaker, I thank my friend, the The Gila River Indian Community is In recent months, there have been many in- gentleman from American Samoa (Mr. one of the several Indian tribes which quiries to the Gila River Indian Community FALEOMAVAEGA). For purposes of full has taken full advantage of the pro- from potential tenants for purposes of creating disclosure, we should point out he is ceeds it receives from a well-run gam- establishment of business. These businesses quite right. In fact, both the Univer- ing facility to diversify into a com- will not only provide needed job opportunities, sity of Arizona and Arizona State Uni- prehensive economic development plan. but also serve the consumers of Phoenix. versity have enjoyed great success with It is a true success story that this In- However, one of the persistent questions of athletes from American Samoa, and for dian tribe, which not so long ago was potential tenants concerns how lease disputes purposes of full disclosure, my alma impoverished, stands at the brink of might be resolved. Many of the Community’s mater, N.C. State, enjoyed the services becoming the home of the Arizona Car- of Niko Noga as middle guard. commercial contracts provide for arbitration of dinals National Football stadium. We appreciate the athletic prowess of disputes. They further provide that the agree- Years of good management, principles, our friends, but more than football, ment to arbitrate may be enforced in either smart business practices and innova- and obviously, we are focused on this Tribal or Federal Court. There exists, however, tive thinking on behalf of the tribal possibility, but in spite of football you an unusual and troubling circumstance associ- leaders has brought them to this point. can see, really, we are looking at finan- ated with this practice. Unfortunately, some In order to encourage business devel- cial opportunities and economic possi- tenants and their lenders are uncomfortable opment on the Gila River Reservation, bilities for the Gila River Indian Com- with the use of Tribal Courts, and Federal the tribe has adopted standard provi- munity, much like the Salt River Courts generally lack jurisdiction over landlord- sions in its commercial agreements Pima-Maricopa Community, also in my tenant disputes. which provide for arbitration should district, has enjoyed. So this legisla- This legislation is simply an attempt to make any dispute arise. This legislation will tion which we join together in a bipar- potential business developers and their lend- provide Federal court jurisdiction to tisan fashion to champion today is all ers more comfortable with the method used to enforce both agreements for arbitra- about economic opportunity. That is settle any disputes or disagreements. tion and any resulting arbitration deci- the real possibility we champion here A similar arrangement is already in place sions. today, even as we certainly tip our rhe- with the Salt River Pima-Maricopa Indian Unfortunately, many non-Indian torical cap to the great athletes of Community, and it is my understanding that businesses still lack a full under- American Samoa who have performed there has never been any Federal Court litiga- standing of tribal courts and remain so admirably in the State of Arizona. tion filed since the statute was adopted almost uncomfortable with the prospect of Mr. Speaker, I reserve the balance of 20 years ago. Still, the statute has provided pursuing disputes there. The tribe has my time. assurances and peace of mind to the busi- asked Congress to provide this Federal Mr. FALEOMAVAEGA. Mr. Speaker, nesses who have located there. This legisla- court remedy to assist them in their I yield myself such time as I may con- tion would virtually establish the same legal economic pursuits. In a letter to the sume. proceedings and options for the Gila River In- Committee on Resources ranking mem- Mr. Speaker, I think this is also a dian Community. ber, the gentleman from West Virginia classic example where we find that we The Gila River Indian Community fully sup- (Mr. RAHALL), Gila River Indian River recognize the sovereignty of our Native ports this legislation. Community Governor Donald Antone, American people, but at the same time Mr. Speaker, again, I wish to express my Sr., wrote, ‘‘The community has found we also recognize that there is a sense support for this legislation and ask my col- this formulation to provide a level of of flexibility where if there are prob- leagues to vote for passage. comfort to certain non-Indian busi- lems that are needful, not only from Mr. HAYWORTH. Mr. Speaker, I nesses who are largely unfamiliar with the business community, to allow yield back the balance of my time. tribal governments and their judicial issues that need to be taken or arbi- The SPEAKER pro tempore (Mr. system.’’ trated or adjudicated, be taken to the CULBERSON). The question is on the mo- This is an example of tribal self-de- Federal courts. I think this is an exam- tion offered by the gentleman from Ar- termination at its finest, and I wish to ple of where the States and the tribes izona (Mr. HAYWORTH) that the House commend Governor Antone and the can work together and provide solu- suspend the rules and pass the bill, Gila River Tribal Council continued tions to whatever problems arise. I H.R. 3985. success as they blend their ancient cul- think this legislation provides for that. The question was taken; and (two- ture with moderate economic develop- Mr. Speaker, again I commend both thirds having voted in favor thereof) ments to enhance the lives of all their of my friends, the gentlemen from Ari- the rules were suspended and the bill members. zona (Mr. PASTOR and Mr. HAYWORTH) was passed. Mr. Speaker, I just want to mention for working together with our Indian A motion to reconsider was laid on the fact that the Arizona Cardinals Na- tribes and with the members of the the table. tional Football team was mentioned business community of Arizona that we f here. I have had a couple of my cousins now have provided a resolution to the LEASE LOT CONVEYANCE ACT OF that have played for the Cardinals. In problem that we have been faced with. fact, one currently plays for the Ari- I commend my good friend for his ef- 2002 zona Cardinals. His name Ma’o Tosi. He forts. Mr. HAYWORTH. Mr. Speaker, I is only six-foot-five and he weighs 300 Mr. Speaker, I yield back the balance move to suspend the rules and pass the pounds. I would like to offer my chal- of my time. bill (H.R. 706) to direct the Secretary of

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.018 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H947 the Interior to convey certain prop- cess is provided under the leases that apply to SEC. 7. FEDERAL RECLAMATION LAW. erties in the vicinity of the Elephant the Properties as of the date of the enactment of No conveyance under this Act shall restrict or Butte Reservoir and the Caballo Res- this Act. limit the authority or ability of the Secretary to fulfill the duties of the Secretary under the Act ervoir, New Mexico, as amended. (b) CONSIDERATION.—As consideration for any conveyance under this section, the Secretary of June 17, 1902 (32 Stat. 388, chapter 1093), and The Clerk read as follows: shall require the Purchaser to pay to the United Acts supplemental to and amendatory of that H.R. 706 States fair market value of the Properties. Act (43 U.S.C. 371 et seq.). Be it enacted by the Senate and House of Rep- SEC. 5. TERMS OF CONVEYANCE. The SPEAKER pro tempore. Pursu- resentatives of the United States of America in (a) SPECIFIC CONDITIONS.—As conditions of ant to the rule, the gentleman from Ar- Congress assembled, any conveyance to the Purchaser under this izona (Mr. HAYWORTH) and the gen- SECTION 1. SHORT TITLE. Act, the Secretary shall require the following: tleman from American Samoa (Mr. This Act may be cited as the ‘‘Lease Lot Con- (1) LEASEHOLDERS’ OPTION.—The Purchaser FALEOMAVAEGA) each will control 20 veyance Act of 2002’’. shall grant to each Lessee of a Property an SEC. 2. FINDINGS. option— minutes. The Congress finds that the conveyance of the (A) to purchase the Property at fair market The Chair recognizes the gentleman Properties to the Lessees for fair market value value; or from Arizona (Mr. HAYWORTH). would have the beneficial results of— (B) to continue leasing the Property on terms Mr. HAYWORTH. Mr. Speaker, I (1) eliminating Federal payments in lieu of to be negotiated with the Purchaser. yield myself such time as I may con- taxes and associated management expenditures (2) ADMINISTRATIVE COSTS.—Any reasonable sume. in connection with the Government’s ownership administrative cost incurred by the Secretary in- Mr. Speaker, H.R. 706, sponsored by of the Properties, while increasing local tax rev- cident to the conveyance under section 6 shall the gentleman from New Mexico (Mr. enues from the new owners; be reimbursed by the Purchaser. (2) sustaining existing economic conditions in SKEEN), directs the Secretary of the In- (b) RESTRICTIVE USE COVENANT.— terior to convey certain properties in the vicinity of the Properties, while providing (1) IN GENERAL.—To maintain the unique the new owners of the Properties the security to character of the area in the vicinity of the Res- the vicinity of the Elephant Butte Res- invest in permanent structures and improve- ervoirs, the Secretary shall establish, by the ervoir and the Caballo Reservoir in ments; and terms of conveyance, use restrictions to carry New Mexico, to transfer 403 rec- (3) adding needed jobs to the county in which out paragraph (2) that— reational lots on the two reservoirs to the Properties are located and increasing rev- (A) are appurtenant to, and run with, each private ownership. This transaction enue to the county and surrounding commu- Property; and will be done at fair market value. Con- nities through property and gross receipt taxes, (B) are binding upon each subsequent owner thereby increasing economic stability and a sus- gress expects that the cost of the ap- of each Property. praisal and surveys will be included as tainable economy in one of the poorest counties (2) ACCESS TO RESERVOIRS.—The use restric- in New Mexico. tions required by paragraph (1) shall ensure reimbursable costs to the purchaser. SEC. 3. DEFINITIONS. that— The manager’s amendment clarifies In this Act: (A) public access to and along the shoreline of several technical issues regarding the (1) FAIR MARKET VALUE.—The term ‘‘fair mar- the Reservoirs in existence on the date of enact- transfer of the properties. ket value’’ means, with respect to a parcel of ment of this Act is not obstructed; Mr. Speaker, I yield such time as he property, the value of the property determined— (B) adequate public access to and along the may consume to the gentleman from (A) without regard to improvements con- shoreline of the Reservoirs is maintained; and structed by the Lessee of the property; New Mexico (Mr. SKEEN), the bill’s (C) the operation of the Reservoirs by the Sec- sponsor, to offer further information (B) by an appraisal in accordance with the retary or the Irrigation Districts shall not result Uniform Standards for Federal Land Acquisi- in liability of the United States or the Irrigation on this legislation. tions; and Districts for damages incurred, as a direct or in- Mr. SKEEN. Mr. Speaker, I rise (C) by an appraiser approved by the Secretary direct result of such operation, by the owner of today to ask the House of Representa- and the purchaser. any Property conveyed under this Act, tives to support passage of H.R. 706, (2) IRRIGATION DISTRICTS.—The term ‘‘Irriga- including— legislation that will allow citizens to tion Districts’’ means the Elephant Butte Irriga- (i) damages for any loss of use or enjoyment purchase the lands on which their tion District and the El Paso County Water Im- of a Property; and provement District No. 1. homes were built near a Bureau of Rec- (ii) damages resulting from any modifications lamation project in southern New Mex- (3) LESSEE.—The term ‘‘Lessee’’ means the or construction of any reservoir dam. leaseholder of a Property on the date of enact- ico. (c) TIMING.— ment of this Act, and any heir, executor, or as- (1) IN GENERAL.—The Secretary shall convey The Elephant Butte Reservoir story sign of the leaseholder with respect to that the Properties under this Act as soon as prac- begins in the 1930s as the government leasehold interest. ticable after the date of enactment of this Act offered people the opportunity to build (4) PROPERTY.—The term ‘‘Property’’ means and in accordance with all applicable law. recreational homes on the land leased any of the cabin sites comprising the Properties. (2) REPORT.—If the Secretary has not com- (5) PROPERTIES.—The term ‘‘Properties’’ from the U.S. Bureau of Reclamation. pleted conveyance of the Properties to the Pur- means all the real property comprising 403 cabin The covenants in the lease agreements chaser by the end of the 1-year period beginning sites under the administrative jurisdiction of the required leaseholders to make substan- on the date of the enactment of this Act, the Bureau of Reclamation that are located along tial investments on the 400-plus sites Secretary shall, before the end of that period, the western portion of the reservoirs in Elephant submit a report to the Congress explaining the under this program. It was every lease- Butte State Park and Caballo State Park, New reasons that conveyance has not been completed holder’s hope that the government Mexico, including easements, roads, and other and stating the date by which the conveyance would someday privatize the leased appurtenances. The exact acreage and legal de- will be completed. land and offer it for sale through a pur- scription of such real property shall be deter- (d) REIMBURSEMENT OF PURCHASER’S COSTS.— mined by the Secretary after consulting with the chase option. The terms of conveyance shall authorize the Purchaser. The Bureau throughout most of the Purchaser to require each Lessee to reimburse (6) PURCHASER.—The term ‘‘Purchaser’’ 20th century apparently felt that some means the Elephant Butte/Caballo Leaseholders the Purchaser for a proportionate share of the day they might need this land if the Association, Inc., a nonprofit corporation estab- costs incurred by the Purchaser in completing the transactions pursuant to this Act, including dams were ever enlarged. We now be- lished under the laws of New Mexico. lieve that the modification or enlarge- (7) RESERVOIRS.—The term ‘‘reservoirs’’ means any interest charges. SEC. 6. RESOLUTION OF CLAIMS AND DISPUTES. ment will never occur. the Elephant Butte Reservoir and the Caballo While legislation enacted by Con- Reservoir in the State of New Mexico. After conveyance of the Properties to the Pur- (8) SECRETARY.—The term ‘‘Secretary’’ means chaser, if any Lessee has a dispute with or claim gress in 1984 allowed the leaseholders of the Secretary of the Interior. against the Purchaser or any of its officers, di- Lake Sumner in New Mexico, where SEC. 4. CONVEYANCE OF PROPERTIES. rectors, or members arising from the Properties, recreational homes also existed, the (a) IN GENERAL.—The Secretary shall convey the Lessee shall promptly give written notice of opportunity to purchase their lots, the to the Purchaser in accordance with this Act, the dispute or claim to the Purchaser. If such residents of Elephant Butte remained subject to valid existing rights, all right, title, notice is not provided to the Purchaser within in a lease-only situation. and interest of the United States in and to the 20 days after the date the Lessee knew or should Despite my previous efforts, includ- Properties and all appurtenances thereto, in- have known of such dispute or claim, then any ing the introduction of prior-year legis- right of the Lessee for relief based on such dis- cluding specifically easements for— lation, and established patterns of gov- (1) vehicular access to each Property; pute or claim shall be waived. If the Lessee and (2) drainage; and the Purchaser are unable to resolve the dispute ernment transfers, the project re- (3) access to and the use of all ramps, retain- or claim by mediation, the dispute or claim shall mained lease-only and lease lot holders ing walls, and other improvements for which ac- be resolved by binding arbitration. remained in limbo.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.020 pfrm04 PsN: H19PT1 H948 CONGRESSIONAL RECORD — HOUSE March 19, 2002 There are two issues that had to be and again, I commend the gentleman H.R. 1712 resolved with the Bureau of Reclama- from New Mexico (Mr. SKEEN), the Be it enacted by the Senate and House of Rep- tion in order to facilitate a successful chairman of our Committee on Appro- resentatives of the United States of America in transfer. These included property ap- priations’ Subcommittee on Interior. I Congress assembled, praisal and the number of lots that urge my colleagues to support this leg- SECTION 1. BOUNDARY ADJUSTMENT OF THE NA- would be sold. islation. TIONAL PARK OF AMERICAN SAMOA. My bill, H.R. 706, addresses each of Mr. Speaker, I reserve the balance of Section 2(b) of the Act entitled ‘‘An Act to es- these issues in a fair and equitable tablish the National Park of American Samoa’’ my time. (16 U.S.C. 410qq–1(b)), approved October 31, manner. In effect, all current lease- Mr. HAYWORTH. Mr. Speaker, I 1988, is amended— holders would have the opportunity to yield myself such time as I may con- (1) by striking ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’ and in- purchase the land on which their sume. serting ‘‘(A)’’, ‘‘(B)’’, and ‘‘(C)’’, respectively; homes currently exist as an unap- Though this oft times is far from the (2) by inserting ‘‘(1)’’ after ‘‘INCLUDED.—’’; proved, lakefront appraised value. roar of the grease paint and the smell and Finally, the bill guarantees contin- of the crowd, this is another common- (3) by adding at the end the following new ued public access to the water. I do sense piece of legislation that we will paragraph: want to thank the House Committee on move on today to reaffirm what is real- ‘‘(2) The Secretary may make adjustments to the boundary of the park to include within the Resources for their assistance and es- ly, we call it bipartisan but basically park certain portions of the islands of Ofu and pecially the Subcommittee on Water nonpartisan, focusing on results for Olosega, as depicted on the map entitled ‘Na- and Power chairman, the gentleman real people. tional Park of American Samoa, Proposed from California (Mr. CALVERT), and his The gentleman from New Mexico (Mr. Boundary Adjustment’, numbered 82,035 and talented staff for their assistance and SKEEN), the dean of that State’s dele- dated February 2002, pursuant to an agreement patience in working with me on this gation, put it quite succinctly, and I with the Governor of American Samoa and con- important bill. think very poignantly, when he said tingent upon the lease to the Secretary of the This legislation is carefully crafted this legislation ultimately is about newly added lands. As soon as practicable after to resolve these issues, and we must a boundary adjustment under this paragraph, people and doing what is right; and it the Secretary shall modify the maps referred to not lose the sight of the fact that this is in that spirit that I would commend in paragraph (1) accordingly.’’. is really a story about people, their this legislation to the full body. I con- The SPEAKER pro tempore. Pursu- lives, and the role of the government in gratulate the gentleman from New ant to the rule, the gentleman from Ar- the settling of the West. Mexico (Mr. SKEEN) on a commonsense izona (Mr. HAYWORTH) and the gen- In closing, Mr. Speaker, I ask Mem- piece of legislation. tleman from American Samoa (Mr. bers to do what is right by passing this I thank, once again, the gentleman FALEOMAVAEGA) each will control 20 legislation. It is time that we offer from American Samoa (Mr. minutes. these fine people the opportunity to FALEOMAVAEGA) for his help on this The Chair recognizes the gentleman purchase the land that many have and the help of all the members of the from Arizona (Mr. HAYWORTH). leased for over 60 years. committee to expedite this process to Mr. HAYWORTH. Mr. Speaker, I I thank the gentleman from Arizona do the right thing. yield myself such time as I may con- (Mr. HAYWORTH) for his kindness. Mr. Speaker, I urge passage of this sume. Mr. HAYWORTH. Mr. Speaker, I re- legislation, and I yield back the bal- H.R. 1712, introduced by our com- serve the balance of my time. ance of my time. mittee colleague, the gentleman from Mr. FALEOMAVAEGA. Mr. Speaker, Mr. FALEOMAVAEGA. Mr. Speaker, American Samoa (Mr. FALEOMAVAEGA), I yield myself such time as I may con- I yield myself such time as I may con- would authorize the Secretary of the sume. sume. Interior to make adjustments to the (Mr. FALEOMAVAEGA asked and I want to remind my colleagues, this boundary of the national park of Amer- was given permission to revise and ex- piece of legislation had the full, bipar- ican Samoa to include certain portions tend his remarks.) tisan support of the Committee on Re- of the islands of Ofu and Olosega with- Mr. FALEOVAVAEGA. Mr. Speaker, sources. It also has the support of the in the park. I would like to commend the distin- administration, and I urge my col- Created in 1988, the national park of guished chairman of the Subcommittee leagues to support this bill. American Samoa preserves the tropical on Interior of the Committee on Appro- Mr. Speaker, I yield back the balance forests and archeological and cultural priations, the gentleman from New of my time. resources of American Samoa and its Mexico (Mr. SKEEN) as the principal au- The SPEAKER pro tempore (Mr. associated coral reefs. In fact, Mr. thor of this legislation. CULBERSON). The question is on the mo- Speaker, the national park of Amer- Mr. Speaker, the amendment would tion offered by the gentleman from Ar- ican Samoa preserves the only transfer title to 43 lakefront lots and izona (Mr. HAYWORTH) that the House paleotropical rain forest in the United improvements within the Bureau of suspend the rules and pass the bill, States. Reclamation’s Rio Grande Project in H.R. 706, as amended. Mr. Speaker, expanding the park’s New Mexico and Texas to the Elephant The question was taken; and (two- boundaries to include land and water Butte/Caballo Leaseholders Associa- thirds having voted in favor thereof) on the islands of Ofu and Olosega would tion. the rules were suspended and the bill, protect additional coral communities as amended, was passed. b 1430 that harbor great diversity of species, A motion to reconsider was laid on including the endangered hawsbill, pre- In the late 1940s, reclamation leased the table. one-half acre lakefront sites to visitors serve high concentrations of medicinal using tents, campers or other tem- f plans, and offer increased scuba diving porary structures. Over time, perma- and hiking opportunities, while at the nent structures and other improve- NATIONAL PARK OF AMERICAN same time preserve subsistence fishing, ments replaced the temporary struc- SAMOA BOUNDARY ADJUSTMENT which is protected by the park’s ena- tures, and many are now used on a full- ACT bling legislation. time basis. Mr. HAYWORTH. Mr. Speaker, I Finally, Mr. Speaker, unlike all The amendment reflects changes rec- move to suspend the rules and pass the other units in our national park sys- ommended by the Interior and Justice bill (H.R. 1712) to authorize the Sec- tem, the National Park Service would Departments. It requires the lease- retary of the Interior to make minor lease, rather than purchase, the addi- holders to pay market value, without adjustments to the boundary of the Na- tional lands. Currently, the park serv- regard to improvements made by the tional Park of American Samoa to in- ice manages 9,000 acres of land and lessees. clude certain portions of the islands of water on the islands of American Certainly there is no question that Ofu and Olosega within the park, and Samoa through a 50-year lease. The ad- this legislation is necessary as a relief for other purposes, as amended. ditional lands and waters would also be for these lakefront property owners; The Clerk read as follows: leased by the park service.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.021 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H949 Mr. Speaker, I would urge my col- The National Park Service research- Mr. FALEOMAVAEGA. Mr. Speaker, leagues to support H.R. 1712, as amend- ers also discovered that on top of this again, I thank the gentleman from Ari- ed. particular island of Olosega, were sev- zona (Mr. HAYWORTH) for his eloquence Mr. Speaker, I reserve the balance of eral acres of medicinal plants that are and his remarks. my time. found nowhere else in the Samoan is- Mr. Speaker, I yield back the balance Mr. FALEOMAVAEGA. Mr. Speaker, lands. This leads me to my next point, of my time. I yield myself such time as I may con- Mr. Speaker, about the importance of The SPEAKER pro tempore. The sume. this unique national park. question is on the motion offered by (Mr. FALEOMAVAEGA asked and One of the world’s most renowned the gentleman from Arizona (Mr. was given permission to revise and ex- ethnobotanists, Dr. Paul Cox, who is HAYWORTH) that the House suspend the tend his remarks.) currently the director of the National rules and pass the bill, H.R. 1712, as Mr. FALEOMAVAEGA. Mr. Speaker, Tropical Botanical Garden on the is- amended. I want to certainly thank the gen- land of Kauai in the State of Hawaii, The question was taken. tleman from Arizona (Mr. HAYWORTH) conducted a series of research and The SPEAKER pro tempore. In the for his eloquent statement in support study of several of the ancient Samoan opinion of the Chair, two-thirds of of this legislation. I also want to thank medicinal plants. From one of these those present have voted in the affirm- the Republican and Democratic House plants a substance called protrastin ative. Mr. HAYWORTH. Mr. Speaker, I de- leadership, the gentleman from Utah has now been discovered. It has been mand a recorded vote, and pending (Mr. HANSEN) and the gentleman from found that protrastin may have bene- that, I make the point of order that a West Virginia (Mr. RAHALL), our full ficial properties for the treatment of quorum is not present. committee leaders, and the gentleman HIV/AIDS. The SPEAKER pro tempore. Pursu- About two weeks ago, my district from California (Mr. RADANOVICH) and ant to clause 8, rule XX, and the was privileged to host one of the the gentlewoman from the Virgin Is- Chair’s prior announcement, further world’s most renown marine ocean sci- lands (Mrs. CHRISTENSEN), with the proceedings on this motion will be entists, Dr. Sylvia Earle. Believe it or Subcommittee on National Parks, postponed. Recreation and Public Lands, for their not, Dr. Earle continues to explore the The point of no quorum is considered support in bringing this bill to the ocean as a scuba diver, and in doing so, withdrawn. found that one of the rarest giant floor today. H.R. 1712 will make adjust- f ments to the boundary of the national clams in the world can only be found in park of American Samoa. the Samoan islands. COMMENDING PENTAGON Mr. Speaker, the U.S. territory of Mr. Speaker, the national park of RENOVATION PROGRAM American Samoa is located approxi- American Samoa is continuing to de- Mr. SAXTON. Mr. Speaker, I move to mately 2,400 miles directly south of Ha- velop. Established in 1988 by Public suspend the rules and agree to the reso- waii. The national park in American Law 100–571, the park took several lution (H. Res. 368) commending the Samoa is located on three separate is- years to become operational. Today, great work that the Pentagon Renova- lands: Tutuila, Ofu and Ta’u. The is- however, tourists are visiting and tion Program and its contractors have lands of Ofu and Olosega, portions of schoolteachers are using the park as an completed thus far, in reconstructing which would be added to the park educational resource to help the stu- the portion of the Pentagon that was under this legislation, are small islands dents learn more about Samoan his- destroyed by the terrorist attack of which lie adjacent to each other and tory and ancient culture, the environ- September 11, 2001. are connected by a short bridge. ment and ecological conservation. The The Clerk read as follows: In 1998, I received a request from the park is preserving the area within its H. RES. 368 village chiefs of Sili and Olosega, on boundaries; but as the population Whereas the Pentagon was struck by a hor- the island of Olosega, to include por- grows, from about 22 percent, consider- rible act of terrorism on September 11, 2001, tions of their village lands within the able pressure has been placed on these taking the lives of 125 employees at the Pen- national park. The chiefs noted the im- undeveloped areas. tagon and 64 hostages on a hijacked airplane; The additions proposed by this legis- Whereas a renovation effort, known as portant role the park plays in pre- lation will preserve important sections Phoenix Project, is underway to restore the serving the natural and cultural re- of the remaining natural and cultural damaged portion of the Pentagon, and is sources of the territory, and indicated resources of the territory. pushing to have Pentagon personnel back to that the village councils believed there Again, because of the historical sig- work in that portion of the building by Sep- tember 11, 2002, just 1 short year after the are significant cultural resources on nificance of this park, I respectfully re- village lands which warrant consider- terrorist attack; quest and ask my colleagues to support Whereas, initially working 24 hours a day ation for addition to the park. this bill. About 2 years ago I had asked the Na- and 7 days each week, the outstanding men Mr. Speaker, I reserve the balance of and women of the Pentagon Renovation Pro- tional Park Service to conduct studies my time. gram have demonstrated the Nation’s re- to determine if there were cultural and Mr. HAYWORTH. Mr. Speaker, I solve and know-how, and are 6 weeks ahead natural resources on the island which yield myself such time as I may con- of schedule in the reconstruction effort; warranted inclusion in the park. The sume. Whereas the 400,000 square feet of demoli- park service completed reconnaissance I appreciate the gentleman from tion work, which had to be completed before surveys on the islands of Olosega and a American Samoa (Mr. FALEOMAVAEGA) reconstruction work could begin, was com- portion of the island of Ofu and re- going into more detail about this pleted in just 1 month, when it was esti- ported on both. mated to take 4 to 7 months for the job; and unique national park and exactly the Whereas the renovation effort is comprised The National Park Service concluded treasures there, the opportunities of 15 percent government and 85 percent con- in part: the archaeological significance there and things that are worth saving tracted personnel, and these individuals have of Olosega Island cannot be under- there within the confines of that park clearly dedicated themselves to making this stated. Sites on the ridgeline and ter- and why it is necessary to move for- important institution whole again: Now, races may offer an important oppor- ward in this legislation. I would join therefore, be it tunity for the study and interpretation him in earnest bipartisan support for Resolved, That the House of Representa- of ancient Samoa. The number and tives commends the great work that the this because I think it is a scientific Pentagon Renovation Program and its density of star mounds (31), the great treasure for us and one that, as he has contactors have completed thus far, in re- number of modified terraces, about 46 pointed out, with the medicinal value constructing the portion of the Pentagon sites, and homesites of about 14, the of plants and other things there, things that was destroyed by the terrorist attack of subsistence system, and the artifacts that may hold the key to medical mir- September 11, 2001. available are all important findings. acles and marvels yet to come. The SPEAKER pro tempore. Pursu- This is particularly significant in that It is in that spirit that I would urge ant to the rule, the gentleman from they were recorded in only 3 days of passage of the legislation. New Jersey (Mr. SAXTON) and the gen- visual surveys on only a portion of the Mr. Speaker, I yield back the balance tleman from Hawaii (Mr. ABERCROMBIE) island. of my time. each will control 20 minutes.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.024 pfrm04 PsN: H19PT1 H950 CONGRESSIONAL RECORD — HOUSE March 19, 2002 The Chair recognizes the gentleman Mr. Speaker, I am sure that Members Mr. Speaker, let us honor these from New Jersey (Mr. SAXTON). will all support H. Res. 368, but, Mr. Americans, public workers and private GENERAL LEAVE Speaker, let me just commend the gen- citizens, willing to dedicate themselves Mr. Saxton. Mr. Speaker, I ask unan- tleman from Florida (Mr. FOLEY) for to the rebuilding of our national mo- imous consent that all Members may his great efforts in bringing this reso- rale. have 5 legislative days within which to lution to us. It is something that I Mr. Speaker, I reserve the balance of revise and extend their remarks on the think is very worthwhile for us to note my time. resolution under consideration. here in an official way today. Mr. SAXTON. Mr. Speaker, I yield 4 The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of minutes to the gentleman from Florida objection to the request of the gen- my time. (Mr. FOLEY). tleman from New Jersey? Mr. ABERCROMBIE. Mr. Speaker, I Mr. FOLEY. Mr. Speaker, I thank the There was no objection. yield myself such time as I may con- gentleman for yielding me this time Mr. SAXTON. Mr. Speaker, I yield sume. and, thus, giving me the opportunity to myself such time as I may consume. Mr. Speaker, I rise in strong support praise so many fabulous and phe- Mr. Speaker, I rise in strong support of House Resolution 368, introduced by nomenal workers at the Pentagon. of H. Res. 368, commending the great my colleague, the gentleman from I would first like to thank the gen- work that the Pentagon renovation Florida (Mr. FOLEY), as indicated by tleman from Arizona (Mr. STUMP), program and its contractors have ac- the gentleman from New Jersey (Mr. Chairman of the Committee on Armed complished in swiftly repairing the SAXTON), and endorsed by numerous Services, for expediting this important Pentagon after the devastating attack other Members of the House. The reso- resolution. The Committee worked es- of September 11, 2001. I thank our dis- lution commends the outstanding pecially quickly with the staff from tinguished colleague, the gentleman progress made thus far by the Pen- the Pentagon to move this resolution from Florida (Mr. FOLEY), for spon- tagon Renovation Program and its con- forward, House Resolution 368, for soring this resolution. tractors in reconstructing the section which I know all of us are grateful. Shortly after the tragic event of Sep- of the Pentagon damaged by the ter- Within 48 hours, 70-plus colleagues on tember 11, I led a small delegation to rorist attack. both sides of the aisle quickly joined visit the Pentagon. The devastation On September 11, 2001, Mr. Speaker, me in saluting the men and women at was truly appalling, and I was sure our Nation suffered four unprovoked the Pentagon. that a lengthy period would be required terrorist attacks, three of which found Mr. Speaker, anyone who has driven to repair such extensive damage. Of their aim in two of our most powerful by the Pentagon recently has been a course, I am glad to report that I was symbols of strength and democracy. firsthand witness to the amazing deter- wrong. Two days after the attacks, the Army mination and depth of the American The dedication and superhuman ef- asked the gentleman from New Jersey spirit. That spirit is embodied in all forts of the Pentagon renovation pro- (Mr. SAXTON), myself, and several other the workers who are resurrecting the gram office and its contractors have Members involved in the Sub- Pentagon in a reconstruction project defied all predictions in their ability to committee on Military Construction to aptly named Project Phoenix. Just 6 work miracles. The removal of the de- visit the Pentagon site and survey the short months ago, terrorists attempted bris and restoration of the damaged damage sustained there. Like the rest to attack and raze a symbol of Amer- area aptly called the Phoenix Project of the American public, we were ica. They found they could barely has amazed the world in the speed of stunned by the gash in what had pre- scratch the surface. its operation. The damaged wedge had been vir- viously seemed to be the impenetrable From the individuals who imme- tually renovated as part of the ongoing exterior of the Pentagon. diately responded to the attack deliv- project to refurbish the Pentagon be- What really caught our attention, ering triage, to the many people af- fore the plane struck last September. though, was the work already under fected by the explosion, to the ongoing Determined to finish the job and have way. A small city of support was buzz- efforts of Project Phoenix, America’s people back at their desk by September ing on the lawn. Firefighters were still resolve and strength are clear and evi- 11 of this year, the dedicated team of battling flare-ups and hot spots, and dent. Anyone who has seen the Pen- government and contract employees military and civilian personnel were tagon lately has seen a miracle of re- went into immediate action. Work on securing the building and sifting construction, and behind that miracle the crash site was conducted around through the debris. No one was waiting are all the workers who have clearly the clock for three months and is now to be told what to do. They were just taken hold of this project, showing the down to a mere 20 hours a day. I under- doing what they knew needed to be world that what evil tries to destroy stand that workers had to be forced to done. can be rebuilt stronger, bigger, and The Pentagon Renovation Program take time off for Christmas and have better. has exceeded every expectation. The It is as clear as the Pentagon itself protested the cessation of the 24-hour American public realized the signifi- that these workers are adding more day operations. The pace and skill of this reconstruc- cance of healing this visible wound as than bricks and mortar to this cher- tion effort is truly a masterpiece of soon as possible, and the Phoenix ished building; they are leaving an im- American ingenuity and effort and is a Project has made it a reality. Govern- print of their dedication that rose from positive reaction to the evil of Sep- ment and contract personnel put their the ashes of September 11. Starting al- tember 11 of last year. shoulders to the wheel, at times labor- most immediately after the attack, ing around the clock, to tear down the workers labored 24 hours a day to clear b 1445 most severely damaged sections and to the area of over 400,000 square feet of Mr. Speaker, all involved in this ex- rebuild it from the ground up. Demoli- debris, a project they completed amaz- traordinary effort deserve our deepest tion was supposed to take 7 or 8 ingly in only a little more than 1 gratitude. months, Mr. Speaker. The team com- month. They are now 6 weeks ahead of Finally, Mr. Speaker, as chairman of pleted it in 1 month and 1 day. That is schedule, with an ever-visible goal in the Subcommittee on Military Instal- the power of American resolve. site. lations and Facilities, I pay close at- I have the utmost confidence that Above the construction site on the tention to military construction the Renovation Program will meet its building is a clock counting down to projects. I have never seen one proceed ultimate goal to have people back at September 11, 2002. The workers made a at this pace and sincerely hope that their desks by September 10, 2002. commitment that they would have there is never a reason to proceed at There could be no greater tribute to Pentagon employees working back at this pace again. But these intrepid those who lost their lives than to know their desks in the outer ring of the souls have shown the world what Amer- that the men and women of the Depart- Pentagon by September 11, 2002. And as ican spirit and resolve are all about. ment of Defense are once again doing that clock counts down, it is a con- Many have worked on this project and the business of the country from their stant reminder of the importance of they are heroes, in my mind. proper Pentagon offices. this work.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.027 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H951 Mr. Speaker, what these workers rorism. This heinous act caught us by sible for the wedge-one renovations have displayed is a deep, true dedica- surprise; however, in the days that fol- that were basically completed right be- tion that cannot be feigned. It must lowed, our steely resolve triggered an fore September 11. AMEC has now been come from within. And it for that dedi- overwhelming military response and an leading the efforts in refurbishing cation that I introduced this resolution unprecedented effort to rebuild our de- wedge one, and I applaud their work. and received such overwhelming sup- filed monument. Specifically, I want to thank their port from my colleagues. I know others Titled the Phoenix Project, the ren- wonderful team: Brett Eaton, Dave will speak today: the gentleman from ovation of the Pentagon is an ongoing Coffman, Karl Johnson, John Virginia (Mr. MORAN), the gentleman demonstration of U.S. technological Macenczak, William Rock Viner, Greg from Virginia (Mr. DAVIS), the gentle- and civil engineering advances. It is in Vachon, Sing Banh, Eric Sin, Michael woman from Maryland (Mrs. MORELLA), operation 24 hours a day, 6 days a Palumbo, Shaul Kopyto, David Conner, and others joining us on the House week, consists of construction shifts Avis Woods, David Clint, and Claude floor today. We invite everyone on running from 6:30 a.m. until 2:30 in the Bernier. These individuals, as well as Thursday, at 1 p.m., to the Pentagon morning, from the early hours before hundreds of others who have worked for a formal presentation of this proc- daybreak until long after the sun sets. tirelessly since September 11, deserve lamation. These American workers are dem- commendation, and I hope that all One more word, Mr. Speaker, and I onstrating our Nation’s collective re- Members of this House will support know that the gentleman from Vir- solve to rise from the ashes and go for- this in this very important resolution. ginia (Mr. MORAN) and the gentleman ward undeterred in our efforts to wipe Yes, I toured the Pentagon several from Virginia (Mr. DAVIS) know this out the terrorist threat. days after September 11, and I look for- personally, we have spent a lot of time While the renovation is running like ward to being at the presentation of talking about the tragedy in New a well-oiled machine, its success could this resolution at the Pentagon on York, and at times I feel we have actu- not be maintained without the dedica- Thursday, March 21, to say thanks. ally slighted those brave men and tion and deep-seated devotion of the Mr. ABERCROMBIE. Mr. Speaker, I women who were killed in the ashes of work crews responsible for its execu- yield back the balance of my time. this devastation just a short mile and a tion. As a testament to their efficient Mr. SAXTON. Mr. Speaker, I yield half from this complex. I salute their labors, the demolition, slated for com- myself such time as I may consume, families as well and the memory of pletion in 7 months, the demolition, prior to yielding back the balance of those loved ones lost, and just want to was incredibly finished in just 1 month. my time, because I would just like to assure them that every person’s life The blood, sweat and, undoubtedly, say that the folks who are rebuilding that was taken by terrorists will never tears shed by these hardworking indi- the Pentagon are setting a great exam- be forgotten. While we salute the tre- viduals is a true example of America’s ple for the rest of America and the rest mendous accomplishments of the men work ethic and ingenuity. of the world. But I think it is equally and women on the construction site, The purpose of this resolution, as I important today that we do not forget let us not leave this floor without know my friend from Florida (Mr. the thousands of other people who are spending a moment to commemorate FOLEY) would agree, is simply to take a involved in activities that are related those brave men and women who serve moment from our day to salute these to the attack on the Pentagon. us daily in uniform, those who lost patriots. We proudly stand to honor Obviously, there were people who lost their lives, who never returned home, their efforts and wait in anticipation their lives on September 11 and in the but stood vigil over this great Nation for the 1-year anniversary of Sep- following days, and there are people in- of ours. tember 11 when the culmination of volved today at the Pentagon who are Mr. ABERCROMBIE. Mr. Speaker, I their labor will come to fruition and not involved in the rebuilding effort. yield 5 minutes to the gentleman from America’s living monument to its mili- There are people involved in other Fed- Virginia (Mr. MORAN), who is rep- tary superiority will be whole again eral agencies around the world, and resenting the Pentagon here today, as and built stronger than ever. there are U.S. troops in places like Af- it resides in his district. Mr. SAXTON. Mr. Speaker, I yield 3 ghanistan, and Tajikistan, and in Mr. MORAN of Virginia. Mr. Speak- minutes to the gentlewoman from Yemen, in Georgia; and there are Ma- er, I thank my friend and colleague Maryland (Mrs. MORELLA). rines standing at their posts at embas- from Hawaii for yielding me this time, Mrs. MORELLA. Mr. Speaker, I sies all around the world. and I thank my friends and colleagues, thank the gentleman for yielding me 1500 the gentleman from Florida (Mr. this time and for having this resolution b FOLEY) and the gentleman from New come to the floor of the House. I rise in Mr. Speaker, these people are all peo- Jersey (Mr. SAXTON), as well as all strong support for House Resolution ple who deserve a great deal of credit. those involved in this resolution. 368. But today we choose to single out one Since the Pentagon is in my congres- I want to thank the gentleman from group of people who are setting an ex- sional district, it would be tempting to Florida (Mr. FOLEY) for introducing the ample of American resolve. That re- take credit for the extra $1.1 billion resolution, which I am proud to be a solve, however, is shared by those I that we added to the supplemental ap- cosponsor of. The resolution commends just mentioned and many others. So let propriations bill last year to make this the efforts of the many individuals and the word go out to the terrorists and possible, but in fact, the gentleman organizations that have done a remark- the would-be terrorists that we are from California (Mr. LEWIS) and the able job at the Pentagon in the Pen- here and we take note of what has oc- gentleman from Pennsylvania (Mr. tagon renovation effort. curred during the last 6 months. They MURTHA), the chairman and ranking The Phoenix Project is already 6 should take note, as well, about how member of the Subcommittee on De- weeks ahead of schedule, as my col- serious we are. fense of the Committee on Appropria- leagues heard, and demolition work Mr. Speaker, the men and women tions, do deserve recognition for mak- that was supposed to take 7 months has who are rebuilding the Pentagon are an ing this request a priority. But I know taken only 1. The crew, made up of example of that, but they are not the that they would agree that the most government workers and contractor only example of that. We thank them deserved credit, as the resolution says, personnel, has built the skeleton for for what they are doing, and I again goes to the tireless work of the men the outer ring in just 6 months and is pay my great thanks to the gentleman and women charged with the actual re- on schedule to be open again by this from Florida (Mr. FOLEY) for bringing building of the Pentagon. coming September 11. How remarkable. this resolution to us today. We look On September 11, a day forever to be I also want to mention the efforts of forward to joining the gentleman from marked in infamy in United States his- AMEC. This is a design and construc- Florida (Mr. FOLEY) in the presen- tory, one of our Nation’s historic land- tion company in my district, Mont- tation that will take place in the next marks and the operational center of gomery County, Maryland, for the day or so. the world’s most powerful military was work they have done during this ren- Mr. WOLF. Mr. Speaker, I rise today in struck by the evils of international ter- ovation. They actually were respon- strong support of House Resolution 368.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\K19MR7.029 pfrm04 PsN: H19PT1 H952 CONGRESSIONAL RECORD — HOUSE March 19, 2002 My Congressional District, the 10th of Vir- The yeas and nays were ordered. carry out this section $15,000,000, to remain ginia, lost nearly 30 people at the Pentagon to The SPEAKER pro tempore. Pursu- available until expended. the tragic events of September 11, 2001. This ant to clause 8 of rule XX and the The SPEAKER pro tempore. Pursu- resolution commends the Phoenix Project Chair’s prior announcement, further ant to the rule, the gentleman from which is the ongoing effort at the Pentagon to proceedings on this motion will be Utah (Mr. HANSEN) and the gentleman rebuild the damaged section by September postponed. from American Samoa (Mr. 11, 2002. Like the Phoenix which rose out of f FALEOMAVAEGA) each will control 20 the ashes, the project is running on schedule minutes. because Phoenix team members are working MESSAGES FROM THE PRESIDENT The Chair recognizes the gentleman around the clock, 6 days per week, to bring Messages in writing from the Presi- from Utah (Mr. HANSEN). the Pentagon back from the ‘‘ashes.’’ It is dent of the United States were commu- Mr. HANSEN. Mr. Speaker, I yield those workers today who we congratulate and nicated to the House by Mr. Sherman myself such time as I may consume. thank. Williams, one of his secretaries. Mr. Speaker, H.R. 3928 would direct The reconstruction of the Pentagon will re- the Secretary of the Interior to assist build the damaged building and also help heal f the University of Utah by making a emotional wounds. It also sends a message to UTAH PUBLIC LANDS ARTIFACT grant to the University of Utah Mu- the terrorists that America cannot be defeated. PRESERVATION ACT seum of Natural History in Salt Lake Our ideals and freedoms will not waiver in the City, Utah, to help pay for the Federal Mr. HANSEN. Mr. Speaker, I move to share of the costs of construction of a face of terrorism. suspend the rules and pass the bill I am honored to be speaking in support of new natural history museum. The Fed- (H.R. 3928) to assist in the preservation this resolution. It is important that we not for- eral share, however, would not exceed of archaeological, paleontological, zoo- get the courage and bravery of all those af- 25 percent of the total cost. logical, geological, and botanical arti- fected by the events of September 11. Mr. Speaker, while the museum holds facts through construction of a new fa- I urge your unanimous support for this reso- large collections of objects and speci- cility for the University of Utah Mu- lution to honor those brave Americans who mens recovered from State and private seum of Natural History, Salt Lake died on September 11 and to thank those lands, the vast majority of the collec- City, Utah. workers who are rebuilding the Pentagon. tion has come from public lands in Mr. TOM DAVIS of Virginia. Mr. Speaker, it The Clerk read as follows: Utah and the surrounding States in the is with great honor and pride that I rise today H.R. 3928 Intermountain West. In fact, more to pay tribute to the men and women who Be it enacted by the Senate and House of Rep- than 75 percent of the museum’s collec- have worked so hard to rebuild the Nation’s resentatives of the United States of America in tion contains artifacts from lands man- military headquarters and a national icon. Congress assembled, aged by the Bureau of Land Manage- Although born out of tragedy, the current re- SECTION 1. SHORT TITLE. ment, the Bureau of Reclamation, the construction project represents an opportunity This Act may be cited as the ‘‘Utah Public National Park Service, the U.S. Forest Lands Artifact Preservation Act’’. to memorialize permanently and prominently Service, the U.S. Fish and Wildlife our Nation’s history of resilience in the face of SEC. 2. FINDINGS. Service, and the Bureau of Indian Af- Congress finds that— fairs. adversity. I congratulate the workers and con- (1) the collection of the Utah Museum of tractors who are ahead of schedule in repair- Natural History in Salt Lake City, Utah, in- The building which currently houses ing the huge hole blown out of the Pentagon cludes more than 1,000,000 archaeological, pa- archeological, paleontological, zoolog- on Tuesday, September 11, 2001, by a ter- leontological, zoological, geological, and bo- ical, geological, and botanical artifacts rorist-hijacked airliner. tanical artifacts; poses serious environmental threats to The efforts of those involved in reconstruc- (2) the collection of items housed by the the collection, lacks good public ac- tion have enabled the Pentagon to get back to Museum contains artifacts from land man- cess, and contains very small and out- business—waging war in Central Asia and de- aged by— dated exhibits. stroying those networks responsible for the (A) the Bureau of Land Management; Mr. Speaker, for its part, the Univer- (B) the Bureau of Reclamation; sity of Utah has acquired the land for a terrorist attacks in Washington, New York, and (C) the National Park Service; Pennsylvania. The demolition of the wounded (D) the United States Fish and Wildlife new building, and the State of Utah section took only 1 month and a day to com- Service; and has committed $800,000 for its annual plete, aided by 24-hour days, 7 days a week (E) the Forest Service; operations and has collected $11 mil- and landfills that stayed open all night. Weary (3) more than 75 percent of the Museum’s lion towards the construction of the workers celebrated the day they finished, No- collection was recovered from federally man- new building. vember 19, by placing a Christmas tree on the aged public land; and Mr. Speaker, I believe this is a good Pentagon’s roof. It marked a turning point to- (4) the Museum has been designated by the example of a public-private partner- legislature of the State of Utah as the State ship. I urge my colleagues to support ward the positive: they would stop tearing museum of natural history. down and start building up. H.R. 3928. SEC. 3. DEFINITIONS. Mr. Speaker, there is one thing I Mr. Speaker, in closing, I would like to con- In this Act: would like to say concerning the bill. gratulate the crews at the Pentagon who have (1) MUSEUM.—The term ‘‘Museum’’ means toiled tirelessly for more than 3 months now, the University of Utah Museum of Natural Too often in this town there is more trying to fix what was broken, replace what History in Salt Lake City, Utah. emphasis placed on who gets the credit was destroyed, and put back together a metic- (2) SECRETARY.—The term ‘‘Secretary’’ rather than what is the right thing to ulous, 20-year, $1.2-billion renovation effort means the Secretary of the Interior. do. I would like to thank the gen- that was already well along at the time of the SEC. 4. ASSISTANCE FOR UNIVERSITY OF UTAH tleman from Utah (Mr. MATHESON), attack. MUSEUM OF NATURAL HISTORY. who has worked tirelessly on this Mr. SAXTON. Mr. Speaker, I yield (a) ASSISTANCE FOR MUSEUM.—The Sec- issue; and I want the record to show back the balance of my time. retary shall make a grant to the University that without his ability to make com- of Utah in Salt Lake City, Utah, to pay the The SPEAKER pro tempore (Mr. Federal share of the costs of construction of promises, we would not be here today. CULBERSON). The question is on the mo- a new facility for the Museum, including the I have learned in my 22 years that tion offered by the gentleman from design, planning, furnishing, and equipping the most successful legislators are New Jersey (Mr. SAXTON) that the of the Museum. those willing to take up the pick and House suspend the rules and agree to (b) GRANT REQUIREMENTS.— the shovel and go to work. The gen- the resolution, H. Res. 368. (1) IN GENERAL.—To receive a grant under tleman from Utah (Mr. MATHESON) has The question was taken. subsection (b), the Museum shall submit to demonstrated his willingness to do The SPEAKER pro tempore. In the the Secretary a proposal for the use of the that. opinion of the Chair, two-thirds of grant. The Members of the other body also (2) FEDERAL SHARE.—The Federal share of those present have voted in the affirm- the costs described in subsection (a) shall deserve credit for this initiative. They ative. not exceed 25 percent. have been a friend to the museum for Mr. FOLEY. Mr. Speaker, on that I (c) AUTHORIZATION OF APPROPRIATIONS.— years. Although we have the luxury of demand the yeas and nays. There is authorized to be appropriated to expending the legislative process over

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.010 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H953 here and expediting it, I hope that and temperature in the display and eracy and educating students about the Members of the other body will be able storage areas have wide swings. This natural history of the Columbia Pla- to carry this legislation from here and inconsistency puts tremendous strain teau. let us get this done. I urge my col- on the increasingly fragile collections. Mr. Speaker, 75 percent of the arti- leagues to support H.R. 3928. It is plausible to think that a child’s facts have been recovered from feder- Mr. Speaker, I reserve the balance of Pokemon cards might be at less risk ally managed land. With this grant my time. for damage than some of the pieces in from the Department of the Interior, Mr. FALEOMAVAEGA. Mr. Speaker, this collection. the museum will continue to promote I yield myself such time as I may con- The university, along with private cultural diversity of the region for fu- sume. donors and the State government, have ture generations. I applaud the gen- Mr. Speaker, I commend the distin- embarked on an ambitious project to tleman from Utah (Mr. HANSEN) and all guished chairman of the Committee on build a new museum that would be a others who have worked to make this Resources, the gentleman from Utah centerpiece for cultural and scientific bill a reality. (Mr. HANSEN), for his eloquent remarks education in the Intermountain West. Mr. FALEOMAVAEGA. Mr. Speaker, and as a cosponsor of this important This project will be a partnership in I yield myself such time as I may con- legislation. every sense of the word. State and pri- sume. Mr. Speaker, I yield such time as he vate donors have promised to match Mr. Speaker, I commend the mem- may consume to the gentleman from every Federal dollar with three of their bers of the Utah delegation for their bi- Utah (Mr. MATHESON), the chief cospon- own. The university’s donors and alum- partisanship in supporting this legisla- sor of this legislation. ni network view this as a priority tion. It goes without saying that this Mr. MATHESON. Mr. Speaker, I rise project for Utah and are actively en- was also true when the proposed bill today to give support to H.R. 3928, a gaged in its development. was brought before the Committee on bill that would provide the Natural The university has already contrib- Resources. I commend our chairman, History Museum at the University of uted the 14 acres for the development. the gentleman from Utah (Mr. HAN- Utah with the means to restore, pro- The State has guaranteed the oper- SEN), and the gentleman from Utah tect, and preserve our shared natural ating funds for the facility at $800,000 (Mr. MATHESON) for their cosponsorship heritage. per year. To date, close to $12 million of this bill, and the gentleman from In 1824, a philanthropist named has been raised from private donors. Utah (Mr. CANNON) for his remarks and James Smithson bequeathed his for- This includes $10 million from the his support. tune to the government of the United Emma Eccles Jones Foundation. Mr. Speaker, I yield back the balance States in order to found an institution Unlike many museums throughout of my time. to ‘‘increase the diffusion of knowledge the country, 75 percent of the muse- Mr. HANSEN. Mr. Speaker, I have no among men.’’ um’s holdings are owned outright by further requests for time, and I yield In 1846 the United States established the Federal Government, with more back the balance of my time. the Smithsonian Institution and estab- than 90 percent of some collections The SPEAKER pro tempore. The lished the wise and remarkable prece- coming from Federal lands. That question is on the motion offered by dent of the value of public investment means that these artifacts, fossils, and the gentleman from Utah (Mr. HANSEN) in institutions of science, research, and specimens belong to the people of the that the House suspend the rules and heritage. United States. These exhibits and col- pass the bill, H.R. 3928. Mr. Speaker, in Utah we have an in- lections are part of our collective na- The question was taken; and (two- stitution that houses 1 billion years of tional heritage. With Congress’ help, thirds having voted in favor thereof) the history of life on our planet. It is we can save these treasures for future the rules were suspended and the bill an institution that holds three-quar- generations of Americans. was passed. ters of a million artifacts detailing Mr. Speaker, I want to give special A motion to reconsider was laid on tens of thousands of years of Native thanks to the distinguished chairman the table. American life throughout the Rocky of the Committee on Resources. I f Mountain and Great Basin areas of our thank the gentleman from Utah (Mr. VACATING ORDERING OF YEAS country. HANSEN) for his diligence, dedication, It contains over 30,000 specimens of and commitment to this project. This AND NAYS ON H.R. 1712, NA- mammals, one of the 30 largest collec- was a collaborative effort in every TIONAL PARK OF AMERICAN tions in the western hemisphere, and sense. The gentleman from Utah (Mr. SAMOA BOUNDARY ADJUSTMENT ACT its 18,000 specimen reptile collection HANSEN) is a true gentleman legislator, contains one of the largest turtle as- and this Chamber will be diminished by Mr. FALEOMAVAEGA. Mr. Speaker, semblages in the world. his upcoming departure. I ask unanimous consent to vacate the It is an institution that houses one of Mr. HANSEN. Mr. Speaker, I yield ordering of the yeas and nays on the the world’s great paleontology collec- such time as he may consume to the motion to suspend the rules and pass tions. Its 12,000 specimen vertebrate gentleman from Utah (Mr. CANNON). the bill, H.R. 1712, as amended, to the fossil collection is dominated by 150 Mr. CANNON. Mr. Speaker, I rise end that the Chair put the question on million-year-old dinosaurs from the today in support of H.R. 3928, the Utah the motion de novo. Jurassic period, as well as Ice Age Public Lands Artifact Preservation The SPEAKER pro tempore. Is there mammals such as giant bears, Act. objection to the request of the gen- mammoths, and mastodons. Before Utah was home to the Olym- tleman from American Samoa? What I have just described is just a pics, it was home to dozens of Native There was no objection. fraction of the resources provided by American tribes, ancient plants, wild- The SPEAKER pro tempore. The the University of Utah’s Natural His- life and dinosaurs. The rich history of question is on the motion offered by tory Museum. It is a treasure unsur- this region has been a looking glass the gentleman from Arizona (Mr. passed in the western United States. into the natural history of America. HAYWORTH) that the House suspend the However, these resources are under Scientists have used the millions of ar- rules and pass the bill, H.R. 1712, as threat. First, they are housed in a con- tifacts discovered here to preserve the amended. verted library built during the 1930s. It past and gain knowledge for the future. The question was taken; and (two- is a building constructed for the close, The University of Utah houses over a thirds having voted in favor thereof) claustrophobic stacking of books, not million artifacts from this region. the rules were suspended and the bill, for the storage of artifacts. Most of the Though famous for the exhibits that as amended, was passed. ceilings throughout the building are 7 feature tens of thousands of ancient The title of the bill was amended so feet 2 inches high, which makes dino- mammals, reptiles, dinosaurs, and Na- as to read: ‘‘A bill to authorize the Sec- saur storage somewhat of a problem. tive American artifacts, the museum retary of the Interior to make adjust- Climate control and water systems serves a much greater purpose. It will ments to the boundary of the National are woefully antiquated. The humidity also serve as a center for science lit- Park of American Samoa to include

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.034 pfrm04 PsN: H19PT1 H954 CONGRESSIONAL RECORD — HOUSE March 19, 2002 certain portions of the islands of Ofu This Member rises today in support TOOMEY), that would address Ex-Im and Olosega within the park, and for of S. 2019, which is being considered Bank’s transaction with a Chinese other purposes.’’. under the suspension of the rules. This steel producer. This legislation would A motion to reconsider was laid on legislation extends the authorization of also make a clarification in the admin- the table. the Export-Import Bank until April 30, istration of the Tied Aid War Chest f 2002. This Member would also note that which finances tied aid transactions. he introduced identical House com- However, a veto threat by the Treasury GENERAL LEAVE panion legislation, H.R. 3987. Department over the relationships and Mr. HANSEN. Mr. Speaker, I ask Under current law, the authorization disputed powers of the Treasury and unanimous consent that all Members of the Export-Import Bank expires on the Export-Import Bank and lost time may have 5 legislative days within March 31, 2002. If this short-term au- in sporadic negotiations between the which to revise and extend their re- thorization extension is not signed into committee and the executive branch marks and exclude extraneous material law, the Export-Import Bank could en- have delayed the committee in bring- on the four Committee on Resources gage in no new transactions and would ing H.R. 2871 to the House floor for ac- bills considered today, H.R. 3928, H.R. have to wind down its current oper- tion. Thus, the need for this extension. 706, H.R. 1712, and H.R. 3985. ations as of the expiration date. On In conclusion, this Member urges his The SPEAKER pro tempore. Is there March 14, 2002, the Senate passed this colleagues to support this short-term objection to the request of the gen- Ex-Im extension bill and a separate Ex- extension for the Export-Import Bank tleman from Utah? Im authorization bill. It is important until April 30, 2002. There was no objection. that the House debate and approve the Mr. Speaker, I reserve the balance of my time. f Senate extension bill today so that the President can sign this into law before Mr. LAFALCE. Mr. Speaker, I yield b 1515 the March 31 expiration date. myself such time as I may consume. EXTENDING AUTHORITY OF At the outset, this Member would Mr. Speaker, I support this measure EXPORT-IMPORT BANK like to thank the distinguished chair- to ensure that the operations of the Export-Import Bank are not inter- man of the Committee on Financial Mr. BEREUTER. Mr. Speaker, I move rupted for a 30-day period while we con- Services from Ohio (Mr. OXLEY) for his to suspend the rules and pass the Sen- tinue our work on a multiyear reau- leadership on Ex-Im Bank issues and ate bill (S. 2019) to extend the author- thorization of the Bank. I am hopeful for that of the distinguished gentleman ity of the Export-Import Bank until that we will use these additional 30 from New York (Mr. LAFALCE) and the April 30, 2002. days to resolve any remaining issues distinguished gentleman from Vermont The Clerk read as follows: with H.R. 2871, the multiyear author- (Mr. SANDERS) for their help and assist- S. 2019 ization bill that was reported out of ance and for their support of this legis- Be it enacted by the Senate and House of Rep- the Committee on Financial Services lation in general. This Member has, of resentatives of the United States of America in on a bipartisan voice vote. Congress assembled. course, a special interest since he It is important, Mr. Speaker, that we SECTION 1. EXTENSION OF EXPORT-IMPORT chairs the House Financial Services put to rest as quickly as possible any BANK. Subcommittee on International Mone- uncertainties about the Bank’s ability Notwithstanding the dates specified in sec- tary Policy and Trade, which has juris- to operate in the months ahead. Mind tion 7 of the Export-Import Bank Act of 1945 diction over the Ex-Im Bank. you, it is our position that we should (12 U.S.C. 635f) and section 1(c) of Public Law The Export-Import Bank is an inde- bring the bill to the floor of the House, 103–428, The Export-Import Bank of the pendent U.S. Government agency that United States shall continue to exercise its that was reported out of the Com- provides direct loans to buyers of U.S. mittee on Financial Services. There functions in connection with and in further- exports, guarantees to commercial ance of its objects and purposes through are issues in dispute. We hope they can April 30, 2002. loans to buyers of U.S. products and in- be resolved before they come to the surance products which greatly benefit The SPEAKER pro tempore (Mr. floor. If not, they should be brought to short-term small business sales. To il- the floor and they should be voted OTTER). Pursuant to the rule, the gen- lustrate the importance of the Ex-Im tleman from Nebraska (Mr. BEREUTER) upon, which is what we are elected to Bank, in fiscal year 2000 the Bank in- do. And so, while I support this 30-day and the gentleman from New York (Mr. vested over $15 billion in exports LAFALCE) each will control 20 minutes. extension to keep the operations of the through loans, guarantees and insur- Bank functioning, this should not be The Chair recognizes the gentleman ance by which the Ex-Im Bank fi- from Nebraska (Mr. BEREUTER). viewed as a sign on the part of the Re- nanced exports such as civilian air- publican leadership that they can con- GENERAL LEAVE craft, electronics, engineering services, tinue to delay consideration of those Mr. BEREUTER. Mr. Speaker, I ask vehicles, agricultural products, et issues over which certain Members dis- unanimous consent that all Members cetera, for businesses of all sizes. The agree. may have 5 legislative days within Export-Import Bank, I stress, is in- The Export-Import Bank promotes which to revise and extend remarks on tended to be only the lender of last re- U.S. exports, but it does so for very this legislation and to insert extra- sort and is not intended to compete specific reasons. First, Ex-Im operates neous material on the bill. with private lenders. in a very competitive international en- The SPEAKER pro tempore. Is there On October 31, 2001, the House Com- vironment in which export credit agen- objection to the request of the gen- mittee on Financial Services passed cies in other countries are increasingly tleman from Nebraska? H.R. 2871, a more comprehensive and 4- aggressive in supporting the exports of There was no objection. year authorization bill, by voice vote. our competitors. Ex-Im is critical in Mr. LAFALCE. Mr. Speaker, it is my That legislation, among other things, countering these transactions and, in intention to yield 10 minutes of my 20 would require that the Export-Import doing so, providing leverage for the minutes to the gentleman from Bank earmark at least 20 percent of its United States to negotiate a gradual Vermont (Mr. SANDERS) so that he can total financing for small businesses. reduction in export subsidy activities manage that 10 minutes in opposition Under current law, the Ex-Im Bank is amongst OECD members. In short, ab- to the bill. I will manage 10 minutes of required to use only 10 percent of its sent the United States Ex-Im Bank, the 20 minutes in support of the bill. total financing for small businesses. U.S. exporters would find themselves The SPEAKER pro tempore. Without This authorization bill also would re- competing at a disadvantage against objection, the gentleman from New quire the Export-Import Bank to con- foreign exporters who enjoy govern- York (Mr. LAFALCE) and the gentleman tinue to increase its investment in Af- ment subsidies. from Vermont (Mr. SANDERS) each will rica. Secondly, Ex-Im provides critical ex- control 10 minutes. Moreover, an amendment was accept- port financing in cases where there is a There was no objection. ed at the full committee markup, market failure in private lending. Fre- Mr. BEREUTER. Mr. Speaker, I yield which was offered by the distinguished quently, these failures relate to the na- myself such time as I may consume. gentleman from Pennsylvania (Mr. ture of the exporter. Small businesses

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.037 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H955 too often face problems obtaining pri- to primarily fund many of the largest it is not the large multinationals that vate credit for export transactions. corporations in America, who openly are creating jobs in this country; it is Failures also relate to the nature of acknowledge and are very proud of the small business. I say that if small busi- the export market. Markets in sub-Sa- fact that they are laying off hundreds nesses want help in creating jobs in the haran Africa and elsewhere in the de- of thousands of American workers and United States, let us support them. veloping world are frequently over- taking our jobs to China, to Mexico, And if Boeing and General Electric looked by private export credit. Ex-Im and to other desperate developing want to take jobs to China, that is fine, goes where private lenders are unwill- countries where people are being paid but do not come to the taxpayers of ing to go to the ultimate benefit of pennies an hour to do human labor. Es- this country and ask for support. these developing countries, the United sentially what the Export-Import Bank I should mention, Mr. Speaker, that States and the global economy. says is, ‘‘Thank you, large corporation, that legislation had the support of Finally, I would like to highlight for laying off thousands of American eight major labor unions and one very briefly the importance of H.R. workers; and as your reward for doing prominent business group, including 2871, the bill that was reported out of that, hey, come on in line and we’re the United Steelworkers, the Inter- the Committee on Financial Services going to give you a loan or a loan guar- national Association of Machinists, but that the Republican leadership re- antee or some other kind of subsidy.’’ UNITE, Boilermakers, Pace, the United fuses to bring to the floor for a vote. In I am sure that that policy and that Electrical Workers, the Independent addition to reauthorizing the bank for approach makes sense to somebody, es- Steelworkers Union, the Teamsters and 4 years rather than 30 days, the bill pecially the well-paid CEOs of the large the U.S. Business and Industry Coun- contains important provisions that will multinational corporations and their cil. better define and guide Ex-Im’s policies lobbyists and friends who contribute b 1530 and programs. I am hoping that we will huge sums of money into the political have the opportunity to take up that process, but I do not think it makes I would like to ask my good friend, bill within the next 30 days. sense to the average American worker the gentleman from Nebraska (Mr. BE- Mr. BEREUTER. Mr. Speaker, will or the average American taxpayer. REUTER), the chairman of the sub- the gentleman yield? How could we have a so-called job-cre- committee, if he will support me in al- Mr. LAFALCE. I yield to the gen- ating program when the major recipi- lowing me to bring this amendment to tleman from Nebraska. ents of Export-Import loans and guar- the floor of the House so that the Mem- Mr. BEREUTER. I thank the gen- antees are the major job cutters in the bers have a chance to vote on that. tleman for yielding. Mr. BEREUTER. Mr. Speaker, will I want to tell the gentleman that it United States of America? Some of my opponents will say, well, the gentleman yield? is not the Republican leadership that is Mr. SANDERS. I yield to the gen- delaying the movement of this bill to they are creating jobs. I acknowledge that. But the fact of the matter is, tleman from Nebraska. the floor. It is a matter of dispute be- Mr. BEREUTER. Mr. Speaker, I must tween Treasury and, I might say, our given the huge amount of money that is being spent, given the leverage that hedge my answer. As I told the gen- committee and also a matter of dispute tleman, I am not at all reluctant to between Treasury and the Export-Im- the Export-Import Bank has, they are doing a poor job. And in my view, you have that issue voted on, as the gen- port Bank as to whether or not Treas- tleman suggested, and as we had origi- ury has a veto over the use of the Tied do not reward companies that publicly nally described it. I am concerned Aid War Chest, which the gentleman acknowledge to the world that they are about a wide-open rule. and I both support; and we are trying going to China to hire people at 30 So perhaps the gentleman, if we do to have the committee’s position pre- cents an hour and then you say to not bring this on the suspension cal- vail and avoid a veto threat in the those people, ‘‘No problem. Come on in endar, would assist me in making our process. line and you’re going to get taxpayer case to the Committee on Rules to Mr. LAFALCE. It is my position that dollars.’’ the Treasury does not determine what Mr. Speaker, last summer I worked avoid some things that I think would bills come to the floor of the House of with the subcommittee chairman from be very detrimental in general to the Representatives, that it is the House Nebraska (Mr. BEREUTER), a good public interests were it to be offered Republican leadership that makes that friend of mine, who is doing a very under a completely open rule. determination. good job on this issue. Together, we in- Mr. SANDERS. Mr. Speaker, reclaim- Mr. SANDERS. Mr. Speaker, I yield troduced a bill, H.R. 2517, that would ing my time, I would be happy to work myself such time as I may consume. have addressed this problem in a very with my friend on that approach. As the ranking member of the Sub- serious way. H.R. 2517 would have pre- Mr. Speaker, the issue here is wheth- committee on International Monetary vented companies from receiving Ex- er working families in this country, Policy and Trade, I rise to express my port-Import Bank assistance if they many of whom are working longer strong concerns regarding the reau- lay off a greater percentage of workers hours for low wages, should be pro- thorization of the Export-Import Bank. in the United States than they lay off viding hundreds of millions of taxpayer Mr. Speaker, many supporters of the in foreign countries. dollars each year to large multi- Export-Import Bank argue that the For example, if a company lays off 20 national corporations who are laying Bank is necessary because it creates percent of its American workforce but off hundreds of thousands of American jobs and it helps out small business. only lays off 10 percent of its foreign workers. That is the issue. Obviously, when you spend hundreds of workforce, that company would be de- Mr. Speaker, I reserve the balance of millions of dollars, you are going to nied future Export-Import Bank assist- my time. create jobs. You could drop money out ance unless it restored those American Mr. BEREUTER. Mr. Speaker, it is of an airplane and you would create jobs. I know that people think that is a my pleasure to yield such time as he jobs. radical idea. Imagine telling American may consume to the distinguished gen- The question is, given the amount of companies who want taxpayer money tleman from Illinois (Mr. MANZULLO), money that we spend, given the risk to that they cannot just willy-nilly lay who represents an area with a wide and American taxpayers, is the Export-Im- off American workers. Imagine them important export base. port Bank doing a good enough job in having to come forward and say that Mr. MANZULLO. Mr. Speaker, I rise creating work for the American people? they want to grow jobs in their com- in support of S. 2019, which will give us And I would submit very strongly that pany. another month to work out the re- that is not the case. And if the Export- The other aspect of the legislation maining details with Ex-Im’s reauthor- Import Bank is not thoroughly re- that the gentleman from Nebraska (Mr. ization. formed in terms of its goals and the BEREUTER) and I worked on together I represent Rockford, Illinois, which way it functions, it should not con- was to put more emphasis on small in 1981 led the Nation in unemployment tinue to exist. business help for the Export-Import at 25.9 percent. More people were un- The problem that I have with the Ex- Bank. The fact of the matter is, it is employed in Rockford then proportion- port-Import Bank is that we continue not Boeing, it is not General Electric, ally than during the so-called Great

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.057 pfrm04 PsN: H19PT1 H956 CONGRESSIONAL RECORD — HOUSE March 19, 2002 Depression. Rockford is about 35 or 36 The Export-Import Bank is tremen- good investment to the United States percent manufacturing base, compared dously important to the district that I taxpayers. For every dollar of taxpayer to most cities, which are half of that. represent and to the State that I rep- money invested in the bank’s program There are about 60 companies in the resent. New York City is a major ex- budget, we have seen returns of $15 in district that I represent, and hundreds porting center. Just 3 weeks ago, a credit support for transactions. of sub-subcontractors, that comprise woman came to my office and ex- Over the course of the past year, the the $232 million dollars worth of prod- pressed her support for the Ex-Im gentleman from Nebraska (Chairman ucts that they sell to Boeing Corpora- Bank. She had created a perfume called BEREUTER) and the gentleman from tion, a so-called multinational corpora- Akabar, it is a very small business, and Vermont (Mr. SANDERS), the sub- tion. Of course they are multinational she stated without the support of the committee ranking member, held a se- corporations. They make airplanes. Export-Import Bank, she would not be ries of extremely informative, thought- Those are big companies. But a cor- able to export it, as she is now, to Italy ful hearings on the bank. We heard tes- poration is composed of the people that and many European countries. timony from the business community, work for it, the labor union that works Many large and small businesses in labor and environmental organizations. there at Hamilton Sundstrand that my district are benefited by the work The final product, that I hope we will supplies $232 million worth of products, and support of the Export-Import fully extend next month, builds on the and the 60 other small business people Bank. I hope that in the course of the important input that we got at these and the hundreds of unknown sub-sub- next month the final reauthorization hearings. contractors. for 4 years through 2005 will be com- I might add that the bill includes an Ex-Im Bank makes possible millions pleted so that the bank can get on with amendment that I offered in the Com- of dollars for small business people, its tremendously important work. I un- mittee on Financial Services giving many of whom do not even know their derstand that there are final negotia- the bank explicit authority to turn products are going into an aircraft that tions on remaining issues and that down an application for Ex-Im loan has been sold by a ‘‘multinational cor- these negotiations are progressing, and guarantees or insurance when there is poration’’ which somehow is supposed I compliment the bipartisan leadership evidence that a foreign company had to be the cynosure of evil in this Na- of the Committee on Financial Serv- practiced fraud in the past. The full au- tion. That is what Ex-Im Bank does. It ices for working to complete this proc- thorization also continues the bank’s tries to level the playing field in this ess in a timely manner. commitment to small businesses and to The Export-Import Bank is a worth- highly competitive, unfair world, so working with African countries. that American manufacturers can com- while institution, a successful govern- This is a very important institution. ment entity, that facilitates American pete on a level playing field with man- I just want to reiterate that it is very businesses and worker interests by ufacturers from other countries. That supportive to the exports in my dis- making exports possible to areas of the is what Ex-Im Bank does. That is the trict and in New York State and many world that would not otherwise be open whole purpose of it. other States. I urge this temporary re- to U.S. companies. The Export-Import In fact, Ex-Im Bank makes jobs in authorization and hope we will have a Bank is an independent Federal agency the United States. Ex-Im Bank makes full reauthorization coming before this that helps to finance the export of jobs in the United States. Let me say it body soon. American products and services that three times. Ex-Im Bank makes jobs in Mr. SANDERS. Mr. Speaker, I yield would not go forward, which in turn the United States. Were it not for the myself such time as I may consume. sustains and grows U.S. jobs. In its 68- Ex-Im Bank, Boeing would not be as Mr. Speaker, after all is said and year history, the Ex-Im Bank has sup- competitive, and thousands of people done, one of the major economic crises ported over $400 billion of U.S. exports, would be laid off in the congressional facing this country is the decline of sustaining and creating millions of district that I represent. Those are the manufacturing; the fact that we have high-paying U.S. jobs, many in the dis- facts as to the relationship between roughly a $400 billion trade deficit; the trict I represent. Ex-Im Bank and so-called large multi- In fiscal year 2001 alone, the Ex-Im fact that it is harder and harder for the national corporations. Bank supported $12.5 billion of U.S. ex- American people to find products made But I am also chairman of the Com- ports to emerging markets around the in the United States of America when mittee on Small Business, and I agree world. This business enabled many U.S. they go shopping, whether it is tex- that Ex-Im Bank has to reach out to companies to maintain and even ex- tiles, and that industry has suffered a help small business exporters. The pand their workforces. huge loss and the loss of God only number of small business exporters has The Ex-Im Bank’s financing does knows how many jobs, shoes, sneakers, more than tripled over the past decade. more than support jobs at exporting which used to be big in New England They comprise 97 percent of all U.S. ex- companies. It helps sustain and create where I am from, televisions, toys, bi- porters. Last year, 86 percent of their jobs at tens of thousands of U.S. sup- cycles, phones, U.S. flags, increasingly transactions and 18 percent of the dol- pliers around the country who partici- made in China by American companies lar volume of Ex-Im went to small pate indirectly in Ex-Im Bank-financed who threw American workers out on businesses, and it continues to rise. I exports. These indirect exporters, the street and went abroad to exploit would therefore urge my colleagues to many of which are small businesses, people who make 20 to 30 cents an hour support S. 2019 and work over the next supply components, services and tech- who cannot form unions and who have month to come up with a final bill. nology to U.S. exporters of a wide very little civil liberties. Mr. LAFALCE. Mr. Speaker, I yield range of products and services, as di- This is a huge issue that must be such time as she may consume to the verse as environmental technology, dealt with if we are going to protect gentlewoman from New York (Mrs. construction and agricultural equip- decent-paying jobs in America and if MALONEY). ment, amusement park rides, aircraft, they are going to protect wages so that Mrs. MALONEY of New York. Mr. furniture, computer and telecommuni- people can earn family-based incomes. Speaker, I thank the gentleman for cations technology. I continue to believe and will always yielding me time, and I commend the Export-Import Bank financing has a believe that it makes no sense for the hard work and leadership not only of ripple effect that sustains jobs at com- taxpayers of this country to reward the ranking member, but the chairman panies large and small throughout the those multinational corporations who of the Subcommittee on International United States economy in almost every throw American workers out on the Monetary Policy and Trade; and I ap- State and the great majority of con- street and run abroad. I do not think it preciate very much the important, gressional districts. Through the is too much to ask them to invest in thoughtful views of the gentleman bank’s loan guarantees, insurance and this country and create jobs here. from Vermont (Mr. SANDERS). Yet on direct-lending programs, Ex-Im pro- As far as I understand it, in terms of this issue, I support the ranking mem- grams account for approximately 2 per- the forms associated with the Export- ber and others in requesting the au- cent of all U.S. exports annually. Import Bank, there is not even a line thorization of the Export-Import Bank By leveraging the appropriation we there that asks these companies to for an additional 30 days. grant Ex-Im, the bank returns a very pledge to create new jobs in the United

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.041 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H957 States of America, because they could ken window’’ fallacy. When a hoodlum throws There is simply no constitutional justification not sign that pledge in good honesty, a rock through a store window, it can be said for the expenditure of funds on programs such in a straightforward way, because they he has contributed to the economy, as the as Eximbank. In fact, the drafters of the Con- do not believe in creating new jobs in store owner will have to spend money having stitution would be horrified to think the federal America. They believe in going abroad the window fixed. The benefits to those who government was taking hard-earned money in many instances and paying people repaired the window are visible for all to see, from the American people in order to benefit sub-standard wages. therefore it is easy to see the broken window the politically powerful. So I think we have to use every op- as economically beneficial. However, the In conclusion, Mr. Speaker, Eximbank dis- portunity we can, whether it is the Ex- ‘‘benefits’’ of the broken window are revealed torts the market by allowing government bu- port-Import Bank, whether it is OPIC, as an illusion when one takes into account reaucrats to make economic decisions in to start addressing this issue, and force what is not seen; the businesses and workers place of individual consumers. Eximbank also these very large companies who have who would have benefited had the store violates basic principles of morality, by forcing been throwing American workers out owner not spent money repairing a window, working Americans to subsidize the trade of on the street to reinvest in this coun- but rather had been free to spend his money wealthy companies that could easily afford to try and put our people to work. Amer- as he chose. subsidize their own trade, as well as sub- ican workers who lose their jobs from Similarly, the beneficiaries of Eximbank are sidizing brutal governments like Red China companies who go to China should not visible to all; what is not seen is the products and the Sudan. Eximbank also violates the be asked with their tax dollars to help that would have been built, the businesses limitations on congressional power to take the these very same companies throw other that would have been started, and the jobs property of individual citizens and use them to American workers out on the street. that would have been created had the funds benefit powerful special interests. It is for Mr. Speaker, I yield back the balance used for the Eximbank been left in the hands these reasons that I urge my colleagues to re- of my time. of consumers. ject S. 2019. Mr. BEREUTER. Mr. Speaker, I yield Some supporters of this bill equate sup- Mr. OXLEY. Mr. Speaker, I rise in strong myself such time as I may consume. porting Eximbank with supporting ‘‘free trade,’’ support of this measure and encourage my Mr. Speaker, as I conclude our debate and claim that opponents are ‘‘projectionists’’ colleagues to join me in voting in favor of ex- here today, I want to thank my col- and ‘‘isolationists.’’ Mr. Speaker, this is non- tending the authorization of the Export-Import leagues on the committee and sub- sense, Eximbank has nothing to do with free for an additional thirty days while the details of committee for their support in at- trade. True free trade involves the peaceful, the full authorization are finalized. The Finan- tempting to craft important reauthor- voluntary exchange of goods across borders, cial Service Committee has been working dili- ization legislation that makes some re- not forcing taxpayers to subsidize the exports gently to bring this authorization to completion, forms that I think are necessary. These of politically powerful companies. Eximbank is however; the events of September 11 and the reforms, and many others, are always not free trade, but rather managed trade, anthrax contamination on Capitol Hill have de- resisted by the executive branch; but it where winners and lowers are determined by layed the process considerably. The full reau- is our responsibility as Congress, as au- how well they please government bureaucrats thorization makes several strong improve- thorizers, to in fact do what is appro- instead of how well they please consumers. ments to the Ex-Im charter, which will enable priate to make sure the programs Expenditures on the Eximbank distort the it to deliver more U.S. goods to foreign cus- work, that they serve their original market by diverting resources from the private tomers. We are currently in negotiations with purposes or such new purposes as the sector, where they could be put to the use the Department of the Treasury to finalize Congress assigns. most highly valued by individual consumers, some technical concerns with the full reauthor- into the public sector, where their use will be ization and expect to have resolution of these b 1545 determined by bureaucrats and politically pow- issues soon. I want to particularly thank the gen- erful special interests. By distorting the market This thirty day extension of Ex-Im’s author- tlewoman from New York (Mrs. and preventing resources from achieving their ization will enable the Bank to continue its im- MALONEY) for her very constructive ap- highest valued use. Eximbank actually costs portant work of encouraging U.S. exports proach to the committee’s delibera- Americans jobs and reduces America’s stand- overseas and promoting U.S. jobs. Ex-Im tions and her continued support for the ard of living! plays a key role in leveling the playing field Export-Import Bank. The case for Eximbank is further weakened between U.S. and foreign based exporters. I would say to the ranking members considering that small businesses receive only Without the activities of Ex-Im, U.S. exporters of the committee and the sub- 12–15 percent of Eximbank funds; the vast would be at a distinct disadvantage against committee, I have confidence we can majority of Eximbank funds benefit large cor- foreign exporters who receive subsidies from work together to put together a struc- porations. These corporations can certainly af- their foreign export credit agencies. With the tured rule that will provide an oppor- ford to support their own exports without rely- help of Ex-Im loans, insurance and guaran- tunity to debate the crucial amend- ing on the American taxpayer. It is not only tees, U.S. exporters can counter export credits ments that were offered, but not suc- bad economics to force working Americans, offered to foreign competitors and reach crit- cessfully, at the subcommittee or com- small business, and entrepreneurs to sub- ical overseas markets. Ex-Im helps increase mittee level, and still avoid some of sidize the exports of the large corporations; it the number of U.S. exports, it encourages the things that would be very much is also immoral. In fact, this redistribution from trade and it helps sustain U.S. jobs. contrary to the national interest. the poor and middle class to the wealthy is the Without this extension, Ex-Im will have to Mr. Speaker, I ask my colleagues to most indefensible aspect of the welfare state, wind up its current outstanding business and support the legislation. yet it is the most accepted form of welfare. Mr. will not be able to make any new commit- Mr. PAUL. Mr. Speaker, reauthorizing tax- Speaker, it never ceases to amaze me how ments for the export of U.S. manufactured payer support for the Export-Import Reauthor- members who criticize welfare for the poor on goods. This will have a negative effect on jobs ization Act for every 1 day, much less for a moral and constitutional grounds see no prob- and will inhibit our economic recovery at a month violates basic economic, constitutional, lem with the even more objectionable pro- time when we are working to emerge from a and moral principles. Therefore, Congress grams that provide welfare for the rich. period of high unemployment and low growth. should reject S. 2019. The moral case against Eximbank is Passage of this measure is critical to the U.S. The Export-Import Bank (Eximbank) takes strengthened when one considers that the economy, to U.S. workers and to U.S. manu- money from American taxpayers to subsidize government which benefits most from facturers. exports by American companies. Of course, it Eximbank funds is communist China. In fact, In a perfect marketplace there would be no is not just any company that receives Eximbank actually underwrites joint ventures need for export credit agencies, however; the Eximbank support—rather, the majority of with firms owned by the Chinese government! realities of today’s international trading system Eximbank funding benefits large, politically Whatever one’s position on trading with China, demand that Ex-Im operate aggressively to powerful corporations. I would hope all of us would agree that it is support the sale of U.S. products abroad. Proponents of continued American support wrong to force taxpayers to subsidize in any Every major actor in international trade utilizes for the Eximbank claim that the bank ‘‘creates way this brutal regime. Unfortunately, China is an export credit agency similar to the Ex-Im jobs’’ and promotes economic growth. How- not an isolated case: Colombia, Yemen, and Bank to promote its trade initiatives. Ex-Im ever, this claim rests on a version of what the even the Sudan benefit from taxpayer-sub- keeps U.S. exporters competitive, without it great economist Henry Hazlitt called ‘‘the bro- sidized trade courtesy of the Eximbank! foreign manufacturers would be able to enter

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K19MR7.043 pfrm04 PsN: H19PT1 H958 CONGRESSIONAL RECORD — HOUSE March 19, 2002 important emerging markets without any com- reau of Engraving and Printing), is Good currency security takes con- petition from U.S. business. amended— stant research and development, and it Mr. Speaker, by opening foreign markets to (1) in the first sentence, by inserting ‘‘or takes sophisticated printing tech- U.S. products, the U.S. economy improves foreign government’’ after ‘‘agency’’; niques. This is why smaller countries and more American workers have good paying (2) in the second sentence, by inserting ‘‘and other’’ after ‘‘administrative’’; and typically approach other, larger gov- manufacturing jobs. I encourage all Members (3) in the last sentence, by inserting ‘‘or ernments instead of private printers to to vote in favor of this 30 day extension, which foreign government’’ after ‘‘agency’’. have their currency printed. Australia, will help maintain U.S. based jobs and drive The SPEAKER pro tempore. Pursu- England, the United Kingdom, and our economic recovery. ant to the rule, the gentleman from some of the European countries have Mr. BEREUTER. Mr. Speaker, I yield been doing this for decades. back the balance of my time. Nebraska (Mr. BEREUTER) and the gen- tlewoman from New York (Mrs. While our Mint has the authority to The SPEAKER pro tempore (Mr. make coins for other countries, the Bu- OTTER). The question is on the motion MALONEY) each will control 20 minutes. The Chair recognizes the gentleman reau of Printing does not, and it has al- offered by the gentleman from Ne- ways had to send the business else- from Nebraska (Mr. BEREUTER). braska (Mr. BEREUTER) that the House where, overseas. Frankly, Mr. Speaker, suspend the rules and pass the Senate GENERAL LEAVE that has been a loss to this country for bill, S. 2019. Mr. BEREUTER. Mr. Speaker, I ask several reasons. While under no cir- The question was taken; and (two- unanimous consent that all Members cumstances would the printing con- thirds having voted in favor thereof) may have 5 legislative days within templated in this bill be a money- the rules were suspended and the Sen- which to revise and extend their re- maker, there are some clear foreign ate bill was passed. marks and include extraneous material policy advantages to being able to ac- A motion to reconsider was laid on on this legislation. the table. commodate such a request from a The SPEAKER pro tempore. Is there friendly nation, especially when there f objection to the request of the gen- would be no cost to the taxpayers. BUREAU OF ENGRAVING AND tleman from Nebraska? There also are advantages to having PRINTING SECURITY PRINTING There was no objection. our topnotch printers and engravers be AMENDMENTS ACT OF 2002 Mr. BEREUTER. Mr. Speaker, I yield able to become familiar with cutting- myself such time as I may consume. edge currency and security techniques Mr. BEREUTER. Mr. Speaker, I move Mr. Speaker, I rise in strong support to suspend the rules and pass the bill that may be requested by countries, of H.R. 2009, the Bureau of Engraving but which may not reasonably be suit- (H.R. 2509) to authorize the Secretary and Printing Security Printing Amend- of the Treasury to produce currency, able for the massive printing runs that ments Act of 2002. The bill allows the postage stamps, and other security our own country’s currency demands. Treasury Department’s currency print- documents at the request of foreign As the gentleman from Louisiana er, under certain well-defined cir- governments, and security documents (Mr. BAKER), a member of the com- cumstances, to print currency and at the request of the individual States mittee, has pointed out, many of the other security documents for foreign of the United States, or any political techniques that first appeared in an- countries. subdivision thereof, on a reimbursable other country’s currency printed by One of the bedrocks of a strong, mod- basis, as amended. the BEP might appear later in a more ern economy is a currency in which a The Clerk read as follows: advanced form in our currency, because country’s citizens have faith. Unfortu- H.R. 2509 the Treasury has estimated the need to nately for every currency, strong or Be it enacted by the Senate and House of Rep- redesign our paper money every 6 to 7 resentatives of the United States of America in otherwise, there are people who seek to years from here on out to keep it se- Congress assembled, create counterfeits, either to enrich cure. SECTION 1. SHORT TITLE. themselves or to shake faith in the This bill is essentially the same lan- This Act may be cited as the ‘‘Bureau of economy and the government, or both. guage as that originally introduced Engraving and Printing Security Printing Counterfeiters have existed as long last year at the request of the adminis- Amendments Act of 2002’’. as there has been money. Mr. Speaker, tration by the gentleman from New SEC. 2. PRODUCTION OF DOCUMENTS. in fact, the United States Secret Serv- York (Mr. KING), with the strong sup- Section 5114(a) of title 31, United States ice, which does such a good job of pro- port of the gentlewoman from New Code (relating to engraving and printing cur- tecting the President and senior gov- rency and security documents), is amended— York (Mrs. MALONEY). In turn, that (1) by striking ‘‘(a) The Secretary of the ernment officials, originally was language was itself similar to language Treasury’’ and inserting: formed as an anticounterfeiting squad. introduced in the previous Congress, at ‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.— The Secret Service is so impressive at the previous administration’s request, ‘‘(1) IN GENERAL.—The Secretary of the this task that few of us ever look at by the gentleman from Alabama (Mr. Treasury’’; and our paper money to check its authen- BACHUS) and passed by the sub- (2) by adding at the end the following new ticity. Sadly, that is not the case in committee, the committee, and the full paragraphs: many other countries. House. The only changes are limita- ‘‘(2) ENGRAVING AND PRINTING FOR OTHER Today, with the increasingly global GOVERNMENTS.—The Secretary of the Treas- tions on the authority to print for for- ury may, if the Secretary determines that it economy and the advances in tech- eign governments only. will not interfere with engraving and print- nology, the temptation to counterfeit The original bill also authorizes the ing needs of the United States, produce cur- and the means to do so are ever more printing of security documents for the rency, postage stamps, and other security available. It is difficult enough for the States of the United States, and the documents for foreign governments, subject Secret Service and our currency print- addition of a ‘‘buy America’’ clause. to a determination by the Secretary of State er, the Bureau of Engraving and Print- With the exception of the latter, the that such production would be consistent ing, or the BEP, to stay ahead of this House passed this language as part of with the foreign policy of the United States. threat. That is why, as we know, the ‘‘(3) PROCUREMENT GUIDELINES.—Articles, the USA Patriot Act of 2001 last fall. material, and supplies procured for use in Treasury Department is expected to Three conditions are required before the production of currency, postage stamps, start issuing a newly designed set of the BEP could print currency for an- and other security documents for foreign currency beginning sometime next other country: The Secretary of State governments pursuant to paragraph (2) shall year, a mere 6 years after the last rede- has to certify that such an effort is be treated in the same manner as articles, sign. consistent with the foreign policy goals material, and supplies procured for public But if it is hard for us to outwit of the United States; the job must not use within the United States for purposes of counterfeiters, imagine the difficulties interfere with the BEP’s main job of title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as the Buy facing smaller countries, even if they printing currency for the U.S.; and all American Act).’’. are not in a state of war or undergoing real and imputed costs, administration SEC. 3. REIMBURSEMENT. the stress of massive corruption, or are and capital investments as well as Section 5143 of title 31, United States Code being subjected to an out-of-control paper, ink, and labor, must be recov- (relating to payment for services of the Bu- drug business. ered.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.018 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H959 Mr. Speaker, in the last decade the Beyond the economic benefits, the Here’s how it would work: BEP has had to turn away requests legislation will further U.S. interests If the final amount contains 1 or 2 cents, the from Kuwait and more recently Mexico around the world. No printing for a for- amount would be rounded to 0 cents. for the U.S. to bid on printing their eign government will take place with- If the final amount contains 3, 4, 6, or 7 currency. Without this bill, it would be out the express approval of the Sec- cents, the amount would be rounded to 5 impossible for the Bureau to print, if retary of State, who will ensure that cents. asked, new currency for Afghanistan, all approved work is in the national in- If the final amount contains 8 or 9 cents, the which desperately needs a secure cur- terest. amount would be rounded to 10 cents. rency, as at least two different versions Perhaps most importantly, passage Rounding will not occur if the total amount of the Afghani now circulate, in addi- of this bill will allow the BEP to share is 2 cents or less or if the payment is made tion to suspected counterfeits. its anticounterfeiting expertise with by a negotiable instrument, electronic fund In conclusion, Mr. Speaker, I will in- the countries whose currency it will transfer, money order, or credit card. Also, the clude an opinion from the Secret Serv- produce. rounding occurs after discounts and taxes so ice on H.R. 2509. I believe we already In the aftermath of the attacks on state or municipalities will receive the exact have that consent. It concludes, ‘‘The New York City and Washington, we amount of any tax imposed. This system favors neither the consumer Secret Service supports the passage of have learned more than we ever wanted nor the retailer because the probability of this legislation, as it would serve as a to know about the inner workings of rounding up or down is 50 percent either way. proactive tool against the counter- terror cells. We now know that in For example, if you wanted to purchase some feiting of U.S. currency.’’ many ways Terror, Incorporated, frozen lemonade mix that costs 98 cents, you Mr. Speaker, this country demon- works like every other business, and would pay $1.00. However, if you chose to strably benefits by the strengthening requires money to operate. buy two frozen lemonade mixes for $1.96, you of other countries’ currency regimes. This legislation will allow the U.S. to would pay $1.95. The calculation becomes Plainly said, making counterfeiting help foreign countries prevent counter- more complicated by factoring in any taxes on harder leads to fewer counterfeiters. feiting of their currency, and allow the the final sales amount. And if you are shop- Especially if there is no cost to the BEP to continue to develop expertise it ping at a grocery store, you must factor in the United States taxpayer, I can think of can use domestically. This legislation has tangible benefits weight of produce and recognize that some no reason not to advance the bill im- to U.S. taxpayers and foreign policy. I items are taxable and others are non-taxable. mediately, sending it to the other body urge its adoption. As you can see, there would be no way for as quickly as possible. Mr. KOLBE. Mr. Speaker, I rise in support of businesses to establish a pricing structure so Mr. Speaker, I ask for its immediate the Bureau of Engraving and Printing Security that they could make an extra 2 cents on Passage. Printing Amendments Act, H.R. 2509, to au- every transaction or that would cause price in- Mr. Speaker, I reserve the balance of thorize the Bureau of Engraving and Printing creases. It is important to note also that a my time. to produce currency, postage stamps, and similar rounding technique is used at overseas Mrs. MALONEY of New York. Mr. other security documents at the request of for- US military bases and in Australia and New Speaker, I yield myself such time as I eign governments, and security documents at Zealand, and gasoline is priced in nine-tenths may consume. the request of the individual States of the of a cent and rounded up. I rise in strong support of H.R. 2509, United States on a reimbursable basis. The The rounding system has several advan- Mr. Speaker, the Bureau of Engraving U.S. Mint already has similar authority. This tages. First, it would save the taxpayer money. and Printing Security Printing Amend- legislation makes sense. We need to mod- The penny has very low or no profit margin for ments Act of 2001. ernize our legal tender and H.R. 2509 is a the Mint. In fact, the General Accounting Of- The subcommittee chairman, the positive step in this direction. fice reported in 1997 that the penny is unprof- gentleman from New York (Mr. KING), I introduced legislation to comprehensively itable. Secondly, it would save businesses and and I introduced this legislation last modernize our money system—the Legal Ten- customers money by reducing transaction time year. It is the product of bipartisan ne- der Modernization Act (H.R. 2528). We need (some estimate up to 2.5 seconds/transaction) gotiations and consultation with the to modernize our money to improve the con- and time spent waiting in lines, reducing the administration. It closely tracks legis- venience and effectiveness of its daily use. need for rolled coins (there are costs associ- lation that passed last year in the 106th Legal tender should not add to market ineffi- ated with wrapping and transporting pennies), Congress, and I urge its timely enact- ciencies. I believe it is better to spend tax- and reducing errors when employees spend ment. payer money on education, health care, na- time counting pennies. This noncontroversial legislation tional security, and other important national It is past time for our legal tender system to gives Treasury the ability to produce needs rather than on an inefficient legal tender be improved, and I understand concerns about security documents, postage stamps, system. changing this system. Change is always met and currency for foreign countries. In The Legal Tender Modernization Act essen- with resistance. New area codes were not wel- the last decade, several countries, in- tially accomplishes five objectives. It estab- comed by people, but I think a greater good cluding Turkey, South Africa, Mexico, lishes a five year commemorative $2 bill pro- is achieved by allowing our telecommuni- and Kuwait have approached the U.S. gram similar to the 50 state quarter program, cations infrastructure to address growth. about printing security documents on requires cash sales to be rounded up or down Changing or introducing new coinage or cur- their behalf. This legislation will grant to the nearest five cent increment to reduce rency is no different. In 1914, England went the Bureau of Engraving and Printing the circulation of the penny, authorizes the from a coin to a note, even though the public this authority. Department of Treasury to produce currency opinion did not support this change. Canada In no way will printing foreign cur- for foreign governments, as does H.R. 3509, went the other direction from a note to a coin rency interfere with the production of clarifies that seigniorage (the difference be- against the wishes of the public, but the public U.S. currency. Rather, it will benefit tween the face value of money and the cost now accepts this coin. our national interests in several ways. to produce it) is part of the federal budget, and I urge my colleagues to support this legisla- First, there is currently excess ca- makes permanent current law prohibiting the tion. It mvoes us one step closer to a com- pacity at the BEP, and foreign cur- redesign of the $1 bill. prehensive modernization of our legal tender. rency will only be printed by the Bu- Since there has been so much attention Mr. OXLEY. Mr. Speaker, the problem of reau as long as capacity is available. given to this issue, let me explain in more de- counterfeiting of currency is serious and get- This additional work will benefit the tail the rounding system I am proposing to re- ting worse in a number of places throughout BEP, allowing its expert printers to duce the use of the penny. The penny would the world. further refine their skills. continue to be legal tender, but would not be Terrorists, rebels and drug traders seek Any investments the BEP will make necessary in cash transactions. The total more money with which to ply their deadly to purchase equipment and materials value of any cash transaction would be round- trades. Some seek to destabilize economies to produce currency for other countries ed up or down so that no pennies would be or governments, or merely to get something will be reimbursed. required. Again, let me stress that the round- for nothing. And with the rapidly improving The entire operation should have a ing would be applied to the total transaction computer technology—scanners, color printers positive effect on the U.S. Treasury, costs, after taxes, and only for cash trans- and powerful PC’s available very inexpen- and create U.S. additional jobs. actions. sively—it isn’t even necessary anymore for

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\K19MR7.062 pfrm04 PsN: H19PT1 H960 CONGRESSIONAL RECORD — HOUSE March 19, 2002 counterfeiters to know how to run a com- This is important because the Secret Serv- gency Assistance Act (42 U.S.C. 5177(a)), in plicated printing press. ice and the Bureau of Engraving have told the case of any individual eligible to receive Recognizing this trend, the Committee on Congress that it will be necessary to redesign unemployment assistance under section Financial Services, and then the House last U.S. banknotes regularly every six or seven 410(a) of that Act as a result of the terrorist attacks of September 11, 2001, the President fall, included two items aimed at strengthening years from here on out to keep them secure. shall make such assistance available for 39 anti-counterfeiting efforts around the world as Indeed, while the first redesign of U.S. cur- weeks after the major disaster is declared. part of the anti-money laundering portion of rency since the 1920s began in 1996, the next The SPEAKER pro tempore. Pursu- the USA PATRIOT Act, the first major Con- new series is expected to be issued starting ant to the rule, the gentleman from gressional reaction to the terror attacks of next year. Louisiana (Mr. COOKSEY) and the gen- September 11. Mr. Speaker, H.R. 2509 would, if enacted, tleman from New York (Mr. NADLER) One of the pieces of legislative language have an added advantage: if counterfeiting of each will control 20 minutes. world currencies becomes too difficult, it will was aimed at helping our Secret Service, the The Chair recognizes the gentleman government’s anti-counterfeiting agency, help be more difficult for counterfeiters to fund their from Louisiana (Mr. COOKSEY). lethal schemes. That, in turn, means not only arrest and more severely punish people who Mr. COOKSEY. Mr. Speaker, I yield fewer attacks on the integrity of foreign cur- counterfeit U.S. currency, or people who coun- myself such time as I may consume. terfeit foreign currency while on U.S. soil. The rency but, as the Secret Service notes, fewer Mr. Speaker, H.R. 3986 amends the other sought to allow the Treasury Depart- attacks on the integrity of U.S. currency as Robert T. Stafford Emergency Assist- ment’s currency printing arm, the Bureau of well. ance and Disaster Relief Act to extend Mr. Speaker, the United States Secret Serv- Engraving and Printing, to print currency for the period of eligibility for disaster un- ice does a terrific job of policing counterfeiting foreign governments on request. employment assistance for the Presi- of U.S. banknotes—so good that although we One of the two provisions survived con- dential disaster declared as a result of ference with the other body, Mr. Speaker, and should really pay more attention to the money in our pocket, few if any of us actually exam- the terrorist attacks on September 11, the Secret Service has been using those au- 2001, at the World Trade Center and the thorities aggressively to pursue and incar- ine it for fakes, because we know there aren’t going to be any. Passing this legislation and Pentagon. cerate counterfeiters in this country and, in H.R. 3986 extends the provision of dis- some cases, to assist foreign governments in allowing the Treasury Department and the De- partment of State to work with other countries aster unemployment assistance from 26 tracking down those who would counterfeit weeks to 39 weeks for those workers U.S. currency overseas. to move their own currencies in the direction of similar security—all at no cost to the tax- who lost their jobs at the World Trade We are here today to again pass the other Center in New York and at the Pen- provision, Mr. Speaker, and I urge strong sup- payer—seems to me to be such an easy call that I cannot imagine any serious opposition. tagon in the Washington metropolitan port for this bill both here and in the other area as a direct result of the September chamber. I should note that the House has I urge immediate passage of this legislation. Mrs. MALONEY of New York. Mr. 11 attacks. passed this legislation now three times—this Speaker, I yield back the balance of Under the Stafford act, the disaster will be the fourth—but that for reasons of tim- my time. unemployment assistance program is ing as much as anything else the Senate has Mr. BEREUTER. Mr. Speaker, I urge for persons who become unemployed as not yet acted on the bill. I hope that by send- support for the legislation, and I yield a direct result of a disaster and who ing H.R. 2509 across the Rotunda early back the balance of my time. are not eligible for State insurance or enough in this legislative session there will be The SPEAKER pro tempore. The any other unemployment benefits. adequate time for them to act, and that there question is on the motion offered by The New York State Department of will be a renewed appetite to pass this bill that the gentleman from Nebraska (Mr. BE- Labor administers the Disaster Unem- manifestly helps the United States, as well as REUTER) that the House suspend the ployment Assistance Program on be- those whose currency we may end up printing rules and pass the bill, H.R. 2509, as half of the Federal Emergency Manage- in a more secure fashion. amended. ment Agency. Disaster unemployment Mr. Speaker, counterfeiters are clever and The question was taken. assistance is only payable during the determined, because the payoff if they are The SPEAKER pro tempore. In the disaster assistance period, and this leg- successful is so great. Imagine the level of opinion of the Chair, two-thirds of islation will extend that period until profit in a country in, say, South America, with those present have voted in the affirm- June 15, 2002. a standard of living much lower than ours, if ative. The bill does not amend section 410 of one can produce high-denomination bank- Mr. BEREUTER. Mr. Speaker, on the Stafford act to permanently extend notes for a few pennies’ worth of materials. that I demand the yeas and nays. disaster unemployment assistance pay- Many countries simply lack the printing ca- The yeas and nays were ordered. ments; it merely creates an extension The SPEAKER pro tempore. Pursu- pability, or the research-and-development only for the disaster declaration stem- ant to clause 8 of rule XX and the skills, to design and produce currency that is ming from the September 11 attacks. difficult to counterfeit even at a time they most Chair’s prior announcement, further This bill provides much needed as- need a strong currency. Mr. Speaker, passage proceedings on this motion will be sistance to displaced individuals for a of this bill will allow, if a set of very carefully postponed. sufficient period of time. I commend defined conditions are met, countries to ask f the bipartisan effort by the committee the BEP to print their currency. The bill stipu- EXTENDING UNEMPLOYMENT AS- leadership, and especially the work of lates that there be no cost to U.S. taxpayers, SISTANCE FOR VICTIMS OF SEP- the New York delegation, for their no interference with the production of U.S. TEMBER 11, 2001 TERRORIST AT- hard work in bringing this bill to the banknotes and that such work be in harmony TACKS floor. I support the bill. with U.S. foreign policy goals. Mr. COOKSEY. Mr. Speaker, I move Mr. Speaker, I reserve the balance of Passage of H.R. 2509 would create benefits my time. to the United States beyond strengthening the to suspend the rules and pass the bill currency and economies of our friends, al- (H.R. 3986) to extend the period of b 1600 though the value of that should not be under- availability of unemployment assist- Mr. NADLER. Mr. Speaker, I yield estimated. The sheer number of banknotes ance under the Robert T. Stafford Dis- myself such time as I may consume. printed for the U.S. economy is so great that aster Relief and Emergency Assistance Mr. Speaker, I want to thank the security features used in each note must be Act in the case of victims of the ter- gentleman from Alaska (Mr. YOUNG), foolproof and uniform. However, gaining the rorist attacks of September 11, 2001. the gentleman from Minnesota (Mr. expertise to produce those features in high The Clerk read as follows: OBERSTAR), the gentleman from Ohio volumes is often a long, tedious process. H.R. 3986 (Mr. LATOURETTE), and the gentleman Printing the much smaller volumes of currency Be it enacted by the Senate and House of Rep- from Illinois (Mr. COSTELLO) for shut- for smaller countries would allow our top-notch resentatives of the United States of America in tling this bill through committee and Congress assembled, printers and engravers to work with cutting- to the floor. I also want to thank the SECTION 1. EXTENSION OF UNEMPLOYMENT AS- edge techniques that, as Mr. BAKER of Lou- SISTANCE. gentleman from New York (Mr. QUINN) isiana points out, may someday end up in use Notwithstanding section 410(a) of the Rob- for working with me to bring this bill in our own money. ert T. Stafford Disaster Relief and Emer- to the floor.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.020 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H961 As most Members know, this legisla- legislation, for this emergency assist- I want to thank any fellow New tion will extend by 13 weeks disaster ance to people, window washers, jani- Yorkers for their hard work and dedi- unemployment assistance, or DUA. tors, who worked at the World Trade cation on this issue, in particular, a DUA is extended only to those people Center and were deprived of their jobs special thanks to the gentleman from who lost their jobs as a direct result of by direct enemy action, but yet cannot New York (Mr. NADLER) for his relent- the September 11 terrorist attack on get regular unemployment insurance, less pursuit of the passage of this bill. our country, but who do not qualify for also shows us the necessity of restoring Mr. Speaker, his constituents are the normal unemployment insurance. our unemployment system to what it ones that are most affected by this bill, Currently, the number of people re- was. Only about one-third of people and he has worked tirelessly on their ceiving DUA stands at 2,500. That is who are laid off now get unemployment behalf, as well as all New Yorkers. I am what we are talking about in this bill, insurance because the restrictions that hopeful that the Senate can take up 2,500 people, although as individuals many States have imposed are so high. the measure after it passes the House find work, hopefully this number will It used to be 60 percent and now it is today and send it to the President for decline. These people overwhelmingly down to one-third. his signature as soon as possible. hold blue collar jobs and are the lowest So this bill shows the necessity for Swift action will allow these hard- paid in our economy. They include restoring the strength of our once-vi- working Americans to continue to re- hotel workers, janitors and window brant unemployment insurance system ceive the benefits they so desperately washers. They are the most vulnerable so that workers like this would be cov- need. As is always the case, it is time, members in our society and most in ered without the necessity of special Mr. Speaker, to thank the people who need of our help. Funding for this pro- legislation on their behalf. worked on the bill: our majority leader gram is already in place by way of last I thank the chairman and the rest of who allowed us to bring it under sus- year’s supplemental appropriations act the House for their support. pension today; the gentleman from Mr. Speaker, I reserve the balance of for New York disaster relief. Louisiana (Mr. COOKSEY), the gen- my time. This legislation is urgent as DUA tleman from Alaska (Mr. YOUNG), and I Mr. COOKSEY. Mr. Speaker, I yield benefits have already terminated. have mentioned the gentleman from such time as he may consume to the Without this extension, thousands of New York (Mr. NADLER) already. gentleman from New York (Mr. QUINN). victims of the attack on our country Mr. QUINN. Mr. Speaker, I rise in Mr. NADLER. Mr. Speaker, I yield 2 will be left without any help in an strong support of H.R. 3986 this after- minutes to the distinguished gen- economy that in New York has been noon and urge my colleagues to vote in tleman from Texas (Mr. SANDLIN). devastated not only by the national favor of bill later this afternoon. Mr. SANDLIN. Mr. Speaker, I thank economic melee, but also by the dis- As we stated, H.R. 3986 extends the the gentleman from New York (Mr. aster of September 11. While we cannot period of availability of disaster unem- NADLER) for yielding me time. make people whole from the effects of ployment assistance for individuals Mr. Speaker, after September 11 hun- the devastating attacks of September who lost their jobs as a direct result of dreds of thousands of Americans lost 11, we must do all we can to ease the the terrorist attacks on the United their jobs and were forced to seek un- transition of these people from tragedy States on September 11, 2001. The Fed- employment benefits. Earlier this back to normal life. eral Emergency Management Agency, month we voted to extend unemploy- The Senate already passed this legis- FEMA, administers this part of the dis- ment benefits for an additional 13 lation last December. S. 1622, authored aster unemployment assistance pro- weeks. Unfortunately, the extension we by Senator CLINTON of New York, in- gram pursuant to Section 410(a) of the approved on March 7 does not apply to cluded a 26-week extension. In fact, the Stafford Relief and Emergency Assist- those who receive unemployment bene- Committee on Transportation origi- ance Act to provide unemployment as- fits through the Federal Emergency nally passed a bill, S. 1622, the Senate sistance to persons who become unem- Management Agency. Today we are bill, by voice vote afterwards sub- ployed as a result of major disasters. considering legislation that would ad- stituted for the bill that I introduced Our distinction here, Mr. Speaker, is dress that oversight. in the House. Unfortunately, in order that we are talking about disaster un- Unemployment benefits are crucial to get this bill to the floor we had to employment assistance as opposed to to those who have lost their jobs in make this bill only a 13-week exten- straight unemployment assistance. order to pay their bills and preserve sion. This program currently provides dis- their dignity. In the same way Social As I said earlier, DUA benefits run aster unemployment assistance to Security provides our Nation’s 32 mil- out in New York on March 17, which is qualified individuals for a period not to lion seniors with crucial monthly in- to say 2 days ago, and in Virginia on exceed 26 weeks. Mr. Speaker, we are come, it helps pay for their costly pre- March 21, which is 2 days from now. It just about there right now at the 26- scription drugs and otherwise keeps is imperative that these people know week period. them out of poverty. as soon as possible that their benefits Individuals from Northern Virginia Unfortunately, the Republican budg- will be extended or renewed. and New York City are eligible for dis- et for 2003 taps into the Social Security I must point out that unlike regular aster unemployment assistance only if trust fund every year for the next 10 unemployment, an individual is not en- they are not receiving other types of years, over $1.8 trillion through 2012. titled to 26 weeks which may be ex- unemployment assistance. We do not That is simply unacceptable in this tended to 13 weeks. The program ex- want to duplicate. This legislation ex- country. pires 26 weeks after the disaster is de- tends that period of eligibility from 26 The legislation we are considering clared, and we are extending that by 13 weeks to 39 weeks. It will help roughly today provides funding for unemploy- weeks. An individual who started, per- 2,500 Americans at a minimal cost, ment benefits for those directly af- haps because of bureaucracy, getting roughly about $2 million. fected by September 11. The budget we his assistance in November does not This bill enjoys broad bipartisan sup- will consider tomorrow also contains get anywhere near 26 weeks; it is cut port. As the gentleman from New York funding for important initiatives that back. So it differs between regular un- (Mr. NADLER) pointed out, it sailed were begun as a result of September 11. employment insurance there. through the Committee on Transpor- Our military must continue to pursue I urge the House and Senate to pass tation and Infrastructure, as well as a terrorists and prevent attacks. How- this legislation as soon as possible and voice vote in the Senate. ever, we must also prevent a raid on send it to the President for his signa- In only a few hours before its intro- the Social Security trust fund and re- ture. duction, Mr. Speaker, I was able to se- ject the Republican plan to raid the Again, I want to thank the chairman cure the support of over 20 colleagues fund once again. and the rest of the House for their sup- from New York State alone. That Even as we continue to support the port as we continue to recover from the amount of support in such a short pe- war on terrorism and those who lost devastation of September 11, both at riod of time I think is indicative of the their jobs as a result of the attacks, we home and abroad. I would also like to importance and timeliness of this leg- must also continue to support our Na- point out that the necessity for this islation. tion’s working families and seniors by

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.049 pfrm04 PsN: H19PT1 H962 CONGRESSIONAL RECORD — HOUSE March 19, 2002 protecting the Social Security surplus. very last minute. Many New Yorkers sponsibility to those Americans by ex- We need to protect seniors and working and workers would have lost their un- tending unemployment benefits and families who have worked hard and employment benefits in the next weeks ensuring economic solvency for the af- played by the rules. if we had not extended these benefits fected families. Preserve Social Security, do not raid and if we had not ended these political In the case of the World Trade Center it. Help our families that were directly games and brought this legislation to attacks, this insurance will be eligible affected by September 11. Do not make the floor. I only hope that the bill for many of the small business owners, them worry about the future. reaches the President’s desk in time so small restaurant operators, janitors Mr. COOKSEY. Mr. Speaker, I yield that there is not a lapse in benefits. and other blue collar workers who no such time as she may consume to the However, our work is not done. Now longer have jobs, or who are unable to gentlewoman from New York (Mrs. that we have extended unemployment reach their jobs in the case where the KELLY). benefits for the workers laid off as a building was destroyed, or have become Mrs. KELLY. Mr. Speaker, the un- part of the recession nationwide and the sole breadwinner for the household precedented suffering our country en- unemployment benefits for those di- because the head of the household died dured on September 11 has been met rectly affected by September 11 who or cannot work because of a disaster- with unprecedented compassion. The would not otherwise have received ben- related injury. American people have shown their true efits, we must now turn our efforts to This bill is important to the well- colors in the wake of the attacks by ensure that all laid-off workers, both in being of those most impacted by the selflessly giving their time and money New York and across the country, who September 11 terrorist attacks, and I to the victims of the attacks. People are now going without health care, get are urge my colleagues to support this from all over come to New York now. the coverage that they desperately important legislation. They come to visit, hold hands and it need. I would like to especially thank the helps us. This helps us to recover, and Health care is one of our basic neces- majority leader, the gentleman from we from New York thank you for com- sities. It is vital that we do not forget Texas (Mr. ARMEY) for the expeditious ing. Please come in great numbers and that there are workers who are facing scheduling of this important legisla- spend money. It will help us a lot. a multiple of dilemmas. Not only are tion; and I would also like to thank the Congress is continuing to show its they unemployed, but they must also gentleman from New York (Mr. QUINN) strong commitment to help those most figure out how to afford necessary for his consistent and strong leadership affected by September 11. This bill health care for their children. Seven- on behalf of our State, New York, and would extend unemployment benefits point-nine million Americans cur- for all working men and women in to those individuals who lost their jobs rently are unemployed. Because most America. as a direct result to the attacks to 39 workers depend upon employer-pro- I urge all my colleagues to support weeks after a major disaster has been vided health coverage, millions of peo- this important bill. It is timely, the declared. It is common-sense legisla- ple are likely without health care. right thing and the necessary thing to tion. It says that Congress will protect We must work to make sure that we do. American families and see them get this assistance to them now. I thank the gentleman for yielding through tough economic times brought Mr. COOKSEY. Mr. Speaker, I yield me time. on by these attacks until they can get such time as he may consume to the b 1615 back on their feet. gentleman from New York (Mr. I would like to thank the gentleman WALSH). Mr. NADLER. Mr. Speaker, I yield 2 from New York (Mr. QUINN), my fellow Mr. WALSH. Mr. Speaker, I thank minutes to the distinguished gen- New York Republican for his work on the gentleman from Louisiana (Mr. tleman from Washington (Mr. this issue; and I thank the gentleman COOKSEY) for his leadership on this MCDERMOTT). from Louisiana (Mr. COOKSEY) for al- issue and for bringing it promptly to Mr. MCDERMOTT. Mr. Speaker, it is lowing me the time. the floor. unfortunate we have to come out here It is important legislation. I urge my Mr. Speaker, I rise today in strong and put Bandaids one after another on colleagues to vote in favor of H.R. 3986. support of H.R. 3986, a bill to extend this unemployment benefit. Where the Mr. NADLER. Mr. Speaker, I yield 2 the period of availability of disaster other body has passed 26 weeks, we minutes to the gentlewoman from New unemployment assistance for those ought to do 26 weeks; but I guess we York (Mrs. MALONEY). most affected by the terrorist attacks will get a chance to do another bill. Mrs. MALONEY of New York. Mr. of September 11 and their families. The What is really missing here, though, Speaker, I am pleased that we are fi- extension would take it out a full 39 is the health care benefits if someone is nally voting on legislation that would weeks. drawing unemployment. The average in extend disaster unemployment benefits On September 11 the Nation endured this country is somewhere around two to workers who lost their jobs because a domestic assault upon American val- and a quarter a week. I am sure in New of September 11. ues and our democratic way of life be- York it is a little higher than that. Let I would like to thank particularly yond anything anyone could have pre- us say it is $300 a week. So they get my colleagues, the gentlemen from viously imagined. Thousands of inno- $1,200 a month. Now, if they had health New York (Mr. QUINN and Mr. NADLER) cent people lost their lives, thousands care benefits before, they do not have for their hard work. I especially want lost their homes, their businesses and enough out of $1,200 to go out and pay to note the efforts of the gentleman their jobs. Thousands more lost their the premiums for health insurance. So from New York (Mr. QUINN) who again families’ livelihood. The attack caused they have the double hit of no money shows how the State of New York is the loss of 110,000 jobs in New York to live on and no health care if some- pulling together in a bipartisan way to alone; another 270,000 are at risk. thing happens to them. help New York City after the terrorist Twenty percent of the downtown New Most of the working Americans in attacks. York office space has been damaged or the situation in New York that they I would also like to thank Senator destroyed. In Northern Virginia the got into were covered with insurance, CLINTON for her hard work in assisting Pentagon attack has greatly impacted and they have been able to build up lit- those workers left out of standard un- local businesses, especially those at or tle bit of equity and little bit of future employment assistance. Too many around Reagan National Airport. for themselves. All it takes is one ill- working families are still suffering be- The impacts of September 11 will ex- ness, one injury and they are wiped cause of the terrorist attacks. tend further and longer than those of out; and there is a bill here, it is Dis- While I am pleased that we are fi- any other major disaster in our his- charge Petition Number 6, that is for nally extending relief to New Yorkers tory. As such, our Nation and our gov- House Resolution 3341, which gives 75 who would otherwise not receive unem- ernment must respond to the over- percent of COBRA benefits, plus it ployment and who lost their jobs as a whelming needs of the September 11 gives additional money to States for result of the disaster, it is unfortunate victims and their families. This bill en- their Medicaid programs so that they that this legislation has come in at the sures that our government keeps its re- can cover the other 25 percent.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.051 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H963 We could cover everybody in health rarily increasing the Federal matching Over the last decade, the changes in care, but 6 months after the incident rate and protecting State Medicaid State laws, and many of those States on 9–11 we still have not done anything programs from further budget cuts. that I read, significantly reduced the on health care. Now, if we care about There must be some relief for low-in- percentage of workers who receive un- those people, it is nice to talk about come workers who lose their jobs and employment benefits. Only 43 percent unemployment benefits, and I am for their health insurance. We should not of the unemployed workers in 2001 and this bill; but where is the plan to help relegate uninsured workers and their only 40 percent of the unemployed them get covered with their health families to the low costs or no cost women workers received unemploy- care? Are we counting on Medicare in health care safety nets provided by the ment benefits. In 15 States, less than 35 New York to take care of it? I will bet local communities to provide that percent of unemployed workers re- that the New York legislature is strug- service. ceived unemployment benefits. In 10 gling with that. Safety net providers such as public States, less than 30 percent of unem- The next issue ought to be House hospitals and community health cen- ployed workers received unemploy- Resolution 3341, which is a discharge ters are already struggling to meet the ment benefits. petition. We have got 177 signatures. needs of their indigent and the unin- Why does the leadership continue to So anybody who really wants to help sured population despite the growing refuse to bring this kind of legislation New Yorkers, go sign 6. deficits faced by municipal and State to the floor to make sure that all of Mr. COOKSEY. Mr. Speaker, I re- governments. these workers who suffered as a result serve the balance of my time. By extending similar benefits to of 9–11, all of the workers who lost Mr. NADLER. Mr. Speaker, I yield 3 workers affected by the September 11 their jobs directly because of that ac- minutes to the distinguished gen- attacks, the House has again made tivity, would get the unemployment tleman from Texas (Mr. RODRIGUEZ). some progress in meeting the needs of benefits, if they are necessary to hold Mr. RODRIGUEZ. Mr. Speaker, many the unemployed workers. It is now their families together while they are workers lost their jobs as a result of time for us to act quickly and provide waiting for the economy to recover, the September 11 attacks on America. health care coverage to the unem- while they are waiting for their jobs to ployed workers and their families. Several of those workers are still job- return in many of the areas of our Mr. COOKSEY. Mr. Speaker, I re- less and continue to struggle finan- country, especially those areas im- cially. serve the balance of my time. Mr. NADLER. Mr. Speaker, how pacted by tourists and convention busi- H.R. 3986 provides a much-needed 13- much time do I have remaining? ness? We have employees that are week extension of those benefits for The SPEAKER pro tempore (Mr. working one shift a week trying to those workers who lost their jobs as a SIMPSON). The gentleman from New hold on to their jobs for when that re- result of the terrorist attacks and are York (Mr. NADLER) has 71⁄2 minutes re- covery comes because they are not eli- ineligible for traditional unemploy- maining, and the gentleman from Lou- gible for unemployment benefits. ment assistance. These workers rep- isiana (Mr. COOKSEY) has 111⁄2 minutes Mr. Speaker, this legislation is a fine resent part of the millions unemployed remaining. piece of legislation for those people in in America. Mr. NADLER. Mr. Speaker, I yield 3 New York, New Jersey, and in the Vir- Many of these laid-off workers lost minutes to the gentleman from Cali- ginia area; but it does not address the more than just steady paychecks. They fornia (Mr. GEORGE MILLER). needs of hundreds of thousands of also lost critical benefits and crucial (Mr. GEORGE MILLER of California America workers who were devastated benefits. Many have lost their family asked and was given permission to re- every bit as much as those workers on health coverage, joining the ranks of vise and extend his remarks.) 9–11. the uninsured. Mr. GEORGE MILLER of California. Today, we find that almost 98 percent Before we give more tax cuts to large Mr. Speaker, I rise in support of the of all workers in America pay into un- corporations, we should protect work- bill which directs the Federal Govern- employment insurance, but less than 40 ers and their families by extending the ment to extend unemployment benefits percent of them are covered. It is just COBRA benefits and providing some re- to workers in New York and Virginia an unacceptable fact that these people imbursement for premium payments. who would otherwise fail to qualify for will be denied the benefit of the money A few months ago, even the Bush ad- unemployment benefits under State they pay into. The Federal Govern- ministration had proposed that an in- law. ment ought to step in and have a uni- come stimulus package should include It is a fine idea, and it is a good bill, form unemployment system for all some type of subsidy to help unem- as far as it goes; but it does not go Americans. ployed workers to be able to afford to nearly far enough to address the real Mr. COOKSEY. Mr. Speaker, I re- purchase COBRA coverage. This a step economic pain of millions of American serve the balance of my time. in the right direction. However, for families in other States who are being Mr. NADLER. Mr. Speaker, how many of the workers eligible for unfairly denied unemployment bene- much time do I have remaining? COBRA coverage when they are laid fits. These workers in many of these The SPEAKER pro tempore. The gen- off, the high cost of coverage acts as a instances lost their jobs just as di- tleman from New York (Mr. NADLER) powerful barrier, making it difficult to rectly by the attack on 9–11 as the peo- has 5 minutes remaining. The gen- purchase even with Federal and State ple in New York or Virginia. The peo- tleman from Louisiana (Mr. COOKSEY) subsidies, and a tax credit will not ple in San Francisco and Las Vegas and has 111⁄2 minutes remaining. serve as a panacea for assisting work- New Orleans, or Orlando, L.A., Dallas Mr. NADLER. Mr. Speaker, I yield 3 ers with COBRA coverage. or Miami, they lost their jobs almost minutes to the distinguished gentle- Therefore, we should also consider immediately, matter of hours, matter woman from California (Ms. WATERS). other options for the majority of work- of days in the hotel and restaurants, Ms. WATERS. Mr. Speaker, I rise ers who do not have access to COBRA resorts, convention centers, and rental today in support of H.R. 3986, which ex- coverage because their incomes are too car agencies; but most of these people tends disaster unemployment assist- low. The average cost of group insur- are not eligible for unemployment. So ance; and I commend my colleagues ance for family coverage is now ap- even though they lost their jobs, from New York for the hard work that proximately $7,000 a year. This is ex- through no fault of their own, even they are putting in to try and make ceptionally high premiums for unem- though they lost their jobs as a result sure that people who have been victims ployed workers to afford. of the terrorist activity, they are not of 9–11 are at least afforded some kind One temporary option is for States to getting unemployment. of relief. provide coverage through their Med- Historically, unemployment benefits The disaster of September 11 de- icaid programs to allow low-income have covered more than half of all un- mands that we focus on the needs of workers to be able to afford access to employed workers. Coverage rates dur- the many, many victims of that at- health care coverage. Democrats have ing past recessions have approached 70 tack. However, life is going to be proposed helping States meet the in- percent, but that is not the case in the tougher not only for the victims of 9–11 crease in Medicaid costs by tempo- current situation. but for most Americans because, as I

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.064 pfrm04 PsN: H19PT1 H964 CONGRESSIONAL RECORD — HOUSE March 19, 2002 review what we are doing right here in unanimously about 3 weeks ago did, all the cracks of our regular unemployment insur- the Congress of the United States, I am of those bills said a 26-week extension. ance programs. Since the program is available disappointed with the budget resolu- Unfortunately, this bill only says 13- only in the wake of such terrible disasters as tion that the Republicans have voted week extension. Unfortunately, this we experienced on September 11, the help out of committee. also means that the Senate is going to that it provides is especially vital in helping This budget resolution is a $2.1 tril- have to take time presumably next families get back on their feet. lion resolution that claims to be able week or later this week to change its The Stafford Act originally provided for up to to fund an extended and expanded war bill to match our 13 weeks before it 52 weeks of disaster unemployment assist- and to also fund the domestic needs, goes to the President, and there will be ance, but during the Reagan Administration, the unemployment needs, the health at least a week interruption in benefits the FEMA programs were subject to many needs, and the education needs of this because we delayed in doing our job in budgets cuts and disaster unemployment as- country despite the fact that we have getting this bill to the floor. sistance was reduced to 26 weeks. Many passed out a $1.7 trillion tax cut for the As I said before, we are not talking Members of Congress opposed these cuts at 2002 budget that benefits the wealthiest here about 39 weeks of benefits for indi- the time. corporations and individuals in the viduals, but of 39 weeks of eligibility Last December, after months of work by for the program from the date the dis- country, and in addition to that, an- Senator CLINTON and Senator SCHUMER, the other $40 billion in tax cuts that was aster was declared. Most people did not other body passed a bill, S. 1622, to extend recently passed in the so-called eco- start getting DUA right away. It took the disaster unemployment assistance period nomic stimulus legislation. the bureaucracy some time. They from 26 weeks to 52 weeks. The Gentleman Because of the policies of this admin- started getting it in November or De- from New York, Mr. NADLER, had already intro- istration, we have reduced our surplus cember, which means they are getting duced a companion House bill and he made by $4 trillion, and we are now faced it for less than 26 weeks and with this every effort to have the House consider S. with dipping into Social Security, $1.8 bill for less than 39 weeks. 1622 on the final day of the First Session of trillion over the next 10 years. Despite We will probably have to, in light of the 107th Congress. Regrettably, the House voting five times for the Social Secu- how difficult it is for some people who Leadership did not clear the bill for consider- rity lock box, today we are breaking were thrown out of work specifically ation before we adjourned. that promise and raiding Social Secu- by the attack on our country, we will The Gentleman from New York has contin- rity. probably have to be back here extend- ued to actively work the issue almost everyday It is indeed important that we ad- ing it for another 13 weeks later. since the Other Body passed the bill. He dress the needs of those who lost their I am appreciative of the work espe- shepherded the Senate bill through our Com- jobs. However, what about the future? cially of the gentleman from New York mittee, and with the strong support of Chair- What about the retirement of Ameri- (Mr. QUINN) and the gentleman from In- man YOUNG, Subcommittee Chairman cans who expect Social Security bene- diana (Mr. HOSTETTLER) and of others LATOURETTE, and Subcommittee Democratic fits to be there for them when they re- and of the gentleman from Alaska (Mr. Ranking Member COSTELLO, we reported that tire? YOUNG) and the gentleman from Min- bill unanimously, in an effort to speed the bill I want my colleagues to know that nesota (Mr. OBERSTAR), who helped get the Republicans are breaking the this bill to the floor; and I am hopeful to the President’s desk and avoid causing the promise of protecting Social Security. that we will pass this bill today so that disaster victims to suffer a lapse in benefits. I mentioned that we have voted five the interruption in benefits for the peo- Although I wish we were simply sending the times for the Social Security lock box. ple in New York and in Virginia who Senate-passed bill, S. 1622, to the President, We cannot escape the fact that, yes, we were victimized by the attack directly it is imperative that we move this new bill, can do some Bandaid and temporary will be as short as possible, and I ex- H.R. 3986, forward today, even though it only protections. For those in New York and tend my appreciation to all of them. extends the benefits by 13 weeks. Unfortu- others where we extend unemployment And I urge approval of this bill. nately, time is of the essence now. It has been benefits, we come up with some addi- Mr. Speaker, I yield back the balance three months since the Other Body acted and tional support for disaster unemploy- of my time. the benefits for disaster unemployment insur- ment assistance, but the fact of the Mr. OBERSTAR. Mr. Speaker, I rise in ance are now running out. The disaster unem- matter is this: we are doing nothing to strong support of H.R. 3986, a bill to extend ployment insurance benefits for victims of the protect the future for these workers. the period of availability of disaster unemploy- World Trade Center attack ended last Sunday, We are doing nothing to protect So- ment assistance under the Robert T. Stafford March 17. Similarly, the benefits for victims of cial Security. Social Security is now at Disaster Relief and Emergency Assistance Act the Pentagon will end on March 21. risk. It is at risk because this adminis- in the case of victims of the terrorist attacks of There are so many tragic stories that could tration has done away and is doing September 11, 2001. The bill extends the un- be told to help illustrate why this extension of away with the budget surplus that had employment assistance period from 26 weeks disaster unemployment assistance is so crit- been built up under the past adminis- to 39 weeks. ical at this time. For example, Mr. John Ortiz tration; and because of that, whatever The Disaster Unemployment Assistance worked at the Marriott Hotel at the World we do today is very temporary and (DUA) program provides unemployment bene- Trade Center. He is not eligible for regular un- these very same workers will be faced fits to individuals who have become unem- employment assistance and he has been re- with a bleak future because we are dip- ployed because of a Presidentially declared ceiving disaster unemployment assistance ping into Social Security. disaster. The Department of Labor has been since mid-October. He has also been helped Americans must be concerned about delegated the authority to administer the pro- by two charities, Safe Horizon and the Red the fact that now our Social Security gram for which the Federal Emergency Man- Cross, with the money covering needed ex- benefits for the future are at stake. agement Agency (FEMA) is responsible under penses such as rent. He has looked for other Mr. COOKSEY. Mr. Speaker, I re- Section 410 of the Disaster Assistance Act. work within the hotel industry, but has not serve the balance of my time. It is important to note that DUA will not be been able to find a new job. The hotel industry Mr. NADLER. Mr. Speaker, I yield paid to someone who receives regular unem- has been so dramatically affected by the myself the remaining time. ployment compensation or private income pro- events of September 11, that there are very I am glad here we are finally today, tection insurance compensation unless that few available jobs, if any at all. Mr. Ortiz feels two days after the benefits ran out in person’s other program eligibility expires and lucky that he does not have children to sup- New York, two days before they run weeks of unemployment continue in the dis- port, but says there are many, many families out in Virginia. Unfortunately, this aster assistance period. DUA will then be paid who do have children and are in desperate bill is not as the bill Senator CLINTON to those individuals at the same weekly benefit need of help. He is but one of the approxi- originally passed in the Senate, as the rate that they were receiving under the other mately 2,500 people who will benefit from this bill that almost passed here by unani- compensation program. These requirements legislation. All of these people are trying their mous consent last December but ar- ensure that there is no duplication of benefits. best to help themselves by searching each rived a few minutes too late from the Extending the DUA program is particularly day to find a job, develop new skills, find as- Senate, and as the bill that I sponsored important because it covers the self-employed, sistance from charitable programs, pay their that was reported out of the committee low-wage earners, and those who fall between rent, and simply survive.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\CR\FM\K19MR7.067 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H965 I commend the gentleman from New York, becomes re-employed. The Department of the public schools of Belt, Montana, be- Mr. QUINN, for recrafting this legislation to en- Labor has been delegated the authority to ad- fore enrolling at Montana State Uni- sure its House passage. I also thank Mr. NAD- minister the program, for which FEMA is re- versity where he earned both his Bach- LER for his efforts—he is a champion for all of sponsible. In fact, the Stafford Act originally elor’s degree and his law degree. Judge the victims of September 11th, and I com- provided for 52 weeks of benefits—this legisla- Browning graduated at the top of his mend him for his stalwart dedication. I am tion would simply restore unemployment bene- law school class in 1941 while also serv- hopeful that the Other Body will be able to fits to that level. ing as the editor-in-chief of the Law quickly consider this legislation and clear it for The expansion of these benefits would help Review. the President’s consideration. the more than 2,200 workers who lost their After law school, Judge Browning Mr. Speaker, these victims of the Sep- jobs as a direct result of the attacks on Sep- worked for 2 years with the Depart- tember 11th terrorist attacks have struggled tember 11th but don’t qualify for regular unem- ment of Justice’s Antitrust Division enough; as Americans, we must help them in ployment assistance. Many of these individ- before enlisting in the Army in 1943. their time of need. uals are in low wage jobs and are among the Judge Browning served with military I urge all Members to support H.R. 3986. neediest of assistance, especially given our intelligence in the Army, rising from Mr. GILMAN. Mr. Speaker, I rise in strong current economy. They need this extension to private to first lieutenant and earning support of H.R. 3986, a bill to extend unem- help them move forward again after experi- a Bronze Star in the process. ployment assistance administered by the Fed- encing the worst terrorist event in our nation’s After the war, Judge Browning again eral Emergency Management Agency for history. worked as an attorney with the Depart- qualifying individuals who lost their jobs as a Mr. Speaker, this is good legislation, and ment of Justice, serving in various po- direct result of the September 11th terrorist at- urge my colleagues to join me in supporting it. sitions for 6 years before leaving gov- ernment service for private practice. tacks. b 1630 While the heroic clean-up and recovery ef- After 5 years in private practice, Judge forts continue unabated, the unprecedented Mr. COOKSEY. Mr. Speaker, I yield Browning returned to government serv- devastation caused by the attacks is still stark- back the balance of my time. ice as a clerk of the United States Su- ly evident today in lower Manhattan and at the The SPEAKER pro tempore (Mr. preme Court, a position he held until Pentagon. The attacks destroyed twenty per- SIMPSON). The question is on the mo- named to the Federal bench in 1961 by cent of downtown New York City’s office tion offered by the gentleman from President Kennedy. space and led directly to the loss of over Louisiana (Mr. COOKSEY) that the Judge Browning served for nearly 40 100,000 jobs. House suspend the rules and pass the years on the Ninth Circuit Court of Ap- In Virginia, the three week shut down of bill, H.R. 3986. peals. He participated in over 1,000 pub- The question was taken; and (two- Reagan National Airport led to the loss of lished appellate decisions and was the thirds having voted in favor thereof) nearly 20,000 jobs. Under current Federal law, author of many per curiam opinions. the rules were suspended and the bill individuals who lost their jobs as a direct result For 12 years, Judge Browning also was passed. of terrorism are able to receive 26 weeks of served as the Chief Judge of the Ninth A motion to reconsider was laid on unemployment assistance through FEMA. Circuit. During his tenure, he oversaw the table. However, many of these individuals are still the implementation of numerous re- struggling to find work while facing the pros- f forms that increased the efficiency of pect of the termination of this assistance. JAMES R. BROWNING UNITED the circuit’s operation and which Accordingly, this important and timely legis- STATES COURTHOUSE eliminated a large backlog of pending cases. Many of these reforms were later lation will extend the assistance for an addi- Mr. COOKSEY. Mr. Speaker, I move tional 13 weeks. As we continue our collective adopted by other circuit courts. to suspend the rules and pass the bill This naming is a fitting tribute to a efforts to rebuild our Nation’s economy, let us (H.R. 2804) to designate the United dedicated public servant. I support the also ensure that those men and women who States courthouse located at 95 Sev- legislation and I encourage my col- were directly affected by the attacks are not enth Street in San Francisco, Cali- leagues to do the same. forgotten. As a co-sponsor of this legislation fornia, as the ‘‘James R. Browning Mr. Speaker, I reserve the balance of and as a proud New Yorker, I urge my col- United States Courthouse.’’ my time. leagues to support this measure. The Clerk read as follows: Mr. NADLER. Mr. Speaker, I yield Mr. COSTELLO. Mr. Speaker, I am pleased H.R. 2804 myself such time as I may consume. that this much-needed bill has been scheduled Be it enacted by the Senate and House of Rep- (Mr. NADLER asked and was given for consideration in an effort to pass it before resentatives of the United States of America in permission to revise and extend his re- the benefits lapse. I would like to thank Chair- Congress assembled, marks.) man DON YOUNG, Ranking Democratic Mem- SECTION 1. DESIGNATION. Mr. NADLER. Mr. Speaker, H.R. 2804, ber OBERSTAR and the Subcommittee Chair- The United States courthouse located at 95 introduced by the gentlewoman from man STEVEN LATOURETTE for speeding this bill Seventh Street in San Francisco, California, California (Ms. PELOSI), is a bill to des- through our Committee. I would also like to shall be known and designated as the ‘‘James ignate the United States Courthouse commend Mr. NADLER for his diligence on this R. Browning United States Courthouse’’. located at 95 Seventh Street in San issue and his longstanding commitment to the SEC. 2. REFERENCES. Francisco in honor of Judge James R. victims of the tragedy on September 11th and Any reference in a law, map, regulation, document, paper, or other record of the Browning. in particular to the people of New York. United States to the United States court- Since President Kennedy appointed Mr. Speaker, although I support this legisla- house referred to in section 1 shall be deemed him to the Federal bench in 1961, Judge tion, I do wish that we were able to pass the to be a reference to the ‘‘James R. Browning Browning has served the public for over original bill that passed the other body in De- United States Courthouse’’. 40 years. In 1976, Judge Browning be- cember and through the Transportation and The SPEAKER pro tempore. Pursu- came the Chief Judge for the Ninth Cir- Infrastructure Committee in February. It was ant to the rule, the gentleman from cuit, the largest court in the country, important to pass the legislation before the Louisiana (Mr. COOKSEY) and the gen- and he served in that capacity for 12 benefits lapse and I am hopeful that this bill tleman from New York (Mr. NADLER) years. He is a prolific writer and work- will be enacted soon. each will control 20 minutes. er, publishing over 1,000 appellate deci- I support H.R. 3986, which extends unem- The Chair recognizes the gentleman sions and authoring many other per cu- ployment assistance under the Stafford Act. from Louisiana (Mr. COOKSEY). riam opinions. This bill extends the period that victims of the Mr. COOKSEY. Mr. Speaker, I yield He is richly deserving of having this terrorist attacks of September 11th would be myself such time as I may consume. courthouse named after him, and I eligible for unemployment benefits to 39 Mr. Speaker, H.R. 2804 designates the want to thank the gentlewoman from weeks. Currently, the Disaster Unemployment United States Courthouse located at 95 California (Ms. PELOSI) and the other Assistance (DUA) benefit period begins with Seventh Street in San Francisco, Cali- Members of the delegation from Cali- the week following the disaster incident or fornia, as the James R. Browning fornia for introducing this bill. date thereafter that individual became unem- United States Courthouse. Mr. Speaker, I include for the ployed and can extend up to 26 weeks after Judge Browning was born in Great RECORD a letter in support of this legis- the date of declaration or until the individual Falls, Montana, in 1918. He attended lation from William C. Canby, Jr., a

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.030 pfrm04 PsN: H19PT1 H966 CONGRESSIONAL RECORD — HOUSE March 19, 2002 United States Circuit Judge in Phoe- and Infrastructure, the gentleman from diately undertook innovative steps to nix, Arizona. Alaska (Mr. YOUNG), and the ranking improve the functioning of the Ninth U.S. COURTHOUSE, member, the gentleman from Min- Circuit. He convinced Congress to add Phoenix, AZ, September 6, 2001. nesota (Mr. JIM OBERSTAR), for their ef- new judges to the court of appeals. He Re H.R. 2804: The James R. Browning United forts to bring this bill before the instituted new methods of case proc- States Courthouse. House. It would not have been possible essing in order to manage the increased Hon. JAMES L. OBERSTAR, without them. I am also pleased to case loads. He established a bank- U.S. House of Representatives, Committee on note this bill is strongly supported by ruptcy appellate panel to hear bank- Transportation and Infrastructure, Ray- burn House Office Building, Washington, a bipartisan group of Members from ruptcy appeals for the entire court. He DC. throughout the Ninth Circuit’s area of revamped communication among the DEAR REPRESENTATIVE OBERSTAR: This let- jurisdiction. The bill’s cosponsors and justices. ter is in support of H.R. 2804, a bill to des- other supporters are still returning And his innovations worked. The re- ignate the headquarters of our court, the from the West Coast and are unable to structuring he instituted paid rich United States Courthouse at 95 Seventh join us, as they would like to, on the dividends, including the elimination of Street in San Francisco, as the ‘‘James R. the court’s backlog and a reduction by Browning United States Courthouse.’’ floor today. Jim Browning has served our court Again, Mr. Speaker, I want to thank half in the time needed to decide ap- magnificiently for the last forty years. For the gentleman from Louisiana (Mr. peals. His reforms have been examined twenty-one of those years, I have been privi- COOKSEY) and the gentleman from New and repeated throughout the Nation. leged to be one of his colleagues. Jim Brown- York (Mr. NADLER) for their very ap- Mr. Speaker, on behalf of, as I say, so ing was Chief Judge for my first several propriate and generous remarks. And I many of my colleagues who are trav- years on this court, and he exemplified, as he also want to commend Judge Brown- eling now from the West and cannot be still does, exactly what a great judge should ing’s former law clerks, led by Michael here, I am pleased to request of our col- be. He is judicious, impartial, tolerant and, perhaps above all, so infused with good will Rubin, who championed the idea of leagues that they vote ‘‘yes’’ in support toward his fellow men and women that he naming this historic courthouse after of naming this building. It has been imparts a considerable degree of that quality this extraordinary judge. said that ‘‘Justice deferred is justice to all who come in contact with him. Every- James Browning was born in Great denied.’’ I ask my colleagues today to one across the entire spectrum of our courts Falls, Montana, and received his under- honor a man whose innovations have respects Jim Browning. Our courthouse graduate and law degrees from the Uni- helped ensure that ‘‘Justice comes in could not have a more fitting name! versity of Montana. After graduation, time.’’ I understand that some celebrations of Jim Browning’s tenure will be coming up in the he joined the Antitrust Division of the James R. Browning has been an ex- near future; it would be wonderful if H.R. Department of Justice where he ceptionally able and dedicated public 2804 were law by that time, so that the worked for 2 years before being in- servant. He is a wonderful person. I events could be combined with a dedication. ducted to the U.S. Army infantry as a urge my colleagues to honor him today We would all be most grateful if you would private. Serving 3 years in the Pacific by voting for H.R. 2804, to designate support the prompt passage of H.R. 2804. theatre in military intelligence, he at- the Federal Courthouse at 7th and Mis- Respectfully, tained the rank of first lieutenant and sion Streets in San Francisco, by the WILLIAM C. CANBY, JR., U.S. Circuit Judge. was awarded the Bronze Star. way a building that was restored after After his military service, Judge the earthquake to a beautiful, beau- Mr. Speaker, I reserve the balance of Browning returned to the Justice De- tiful state, and I invite all my col- my time. Mr. COOKSEY. Mr. Speaker, I re- partment, serving in several positions leagues to visit, hopefully, the James serve the balance of my time. in the Antitrust Division before becom- R. Browning United States Courthouse. Mr. NADLER. Mr. Speaker, I yield ing Executive Assistant to the Attor- Mr. OBERSTAR. Mr. Speaker, H.R. 2804 is such time as she may consume to the ney General. In 1953, he left govern- a bill to designate the courthouse located at gentlewoman from California (Ms. ment service for a successful career in 95 Seventh Street in San Francisco, Cali- PELOSI). private practice, during which he lec- fornia, as the ‘‘James R. Browning United Ms. PELOSI. Mr. Speaker, I thank tured at the law schools of New York States Courthouse’’. I commend our col- my colleague, the gentleman from New University and Georgetown University. league, Congresswoman PELOSI, for her dili- York (Mr. NADLER), for yielding me His desire to be in public service was gence and hard work in bringing this bill this time and for his lovely statement strong, however, and he left private through the Committee. I also thank Sub- on behalf of Judge Browning. I also practice after 5 years to become the committee Chairman LATOURETTE, Ranking want to commend my colleague, the Clerk of the U.S. Supreme Court. What Member COSTELLO, and Committee Chairman gentleman from Louisiana (Mr. a high honor. As has been mentioned, YOUNG for working with me to ensure that the COOKSEY), for his kind words as well. in 1961, President John F. Kennedy ap- bill received expeditious consideration. Mr. Speaker, I wish that every Mem- pointed James Browning as a Circuit Judge Browning is a tireless and effective ber of this House could meet Judge Judge of the U.S. Court of Appeals for advocate for the Ninth Circuit, where he Browning. They would then know why the Ninth Circuit, over 40 years ago. served as a U.S. District Court Judge for near- we feel so privileged to be naming this The Ninth Circuit includes all of the ly 40 years. In 1976, the year Judge Browning courthouse for him and the joy we feel Federal courts in California, Oregon, became the circuit’s Chief Judge, there was in paying tribute to his excellent serv- Washington, Arizona, Montana, Idaho, no guarantee of a speedy disposition of litiga- ice to our country. Nevada, Alaska, Hawaii, Guam and the tion. Substantial delays were commonplace, I rise in support of H.R. 2804, which Northern Mariana Islands. His exem- and the volume of cases far exceeded the ca- designates, as has been mentioned, the plary tenure as a circuit judge was pacity of the courts. Judge Browning con- U.S. Courthouse located at 95 Seventh marked by his extensive involvement vinced Congress and advocacy groups that re- Street in San Francisco as the James in the Judicial Conference of the ducing the size of the Ninth Circuit was not R. Browning United States Courthouse. United States. He examined issues of the answer. He then undertook a series of ad- Judge Browning has been an out- judicial conduct, court administration, ministrative reforms to ensure the prompt, ef- standing jurist and a brilliant adminis- and the organization of the Ninth Cir- fective administration of justice, and other cir- trator for the Ninth Circuit Court for cuit. cuits subsequently adopted many of these the past 40 years. By crafting creative I take this time, Mr. Speaker, be- ideas. This bill honors his dedication to pubic solutions to a large case backlog and a cause so many of our colleagues cannot service and his innovative reshaping of the slow appeals process, Judge Browning be here and wanted to have so much of procedures in the largest and busiest circuit in has improved our judicial system both Judge Browning’s record on the record. the country. in the Ninth Circuit, and everywhere Judge Browning became Chief Judge Judge Browning introduced new methods of his reforms have been emulated. I urge of the Ninth Circuit in 1976. At that case processing and control. He established my colleagues to honor him today for time, the appeals court in particular an executive committee to facilitate his lifetime of service. faced a large backlog of cases, and sub- administative decisions, and the Bankruptcy I would like to thank the chairman stantial delays in deciding appeals Appellate Panel to hear bankruptcy appeals. of the Committee on Transportation were common. Judge Browning imme- He reduced the size of the Judicial Council

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\K19MR7.070 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H967 and thus made decision-making more effec- ciety, and the parliamentary elections on speech in the campaign period by giving too tive. He also decentralized the procurement March 31, 2002, its third parliamentary elec- many discretionary powers to government and budgeting systems, and was instrumental tions since becoming independent more than bodies, and posed a serious threat to the 10 years ago, will play a significant role in independent media; in establishing the Western Justice Center demonstrating whether Ukraine continues to Whereas the Department of State has dedi- Foundation, a non-profit organization dedi- proceed on the path to democracy or experi- cated $4,700,000 in support of monitoring and cated to improving the legal system by en- ences setbacks in its democratic develop- assistance programs for the 2002 parliamen- couraging collaborative work and research. ment; tary elections; Judge Browning is a native of Montana, and Whereas the Government of Ukraine can Whereas the process for the 2002 parliamen- a decorated veteran of World War II. Prior to demonstrate its commitment to democracy tary elections has reportedly been affected joining the Federal Court in 1961, he worked by conducting a genuinely free and fair par- by violations by many parties during the pe- liamentary election process, in which all at the U.S. Department of Justice and served riod prior to the official start of the election candidates have access to news outlets in the campaign on January 1, 2002; and as a law clerk at the Supreme Court. Judge print, radio, television, and Internet media, Whereas monthly reports for November Browning is known for his collegiality, cour- and nationally televised debates are held, and December of 2001 released by the Com- tesy, and support and mentoring of younger thus enabling the various political parties mittee on Voters of Ukraine (CVU), an indig- judges and court employees. He is a beloved and election blocs to compete on a level enous, nonpartisan, nongovernment organi- member of the Ninth Circuit. playing field and the voters to acquire objec- zation that was established in 1994 to mon- It is fitting and proper to honor Judge tive information about the candidates; itor the conduct of national election cam- Whereas a flawed election process, which paigns and balloting in Ukraine, cited five Browning’s distinguished career with this des- contravenes commitments of the Organiza- ignation. I urge all of my colleagues to join me major types of violations of political rights tion for Security and Cooperation in Europe and freedoms during the precampaign phase in supporting H.R. 2804. (OSCE) on democracy and the conduct of of the parliamentary elections, including— Mr. COOKSEY. Mr. Speaker, I re- elections, could potentially slow Ukraine’s (1) use of government position to support serve the balance of my time. efforts to integrate into Western institu- particular political groups; Mr. NADLER. Mr. Speaker, I have no tions; (2) government pressure on the opposition further requests for time, and I yield Whereas in recent years, incidents of gov- and on the independent media; back the balance of my time. ernment corruption and harassment of the (3) free goods and services given by many media have raised concerns about the com- Mr. COOKSEY. Mr. Speaker, I yield political groups in order to sway voters; mitment of the Government of Ukraine to (4) coercion to join political parties and back the balance of my time. democracy, human rights, and the rule of The SPEAKER pro tempore. The pressure to contribute to election cam- law; paigns; and question is on the motion offered by Whereas Ukraine, since its independence in (5) distribution of anonymous and compro- the gentleman from Louisiana (Mr. 1991, has been one of the largest recipients of mising information about political oppo- COOKSEY) that the House suspend the United States foreign assistance; nents: Whereas $154,000,000 in technical assistance rules and pass the bill, H.R. 2804. Now, therefore, be it to Ukraine was provided under Public Law The question was taken. 107–115 (the Kenneth M. Ludden Foreign Op- Resolved, That the House of The SPEAKER pro tempore. In the erations, Export Financing, and Related Pro- Representatives— opinion of the Chair, two-thirds of grams Appropriations Act, Fiscal Year 2002), (1) acknowledges the strong relationship those present have voted in the affirm- a $16,000,000 reduction in funding from the between the United States and Ukraine since ative. previous fiscal year due to concerns about Ukraine’s independence more than 10 years Mr. COOKSEY. Mr. Speaker, on that continuing setbacks to needed reform and ago, while understanding that Ukraine can only become a full partner in Western insti- I demand the yeas and nays. the unresolved deaths of prominent dis- sidents and journalists, such as the case of tutions when it fully embraces democratic The yeas and nays were ordered. Heorhiy Gongadze; principles; The SPEAKER pro tempore. Pursu- Whereas Public Law 107–115 requires a re- (2) expresses its support for the efforts of ant to clause 8 of rule XX and the port by the Department of State on the the Ukrainian people to promote democracy, Chair’s prior announcement, further progress by the Government of Ukraine in the rule of law, and respect for human rights proceedings on this motion will be investigating and bringing to justice individ- in Ukraine; postponed. uals responsible for the murders of Ukrain- (3) urges the Government of Ukraine to en- ian journalists; force impartially its newly adopted election f Whereas the Presidential election of 1999, law, including provisions calling for— according to the final report of the Office of (A) the transparency of election proce- GENERAL LEAVE Democratic Institutions and Human Rights dures; Mr. COOKSEY. Mr. Speaker, I ask (ODIHR) of OSCE on that election, failed to (B) access for international election ob- unanimous consent that all Members meet a significant number of OSCE election- servers; may have 5 legislative days within related commitments; (C) multiparty representation on election which to revise and extend their re- Whereas according to the ODIHR report, commissions; during the 1999 Presidential election cam- (D) equal access to the media for all elec- marks and to include extraneous mate- paign, a heavy proincumbent bias was preva- tion participants; rial on H.R. 3986 and H.R. 2804, the lent among the state-owned media outlets, (E) an appeals process for electoral com- measures just under consideration. and members of the media viewed as not in missions and within the court system; and The SPEAKER pro tempore. Is there support of the President were subject to har- (F) administrative penalties for election objection to the request of the gen- assment by government authorities, while violations; tleman from Louisiana? proincumbent campaigning by state admin- (4) urges the Government of Ukraine to There was no objection. istration and public officials was widespread meet its commitments on democratic elec- and systematic; tions, as delineated in the 1990 Copenhagen f Whereas the Law on Elections of People’s Document of the Organization for Security Deputies of Ukraine, signed by President and Cooperation in Europe (OSCE), with re- URGING GOVERNMENT OF Leonid Kuchma on October 30, 2001, which spect to the campaign period and election UKRAINE TO ENSURE A DEMO- was cited in a report of the ODIHR dated No- day, and to address issues identified by the CRATIC, TRANSPARENT, AND vember 26, 2001, as making improvements in Office of Democratic Institutions and Human FAIR ELECTION PROCESS Ukraine’s electoral code and providing safe- Rights (ODIHR) of OSCE in its final report Mr. SMITH of New Jersey. Mr. guards to meet Ukraine’s commitments on on the 1999 Presidential election, such as democratic elections, does not include a role state interference in the campaign and pres- Speaker, I move to suspend the rules for domestic nongovernmental organizations sure on the media; and and agree to the resolution (H. Res. to monitor elections; (5) calls upon the Government of Ukraine 339) urging the Government of Ukraine Whereas according to international media to allow election monitors from the ODIHR, to ensure a democratic, transparent, experts, the Law on Elections defines the other participating states of OSCE, and pri- and fair election process leading up to conduct of an election campaign in an impre- vate institutions and organizations, both for- the March 31, 2002, parliamentary elec- cise manner which could lead to arbitrary eign and domestic, access to all aspects of tions, as amended. sanctions against media operating in the parliamentary election process according The Clerk read as follows: Ukraine; to international practices, including— Whereas the Ukrainian Parliament (A) access to political events attended by H. RES. 339 (Verkhovna Rada) on December 13, 2001, re- the public during the campaign period; Whereas Ukraine stands at a critical point jected a draft Law on Political Advertising (B) access to observe voting and counting in its development to a fully democratic so- and Agitation, which would have limited free procedures at polling stations and electoral

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.022 pfrm04 PsN: H19PT1 H968 CONGRESSIONAL RECORD — HOUSE March 19, 2002 commission meetings on election day, in- path towards transition. The pace of lidifying Ukraine’s democratic creden- cluding procedures to release election results that transition has been distressing, tials and the confidence of its citizens on a district-by-district basis as they become slowed by insufficient progress in re- and in its stated desire to integrate available; and spect for the rule of law, especially by with the West. (C) access to observe postelection tabula- tion of results and processing of election the presence of widespread corruption, During his visit to Ukraine last challenges and complaints. which continues to exact a consider- week, the President of the OSCE Par- The SPEAKER pro tempore. Pursu- able toll on the Ukrainian people. They liamentary Assembly, Adrian Severin, ant to the rule, the gentleman from deserve better, Mr. Speaker, than what expressed concern over the mistrust in the election process among certain New Jersey (Mr. SMITH) and the gen- they have gotten. tleman from Pennsylvania (Mr. Another source of frustration is the candidates as well as a general skep- ticism as to whether or not the elec- HOEFFEL) each will control 20 minutes. still-unresolved case of murdered in- The Chair recognizes the gentleman vestigative journalist, Heorhiy tions would be truly free and fair, and from New Jersey (Mr. SMITH). Gongadze. And let me say one thing encouraged Ukrainian officials to take Mr. SMITH of New Jersey. Mr. about him, as well as his widow. Last quick measures to ensure that it is a Speaker, I yield myself such time as I year, at the OSCE parliamentary as- free and fair election and that the out- may consume, and at the outset, I sembly which I led, to Paris, my col- come is credible. would like to recognize some exem- leagues will remember that we honored Mr. Speaker, I ask that the summary plary students from Hamilton High him posthumously for his great work of the most recent Long Term Observa- School West and Vicki Schoeb, their and because he paid the ultimate price tion Report on the Ukrainian elections dedicated teacher, and thank them for for his convictions—death. prepared by the nonpartisan Com- being here to observe the workings of The flawed investigations of this case mittee of Voters of Ukraine, be sub- the Hill, especially the proceedings of and the case of another murdered mitted for the RECORD. the House. They are very much wel- Ukrainian journalist, Ihor Mr. Speaker, I reserve the balance of comed to this Chamber. Aleksandrov, call into question my time. Mr. Speaker, today the House moves Ukraine’s commitment to the rule of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE to the timely consideration of H. Res. law. And I can assure you, Mr. Speak- The SPEAKER pro tempore (Mr. 339, which urges the Government of the er, that going on into the next weeks SIMPSON). The Chair must remind the Ukraine to ensure a democratic, trans- and months the Helsinki Commission Member that the rules do not permit parent, and fair election process lead- will continue its vigilance. We plan on references to or introductions of per- ing up to the March 31 parliamentary holding hearings to look into this even sons in the galleries. elections. I would like to thank our further, hopefully keeping pressure on Mr. HOEFFEL. Mr. Speaker, I yield majority leader, the gentleman from the Ukrainian Government simply to myself such time as I may consume. Texas, (Mr. ARMEY), for his commit- do the right thing. Mr. Speaker, I rise in strong support ment to schedule this timely and im- There have also been a number of dis- of H. Res. 339 and compliment the gen- portant resolution this week so that it turbing cases of violence and threats of tleman from New Jersey (Mr. SMITH) happens before and so that, hopefully, violence. For example, 78-year-old for his cosponsorship of this important it will have some impact on the pro- Iryna Senyk, a former political pris- resolution, for his passionate state- ceedings. oner and poetess, who was campaigning ment on the floor today, and for his I was pleased to be one of the original for the pro-reform party, our Ukraine work behind the scenes to get this res- sponsors of this resolution which ac- bloc, was badly beaten by unknown as- olution on the floor today. It was not knowledges the strong relationship be- sailants. easy to do. We were running short on tween the United States and Ukraine, time. This is the last week of our ses- b 1645 urges the Ukrainian Government to en- sion before the Ukrainian parliamen- force impartially its new election law, Such unchecked violence has created tary elections on March 31, and the and urges the Ukrainian Government an uncertain atmosphere. gentleman from New Jersey (Mr. to meet its OSCE committments on Most of independent Ukraine’s elec- SMITH) worked with dispatch and effec- democratic elections. I strongly en- tions have met international demo- tiveness behind the scenes. I am sure courage my colleagues to support this cratic standards for elections. The 1999 that the freedom-loving people of measure. presidential elections were more prob- Ukraine are glad that the gentleman Mr. Speaker, the Helsinki Commis- lematic, and the OSCE Election Mis- did, as well. sion, which I chair, has a long-standing sion Report on these elections asserted Mr. Speaker, I also want to thank record of support for human rights and that they ‘‘failed to meet a significant the gentleman from Illinois (Mr. HYDE) democratic development in Ukraine. number of the OSCE election-related of the Committee on International Re- Commission staff will be observing the commitments.’’ lations and subcommittee chair, the upcoming elections, as they have done Mr. Speaker, it remains an open gentleman from California (Mr. for virtually every election in Ukraine question as to whether the March 31 GALLEGLY), for their commitment to since 1990. The stakes in the Ukrainian elections will be a step forward for move this bill forward. There were sev- elections are high both in terms of the Ukraine. With less than 2 weeks until eral bumps in the road, but cooperation outcome and as an indication of the election day, there are some discour- carried the day. We kept the bill in a Ukrainian Government’s commitment aging indications, credible reports of strong and effective form, and I com- towards democratic development and various violations of the election law, pliment all on the majority side for integration into Europe. including, one, campaigning by offi- bringing this resolution forward. Mr. Speaker, I think it is important cials or use of state resources to sup- I certainly compliment the gentle- to underscore the reason for this con- port certain blocs or candidates; sec- woman from New York (Ms. SLAUGH- gressional interest in Ukraine. The ond, the denial of public facilities and TER), co-chair with the gentleman from clear and simple reason: An inde- services to candidates, blocs or parties; Colorado (Mr. SCHAFFER) of the pendent, democratic, and economically three, governmental pressure on cer- Ukrainian Caucus in the House. The stable Ukraine is vital to the well tain parties, candidates and media out- gentlewoman from New York (Ms. being of all Ukrainians to the stability lets; and, four, a pro-government bias SLAUGHTER) is the prime sponsor of and security of Europe; and we want to in the public media, especially the gov- this important legislation. encourage Ukraine in recognizing its ernment’s main television network, We are all here today to promote this own often-stated goal of integration UT–1. legislation, which urges the Govern- into Europe. Mr. Speaker, these actions are incon- ment of the Ukraine to ensure a demo- Despite the positive changes that sistent with Ukraine’s freely under- cratic, transparent, and fair parliamen- have occurred in the Ukraine since taken OSCE commitments and under- tary election on March 31. The resolu- independence in 1991, including the eco- mine its reputation with respect to tion also urges the Government of nomic growth over the last 2 years, human rights and democracy. A demo- Ukraine to implement basic tools in Ukraine is still undergoing a difficult cratic election process is a must in so- order to ensure free and fair elections,

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.023 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H969 including a transparency of election ours, to determine and hold account- Observation Report of the Committee procedures, access for international able those that murdered her husband. of Voters of Ukraine. election observers, multiparty rep- The OSCE, through their Office of SUMMARY resentation on election commissions, Democratic Institutions and Human In October 2001, the Committee of Voters and equal access to the media for all Rights, has issued a final report on of Ukraine (CVU) began its long-term obser- election candidates. Ukraine’s most recent national elec- vation of the 2002 parliamentary election Mr. Speaker, this is the third par- tion, the presidential election of 1999, process. CVU is a non-partisan citizens’ elec- liamentary election in the Ukraine and indicates that that election was tion monitoring organization with 160 branches throughout the Ukraine. CVU will since they gained their independence 10 marred by violations of Ukrainian elec- report regularly until the March 31, 2002 years ago. It is the most critical. This tion law and failed to meet a number of elections. is a big deal in the Ukraine. If they fail OSCE election commitments. There Between February 23 and March 10, 225 to continue to move forward with was state interference with the cam- long-term observers visited 622 cities and 712 democratic reforms, if this is not a fair paign and government pressure on the political party branches, and attended 578 and free election, it will be a major set- media. events conducted by political groups. CVU back to the cause of democracy in This month’s election has been re- observed the same kinds of violations as in the previous three-week period. Some types Ukraine. viewed ahead of time. There is a group of violations decreased in number, while oth- It is very appropriate for this govern- called the Committee of Voters of ers increased. ment, as friendly as we are with the Ukraine, the leading Ukrainian watch- Each time a problem was reported to an people and the Government of Ukraine, dog group on elections; and they have observer, the head of the regional CVU orga- to urge that the government in reported numerous violations in the nization called the individual making the re- Ukraine do everything in its power to run-up to the 2002 parliamentary elec- port to verify it and obtain details. In many ensure the fairness and openness of this tion. So the challenge is still present. cases, witnesses are reluctant to talk about violations, fearing retribution from their election process. This is a very important watershed employers or others. Ukraine has come a long way in the election in Ukraine. They have got to CVU has noticed a few positive develop- last 10 years. Its economy grew more get this right. They cannot slip back ments since its last report. In the past three than 6 percent last year. It has volun- and repeat the mistakes of the 1999 weeks, voter education programs in the mass tarily given up the third largest nu- presidential election. They must con- media have become more robust. Likewise, clear arsenal in the world, and has con- tinue to move forward; and it is very election commissioners are receiving prac- sistently sought to eliminate its exist- appropriate for this Congress, this tical training from non-governmental orga- ing stockpile of strategic missiles. nizations. Some television stations have also House, to urge the Government of been showing debates between various polit- There are basic political reforms under Ukraine to run as fair and open an ical leaders. way in the country, and we have election as possible. Nonetheless, the pre-election period con- friendly relations with the Ukraine and Mr. Speaker, Ukraine strives to real- tinues to be marked by substantial viola- we want those relations to continue to ize a more robust democracy, and it tions of Ukrainian law. The main types of of- be as friendly and supportive as pos- needs our encouragement and support. fenses recorded by CVU during the last week sible. It has both, and I urge all of my col- of February and first two weeks of March But significant challenges remain. were: leagues to support this legislation. Campaigning by state officials or use of The gentleman from New Jersey (Mr. Mr. Speaker, I reserve the balance of state resources to support favored political SMITH) and others have indicated the my time. candidates and groups. The block ‘‘Za Edu’’ challenges that we have. There are re- GENERAL LEAVE (For a United Ukraine) was the principal, strictions on basic democratic free- Mr. SMITH of New Jersey. Mr. but not exclusive beneficiary of this support. doms in the country. The nuclear Speaker, I ask unanimous consent that Government pressure on certain political plants I mentioned are in desperate all Members may have 5 legislative parties, candidates, and media outlets. need of appropriate clean up. The Interference in election campaigns through days within which to revise and extend violence, threats of violence or destruction media suffers from blatant government their remarks and include extraneous of campaign materials. harassment and pressure, and govern- material on H. Res. 338, the resolution Illegal campaign practices by candidates ment corruption runs rampant. under consideration. offering free goods and services to voters and There have been a number of activi- The SPEAKER pro tempore. Is there distributing unregistered campaign mate- ties and accusations involving the gov- objection to the request of the gen- rials. Executive branch interference in the elec- ernment that are terribly disturbing. tleman from New Jersey? The gentleman from New Jersey (Mr. tion process has decreased somewhat since There was no objection. the previous three week period, although it SMITH) has talked about the unsolved Mr. SMITH of New Jersey. Mr. remains a key feature of the electoral envi- murder of the brave journalist Heorhiy Speaker, I yield myself such time as I ronment. As before, the principal beneficiary Gongadze in September 2000, and the may consume. of this assistance is the bloc ‘‘Za Edu’’ and gentleman from New Jersey (Mr. Mr. Speaker, I thank the gentleman its candidates in single mandate constitu- SMITH) and I participated in the Par- from Pennsylvania (Mr. HOEFFEL) for encies. Much of this interference takes place liamentary Assembly of the Organiza- his comments. The gentleman’s state- openly; in many cases, government officials tion for Security and Cooperation in ment was right on point. involve themselves in the electoral process Europe held last July in Paris in which I think it is important to underscore in an apparent attempt to win favor with their superiors. Although CVU has witnessed the OSCE awarded a prize to the widow the good work that the Committee of fewer instances of this kind of violation, this of Mr. Gongadze in honor of his great Voters of Ukraine are actually doing. does not necessarily suggest that executive service and the sacrifice he made in Between February 23 and March 10, 225 branch officials are behaving more impar- support of freedom of the press. long-term observers visited 622 cities tially. In many cases, they have simply I, as does the gentleman from New and 712 political party branches. They shifted their attention away from the par- Jersey (Mr. SMITH), remember well the attended 578 events conducted by polit- liamentary elections to oblast (state) and passionate speech that Mrs. Gongadze ical groups. They are making a Hercu- local races, which are not covered in this re- made in Paris a year ago. I am happy port. lean effort to ensure that the upcoming Conversely, legal provisions requiring free to tell the gentleman from New Jersey elections are free and fair and impar- and transparent campaigning are being ig- that Mrs. Gongadze visited my district tial. They deserve our highest support nored with increasing frequency. Criminal this past weekend and spoke again and praise and congratulations for interference in campaigns has gone up; in with great passion at the Ukrainian being so committed to fair and free turn, parties and single-mandate candidates Educational and Cultural Center of elections in Ukraine. The Committee is are breaking the election law more often. Greater Philadelphia on a panel called comprised of true patriots of Ukraine. Some candidates, parties, and citizens to discuss the importance of the whose rights have been infringed are begin- They are brave and resourceful and ning to lodge formal complaints with elec- Ukrainian elections identified as they deserve the full support of every tion commissions and the courts. Some com- ‘‘Ukraine at a Crossroads’’; and her Member of this body. missions have responded by warning parties passion for democratic reforms re- Mr. Speaker, I include for the and candidates accused of campaign viola- mains unabated, as is her desire, as is RECORD the summary of the Long Term tions to respect the law. No state officials

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.077 pfrm04 PsN: H19PT1 H970 CONGRESSIONAL RECORD — HOUSE March 19, 2002 has been punished for abuse of office, how- from Pennsylvania (Mr. HOEFFEL) have And so to the young people in our ever. While CVU has uncovered no evidence traveled together to that part of the country, I encourage them to pay at- that state interference in the election has world and have made such a difference tention to Ukraine, the most impor- been ordered by senior government authori- ties, neither have these authorities punished in carrying the banner of freedom’s in- tant nation in Central Europe. As it any accused lawbreakers or acted preemp- stitutions into regions of our world goes, so will the nations around it. I tively to ensure neutrality on the part of where heretofore people had not been rise in very strong support of House their subordinates. able to exercise their full democratic Resolution 339 and want to thank so ELECTION COMMISSIONS rights. very much the gentleman from New The country’s central and constituency Having just returned from the Jersey (Mr. SMITH) and the gentleman election commissions appear to functioning Ukraine myself and having had the from Pennsylvania (Mr. HOEFFEL) for relatively well. Most are following proper really historic opportunity to meet bringing this to the attention of the procedure and trying to respond to appeals with nearly 300 of their younger citi- entire world, indeed. We respectfully in a timely manner. Where problems with zens, and people representing non- say to the people of Ukraine, vote, vote district commissions do exist, they are more likely to be found in eastern and southern governmental organizations that are wisely, monitor the elections, help to regions of Ukraine. monitoring the elections and trying to move your country forward, as I know The formation of polling-place election produce information so people know the hearts of your people tell you they commissions (PECs) has not gone smoothly, what they are voting about, we can see want. however. Instead, this process has been a change, a glacial change occurring I express my fullest support for this marked by confusion and numerous viola- there for the better. But without ques- resolution. tions of proper procedure. Detailed informa- tion, people of that nation must feel Mr. HOEFFEL. Mr. Speaker, I thank tion on the make-up of the country’s roughly the gentlewoman, a real leader on 33,000 PECs was supposed to be released by free and unintimidated as they go to February 27 Article 21.13 of the election law, the polls, and they must understand Ukrainian issues in the House. I com- but this requirement was not observed in what the various candidates’ platforms pliment her on her remarks. most areas. Hence, an analysis of the make- are; and it is safe to say that that kind Mr. PAUL. Mr. Speaker, I strongly oppose up of the commissions is not possible at this of transparency and information has H. Res. 339, a bill by the United States Con- time. not been easily available. gress which seeks to tell a sovereign nation CVU is concerned that the provisions of Sometimes it is hard here, but there how to hold its own elections. It seems the Ukraine’s election law that provide for the systems are just not robust. It is height of arrogance for us to sit here and lec- multi-partisan representation on election ture the people and government of Ukraine on commissions have not been respected in spir- not easy to understand how a party it. In many areas, local executive bodies slate or individuals on it might actu- what they should do and should not do in their have taken advantage of the weaknesses of ally support a certain program, and it own election process. One would have political parties to appoint election commis- is hard to distinguish among the major thought after our own election debacle in No- sioners who nominally represent a party but blocs and the people in those blocs. I vember 2000, that we would have learned who are, in practice, loyal to the local ad- would add an encouraging word for pas- how counterproductive and hypocritical it is to ministration alone. CVU has witnessed nu- sage of this resolution and a great hope lecture other democratic countries on their merous cases where election commissioners that the Government of Ukraine will electoral processes. How would members of are unaware even of identity of the party this committee—or any American—react if they are supposed to represent. Clearly, a ensure that the election process is good deal of the blame for this problem also open. Let flourish those who are at- countries like Ukraine demanded that our elec- lies with the parties, which have been in- tempting to help people understand the tions here in the United States conform to capable of recruiting trusted members to issues and understand what those who their criteria? So I think we can guess how serve as commissioners in many parts of the are running actually will champion in Ukrainians feel about this piece of legislation. country. their own programs once elected to Mr. Speaker, Ukraine has been the recipient Mr. HOEFFEL. Mr. Speaker, I yield RADA or local office. This kind of in- of hundreds of millions of dollars in foreign aid myself such time as I may consume. formation should be more broadly from the United States. In fiscal year 2002 Mr. Speaker, I thank the gentleman available. The Internet should be al- alone, Ukraine was provided $154 million. Yet for his comments and simply add that lowed to function so people will share after all this money—which we were told was we take elections for granted in this information across regions and become to promote democracy—and more then ten country. We know how important they more informed about what their vote years after the end of the Soviet Union, we are, but we assume that they will be actually means. are told in this legislation that Ukraine has fair and open and transparent. We need The task before the Ukrainian people made little if any progress in establishing a to do everything in our power to en- of building a more open and free soci- democratic political system. courage the same in the emerging de- ety is enormous. That is true in Russia Far from getting more involved in Ukraine’s mocracies in Europe. Those countries, also and many of the former republics electoral process, which is where this legisla- such as Ukraine, emerging from the of the Soviet Union. tion leads us, the United States is already tyranny of the Soviet bloc, for 10 years much too involved in the Ukrainian elections. b 1700 a new independence and freedom has The U.S. government has sent some $4.7 mil- been observed in Ukraine; but this elec- I know that I detected, especially lion dollars to Ukraine for monitoring and as- tion is of critical importance. They among the young, such a great hope, sistance programs, including to train their elec- have got to get it right. We have to such a feeling that they had the future toral commission members and domestic mon- help them get it right, and this legisla- of the country in their hands. They are itoring organizations. There have been numer- tion is dedicated to that proposition. looking for us to pass this resolution to ous reports of U.S.-funded non-governmental Mr. Speaker, I yield such time as she give a signal that our country stands organizations in Ukraine being involved in may consume to the gentlewoman from and walks alongside those who are try- pushing one or another political party. This Ohio (Ms. KAPTUR). ing to build more open and free soci- makes it look like the United States is taking Ms. KAPTUR. Mr. Speaker, I thank eties. In fact many young people who sides in the Ukrainian elections. the distinguished gentleman from are 21 years of age are running for of- The legislation calls for the full access of Pennsylvania (Mr. HOEFFEL) for cham- fice in some of the towns, or are trying Organization for Security and Cooperation in pioning this very important resolution to run for parliament, to try to change Europe (OSCE) monitors to all aspects of the to put our Nation and the Congress on the laws in order to make property parliamentary elections, but that organization record in highest hopes that the elec- traded freely with a mortgage system. has time and time again, from Slovakia to tions this year in the Ukraine will en- They are fighting for laws so loans can Russia and elsewhere, shown itself to be un- sure a democratic, transparent, and be made by a regular bank and have a reliable and politically biased. Yet the United fair election process leading up to free credit system established. They States continues to fund and participate in March 31. Their parliamentary elec- want an educational system that is OSCE activities. As British writer John tions will be held on that date. Of available to all so students are able to Laughland observed this week in the Guardian course the chairman of the full com- learn critical thinking methods. All of newspaper, ‘‘Western election monitoring has mittee, the gentleman from New Jer- these challenges lie ahead of those become the political equivalent of an Arthur sey (Mr. SMITH), and the gentleman young leaders. Andersen audit. This supposedly technical

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\A19MR7.052 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H971 process is now so corrupted by political bias ensure that a free, fair and transparent elec- law signed by President Kuchma in October. that it would be better to abandon it. Only then tion take place on March 31. The resolution also urges the Government of will countries be able to elect their leaders This resolution we are considering today Ukraine to meet its commitments on demo- freely.’’ Mr. Speaker, I think this is advice we does represent a genuine concern that the re- cratic elections and address issues identified would be wise to heed. ported activities of some could cast a negative by the OSCE in its final report on the 1999 Other aspects of this bill are likewise trou- cloud over these elections and the entire elections, such as state interference in the bling. This bill seeks, from thousands of miles democratic process in Ukraine. campaign and pressure on the media. Finally, away and without any of the facts, to demand The authors of this Resolution are to be the resolution calls upon the Government of that the Ukrainian government solve crimes congratulated for bringing these problems to Ukraine to allow both domestic and inter- within Ukraine that have absolutely nothing to our attention, and we hope the resolution is national election monitors access to the par- do with the United States. No one knows what seen in a positive and constructive way inside liamentary election process. happened to journalist Heorhiy Gongadze or Ukraine. It is my hope that this resolution will send a any of the alleged murdered Ukrainian journal- By addressing these concerns, Ukraine can clear message to the Government of Ukraine ists, yet by adding it into this ill-advised piece only be better off and its democracy made that the U.S. Congress will not simply rubber of legislation we are sitting here suggesting stronger stamp funding requests for Ukraine without that the government has something to do with I urge passage of this resolution and re- also considering the serious issues involved in the alleged murders. This meddling into the serve the balance of my time. Ukraine’s democratic development. In par- Ukrainian judicial system is inappropriate and Ms. SLAUGHTER. Mr. Speaker, I am proud ticular, the conduct of the 2002 parliamentary counter-productive. to be joined by my colleagues, Representa- elections will have a major impact on funding Mr. Speaker, we are legislators in the tives JOSEPH HOEFFEL and CHRISTOPHER considerations when Members of Congress United States Congress. We are not in SMITH, in offering this important resolution. H. are again confronted with the task of blancing Ukraine. We have no right to interfere in the Res. 339 urges the Government of Ukraine to their support for the U.S.-Ukrainian relation- internal affairs of that country and no business ensure a democratic, transparent, and fair ship with Ukraine’s progress in making demo- telling them how to conduct their elections. A election process leading up to its March 31 cratic reforms. far better policy toward Ukraine would be to parliamentary elections. I urge my colleagues to vote for H. Res. eliminate any U.S.-government imposed bar- Just over 10 years after gaining its inde- 339, and I encourage the Government of rier to free trade between Americans and pendence from the Soviet bloc, Ukraine Ukraine to conduct a democratic, transparent, Ukrainians. stands at a crossroads. On Sunday, March 31, and fair parliamentary election process on Mr. GALLEGLY. Mr. Speaker, since regain- Ukraine will hold its third parliamentary elec- March 31. ing its independence in 1991, Ukraine’s de- tions since becoming independent. It is widely Mr. HOEFFEL. Mr. Speaker, I have no further requests for time, and I mocracy has made significant progress but believed that the outcome of the parliamentary yield back the balance of my time. has not been without its difficult periods. No- elections will determine whether Ukraine con- tinues to pursue democratic reforms, or expe- Mr. SMITH of New Jersey. Mr. where has the integrity of the country’s polit- Speaker, I yield back the balance of ical system been more challenged than in its riences further political turmoil. As a founding member and Co-chair of the my time. electoral process. The SPEAKER pro tempore (Mr. On March 31, Ukraine will hold its third elec- Congressional Ukrainian Caucus, I have SIMPSON). The question is on the mo- watched the growth of this new nation with tion for parliament. This election will be a crit- tion offered by the gentleman from keen interest. Their path to democratization ical test of the strength of Ukraine’s evolving New Jersey (Mr. SMITH) that the House has not been easy. More troubling, however, democracy and its new election laws. suspend the rules and agree to the reso- has been a series of scandals involving gov- Given the importance of a strong and stable lution, H.Res. 339, as amended. Ukraine in the region, the importance of our ernment corruption over the past 2 years. In The question was taken. relations with Ukraine and our keen interest in April 2001, I was troubled to learn about the The SPEAKER pro tempore. In the Ukraine’s continued emergence as a respon- Ukrainian Parliament’s vote to remove reform- opinion of the Chair, two-thirds of sible, democratic member of the international minded Prime Minister Viktor Yushchenko. those present have voted in the affirm- community, we are naturally interested in the This change in government came in the midst ative. electoral process as well as progress the of the ongoing political turmoil resulting from Mr. SMITH of New Jersey. Mr. country has made in the areas of human allegations over the involvement of President Speaker, on that I demand the yeas rights, rule of law, freedom of expression and Leonid Kuchma in the case of murdered jour- and nays. the strength of its democratic institutions. nalist Heorhiy Gongadze. Meanwhile, reports The yeas and nays were ordered. In this context, the United States Congress, of government corruption and harassment of The SPEAKER pro tempore. Pursu- through H. Res. 339, expresses its interest in, the media have raised concerns about the ant to clause 8 of rule XX and the and concerns for, a genuinely free and fair Ukrainian government’s commitment to demo- Chair’s prior announcement, further parliamentary election process which enables cratic principles. I have spoken out for a more proceedings on this motion will be all the various political parties and election democratic Ukraine and expressed my contin- postponed. blocs to compete on a level playing field; al- ued concern about the lack of progress in the f lows the voters to acquire objective informa- Gongadze case and recent political instability. REPORT ON NATIONAL EMER- tion about the political candidates; and ex- According to the Organization for Security GENCY WITH RESPECT TO AN- pects all parties to the election to observe and Cooperation in Europe Office of Demo- GOLA—MESSAGE FROM THE their own laws. cratic Institutions and Human Rights’ final re- PRESIDENT OF THE UNITED Historically, since 1991, elections in Ukraine port on Ukraine’s most recent national elec- STATES (H. DOC. NO. 107–190) have been marred by problems such as intimi- tion, the presidential election of 1999 was dation of journalists and opposition can- marred by violations of Ukrainian election law The SPEAKER pro tempore laid be- didates; denial of access to the media; unbal- and failed to meet a significant number of fore the House the following message anced news coverage; abuse of power and OSCE election commitments. There is now from the President of the United political position by government officials; and concern that the 2002 parliamentary elections States; which was read and, together the illegal use of public funds. Today, we have will be compromised by similar violations. Re- with the accompanying papers, without received reports from Ukraine that the current cent reports on the 2002 parliamentary elec- objection, referred to the Committee election period has been beset by similar alle- tions released by the Committee on Voters of on International Relations and ordered gations of individuals or groups illegally trying Ukraine (CVU), a leading Ukrainian watchdog to be printed: to influence the outcome of the elections. group on elections, have cited numerous viola- To the Congress of the United States: This is not to say that the overall electoral tions in the campaign process. As required by section 401(c) of the process is seriously flawed. The Ukraine par- The intent of this resolution is to make the National Emergencies Act, 50 U.S.C. liament has passed a positive new election Government of Ukraine aware that the U.S. 1641(c), and section 204(c) of the Inter- law. What H. Res. 339 does say, however, is Congress is monitoring the conduct of the par- national Emergency Economic Powers that the reported abuses of the election law liamentary election process closely, and will Act, 50 U.S.C. 1703(c), I transmit here- have to be stopped, that the government has not just be focusing on Election Day results. with a 6-month periodic report pre- the responsibility to enforce its election law My resolution urges the Government of pared by my Administration on the na- fairly, and that every effort must be taken to Ukraine to enforce impartially the new election tional emergency with respect to the

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.053 pfrm04 PsN: H19PT1 H972 CONGRESSIONAL RECORD — HOUSE March 19, 2002 National Union for the Total Independ- The question is on the Speaker’s ap- Meek (FL) Pryce (OH) Smith (WA) Meeks (NY) Putnam Snyder ence of Angola (UNITA) that was de- proval of the Journal. Mica Quinn Solis clared in Executive Order 12865 of Sep- The question was taken; and the Millender- Radanovich Spratt tember 26, 1993. Speaker pro tempore announced that McDonald Rahall Stearns GEORGE W. BUSH. the ayes appeared to have it. Miller, Dan Rangel Stenholm Miller, Gary Regula Stump THE WHITE HOUSE, March 19, 2002. Mr. HAYWORTH. Mr. Speaker, I ob- Miller, George Rehberg Sullivan f ject to the vote on the ground that a Miller, Jeff Reyes Sununu quorum is not present and make the Mink Reynolds Tanner 2002 TRADE POLICY AGENDA AND Mollohan Rivers Tauscher 2001 ANNUAL REPORT—MESSAGE point of order that a quorum is not Moran (KS) Rodriguez Tauzin FROM THE PRESIDENT OF THE present. Moran (VA) Roemer Taylor (NC) The SPEAKER pro tempore. Evi- Morella Rogers (KY) Terry UNITED STATES (H. DOC. NO. 107– Murtha Rogers (MI) Thomas 191) dently a quorum is not present. Myrick Rohrabacher Thompson (CA) The Sergeant at Arms will notify ab- Nadler Ros-Lehtinen Thornberry The SPEAKER pro tempore laid be- sent Members. Napolitano Ross Thune fore the House the following message The vote was taken by electronic de- Neal Rothman Thurman Nethercutt Roukema Tiahrt from the President of the United vice, and there were—yeas 363, nays 44, States; which was read and, together Ney Roybal-Allard Tiberi answered ‘‘present’’ 1, not voting 26, as Northup Royce Tierney with the accompanying papers, without follows: Norwood Ryan (WI) Toomey objection, referred to the Committee Nussle Ryun (KS) Towns on Ways and Means and ordered to be [Roll No. 65] Oberstar Sanchez Turner YEAS—363 Obey Sanders Udall (CO) printed: Olver Sandlin Upton To the Congress of the United States: Abercrombie Davis, Jo Ann Hooley Ortiz Sawyer Velazquez As required by section 163 of the Ackerman Davis, Tom Horn Osborne Saxton Vitter Akin Deal Hostettler Ose Schiff Walden Trade Act of 1974, as amended (19 Andrews DeGette Houghton Otter Schrock Walsh U.S.C. 2213), I transmit herewith the Baca Delahunt Hoyer Owens Scott Wamp 2002 Trade Policy Agenda and 2001 An- Bachus DeLauro Hunter Oxley Sensenbrenner Watkins (OK) Baker DeLay Hyde nual Report on the Trade Agreements Pallone Serrano Watson (CA) Baldacci DeMint Inslee Pascrell Sessions Watt (NC) Program, as prepared by my Adminis- Baldwin Deutsch Isakson Pastor Shadegg Waxman tration as of March 1, 2002. Ballenger Diaz-Balart Israel Payne Shaw Weiner Barr Dicks Issa EORGE USH Pelosi Sherman Weldon (FL) G W. B . Barrett Doggett Istook THE WHITE HOUSE, March 19, 2002. Pence Sherwood Weldon (PA) Bartlett Dooley Jackson (IL) Peterson (PA) Shimkus Wexler f Barton Doolittle Jackson-Lee Petri Shuster Whitfield Bass Doyle (TX) Phelps Simmons Wicker RECESS Becerra Dreier Jefferson Pickering Simpson Wilson (NM) The SPEAKER pro tempore. Pursu- Bentsen Duncan Jenkins Pitts Skeen Wilson (SC) Bereuter Dunn John Platts Skelton Wolf ant to clause 12 of rule I, the Chair de- Berman Edwards Johnson (CT) Pombo Slaughter Woolsey clares the House in recess until ap- Berry Ehlers Johnson (IL) Pomeroy Smith (MI) Wynn proximately 6:30 p.m. today. Bilirakis Ehrlich Johnson, E. B. Portman Smith (NJ) Young (AK) Bishop Emerson Johnson, Sam Price (NC) Smith (TX) Accordingly (at 5 o’clock and 3 min- Blumenauer Engel Jones (NC) utes p.m.), the House stood in recess Boehlert Eshoo Kanjorski NAYS—44 until approximately 6:30 p.m. Boehner Etheridge Kaptur Aderholt Hilliard Peterson (MN) Bonilla Evans Keller Allen Hinchey Ramstad f Bonior Everett Kelly Baird Holt Sabo Bono Farr Kennedy (RI) b 1830 Borski Hulshof Schaffer Boozman Ferguson Kerns Capuano Jones (OH) Stark AFTER RECESS Boswell Flake Kildee Costello Kennedy (MN) Strickland Boucher Fletcher Kilpatrick Crane Kucinich Stupak The recess having expired, the House Boyd Foley Kind (WI) DeFazio Larsen (WA) Taylor (MS) was called to order by the Speaker pro Brady (TX) Forbes King (NY) English Latham Thompson (MS) Brown (FL) Ford Kingston tempore (Mr. FOLEY) at 6 o’clock and 30 Filner LoBiondo Udall (NM) Brown (OH) Frank Kirk Fossella McDermott Visclosky minutes p.m. Brown (SC) Frelinghuysen Kleczka Gutknecht McNulty Waters f Bryant Frost Knollenberg Hall (OH) Menendez Weller Burr Gallegly Kolbe Hastings (FL) Moore Wu ANNOUNCEMENT BY THE SPEAKER Burton Ganske LaFalce Hefley Paul Buyer Gekas LaHood PRO TEMPORE Callahan Gephardt Lampson ANSWERED ‘‘PRESENT’’—1 The SPEAKER pro tempore. Pursu- Calvert Gibbons Langevin Tancredo Camp Gilchrest Lantos ant to clause 8 of rule XX, the Chair Cannon Gillmor Larson (CT) NOT VOTING—26 will now put the question on approval Cantor Gilman LaTourette Armey Dingell Schakowsky of the Journal and on motions to sus- Capito Gonzalez Leach Barcia Fattah Shays pend the rules on which further pro- Capps Goode Lee Berkley Gutierrez Shows Cardin Goodlatte Levin ceedings were postponed earlier today. Biggert Lewis (CA) Souder Carson (IN) Gordon Lewis (GA) Blagojevich Lipinski Sweeney Votes will be taken in the following Carson (OK) Goss Lewis (KY) Blunt Lucas (KY) Traficant order: Castle Graham Linder Brady (PA) Lucas (OK) Watts (OK) The Journal, de novo; Chabot Granger Lofgren Condit Riley Young (FL) Chambliss Graves Lowey Davis (IL) Rush H. Res. 368, by the yeas and nays; Clay Green (TX) Luther H.R. 2509, by the yeas and nays; and Clayton Green (WI) Lynch b 1854 H.R. 2804, by the yeas and nays. Clement Greenwood Maloney (CT) Clyburn Grucci Maloney (NY) So the Journal was approved. The Chair will reduce to 5 minutes Coble Hall (TX) Manzullo The result of the vote was announced the time for any electronic vote after Collins Hansen Markey as above recorded. Combest Harman Mascara the first such vote in this series. f The vote on H. Res. 339 will be post- Conyers Hart Matheson Cooksey Hastings (WA) Matsui ANNOUNCEMENT BY THE SPEAKER poned until tomorrow. Cox Hayes McCarthy (MO) PRO TEMPORE f Coyne Hayworth McCarthy (NY) Cramer Herger McCollum The SPEAKER pro tempore (Mr. THE JOURNAL Crenshaw Hill McCrery Crowley Hilleary McGovern FOLEY). Pursuant to clause 8 of rule The SPEAKER pro tempore. Pursu- Cubin Hinojosa McHugh XX, the Chair will reduce to 5 minutes ant to clause 8 of rule XX, the pending Culberson Hobson McInnis the minimum time for electronic vot- business is the question of the Speak- Cummings Hoeffel McIntyre ing on each additional motion to sus- Cunningham Hoekstra McKeon er’s approval of the Journal of the last Davis (CA) Holden McKinney pend the rules on which the Chair has day’s proceedings. Davis (FL) Honda Meehan postponed further proceedings.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.060 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H973 COMMENDING PENTAGON Larsen (WA) Otter Skelton The Clerk read the title of the bill. Larson (CT) Owens Slaughter RENOVATION PROGRAM Latham Oxley Smith (MI) The SPEAKER pro tempore. The question is on the motion offered by The SPEAKER pro tempore. The LaTourette Pallone Smith (NJ) Leach Pascrell Smith (TX) the gentleman from Nebraska (Mr. BE- pending business is the question of sus- Lee Pastor Smith (WA) REUTER) that the House suspend the Levin Paul Snyder pending the rules and agreeing to the rules and pass the bill, H.R. 2509, as resolution, H. Res. 368. Lewis (GA) Payne Solis Lewis (KY) Pelosi Souder amended, on which the yeas and nays The Clerk read the title of the resolu- Linder Pence Spratt are ordered. tion. LoBiondo Peterson (MN) Stark This will be a 5-minute vote. The SPEAKER pro tempore. The Lofgren Peterson (PA) Stearns Lowey Petri Stenholm The vote was taken by electronic de- question is on the motion offered by Lucas (KY) Phelps Strickland vice, and there were—yeas 403, nays 11, the gentleman from New Jersey (Mr. Luther Pickering Stump not voting 20, as follows: SAXTON) that the House suspend the Lynch Pitts Stupak [Roll No. 67] rules and agree to the resolution, H. Maloney (CT) Platts Sullivan Maloney (NY) Pombo Sununu YEAS—403 Res. 368, on which the yeas and nays Manzullo Pomeroy Tancredo are ordered. Markey Portman Tanner Abercrombie Davis, Jo Ann Honda Ackerman Davis, Tom Hooley This is a 5-minute vote. Mascara Price (NC) Tauscher Matheson Pryce (OH) Tauzin Aderholt Deal Horn The vote was taken by electronic de- Matsui Putnam Taylor (MS) Akin DeFazio Hostettler vice, and there were—yeas 413, nays 0, McCarthy (MO) Quinn Taylor (NC) Allen DeGette Houghton not voting 21, as follows: McCarthy (NY) Radanovich Terry Andrews Delahunt Hoyer McCollum Rahall Thomas Baca DeLauro Hulshof [Roll No. 66] McCrery Ramstad Thompson (CA) Bachus DeLay Hunter Baker DeMint Hyde YEAS—413 McDermott Rangel Thompson (MS) McGovern Regula Thornberry Baldacci Deutsch Inslee Abercrombie Coyne Greenwood McHugh Rehberg Thune Baldwin Diaz-Balart Isakson Ackerman Cramer Grucci McInnis Reyes Thurman Ballenger Dicks Israel Aderholt Crane Gutknecht McIntyre Reynolds Tiahrt Barr Doggett Issa Akin Crenshaw Hall (OH) McKeon Rivers Tiberi Barrett Dooley Istook Allen Crowley Hall (TX) McKinney Rodriguez Tierney Bartlett Doolittle Jackson (IL) Andrews Cubin Hansen McNulty Roemer Toomey Barton Doyle Jackson-Lee Baca Culberson Harman Meehan Rogers (KY) Towns Bass Dreier (TX) Bachus Cummings Hart Meek (FL) Rogers (MI) Turner Becerra Duncan Jefferson Baird Cunningham Hastings (FL) Meeks (NY) Rohrabacher Udall (CO) Bentsen Dunn Jenkins Baker Davis (CA) Hastings (WA) Menendez Ros-Lehtinen Udall (NM) Bereuter Edwards John Baldacci Davis (FL) Hayes Mica Ross Upton Berkley Ehlers Johnson (CT) Baldwin Davis, Jo Ann Hayworth Millender- Rothman Velazquez Berman Ehrlich Johnson (IL) Ballenger Davis, Tom Hefley McDonald Roukema Visclosky Berry Emerson Johnson, E. B. Barr Deal Hill Miller, Dan Roybal-Allard Vitter Bilirakis Engel Johnson, Sam Barrett DeFazio Hilleary Miller, Gary Royce Walden Bishop English Jones (NC) Bartlett DeGette Hilliard Miller, George Ryan (WI) Walsh Blumenauer Eshoo Jones (OH) Barton Delahunt Hinchey Miller, Jeff Ryun (KS) Wamp Blunt Etheridge Kanjorski Bass DeLauro Hinojosa Mink Sabo Waters Boehlert Evans Kaptur Becerra DeLay Hobson Mollohan Sanchez Watkins (OK) Boehner Everett Keller Bentsen DeMint Hoeffel Moore Sanders Watson (CA) Bonilla Farr Kelly Bereuter Deutsch Hoekstra Moran (KS) Sandlin Watt (NC) Bonior Fattah Kennedy (MN) Berkley Diaz-Balart Holden Moran (VA) Sawyer Watts (OK) Bono Ferguson Kennedy (RI) Berman Dicks Holt Morella Saxton Waxman Boozman Filner Kerns Berry Doggett Honda Murtha Schaffer Weiner Borski Fletcher Kildee Bilirakis Dooley Hooley Myrick Schiff Weldon (FL) Boswell Foley Kilpatrick Bishop Doolittle Horn Nadler Schrock Weldon (PA) Boucher Forbes Kind (WI) Blumenauer Doyle Hostettler Napolitano Scott Weller Boyd Ford King (NY) Blunt Dreier Houghton Neal Sensenbrenner Wexler Brady (TX) Fossella Kirk Boehlert Duncan Hoyer Nethercutt Serrano Whitfield Brown (FL) Frank Kleczka Boehner Dunn Hulshof Ney Sessions Wicker Brown (OH) Frelinghuysen Knollenberg Bonilla Edwards Hunter Northup Shadegg Wilson (NM) Brown (SC) Frost Kolbe Bonior Ehlers Hyde Norwood Shaw Wilson (SC) Bryant Gallegly Kucinich Bono Ehrlich Inslee Nussle Sherman Wolf Burr Ganske LaFalce Boozman Emerson Isakson Oberstar Sherwood Woolsey Burton Gekas LaHood Borski Engel Israel Obey Shimkus Wu Buyer Gephardt Lampson Boswell English Issa Olver Shuster Wynn Callahan Gibbons Langevin Boucher Eshoo Istook Ortiz Simmons Young (AK) Calvert Gilchrest Lantos Boyd Etheridge Jackson (IL) Osborne Simpson Camp Gillmor Larsen (WA) Brady (TX) Evans Jackson-Lee Ose Skeen Cannon Gilman Larson (CT) Brown (FL) Everett (TX) Cantor Gonzalez Latham Brown (OH) Farr Jefferson NOT VOTING—21 Capito Gordon LaTourette Brown (SC) Fattah Jenkins Armey Dingell Rush Capps Goss Leach Bryant Ferguson John Barcia Gutierrez Schakowsky Capuano Graham Lee Burr Filner Johnson (CT) Biggert Herger Shays Cardin Granger Levin Burton Flake Johnson (IL) Blagojevich Lewis (CA) Shows Carson (IN) Graves Lewis (GA) Buyer Fletcher Johnson, E. B. Brady (PA) Lipinski Sweeney Carson (OK) Green (TX) Lewis (KY) Callahan Foley Johnson, Sam Condit Lucas (OK) Traficant Castle Green (WI) Linder Calvert Forbes Jones (NC) Davis (IL) Riley Young (FL) Chabot Greenwood LoBiondo Camp Ford Jones (OH) Chambliss Grucci Lofgren Cannon Fossella Kanjorski b 1905 Clay Gutknecht Lowey Cantor Frank Kaptur Clayton Hall (OH) Lucas (KY) Capito Frelinghuysen Keller So (two-thirds having voted in favor Clement Hall (TX) Lucas (OK) Capps Frost Kelly thereof) the rules were suspended and Clyburn Hansen Luther Capuano Gallegly Kennedy (MN) the resolution was agreed to. Coble Harman Lynch Cardin Ganske Kennedy (RI) Collins Hart Maloney (CT) Carson (IN) Gekas Kerns The result of the vote was announced Combest Hastings (FL) Maloney (NY) Carson (OK) Gephardt Kildee as above recorded. Conyers Hastings (WA) Markey Castle Gibbons Kilpatrick A motion to reconsider was laid on Cooksey Hayes Mascara Chabot Gilchrest Kind (WI) Costello Hayworth Matheson Chambliss Gillmor King (NY) the table. Cox Hefley Matsui Clay Gilman Kingston f Coyne Herger McCarthy (MO) Clayton Gonzalez Kirk Cramer Hill McCarthy (NY) Clement Goode Kleczka BUREAU OF ENGRAVING AND Crane Hilleary McCollum Clyburn Goodlatte Knollenberg PRINTING SECURITY PRINTING Crenshaw Hilliard McCrery Coble Gordon Kolbe AMENDMENTS ACT OF 2002 Crowley Hinchey McDermott Collins Goss Kucinich Cubin Hinojosa McGovern Combest Graham LaFalce The SPEAKER pro tempore (Mr. Culberson Hobson McHugh Conyers Granger LaHood FOLEY). The pending business is the Cummings Hoeffel McInnis Cooksey Graves Lampson Cunningham Hoekstra McIntyre Costello Green (TX) Langevin question of suspending the rules and Davis (CA) Holden McKeon Cox Green (WI) Lantos passing the bill, H.R. 2509, as amended. Davis (FL) Holt McKinney

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.089 pfrm04 PsN: H19PT1 H974 CONGRESSIONAL RECORD — HOUSE March 19, 2002 McNulty Quinn Stearns question of suspending the rules and McGovern Pomeroy Spratt Meehan Radanovich Stenholm McHugh Portman Stark Meek (FL) Rahall Strickland passing the bill, H.R. 2804. McInnis Price (NC) Stearns Meeks (NY) Ramstad Stump The Clerk read the title of the bill. McIntyre Pryce (OH) Stenholm Menendez Rangel Stupak The SPEAKER pro tempore. The McKeon Putnam Strickland Mica Regula Sullivan McKinney Quinn Stump Millender- Rehberg Sununu question is on the motion offered by McNulty Radanovich Stupak McDonald Reyes Tanner the gentleman from Louisiana (Mr. Meehan Rahall Sullivan Miller, Dan Reynolds Tauscher COOKSEY) that the House suspend the Meek (FL) Ramstad Sununu Miller, Gary Rivers Tauzin Meeks (NY) Rangel Tancredo Miller, George Rodriguez Taylor (MS) rules and pass the bill, H.R. 2804, on Menendez Regula Tanner Mink Roemer Taylor (NC) which the yeas and nays are ordered. Mica Rehberg Tauscher Mollohan Rogers (KY) Terry This will be a 5-minute vote. Millender- Reyes Tauzin Moore Rogers (MI) Thomas McDonald Reynolds Taylor (MS) Moran (KS) Ros-Lehtinen Thompson (CA) The vote was taken by electronic de- Miller, Dan Rivers Taylor (NC) Moran (VA) Ross Thompson (MS) vice, and there were—yeas 403, nays 1, Miller, George Rodriguez Terry Morella Rothman Thornberry not voting 30, as follows: Miller, Jeff Roemer Thomas Murtha Roukema Thune Mink Rogers (KY) Thompson (CA) Myrick Roybal-Allard Thurman [Roll No. 68] Mollohan Rogers (MI) Thompson (MS) Nadler Royce Tiahrt YEAS—403 Moore Rohrabacher Thornberry Napolitano Ryan (WI) Tiberi Moran (KS) Ros-Lehtinen Thune Neal Ryun (KS) Tierney Abercrombie Deal Hoekstra Moran (VA) Ross Thurman Nethercutt Sabo Toomey Ackerman DeFazio Holden Morella Rothman Tiahrt Ney Sanchez Towns Aderholt DeGette Holt Murtha Roybal-Allard Tiberi Northup Sanders Turner Akin Delahunt Honda Myrick Royce Tierney Norwood Sandlin Udall (CO) Allen DeLauro Hooley Nadler Ryan (WI) Toomey Nussle Sawyer Udall (NM) Andrews DeLay Horn Napolitano Ryun (KS) Towns Oberstar Saxton Upton Baca DeMint Hostettler Neal Sabo Turner Obey Schiff Velazquez Bachus Deutsch Houghton Nethercutt Sanchez Udall (CO) Olver Schrock Visclosky Baker Diaz-Balart Hoyer Ney Sanders Udall (NM) Ortiz Scott Vitter Baldacci Dicks Hulshof Northup Sandlin Upton Osborne Sensenbrenner Walden Baldwin Doggett Hunter Norwood Sawyer Visclosky Otter Serrano Walsh Ballenger Dooley Hyde Nussle Saxton Vitter Owens Sessions Wamp Barr Doolittle Inslee Oberstar Schaffer Walden Oxley Shadegg Waters Barrett Doyle Isakson Obey Schiff Walsh Pallone Shaw Watkins (OK) Bartlett Dreier Israel Olver Schrock Wamp Pascrell Sherman Watson (CA) Barton Duncan Issa Ortiz Scott Waters Pastor Sherwood Watt (NC) Bass Dunn Istook Osborne Sensenbrenner Watkins (OK) Payne Shimkus Watts (OK) Becerra Edwards Jackson (IL) Ose Serrano Watson (CA) Pelosi Shuster Waxman Bentsen Ehlers Jackson-Lee Otter Sessions Watt (NC) Pence Simmons Weiner Bereuter Ehrlich (TX) Owens Shadegg Watts (OK) Peterson (MN) Simpson Weldon (FL) Berkley Emerson Jefferson Oxley Shaw Waxman Peterson (PA) Skeen Weldon (PA) Berman Engel Jenkins Pallone Sherman Weiner Petri Skelton Weller Berry English John Pastor Sherwood Weldon (FL) Phelps Slaughter Wexler Bilirakis Eshoo Johnson (CT) Paul Shimkus Weldon (PA) Pickering Smith (MI) Whitfield Bishop Etheridge Johnson (IL) Payne Shuster Weller Pitts Smith (NJ) Wicker Blumenauer Evans Johnson, E. B. Pelosi Simmons Wexler Platts Smith (TX) Wilson (NM) Blunt Everett Johnson, Sam Pence Simpson Whitfield Pombo Smith (WA) Wilson (SC) Boehlert Farr Jones (NC) Peterson (MN) Skeen Wicker Pomeroy Snyder Wolf Boehner Fattah Jones (OH) Peterson (PA) Skelton Wilson (NM) Portman Solis Woolsey Bonior Ferguson Kanjorski Petri Slaughter Wilson (SC) Price (NC) Souder Wu Bono Filner Kaptur Phelps Smith (MI) Wolf Pryce (OH) Spratt Wynn Boozman Flake Keller Pickering Smith (NJ) Woolsey Putnam Stark Young (AK) Borski Fletcher Kelly Pitts Smith (WA) Wu Boswell Foley Kennedy (MN) Platts Snyder Wynn NAYS—11 Boucher Forbes Kennedy (RI) Pombo Souder Young (AK) Boyd Ford Kerns Flake Manzullo Rohrabacher NAYS—1 Goode Miller, Jeff Schaffer Brady (TX) Fossella Kildee Goodlatte Ose Tancredo Brown (FL) Frank Kilpatrick Miller, Gary Kingston Paul Brown (OH) Frelinghuysen Kind (WI) Brown (SC) Frost King (NY) NOT VOTING—30 NOT VOTING—20 Bryant Gallegly Kingston Armey Davis (FL) Rush Burr Ganske Kirk Armey Davis (IL) Schakowsky Baird Davis (IL) Schakowsky Burton Gekas Kleczka Baird Dingell Shays Barcia Dingell Shays Buyer Gephardt Knollenberg Barcia Gutierrez Shows Biggert Gutierrez Shows Callahan Gibbons Kolbe Biggert Lewis (CA) Sweeney Blagojevich Lewis (CA) Smith (TX) Calvert Gilchrest Kucinich Blagojevich Lipinski Traficant Bonilla Linder Solis Camp Gillmor LaFalce Brady (PA) Riley Young (FL) Brady (PA) Lipinski Sweeney Cannon Gilman LaHood Condit Rush Clayton Pascrell Traficant Cantor Gonzalez Lampson Condit Riley Velazquez b 1915 Capito Goode Langevin Cummings Roukema Young (FL) Capps Goodlatte Lantos Mr. KINGSTON and Mr. MANZULLO Capuano Gordon Larsen (WA) b 1926 changed their vote from ‘‘yea’’ to Cardin Goss Larson (CT) Carson (IN) Graham Latham So (two-thirds having voted in favor ‘‘nay.’’ Carson (OK) Granger LaTourette thereof) the rules were suspended and So (two-thirds having voted in favor Castle Graves Leach the bill was passed. thereof) the rules were suspended and Chabot Green (TX) Lee The result of the vote was announced the bill, as amended, was passed. Chambliss Green (WI) Levin Clay Greenwood Lewis (GA) as above recorded. The result of the vote was announced Clement Grucci Lewis (KY) A motion to reconsider was laid on as above recorded. Clyburn Gutknecht LoBiondo the table. The title was amended so as to read: Coble Hall (OH) Lofgren Collins Hall (TX) Lowey f ‘‘To authorize the Secretary of the Combest Hansen Lucas (KY) Treasury to produce currency, postage Conyers Harman Lucas (OK) EXPRESSING SENSE OF HOUSE OF stamps, and other security documents Cooksey Hart Luther REPRESENTATIVES REGARDING at the request of foreign governments Costello Hastings (FL) Lynch WOMEN’S HISTORY MONTH Cox Hastings (WA) Maloney (CT) on a reimbursable basis.’’. Coyne Hayes Maloney (NY) Mrs. MORELLA. Mr. Speaker, I move A motion to reconsider was laid on Cramer Hayworth Manzullo to suspend the rules and agree to the the table. Crane Hefley Markey resolution (H. Res. 371) expressing the Crenshaw Herger Mascara f Crowley Hill Matheson sense of the House of Representatives Cubin Hilleary Matsui regarding Women’s History Month. JAMES R. BROWNING UNITED Culberson Hilliard McCarthy (MO) The Clerk read as follows: Cunningham Hinchey McCarthy (NY) STATES COURTHOUSE H. RES. 371 Davis (CA) Hinojosa McCollum The SPEAKER pro tempore (Mr. Davis, Jo Ann Hobson McCrery Whereas Women’s History Month provides SIMPSON). The pending business is the Davis, Tom Hoeffel McDermott our country the privilege of honoring the

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.025 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H975 countless contributions that American (3) calls upon all the people of the United Indeed, Mr. Speaker, thousands of women have made throughout our history; States to observe this month with appro- women across our Nation are fur- Whereas these contributions have enriched priate programs, ceremonies, and activities. thering the cause of freedom and op- our culture, strengthened our Nation, and The SPEAKER pro tempore (Mr. furthered the Founders’ vision for a free and portunity. They serve in government, SIMPSON). Pursuant to the rule, the just Republic that provides opportunity and the military, and other organizations. safety at home and is an influence for peace gentlewoman from Maryland (Mrs. They serve in Congress. around the world; MORELLA) and the gentlewoman from Women are playing an important role Whereas since its beginnings, our land has Hawaii (Mrs. MINK) each will control 20 as we seek to defeat terrorism and been blessed by noteworthy women who minutes. bring justice to those responsible for played defining roles in shaping our Nation. The Chair recognizes the gentle- the September 11 attacks. The best ex- Sakajawea was a Native American woman woman from Maryland (Mrs. MORELLA). ample is President Bush’s distin- who befriended the explorers, Meriwether GENERAL LEAVE guished national security adviser, Lewis and William Clark, 150 years ago as Mrs. MORELLA. Mr. Speaker, I ask they crossed the great Northwest. She helped Condoleezza Rice. Lewis and Clark’s expedition complete the unanimous consent that all Members Women of strength, vision, and char- first successful overland transcontinental may have 5 legislative days within acter have long influenced our country journey. Lucretia Mott courageously wrote which to revise and extend their re- with their time, efforts, and wisdom in and spoke against slavery and the lack of marks on House Resolution 371. vastly diverse ways to improve and en- equal rights for women, helping America rec- The SPEAKER pro tempore. Is there hance worthwhile causes in their indi- ognize the inherent wrong in the institu- objection to the request of the gentle- vidual communities. tional subjugation of others and the need to woman from Maryland? Mr. Speaker, I urge my colleagues to strive for equality, freedom, and justice for There was no objection. support this important resolution. all. Elizabeth Blackwell was the first woman Mrs. MORELLA. Mr. Speaker, I yield in America awarded a medical degree, and Mr. Speaker, I ask unanimous con- myself such time as I may consume. sent that the distinguished gentle- she dedicated her pioneering efforts as a phy- Mr. Speaker, House Resolution 371, sician to helping others; woman from West Virginia (Mrs. introduced by our distinguished col- Whereas Helen Keller overcame debili- CAPITO) be permitted to control the re- tating physical disabilities, showing us the league, the gentlewoman from West mainder of my time. power of a determined human spirit. Clara Virginia (Mrs. CAPITO), acknowledges The SPEAKER pro tempore. Is there Barton developed a vision for helping others the importance of Women’s History objection to the request of the gentle- through her service to the wounded during Month. I commend her for bringing woman from Maryland? the Civil War. She realized that vision by this resolution to the floor. There was no objection. founding the American Red Cross after the Women’s History Month, the month war, an organization that has since become Mrs. MORELLA. Mr. Speaker, I re- of March, recognizes the many con- serve the balance of my time. renowned for its effectiveness in helping tributions American women have made those who suffer or are in need; Mrs. MINK of Hawaii. Mr. Speaker, I Whereas recently, the Red Cross reached to make our Nation free, strong, and a yield myself such time as I may con- out to aid Afghan women traumatized by the force for peace and justice around the sume. repressive rule of the intolerant Taliban re- world. Mr. Speaker, I am delighted to join gime, which for years had mercilessly op- Women’s History Month also encour- with my colleagues in expressing our pressed Afghanistan and Afghan women in ages every American to learn more very enthusiastic support of this reso- particular; about these important contributions, Whereas today, thousands of United States lution, which seeks to recognize Wom- and to celebrate the noble legacies of en’s History Month. women are furthering the cause of freedom women as we work to build a brighter through service in government, the military, One would think that we would not and other organizations, as we seek to defeat future for our Nation and for all the need to have a special resolution or a terrorism and bring justice to those respon- world’s people. special designation of a month in order sible for the September 11 attacks; Furthermore, Women’s History to raise the consciousness and appre- Whereas the history of American women is Month calls upon all the people of the ciation of the people all across the an expansive story of outstanding individ- United States to observe this month country on the many contributions uals who sacrificed much and worked hard in with appropriate programs, cere- pursuit of a better world, where peace, dig- that women have made in all fields of monies, and activities. Women’s His- human endeavor, whether it be nity, and opportunity can reign; tory Month provides our country the Whereas the spirit of loving determination sciences or in exploration or in politics that shaped these pursuits continues to serve privilege of honoring the countless con- or in all manner of social services. tributions that American women have as an example to those who seek to better b 1930 our Nation; made throughout our history. Women Whereas American women of strength, vi- have enriched our culture and But the fact remains that we do have sion, and character have long influenced our strengthened our Nation. Women have this month, and it is very important country by contributing their time, efforts, furthered the Founders’ vision for a that the Congress pay special note of and wisdom in vastly diverse ways to im- free and just republic that provides op- this month and its designation in order prove and enhance our government and com- portunity and safety at home and is to call upon all institutions, all enti- munities, our schools and religious institu- ties, all organizations and people, tions, our businesses and the military, and promoting peace around the globe. the arts and sciences; and Mr. Speaker, there are countless ex- schools in particular, that this month Whereas women also have fundamentally amples of women who have contributed has special significance for the women shaped our civilization in the care and nur- to our society. It would take us all all across this country. turing of families. evening to go through that litany. Mr. Speaker, I yield such time as she Whereas today, women in the United To give just a flavor or a touch of may consume to the gentlewoman from States are furthering the Founders’ vision by some important examples set by California (Ms. MILLENDER-MCDONALD), working to advance freedom, increase equal- women, we need look no further than the cochair of the Women’s Caucus in ity, and administer justice in every corner of Helen Keller, who overcame debili- support of this resolution. our land, through their everyday work in tating physical illness; Elizabeth Ms. MILLENDER-MCDONALD. Mr. schoolrooms, boardrooms, courtrooms, homes, and communities: Now, therefore, be Blackwell, the first woman in America Speaker, I would like to thank my dear it awarded a medical degree; Clara Bar- friend and colleague, and a woman who Resolved, That the House of ton, who developed a vision for helping has established herself as a leader in Representatives— others through her service to the this country. I would really like to (1) recognizes the many contributions wounded during the Civil War. She speak about my very own Congress- American women have made to help make later founded the American Red Cross, woman, the gentlewoman from Hawaii our Nation free, strong, and a force for peace an organization that has since become (Mrs. MINK), the first Asian American and justice around the world, (2) encourages every American to learn renowned for its effectiveness in help- ever to be elected to this body, and more about these important contributions ing those in suffering or in need. what a leader she has become and she and to celebrate their noble legacies as we There was Sacajawea, a Native Amer- is. work to build a brighter future for our Na- ican woman who guided the famous The gentlewoman from Hawaii (Mrs. tion and for all of the world’s people, and Lewis and Clark expedition. MINK) was instrumental in passing

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.028 pfrm04 PsN: H19PT1 H976 CONGRESSIONAL RECORD — HOUSE March 19, 2002 Title 9 in this Chamber to enable our West Virginians, all different, were pio- 1987, this has been a great event for young girls to see opportunities that neers of their time. women to celebrate. they had not seen before in the fields of We know that democracy needs all So I am very pleased on behalf of our sports and other areas of education. We genders, races, religions and ethnicities colleagues to join in this request to have such a leader as the gentlewoman to participate in order to provide prop- have the House unanimously endorse from Hawaii (Mrs. MINK) with us today, er representation. As a mother and a the designation of March as National who is helping to groom the younger wife, I think I bring a different perspec- Women’s History Month for the year Members who are coming in and help- tive to the debate over issues than a 2002. ing them to learn the process of this husband or father would. Neither one is Mr. Speaker, I yield back the balance august body. more right than the other, just dif- of my time. As we recognize Women’s History ferent. The plurality of these different Mrs. CAPITO. Mr. Speaker, I yield Month, it is the leaders such as the people working together as one govern- myself such time as I may consume. gentlewoman from Hawaii (Mrs. MINK), ment can better serve West Virginia Mr. Speaker, I would like to thank the gentlewoman from Maryland (Mrs. and the rest of America. my colleague from Hawaii (Mrs. MINK) MORELLA) and others who have distin- I stand here today to celebrate all of for her wonderful statement and also guished themselves in this body. the bold actions and wonderful achieve- for the pioneering ways that you did Mr. Speaker, I last evening spoke to ments of the women who have gone be- that allowed me to come and be elected a group of women veterans in celebra- fore me. I ask my colleagues to stand this very first time to my first term in tion of this particular week dedicated up as we celebrate Women’s History Congress. I thank the gentlewoman for to women veterans. We find that Month and work to broaden our percep- her contributions, and I thank her in women have increased in our armed tions to include all of those who nor- joining me in celebrating March as services from about 7 percent to 14 per- mally could be excluded, especially in Women’s History Month. cent. They are now not only just the giving our sisters and daughters an op- I urge all of the Members to support nurses in our armed forces, but they portunity to serve their communities, this resolution and to reflect upon our serve now and are really flying fighter their States and their country. democracy. This special month creates planes in Afghanistan and other parts Mr. Speaker, I reserve the balance of an opportunity for all of us to remem- of the world, as we know, and see hot my time. ber the women who have played a crit- spots throughout the world. Certainly Mrs. MINK of Hawaii. Mr. Speaker, I ical role in the life of our great coun- women have positioned themselves on yield myself such time as I may con- try. the front lines of these very hot spots. sume. Mr. Speaker, I yield back the balance Women have positioned themselves Mr. Speaker, as we ask this House to of my time. in high tech, in viewing tomorrow’s recognize Women’s History Month, I The SPEAKER pro tempore (Mr. era, in viewing tomorrow’s world, think it is important to know how this SIMPSON). The question is on the mo- where young women will become sci- whole project began. tion offered by the gentlewoman from entists and biologists. And so today I In 1970 women’s history was a very Maryland (Mrs. MORELLA) that the am happy to recognize Women’s His- fledgling idea. It was started by the House suspend the rules and agree to tory Month and to advance the leader- Education Task Force of Sonoma the resolution, H. Res. 371. ship of women throughout the globe County, California. A Commission on The question was taken. and to even put a spotlight on the the Status of Women was initiated and The SPEAKER pro tempore. In the women of this House, those who have they put together a Women’s History opinion of the Chair, two-thirds of been leaders for all of us. Week for that county. Our colleague, those present have voted in the affirm- Mrs. CAPITO. Mr. Speaker, I yield the gentlewoman from California (Ms. ative. myself such time as I may consume. WOOLSEY), told me early on of her par- Mrs. CAPITO. Mr. Speaker, on that I Mr. Speaker, today I stand here in ticipation in establishing and recog- demand the yeas and nays. support of Women’s History Month and nizing this week. There were many The yeas and nays were ordered. Resolution 371. Before 1970, women’s projects that people participated in. The SPEAKER pro tempore. Pursu- history was rarely the subject of seri- Finally, in 1979, the director of the ant to clause 8 of rule XX and the ous study. Since then, however, this Sonoma County Commission estab- Chair’s prior announcement, further field has undergone a metamorphosis. lished a Women’s History Institute, proceedings on this motion will be Today, almost every college offers and from there it grew and grew until postponed until tomorrow. women’s history courses and most March of 1980 when President Jimmy f major graduate programs offer doc- Carter issued a Presidential message to toral degrees in the field. the American people encouraging the SPECIAL ORDERS It is no secret that the representa- recognition and celebration of women’s The SPEAKER pro tempore. Under tion of women and men in government history all throughout America. And the Speaker’s announced policy of Jan- is not equal, but it is also worth noting so, from that point of March 1980, the uary 3, 2001, and under a previous order that this Congress has the most fe- recognition of women’s history week at of the House, the following Members males ever serving in the history of the that time was part of the national will be recognized for 5 minutes each. United States. The strides women have agenda. f made into public service, holding lead- The Senators on the other side co- ership positions on all levels of govern- sponsored a joint resolution and in GENERAL LEAVE ment, is something we should recognize March 8, 1981, the first national Wom- Mr. BILIRAKIS. Mr. Speaker, I ask and celebrate. en’s History Week was established. unanimous consent that all Members I would like to take a moment and This has provided for the establish- may have 5 legislative days within recognize some remarkable women ment of many clearinghouses. All which to revise and extend their re- from West Virginia: Phyllis Curtain, a across the country, schools have also marks on the subject of my special remarkable opera star; Pearl S. Buck, adopted it as a project, and women order today. a fantastic author; Mattie Lee, a within local communities have been The SPEAKER pro tempore. Is there woman who created a home for women, recognized for the outstanding work objection to the request of the gen- where they could live and work early that they have performed not only for tleman from Florida? in the 1920s and 1930s in our country; their community but for the State. There was no objection. Karen LaRoe, President of the West In 1987, at the request of national f Virginia University Institute of Tech- women’s organizations, museums, li- nology; Bertie Cohen, a community braries and other leaders in this coun- GREEK INDEPENDENCE DAY volunteer; and Henrietta Marquis, a try, the national Women’s History The SPEAKER pro tempore. Under a physician in Charleston, West Virginia, Project was formed, and Congress was previous order of the House, the gen- who recently passed away, who prac- petitioned to expand the national cele- tleman from Florida (Mr. BILIRAKIS) is ticed into her 90s. These women, all bration to an entire month. So, since recognized for 5 minutes.

VerDate 11-MAY-2000 04:35 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.098 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H977 Mr. BILIRAKIS. Mr. Speaker, today I large degree to the sacrifices made by Encouraged by the American Revolution, proudly rise to celebrate Greek Inde- men and women in the past, in Greece, the Greeks began their rebellion after four pendence Day and the strong ties that in America, and all over the world. centuries of Turkish oppression, facing what bind the nations of Greece and the Clearly apparent in the aftermath of appeared to be insurmountable odds. Both na- United States. the September 11 attacks, freedom tions faced the prospect of having to defeat an One hundred eighty-one years ago comes with a price. Thousands have empire to obtain liberty. And if Samuel Adams, the people of Greece began a journey sacrificed their lives to protect that the American revolutionary leader who lighted that would mark the symbolic rebirth freedom. Today, American military the first spark of rebellion by leading the Bos- of democracy in the land where those personnel are tracking terrorism at its ton Tea Party, had a Greek counterpart, that principles of human dignity were first many sources. It is another reminder man would be Alexander Ypsilantis. espoused. They rebelled against more that freedom must be constantly Ypsilantis was born in Istanbul, and his fam- than 400 years of Turkish oppression. guarded. In the words of President ily was later exiled to Russia. Ypsilantis The revolution of 1821 brought inde- Bush in his recent State of the Union served in the Russian army, and it was there, pendence to Greece and emboldened address: ‘‘It is both our responsibility during his military service, that he became in- those who still sought freedom across and our privilege to fight freedom’s volved with a secret society called the ‘‘Philike the world. I commemorate Greek Inde- fight.’’ Hetairia,’’ which translated means ‘‘friendly so- pendence Day, Mr. Speaker, each year Madam Speaker, on this 181st birth- ciety.’’ The ‘‘friendly society’’ was made up of for the same reasons we celebrate our day of Greek independence, when we merchants and other Greek leaders, but the Fourth of July. It proved that a united celebrate the restoration of democracy intent of the society was to seek freedom for people, as is taking place today, a to the land of its conception, we also Greece and her people. united people, through sheer will and celebrate the triumph of the human The group planned a secret uprising for perseverance can prevail against tyr- spirit and the strength of man’s will. 1821 to be led by Ypsilantis. He and 4,500 anny. The goals and values that the people of volunteers assembled near the Russian border The lessons the Greeks and our colo- Greece share with the people of the to launch an insurrection against the Turks. nial forefathers taught us provide United States reaffirms our common The Turkish army massacred the ill-prepared strength to victims of persecution democratic heritage. This occasion Greek volunteers, and Ypsilantis was caught throughout the world today. Men such also serves to remind us that we must and placed in prison, where he subsequently as Aristotle, Socrates, Plato, and never, never take for granted the right died. However, the first bells of liberty had Euripides developed a then-unique no- to determine our own fate. been rung, and Greek independence would tion that men could, if left to their Mr. Speaker, today I proudly rise to cele- not be stopped. own devices, lead themselves rather brate Greek Independence Day and the strong When news of Greek uprisings spread, the than be subject to the will of a sov- ties that bind the nation of Greece and the Turks killed Greek clergymen, clerics, and laity ereign. It was Aristotle who said, ‘‘We United States. in a frightening display of force. In a vicious make war that we may live in peace.’’ One hundred and eighty one years ago, the act of vengeance, the Turks invaded the is- On March 25, 1821, Archbishop people of Greece began a journey that would land of Chios and slaughtered 25,000 of the Germanos of Patras embodied the spir- mark the symbolic rebirth of democracy in the local residents. The invaders enslaved half the it of those words when he raised the land where those principles to human dignity island’s population of 100,000. flag of freedom and was the first to de- Although many lives were sacrified at the were first espoused. clare Greece free. altar of freedom, the Greek people rallied Revolutions embody a sense of her- They rebelled against more than four hun- dred years of Turkish oppression. The revolu- around the battle cry ‘‘Eleftheria I Thanatos’’— oism, bringing forth the greatness of liberty or death, mirroring the words of Amer- tion of 1821 brought independence to Greece the human spirit in the struggle ican Patriot Patrick Henry who said: ‘‘Give me and emboldened those who still sought free- against oppression. liberty or give me death.’’ These words em- dom across the world. I commemorate Greek News of the Greek revolution met bodied the Greek patriots’ unmitigated desire Independence Day each year for the same with widespread feelings of compassion to be free. in the United States. The Founding Fa- reasons we celebrate our Fourth of July. It Another heroic Greek whom many believe thers eagerly expressed sentiments of proved that a united people, through sheer will was the most important figure in the revolution support for the fledgling uprising. Sev- and perseverance, can prevail against tyranny. was Theodoros Kolokotronis. He was the lead- eral American Presidents, including The lessons the Greeks and our colonial fore- er of the Klephts, a group of rebellious and re- James Monroe and John Quincy fathers taught us provide strength to victims of silient Greeks who refused to submit to Turk- Adams, conveyed their support for the persecution throughout the world today. ish subjugation. Kolokotronis used military revolution through their annual mes- Men such as Aristotle, Socrates, Plato, and strategy he learned while in the service of the sages to Congress. William Harrison, Euripides developed the then-unique notion English Army to organize a force of over 7,000 our ninth president, expressed his be- that men could, if left to their own devices, men. The Klephts swooped on the Turks from lief in freedom for Greece saying, ‘‘We lead themselves rather than be subject to the their mountain strongholds, battering their op- must send our free-will offering. The will of a sovereign. It was Aristotle who said: pressors into submission. Star Spangled Banner must wave in ‘‘We make war that we may live in peace.’’ On One battle in particular, where Kolokotronis the Aegean . . . a messenger of frater- March 25, 1821, Archbishop Germanos of led his vastly outnumbered forces against the nity and friendship to Greece.’’ Patras embodied the spirit of those words Turks, stands out. The Turks had invaded the It should not surprise us that the when he raised the flag of freedom and was Peloponnese with 30,000 men. Kolokotronis Founding Fathers would express such the first to declare Greece free. led his force, which was outnumbered by a keen support for Greek independence, Revolutions embody a sense of heroism, ratio of 4 to 1, against the Turkish army. A for they themselves had been inspired bringing forth the greatness of the human spir- fierce battle ensued and many lives were lost, by the ancient Greeks in their own it. It was Thomas Jefferson who said that, but after a few weeks, the Turks were forced struggle for freedom. As Thomas Jef- ‘‘One man with courage is a majority.’’ Quoting to retreat. Kolokotronis is a revered Greek ferson once said, ‘‘To the ancient Jefferson on the anniversary of Greek inde- leader, because he embodied the hopes and Greeks we are all indebted for the light pendence is particularly appropriate. Jefferson, dreams of the common man, while displaying which led ourselves . . . American colo- and the rest of the Founding Fathers, looked extraordinary courage and moral fiber in the nists, out of gothic darkness.’’ back to the teachings of ancient Greek phi- face of overwhelming odds. losophers for inspiration as they sought to Athanasios Diakos was another legendary b 1945 craft a strong democratic state. And in 1821, hero, a priest, a patriot, and a soldier. He led Our two nations share a brotherhood the Greeks looked to our Founding Fathers for 500 of his men in a noble stand against 8,000 bonded by the common blood of democ- inspiration when they began their journey to- Ottoman soldiers. Diakos’ men were wiped out racy, birthed by Lady Liberty and com- ward freedom. and he fell into the enemy’s hands, where he mitted to the ideal that each citizen The history of Greek Independence like that was severely tortured before his death. He is deserves the right of self-determina- of the American Revolution, is filled with many the image of a Greek who gave all for love of tion. stories of courage and heroism. There are faith and homeland. We must always remember that the many parallels between the American and While individual acts of bravery and leader- freedom we enjoy today is due to a Greek Revolutions. ship are often noted, the Greek Revolution

VerDate 11-MAY-2000 04:35 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\K19MR7.100 pfrm04 PsN: H19PT1 H978 CONGRESSIONAL RECORD — HOUSE March 19, 2002 was remarkable for the bravery and fortitude maintain democracy only at great cost. The soring the annual Greek Independence displayed by the typical Greek citizen. This he- freedom we enjoy today is due to a large de- Day Parade for New York City. As roic ideal of sacrifice and service is best dem- gree to the sacrifices made by men and many of my colleagues know, New onstrated through the story of the Suliotes, vil- women in the past—in Greece, in America, York City is the home of the largest lagers who took refuge from Turkish authori- and all over the world. Hellenic population outside of Greece ties in the mountains of Epiros. The fiercely Clearly apparent in the aftermath of the and Cyprus. patriotic Suliotes bravely fought the Turks in September 11th attacks, freedom comes with I would now like to place in the several battles. News of their victories spread a price. Thousands have sacrificed their lives RECORD the members of the board of di- throughout the region and encouraged other to protect our freedom. Today, American mili- rectors, the officers, all of whom are villages to revolt. The Turkish Army acted tary personnel are tracking terrorism at its organizing this important tribute. swiftly and with overwhelming force to quell many sources. It is another reminder that free- The members of the Board of Directors are: the Suliote uprising. dom must be constantly guarded. In the words Bill Stathakos, President; Demos Siokis, The Suliote women were alone as their hus- 1st Vice President; Peter Michaleas, 2nd Vice of President Bush in his recent State of the President; Demetrius Kalamaras, 3rd Vice bands battled the Turks at the front. When Union address, ‘‘it is both our responsibility President; Demetrios Demetriou, General they learned that Turkish troops were fast ap- and our privilege to fight freedom’s fight.’’ Secretary; Demetrios Katchulis, 1st Ass’t. proaching their village, they began to dance Mr. Speaker, on this 181st birthday of Greek Secretary; Chris Orfanakos, 2nd Ass’t Sec- the ‘‘Syrtos,’’ a patriotic Greek dance. One by Independence, when we celebrate the restora- retary; Elias Tsekerides, Treasurer; George one, rather than face torture or enslavement at tion of democracy to the land of its concep- Kalivas Ass’t Treasurer; Ekaterine Livanis, the hands of the Turks, they committed sui- tion, we also celebrate the triumph of the Public Relations. Andreas Savva; Antonios Fokas; Avgitides cide by throwing themselves and their children human spirit and the strength of man’s will. Anastasios; Christos Gousis; Demosthenes off Mount Zalongo. They chose to die rather The goals and values that the people of Triantaffylou; Ektor Polykandriotis; than surrender their freedom. Greece share with the people of the United Eleftherios Avramidis; Jhon Zapantis; Maria The sacrifice of the Suliotes was repeated in States reaffirms our common democratic herit- Kalas; Paul Hatzikyriakos; Stelios Manis; the Arkadi Monastery of Crete. Hundreds of age. This occasion also serves to remind us Legal Advisors; Gregory Sioris and Attorney non-combatants, mainly the families of the that we must never take for granted the right at Law, Katerine Nikiforou, Esquire. Cretan freedom fighters, had taken refuge in to determine our own fate. This year, the board has elected the the Monastery to escape Turkish reprisals. f grand marshals for the parade. They The Turkish army was informed that the Mon- will be from both sides of the ocean, astery was used by the Cretan freedom fight- GREEK INDEPENDENCE DAY representing the strong bond and ers as an arsenal for their war material, and The SPEAKER pro tempore (Mrs. JO friendship between Greece and the they set out to seize it. As the Turkish troops ANN DAVIS of Virginia). Under a pre- United States. From the U.S. Alax were closing in, the priest gathered all the ref- vious order of the House, the gentle- Spanos and Denise Mehiel; and from ugees in the cellar around him. With their con- woman from New York (Mrs. MALONEY) Greece, Apostolos Kakkomanis and sent, he set fire to the gunpowder kegs stored is recognized for 5 minutes. Dora Kakoyiani. Ms. Kakoyiani was a there, killing all but a few. The ruins of the Mrs. MALONEY of New York. Madam victim of a terrorist who assassinated Arkadi Monastery, like the ruins of our Alamo, Speaker, I rise also today with my col- her husband. These outstanding indi- still stand as a monument to liberty. league, the gentleman from Florida viduals will lead the parade to sym- News of the Greek revolution met with wide- (Mr. BILIRAKIS), the co-chair of the Hel- bolize that no terrorist can extinguish spread feelings of compassion in the United lenic Caucus, which I chair with him, the light of democracy and freedom. States. The Founding Fathers eagerly ex- to recognize the Hellenic Americans As the representative of the 14th pressed sentiments of support for the fledgling and their heritage and their tremen- Congressional District, where a large uprising. Several American Presidents, includ- dous contribution to our country and number of my constituents are of Hel- ing James Monroe and John Quincy Adams, really to the world. lenic descent, I have often had the op- conveyed their support for the revolution The ancient state of Greece inspired portunity to speak with them about through their annual messages to Congress. our country in so many ways, from the the victims and heroes of 1821. Today, William Harrison, our ninth President, ex- architecture, the design of the very we speak also about the heroes and vic- pressed his belief in freedom for Greece, say- building in which we are residing right tims of 2001. ing: ‘‘We must send our free will offering. ‘The now, to the design of our government; The Hellenic community, as every Star-spangled Banner’ must wave in the Ae- and today we pay tribute to Greece’s community in New York and world- gean . . . a messenger of fraternity and declaration of independence from the wide, was hit heavily by the travesty of friendship to Greece.’’ Ottoman Empire on March 25. In 2002 it September 11. Those of Hellenic decent Various Members of Congress also showed will be the 181st anniversary. that were lost that day were: Ioanna a keen interest in the Greeks’ struggle for au- History tells us that in 1821 Greece Ahladiotis; Anastasios-Ernestos tonomy. Henry Clay, who in 1825 became rose up in a bloody revolt against the Alikakos; Katerina Bandis; Peter Bren- Secretary of State, was a champion of repressive might of the Ottoman Em- nan, a firefighter; John Catsimatides; Greece’s fight for independence. Among the pire. Determined to end 400 years of Thomas A. Damaskinos; Anthony most vocal was Daniel Webster from Massa- slavery or die in the attempt, Greek Demas; Gus Economou; Michael chusetts, who frequently roused the sympa- patriots began their unyielding strug- Eleferis, also a firefighter; Anna thetic interest of his colleagues and other gle for liberty and independence. Fosteris; Kenneth Grouzalis; Steve Americans in the Greek revolution. The legend says that on March 21, Hagis; Bill Haramis; Nick John; Steve It should not surprise us that the Founding 1821, Bishop Germanos of Patras hoist- Kokinos; Danielle Kousoulis; James Fathers would express such keen support for ed the Greek flag at the monastery of Maounis; George Merkouris; Peter- Greek independence, for they themselves had Agia Lavra in the Peloponnese in an Constantios Moutos; James been inspired by the ancient Greeks in their act of defiance that marked the begin- Papageorge; George Paris; Theodoros own struggle for freedom. As Thomas Jeffer- ning of the war of independence. Pigis; Daphni Pouletsos; Richard son once said, ‘‘To the ancient Greeks . . . At a time when we in the United Poulos; Tony Savvas; Muriel we are all indebted for the light which led our- States are fighting to preserve our de- Siskopoulos; Timothy P. Soulas; selves . . . American colonists, out of gothic mocracy from terrorists, I find a great Andreas Stergiiopoulos; Michael darkness.’’ Our two nations share a brother- deal of significance in our firemen rais- Tarrou; Michael Theodoridis; William hood bonded by the common blood of democ- ing the American flag at the World Tselepis; Jennifer Tzemis; Steve racy, birthed by Lady Liberty, and committed Trade Center after the attack on Sep- Zannettos; Gus Zavvos; Steve Savvas, to the ideal that each individual deserves the tember 11. That act symbolized our war from the New York Police Department; right of self-determination. for democracy and freedom, as did the and Prokopios Paul Zios. These victims We all know that the price of liberty can be flag at Agia Lavra many years ago. are the patriots. They gave their lives very high—history is replete with the names of To honor Greek Independence Day on that terrible attack against our the millions who have sacrificed for it. Soc- and honor the victims and heroes of country and our democracy. rates, Plato, Pericles, and many other great September 11, the Federation of Hel- The members of the fire department, scholars throughout history warned that we lenic Societies of New York is spon- police department, port authority and

VerDate 11-MAY-2000 04:35 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.056 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H979 military will continue to lead this war the ancient Greeks on democracy. A careful people lived without freedom of religion, ac- and to protect us on the homeland and reading of ‘‘The Federalist Papers’’ reveals the cess to education, or representative govern- abroad. significant role the early Greeks played in the ment. Surrounded by the ruins of their noble On this day of independence and formation of our government. Thomas Jeffer- heritage, however, they never lost their identity strong bond with Greece, the Hellenic son called upon his studies of the Greek tradi- as a free people. On March 25, 1821, drawing and Philhellenic community remember tion of democracy when he drafted the Dec- inspiration from our own struggle for independ- that the future has much to offer: the laration of Independence, espousing the ideals ence, the revolution against the oppressive Olympics in Greece and New York; the of a government representative of and ac- Ottoman rule began. The revolution suc- efforts of the Hellenic Caucus to seek a countable to the people. Decades later, these ceeded, and a free, democratic nation was re- peaceful understanding with Turkey on ideas were a catalyst in the Greek uprising born. the issues of the Greek Islands and Cy- and successful independence movement Here in the United States we are blessed by prus occupation. against the Ottoman Empire—the event we the presence of many Greek-Americans. In On this day of Greek independence, celebrate today. San Francisco, the Greek-American commu- let us remember the words of Plato: On March 25, 1821, the Archbishop of nity is a vibrant part of our wonderful diversity. ‘‘Democracy is a charming form of gov- Patros blessed the Greek flag at the Aghia From the daily contributions of thousands of ernment, full of variety and disorder, Laura monastery, marking the proclamation of hardworking citizens to the leadership of and dispensing a kind of equality to Greek independence. It took 11 years for the former Mayors George Christopher and Art equals and unequals alike.’’ Greeks to finally defeat the Ottomans and gain Agnos, Greek-Americans have enriched San I ask the Members of the Congress to their true independence. After this long strug- Francisco and our nation. rise with me and pay tribute to the he- gle against an oppressive regime, Greece re- After enjoying the recent Winter Olympics in roes of 1821 and 2001. We will not forget turned to the democratic ideals that its ances- Salt Lake City, the world now turns its atten- you. tors had developed centuries before. tion to the 2004 summer games to be held in Zeto E Eleftheria. Se Ollo to Kosmo. Today, the United States’ relationship with Athens, Greece. The 108th anniversary of the Mr. GILLMAN. Madam Speaker, I am Greece is as strong as ever. Greece has been modern Olympics will be held where the pleased to rise in support of the celebration of our ardent supporter in every major inter- games were born some 3,000 years ago. The Greek independence, and I thank our col- national conflict of this century, and they play innovations of ancient Greece continue to light leagues, the gentleman from Florida, Mr. BILI- an important role in the North Atlantic Treaty our world, and modern Greece, our friend and RAKIS and the gentlelady from New York, Mrs. Organization and the European Union. Greece ally, continues to uphold its legacy. MALONEY, who have once again shown great It is my honor, as a member of the Con- leadership in their efforts to organize this spe- has also been a key participant in the United gressional Caucus on Hellenic Issues, to join cial order for Greek Independence Day. Nations peacekeeping force in Bosnia, pro- Since the people of Greece declared their viding troops and supplies. In turn, the United my colleagues in celebrating Greek Independ- independence on March 25, 1821, the people States has worked to attain a peaceful settle- ence Day. of the United States and Greece have enjoyed ment to the conflict in Cyprus, the island na- Mr. MCGOVERN. Madam Speaker, I am close relations, and generations of Greek im- tion that was brutally invaded by Turkey in proud to be able to participate in honoring 181 migrants have helped to strengthen and enrich 1974. years of Greek Freedom and Independence. I the relations between our two nations. How- Madam Speaker, I would thank our col- want to express my appreciation to Congress- ever, our mutual devotion to democratic ideals leagues, Mr. BILIRAKIS and Mrs. MALONEY, for man BILIRAKIS and Congresswoman MALONEY is rooted deep in history. Some 2,500 years organizing this Special Order, and I join all of for their leadership on Greece and Cyprus and ago, ancient Greek city-states helped to plant our House colleagues in recognizing Greek for keeping all Members informed and edu- the seeds of democratic thought among men. Independence Day. I salute the spirit of de- cated on Hellenic issues. The admiration that our Founding Fathers had mocracy and family that distinguish the Greek While there is much to celebrate this year for those very ideals are evident in our own people, as well as their courage in breaking about Greece—its strong and growing econ- Constitution, and in the letters our Founding the bonds of oppression 178 years ago. I look omy, its role in the European Union, and the Fathers exchanged with one another in chart- forward to many more years of cooperation preparations for the 2004 Summmer Olym- ing the course for American democracy. and friendship between our two nations. pics—I most want to mention the clear and Since the rebirth of a democratic Greece in Ms. PELOSI. Madam Speaker, I rise today unwavering support that Greece has given to 1974, a vibrant Greek democracy serves once to commemorate the 181st anniversary of the international campaign against terrorism. again as an inspiration to its neighbors and Greek Independence Day, and I thank my col- In his address to the U.N. General Assem- the world. Our two Nations continue to stand leagues, Mr. BILIRAKIS, and Mrs. MALONEY, for bly on November 13, 2001, Foreign Minister together as friends and allies in a region of the their leadership on Greek-American issues George Papandreou called for the abandon- world beset by strife and hardship. and for organizing today’s tribute. ment of rivalries and a new spirit of inter- Accordingly, I wish to thank the people of Greece has long held a special place in the national cooperation in a ‘‘common fight for Greece for their continued friendship, and I in- hearts and minds of Americans. From the ar- humanity’’ against terrorism. Mr. Papandreou vite my colleagues to join me in honoring the chitecture of this building to the design of our went on to describe a global community en- Nation of Greece on the 181st anniversary of government, we are indebted to the best ideas gaged in issues and programs that are very its independence. of the Greeks. They brought us a rational ex- near and dear to my own heart, calling on na- Mr. VISCLOSKY. Madam Speaker, I join my planation for the universe, provided the basis tions to reach beyond their borders to alleviate colleagues today to recognize the 181st anni- for Western medical science, and laid the disease and starvation, to oppose sex, reli- versary of Greek Independence Day. As the foundation of Western philosophy on which gious and racial discrimination, to protect the U.S. Representative of a region with over our country is built. As Thomas Jefferson ac- environment, to include the poor in the bene- 5,000 people of Greek descent, I know that knowledged, ‘‘to the ancient Greeks, we are fits of development, and to provide equal edu- this important event will be joyously celebrated indebted for the light which led ourselves out cational opportunities. throughout Northwest Indian. of Gothic darkness.’’ Greece has known the scourge of terrorism I would like to honor not only this important As the ancient state was an inspiration to and has long fought a battle against domestic day in Greek history, but the strong and the United States, the modern state of Greece and international terrorist groups. Now Greece unique relationship that exists today between is a trusted friend. From the first World War to is a full partner in the international war against the United States and Greece. The develop- the current struggle against terrorism, Greece terrorism. It has provided the United States ment of modern democracy has its roots in and the United States have fought side by the use of its airspace, air bases and naval fa- ancient Athens. The writings of Plato, Aristotle, side for the principles of liberty and self-deter- cilities on Crete, as well as intelligence sharing Cicero and others were the first to espouse mination the ancient Greeks set forth so elo- and investigation of suspect bank accounts the basic tends of a government of the people quently. A valued member of NATO, Greece that may be linked to terrorist activities world- and by the people. While these ideals were today is a thriving democracy that Aristotle wide. In addition, Greece has sent several C– not always followed in ancient Greece, these would recognize and of which he would be 130 planes with food and other needed sup- writings provided a roadmap for later govern- proud. plies for Afghan refugees, offered to send ments in their attempts to establish democracy But it almost wasn’t this way. For nearly 400 peacekeeping troops to Afghanistan, and is in their countries. years, the land that gave the world democracy working with the international community in The Founding Fathers of the United States lived under tyranny. Between 1453 and 1821, the development of post-conflict development were particularly influenced by the writings of as part of the Ottoman Empire, the Greek priorities for Afghanistan.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\K19MR7.103 pfrm04 PsN: H19PT1 H980 CONGRESSIONAL RECORD — HOUSE March 19, 2002 Greece has long been a crossroads for since given way to an incontestably stable, yet Community in celebrating their Day of Inde- many cultures. As such, we have much to colorful, democracy. pendence. learn from Greece about diversity, tolerance, Greece remains our critical strategic partner Mr. COYNE. Madam Speaker, I rise today democratic inclusion, and how to create a in today’s post-cold war world. We cooperate to join in this special order commemorating genuine multicultural society that honors its closely in promoting peace and stability in the Greek Independence Day. past and looks forward to the challenges of Balkans. Economic ties with Greece are vital At the time of the American Revolution, the future. to virtually every Balkan state. Athens has most of Greece was part of the Ottoman Em- I am proud to be able to honor Greece on been a firm supporter of inter-communal talks pire. At that time, Greece had been under 181 years of freedom and independence. in Cyprus, and it remains committed to a just, Ottoman rule for 400 years. Some Greeks Mr. LANTOS. Madam Speaker, as we ap- lasting, and democratic settlement of the Cy- held positions in the Ottoman government, proach Greek Independence Day, it is a great prus issue. And I’m sure everybody in this and Greek merchants throughout the empire honor for me to pay tribute ton one of the body applauds Greece’s historic and coura- were active and successful, but the Greek United States’ most important allies and one geous effort to resolve differences with its people were unwilling subjects of the Otto- which is held in such deep affection by mil- neighbor Turkey. mans. Greek Orthodox Christians were a reli- lions and millions of Americans. Madam Speaker, I congratulate the Greek gious minority within the empire, and were Western civilization as we know it today people on the 181st anniversary of their inde- subject to discrimination on that basis. More- owes the deepest debt and, indeed, its very pendence and I join my colleagues in thanking over, the Ottoman Empire had begun the long, origins, to the Greek nation. Greek philosophy, them for their vast contributions to world civili- slow period of decline that would end in its sculpture, and theater set standards to which zation and especially to our Nation. disintegration in the wake of World War I. The today’s practitioners still aspire. And, as the Ms. ROS-LEHTINEN. Madam Speaker, it is Ottoman government was becoming increas- cradle of democracy, Athens is the spiritual an honor today to join my colleagues, Rep- ingly characterized by corruption and violent ancestor of our own Republic. The history of resentatives BILIRAKIS and MALONEY in cele- oppression. Greek independence is one of the inspiring brating Greek Independence Day. In the late 1700s and early 1800s, the stories of our time. It is the tale of the revival Much like the ruins of ancient Greece, the Greek people developed a national identity. of an ancient and great people through sheer traditions and thoughts this society brought to Many Greeks began to come into greater con- commitment, sacrifice, and love of freedom the world are still standing. On this day which tact with Western Europeans, and through and heritage. Transmitted through the genera- marks Greece’s Independence, we celebrate these contacts they gained exposure to the tions, the ideals of the ancient Greeks inspired the spirit of liberty and self-determination as ideas of liberty and self-government that had their revolutionary descendants in the nine- manifested in 1821 when Greece began a 7 been developed in ancient Greece and revived teenth century, and great and gallant stalwarts year struggle against the Ottoman empire, in modern times by the French and American of the War of Independence such as Theodore which led to the restoration of democracy to revolutions. The development of a vision of an Kolokotronis and Rigas Velestinlis wrote of the land of Aristotle and Plato. independent Greek nation at that time was their belief in the rights of man. Madam Speaker, as the first Olympic flame due in no small part to the interaction of these The histories of the United States and ignited in ancient Greece spread the spirit of radical ideas with the increasing depredations Greece have been intimately intertwined ever sportsmanship and friendship around the of the Ottoman government. since the beginning of modern Greek sov- world for centuries to come, Greece gave the In March of 1821, Greek patriots rebelled ereignty. The cause of Greek independence world the tool with which to create a more just against the Ottomans. The rebellion lasted for evoked sympathy throughout the Western and peaceful society that continues to spread eight tumultuous years, but the Greek people world. Well known is Lord Byron, whose un- across the globe today—democracy. Hence, persevered in their uphill struggle. compromising commitment to Greece was as the Olympic flame makes its way back to The Greeks’ heroic struggle inspired support epitomized by his declaration ‘‘In for a penny, Athens in 2004, we celebrate today, that 181 from people in Western Europe and the United in for a pound.’’ Less renowned but no less years ago, democracy was returned to its States. Many people in these countries devel- committed were the many American birthplace continuing to make Greece a pillar oped an interest in Greek culture, architecture, Philhellenes, who repaid their debt to Greek of liberty and civility for the world to look onto. and history. Europeans and Americans identi- culture by crossing the ocean to fight for The tenants of rule of law, due process, and fied with the Greek people because of the an- Greek liberation. I am pleased that these civil liberties were philosophical notions in an- cient Greece’s legacy as the cradle of democ- American citizens were honored with a monu- cient society, which the modern world took, racy. A number of private citizens like Lord ment in Athens 2 years ago. developed and solidified in legal customs and Byron were so inspired by the Greeks’ fight for Greek citizens also crossed the ocean in the traditions creating a safer world for the op- freedom that they actually traveled to Greece other direction, emigrating to the United pressed. Artistotle spoke of democracy and and risked their lives to support this revolution. States, where they enjoyed great success and said, ‘‘If liberty and equality are chiefly to be Many of the people of Europe pressured their shared their prosperity with their kinfolk in their found in democracy, they will be best attained governments to intervene on the side of the original homeland. They have served as a when all persons alike share in the govern- Greeks, and as a result, in 1826 Great Britain bridge of understanding between our two na- ment to the utmost.’’ It is this legacy of de- and Russia agreed to work to secure Greek tions, and they have refreshed America with mocracy which our forefathers emulated for independence. France allied itself with these their spirit, their patriotism, and their hard our young republic in its founding days. states the following year. Foreign assistance work. Today, some five million Americans It is not surprising to see an ever stronger helped turn the tide, and in 1829 the Ottoman claim Greek ancestry, with understandable partnership between the United States and Empire signed a treaty recognizing Greece as pride. Greece in forging a commitment to democracy an autonomous state. Greece is one of less than a handful of na- and respect for every individual’s inherent right Madam Speaker, it is important that we rec- tions which has stood shoulder-to-shoulder to freedom around the world. Greece was a ognize the courage and heroism of these early with the United States in every major war of strong ally of this country during World War II Greek patriots, who fought and died for the the 20th century. Our close relations became and is a continual friend in NATO. Today, as same principles of freedom that inspired our even closer after World War II. The Truman the world once again joins together to fight ter- forefathers to rebel against Great Britain. I am Doctrine helped save Greece from com- ror and oppression, the country of Greece has pleased to join our country’s many Greek- munism, indeed helped save it for the Western made valuable contributions in terms of per- American citizens in observing this very spe- world, and the Marshall plan helped in its eco- sonnel and technical support for his global ef- cial day. nomic regeneration. In 1952, Greece joined fort. Mr. SWEENEY. Madam Speaker, I rise in NATO, formalizing the deep, mutual commit- Greece’s commitment to peace and stability support of celebrating March 25, 2002, as ment of Greece and the rest of the Western in the Aegean region can be further noted Greek Independence Day. The ancient Greeks world to protecting freedom. through the continual leadership it has dis- developed the concept of democracy, in which In more recent times, Greece has been one played in helping shepherd along the current the supreme power to govern was vested in of the world’s amazing success stories. A full- talks taking place in Cyprus. the people. The Founding Fathers of the fledged member of the European Union for Madam Speaker, the democratic heritage United States drew heavily on the political ex- two decades, Greece has become increasingly shared by the United States and Greece make perience and philosophy of ancient Greece in prosperous; it has whipped chronic inflation them formidable allies in the defense of de- forming our representative democracy. and qualified to join the ‘‘Euro currency zone.’’ mocracy around the world. It is with great joy Greece is one of only three nations in the Its once unsettled domestic politics has long that I stand here today and join the Greek world, beyond the former British Empire, that

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\A19MR7.037 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H981 has been allied with the United States in every yoke of the Ottomans and declared the inde- of Greek independence. One hundred and major international conflict in the twentieth pendence of the Greek people from subjuga- eighty one years ago, after nearly 400 years century. Greece played a major role in the tion. At first, the Hellenic fighters met with vio- of oppression under the Ottoman Empire, the World War II struggle to protect freedom and lent failure, but their just cause ignited the courage and commitment to freedom of the democracy through such bravery as was imaginations of their people and of scores of Greek people prevailed in a revolution for shown in the historic Battle of Crete and in Western philhellenes, such as the English independence. It is an honor today to cele- Greece presenting the Axis land war with its poet Lord Byron, who left their homelands to brate Greek Independence Day in the House first major setback, which set off a chain of fight and die with the Greeks for their libera- of Representatives. events that significantly affected the outcome tion. Greece and the Greek people have made of World War II. The United States was never far from the remarkable contributions to the United States Greece and the United States are at the minds of the revolutionary Greeks, nor was and societies throughout the world. The forefront of the effort for freedom, democracy, the struggle of the Greeks unnoticed by Amer- achievements of Greek civilization in art, archi- peace, stability, and human rights. Those and icans. As Greek revolutionary commander tecture, science, philosophy, mathematics, and other ideals have forged a close bond be- Petros Mavromichalis, one of the founders of literature have become legacies for nations tween our two nations and their peoples. the modern Greek state, said to the citizens of across the globe. In addition, and most impor- March 25, 2001, marks the 180th anniver- the United States in 1821, ‘‘It is in your land tantly, the Greek commitment to freedom and sary of the beginning of the revolution that that liberty has fixed her abode and . . . in the birth of democracy remains an essential freed the Greek people from the Ottoman Em- imitating you, we shall imitate our ancestors contribution for which we as Americans are pire and it is proper and desirable to celebrate and be thought worthy of them if we succeed eternally grateful. with the Greek people and to reaffirm the in resembling you.’’ Greek civilization has inspired the American democratic principles from which our two great By 1833, the Greeks had secured independ- passion for truth, justice, and the rule of law nations were born. ence and with it a place in history as the first by the will of the people. The forefathers or Mr. HOLT. Madam Speaker, today I rise to of the subjugated peoples in Europe to over- our Nation recognized the spirit and idealism honor the Greek people and their successful throw their Ottoman masters. of ancient Greece when fighting for American struggle for independence from Ottoman occu- As the Greek nation developed and grew, it independence and drafting our Constitution. pation that began nearly 181 years ago. Greek emerged as a stalwart ally of the United Forty-five years after our own revolution for Independence Day has special symbolic reso- States. The Greek people fought alongside the independence, this tradition and commitment nance for Americans. Our forefathers founded American and Allied forces in both of the to freedom was carried forward by the Greek our democratic system of government on the world wars of the twentieth century. The people through their successful revolutionary principles of popular representation introduced Greeks again took up arms against their Otto- struggle for sovereignty. to this world by the ancient Athenians. man foes in the First World War and then Greek Americans can take pride today in Our word democracy is, in fact, of Greek handed the Axis powers their first defeat in the contributions of Greek culture and in their derivation and literally translates as people World War II when the Greek army pushed ancestors’ sacrifice. The effects of the vibrant (‘‘demo’’) rule (‘‘kratos’’). The ancient Greek back the forces of Mussolini. Soon after, how- Greek people can be witnessed throughout experiment with democracy, however, was a ever, they would suffer through a long and the United States in our government, culture, visionary aberration that was centuries ahead painful Nazi occupation. and economy, as well as in our commitment to After World War II, Greece became an in- of its time. Democracy did not last long in An- freedom and democracy throughout the world. strumental member of the NATO alliance. cient Greece as the fist of empires—Romans, We, as Americans, are grateful for these gifts. Greece’s strategic location made it a vital buff- Byzantine, and Ottoman—silenced democratic Madam Speaker, it is important for us to er between the Western Democratic world and yearnings for nearly two millennia. recognize and celebrate this day together with Soviet Communism. Although democracy temporarily dis- Greece to reaffirm our common democratic Over the last 30 years, Greece has made appeared, the Greeks continued to thrive and heritage. I am proud to join in this celebration major strides forward for its people. In 1974, prosper. As the Roman Empire expanded in Konstantine Karamanlis finally restored de- and offer my congratulations to Greece and the early centuries after the birth of Christ, the mocracy to Greece, bringing representative Greeks throughout the world on this very spe- Greek peoples dominated the eastern half of government back to its birthplace. Greece be- cial day. Mr. CROWLEY. Madam Speaker, it is with the Roman Empire, known as Byzantium, and came a member of the European Community great pleasure that I offer my congratulations it was in the Greek city of Constantinople and then the powerful European Union. where the Roman emperor Constantine con- Today, Greece continues to move in the to the Hellenic Republic on the 181st anniver- verted himself and the entire Roman Empire right direction thanks to the enlightened lead- sary of its independence from the Ottoman to Christianty. ership of Prime Minister Costas Simitis. He Empire. Upon the fall of Rome in 476 AD, the and Foreign Minister George Papandreou are Two and a half millennia ago, Greek phi- Greek-led Byzantine Empire emerged as a po- working with their Turkish counterparts to end losophers and politicians developed the demo- tent force in the world and the protectorate of generations of strained relations between Tur- cratic ideals that inspired our Founding Fa- Christian Orthodoxy. The Greeks remained key and Greece. Economically, Greece is thers and became the foundation for the strong and independent until the Central Asian prospering and recently became a member of American political system. Greek thinkers Ottomans crushed the Byzantine armies and the European Monetary Union. In 2004, made discoveries that for thousands of years conquered the spiritual capital of the Byzan- Greeks will display their successes to the helped advance the world’s knowledge of tine world at Constantinople in 1453. world when they host the Olympics, another science, medicine, mathematics, and astron- The victory of the Ottomans cast the Greek Greek invention, in Athens. omy. Greek drama and poetry became the speaking peoples into more than 400 years of Strategically, Greece remains important. It is model, in many ways, for much of Western lit- occupation. But even while under the yoke of a force of stability in the volatile Balkans erature. The list of Greek contributions to Ottoman rule, the Greeks were an impressive where it continues to promote open markets world culture is endless. force. As successful and educated merchants, and democracy. The Greek government is After freeing itself from foreign domination, they dominated the Ottoman middle class and also united with the United States in its war on including nearly 400 years under Ottoman rule were the backbone of the Ottoman economy. terrorism. Greece has sent a troop contingent and occupation by Nazi Germany, Greece is Still, the Greeks were not meant to be sub- to participate in the international force in Af- once again a fierce proponent of freedom and ject peoples and they began to oppose the im- ghanistan and has allowed U.S. aircraft use of democracy. It is a key NATO ally, a partner in perial policies of the Ottoman government. its airspace and its airbases. the war against terrorism, a critical contributor Greeks, many of whom were educated in the I cannot overstate the importance of strong to stability in the Balkans, and a participant in universities of the West, began to adopt revo- ties between Greece and the United States. the International Security Assistance Force lutionary ideas from France, Great Britain, and As an American citizen who believes firmly in that is working to bring peace and stability to the United States. The concept of the nation- the principles of democracy and as a rep- Afghanistan. Greek military observers and po- state, self-determination, and liberal democ- resentative of thousands of Greek-Americans lice serve in United Nations Peacekeeping racy found their ways into the Greek villages that live in Central New Jersey, I rise today in missions on the Iraq-Kuwait border, on the and cities from Athens to Constantinople. humble recognition of Greek Independence Ethiopia-Eritrea border, and in Bosnia, On March 25, 1821, Greek patriots from the Day. Kosovo, and the Republic of Georgia. The southern tip of the Peloponnese to the north- Mr. KNOLLENBERG. Madam Speaker, I democratic ideals of ancient Greece continue ern outskirts of Macedonia finally rebuked the rise today to celebrate the 181st anniversary to thrive in the Hellenic Republic today.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\A19MR7.041 pfrm04 PsN: H19PT1 H982 CONGRESSIONAL RECORD — HOUSE March 19, 2002 The 3 million Americans of Greek descent Today, the United States shares many com- cient Greece was the world’s first democracy. have made critical contributions to American mon threads with Greece, including commit- With modern Greece, it stands as an example business, culture, education, art, and politics ments to democracy, peace and human rights. to people around the world of overcoming tyr- and helped ensure the success of this great Greece has sent us her sons and daughters in anny. nation. past generations, helping us to build our proud Since its war of independence, Greece has Madam Speaker, my fellow colleagues, nation. We will not forget the fierce resistance been a strong ally to the United States. In please join in congratulating the Greek gov- with which Greece opposed the Axis powers turn, the U.S. has opened its heart to mul- ernment and our fellow Americans of Greek in World War Two, nor their equally staunch titudes of Greek immigrants. The contributions heritage as they celebrate the 181st anniver- resistance to the expansion of communism in of the Greek community in the United States sary of Greek independence. the war’s immediate aftermath. Greece has are immeasurable. Mr. ROTHMAN. Madam Speaker, I rise been one of our strongest allies ever since. The strong relationship between Greece and today to pay tribute to Greek Independence For nearly 5 decades now Greece has been a the United States is steeped in culture, history, Day. key NATO member, helping to stabilize its and philosophy and remains of critical impor- In this year following the horrific terrorist at- area of the Mediterranean. Since Greece and tance. Since September 11, Greece shared in tacks on our Nation, in which our democratic the United States share many interests and our loss—21 of its citizens died at the World society has been challenged like never before, many values, the celebration of the 181st An- Trade Center—and has stepped up its efforts it is important that we join together and honor niversary of Greek Independence gives us the to combat terrorism at home and abroad. the ideals that embody Greek Independence opportunity to call for an even closer collabo- Equally important is Greece’s membership in Day. On this 181st anniversary of the decision ration between both our countries. NATO, and its role in ensuring the security of by the Greek people to rise up against the Madam Speaker, I am pleased to have this Europe’s southern flank. Ottoman Empire and live freely, we celebrate opportunity to celebrate once again Greek cul- I remain committed to strengthening U.S.- democracy, a common bond that the United ture and to toast the Greek people. It is an Greek ties, and to working on issues of inter- States shares with Greece. honor to rise and commemorate the 181st est to the Greek American community, includ- For the thousands of Greek-Americans that Greek Independence Day. On this day we cel- ing a permanent solution in Cyprus. I represent, Greek Independence Day cele- ebrate more than just Greece’s independence, I thank my colleagues, Mr. BILIRAKIS, for or- brates the sacrifice made by their family mem- we celebrate Greece as a nation and as a ganizing this special order to highlight the im- bers, friends, and fellow countrymen. The de- friend. portant contributions of Greece to our country. cision by the Greeks to govern themselves Mr. MCNULTY. Madam Speaker, the Amer- Mr. PAYNE. Madam Speaker, I rise today, was a courageous action, and we honor the ican people join with the people of Greece in as a member of the Human Rights Sub- spirit of those who lost their lives in this quest celebrating the 181st Anniversary of the revo- committee, to join in commemorating the for freedom. This spirit will be on display for all lution that freed the Greek people from the 181st Anniversary of the revolution that freed the world to see when Athens hosts the Olym- Ottoman Empire. the Greek people from the Ottoman empire. pic Games in 2004. The bedrock of our close relationship with I congratulate Greece on celebrating its During this celebration of Greek Independ- Greece is our mutual devotion to freedom and 181st anniversary. The Greek people have ence, Congress memorializes the sacrifice of democracy and our unshakable determination much to be proud of. a generation of Greeks so that freedom and to fight, if need be, to protect these rights. As a senior member of the International Re- Greek philosophers and political leaders— independence could be secured for the Greek lations Committee, I have long been involved Cleisthenes and Pericles and their succes- people. America is involved in a similar strug- in, and have followed issues affecting the sors—had great influence upon America’s gle now. As we continue our struggle based Greek-American community. Founding Fathers in their creation of these on our love of democracy, freedom, rule of I am aware that Greece achieved its inde- United States. law, tolerance and justice, we draw strength We, as a nation, owe a great debt to pendence from the Ottoman Empire in 1829. and inspiration from the Greek people who Greece. Greece is the birthplace of democ- During the second half of the 19th century, shed blood and tears in their struggle for inde- racy, as we know it. and the first half of the 20th century, it gradu- pendence. Thomas Jefferson said, ‘‘To the ancient ally added neighboring islands and territories Today, we honor the just cause that the Greeks, we are all indebted for the light which with Greek-speaking populations. Greek people fought for in 1829, and I join my led ourselves (American colonists) out of Following the defeat of communist rebels in colleagues in recognition of this special anni- Gothic darkness.’’ 1949, Greece joined NATO in 1952. A military versary and the strong U.S.-Greece relation- The terrorist attacks of September 11, 2001 dictatorship, which in 1967 suspended many ship. were an attack on democracy and freedom— political liberties and forced the king to flee the Mr. ACKERMAN. Madam Speaker, I am not just against our people, but also against all country, lasted seven years. honored to rise today to salute the nation of freedom-living people everywhere in the world. Democratic elections in 1974 and a ref- Greece and celebrate the 181st anniversary of The Greek people understand this. erendum created a parliamentary republic, and Greek independence from the Ottoman Em- I congratulate the people of Greece and abolished the monarchy. pire. This great day in Greek history com- wish them a Happy National Birthday. Greece joined the European Community or memorates the successful struggle of the Mr. WOLF. Madam Speaker, I want to con- EC is 1981 (which became the EU in 1992). Greek people for national sovereignty. gratulate the Greek people on the 181st anni- I originally introduced a bill in March 2000, The Ancient Greeks forged the notion of de- versary of Greek independence from the Otto- calling for the return of the Parthenon Marbles mocracy, something for which the United man Empire. The thoughts and ideas ema- to their rightful home in Greece. States and the rest of the world will always be nating from the Greek Isles have had a pro- I am re-introducing that same bill tonight. thankful. Indeed, we owe Greece the inspira- found influence on the world. Ancient Greece’s Madam Speaker, I strongly urge my col- tion for our own democratic form of govern- embrace of democracy, contributions in philos- leagues to join me in congratulating the Greek ment. As Thomas Jefferson pointed out, ophy, spirit of athletic competition, and fierce people in their celebration of democracy. Once Greece is ‘‘the light which led ourselves out of adherence to freedom have shaped America again, congratulations on your 181st anniver- Gothic darkness’’. I think it is safe to say that in deep and significant ways. America would sary celebration! the Founders of both Greece and the United not be the country it is without the remarkable Mr. KIRK. Madam Speaker, I rise today to States would be proud of the tremendous influence of Greece. commemorate the 181st anniversary of the achievements of both nations. Again, I congratulate the Greek people on revolution that earned the independence of the Throughout the past 181 years, there have their country’s day of independence and hope Greek people from the Ottoman Empire. Near- been repeated challenges to the independ- for many, many years in which freedom and ly 400 years ago, after the fall of Constanti- ence of Greece, yet its people have stridently democracy reign throughout Greece. nople, Bishop Germanos of Patras raised the fought to maintain both their democracy and Ms. HARMAN. Madam Speaker, today, as Greek flag at Agia Lavras, sparking a powerful their independence. The United States and its Greece celebrates its 181st anniversary of its revolution against the Ottoman oppressors. people have been proud to stand by her and struggle for independence, I join my col- Following the triumphs of 1821, Greece con- provide strength, assistance and friendship to leagues in congratulating the people of tinued to prove itself as a loyal ally of the overcome those struggles. Greeks across the Greece and Greek-Americans, many of whom United States and an internationally recog- United States and throughout the world have I am proud to call constituents. nized advocate of democracy. Greece is one much to celebrate on this great day of inde- When we celebrate Greek Independence of only three nations in the world beyond pendence. Day, we celebrate the fight for freedom. An- those of the former British Empire to be allied

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 9920 E:\CR\FM\A19MR7.045 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H983 with the United States in every major inter- has poisoned the relations between Greece tors of Iranian society, including national conflict of the 20th century. In the Bal- and Turkey for so many years. youth, women, students, military per- kans, Greece has played a steady hand of de- I am concerned, however, that Turkey is sonnel and religious figures and that is mocracy in the face of regional unrest and in- once again not negotiating in good faith. Over pro-democratic, seeking freedom and stability. the years, I have become quite familiar with economic opportunity; Now, in the wake of September 11, Greece the Turkish side’s well-known negotiation tac- ‘‘Whereas, the Iranian people have in- again stands firm with the United States. Our tics. The Turkish side agrees to peace nego- creasingly expressed their frustration efforts in the war against terror would not be tiations on the Cyprus problem only for the at the slow pace of reform while still as successful without the continued assistance purpose of undermining them once they begin pursuing nonviolent change in their so- from our allies in Greece. Greece’s role as a and then blames the Greek Cypriots for their ciety; stable democracy and key NATO ally is critical failure. ‘‘Whereas, in four consecutive elec- as the international community fights against The time has come for Denktash to realize tions the Iranian people have opted for global terrorism. his demands for recognition of a separate nonviolent reform; On this special occasion, I commend and state are not acceptable. The framework has ‘‘Whereas, following the tragedies of thank the Greek people for their spirit and already been laid by the United Nations Secu- September 11, 2001, thousands of Ira- their ongoing pursuit of peace. To Greece, a rity Council’s Resolutions establishing a bi- nians filled the streets spontaneously free and democratic ally: ‘‘Cronia polla hellas’’. zonal, bicommunal federation with one single and in solidarity with the United Mr. PALLONE. Madam Speaker, on March international personality and one single citi- States and the victims of the terrorist 25th, Greece celebrates its 181st year of inde- zenship. attacks; and pendence. I am here tonight to praise a soci- Like their forefathers who were under the ‘‘Whereas, the people of Iran deserve ety that represents, in a historical sense, the control of a hostile foreign power for four cen- the support of the American people. origins of what we call Western culture, and, turies, the Cypriot people hold fast in defiance ‘‘Now, therefore, be it resolved by the in a contemporary sense, one of the staunch- of their Turkish aggressors with every con- House of Representatives, the Senate est defenders of Western society and values. fidence that they will again be a sovereign na- concurring, that the Congress of the There are many of us in Congress, on both tion. They will. And the United States will be United States expresses its heartfelt sides of the spectrum, who are staunchly com- by their side in both the fight to secure that gratitude and appreciation to the cou- mitted to preserving and strengthening the ties freedom and the celebration to mark the day rageous people of Iran for their brave between Greek and American people. I would when it finally arrives. expressions of support following the particularly like to thank the co-chairs of the I will continue to work with my colleagues September 11, 2001, attacks on the Hellenic Caucus, Congressman BILIRAKIS from here in Congress to ensure that the United United States; ‘‘Two, recognizes and supports the Florida, and Congresswoman MALONEY from States government remains on the right side people of Iran in their daily struggle New York for their fine leadership and their of this issue—because there is no gray area for democracy, reform, human rights, tireless efforts to strengthen the ties between when it comes to this conflict. our two countries. In closing I want to congratulate the Greek economic prosperity and the rule of Just two years after the Greek people people for 181 years of independence and law; ‘‘Three, makes a clear distinction be- began the revolution that would lead to their thank them for their contributions to American tween the peace-loving people of Iran, freedom, one of our predecessors in this life. endowed with a rich culture and his- Chamber, Massachusetts Congressman Dan- f tory and the unelected officials of Iran; iel Webster, referring to the 400 years during INTRODUCTION OF CONCURRENT and which the Greeks were ruled by the Ottoman RESOLUTION SUPPORTING THE ‘‘Four, urges the President of the Empire, observed, ‘‘These Greek people, a PEOPLE OF IRAN United States to: people of intelligence, ingenuity, refinement, ‘‘A, engage and support the people of The SPEAKER pro tempore. Under a spirit, and enterprise, have been for centuries Iran in their legitimate aspiration for previous order of the House, the gen- under the atrocious and unparalleled Tartarian freedom and democracy; barbarism that ever opposed the human race.’’ tleman from Minnesota (Mr. GUT- ‘‘B, to continue to pursue areas of The words Congressman Webster chose KNECHT) is recognized for 5 minutes. common interest with the people of then to describe the Greek people—intel- Mr. GUTKNECHT. Madam Speaker, I Iran while taking an uncompromising ligence, ingenuity, refinement, spirit, and en- rise tonight to talk about a resolution stance on terrorism, weapons of mass terprise—are as apt today as they have ever which I have had drafted and will be in- destruction, and the human rights of been. troducing very shortly, and I hope my Iranian citizens; and In the years since, Americans and Greeks colleagues will join in supporting. I ‘‘C, to use available diplomatic have grown ever closer, bound by ties of stra- would like to read it tonight. It is a means to support the Iranian people’s tegic and military alliance, common values of resolution supporting the people of demand for an immediate release of all democracy, individual freedom, human rights, Iran: political prisoners and for the removal and close personal friendship. ‘‘Concurrent resolution, expressing of the ban on the freedom of the press.’’ The qualities exhibited by the nation of the sense of Congress in support of the Madam Speaker, I hope my col- Greece, Madam Speaker, are a reflection of people of Iran and their legitimate leagues will join me in supporting this the strong character and values of its indi- quest for freedom, economic oppor- important resolution. We need to send vidual citizens. The United States has been tunity, and friendship with the people a clear message that we stand with the greatly enriched as many sons and daughters of the United States. freedom-loving people of Iran. of Greece made a new life in America. They, ‘‘Whereas, the first day of spring, f and their children and grandchildren, have en- celebrated by millions worldwide as riched our country in countless ways, contrib- Nowruz, the Persian Iranian New Year, FISCAL RESPONSIBILITY uting to our cultural, professional, commercial, symbolizes renewal, birth and new be- The SPEAKER pro tempore. Under a academic, and political life. ginnings; previous order of the House, the gentle- The timeless values of Greek culture have ‘‘Whereas, the people of the United woman from Ohio (Ms. KAPTUR) is rec- endured for centuries, indeed for millennia. As States respect the Iranian people and ognized for 5 minutes. Daniel Webster noted, 400 years of control by value the contribution that Iran’s cul- Ms. KAPTUR. Madam Speaker, in the Ottoman Empire could not overcome the ture has made to the world civilization the memory of our former beloved col- Greek people’s determination to be free. But, over three millennia; league, Claude Pepper of Florida, who I regret to say, Madam Speaker, to this day, ‘‘Whereas, the United States recog- fought at our side in 1938 to preserve the Greek people must battle against oppres- nizes the legitimate aspiration of the the Social Security system, I rise this sion. For almost 27 years now, Greece has Iranian people for democratic, civil, evening to make my remarks. stood firm in its determination to bring freedom political and religious rights and the I want to talk about fiscal responsi- and independence to the illegally occupied na- rule of law; bility, responsibility to our Nation, re- tion of Cyprus. ‘‘Whereas there exists a broad-based sponsibility to the future, responsi- Given instability around the world, now is a movement and desire for political bility to our children, responsibility to good time to heal the wound in Cyprus that change in Iran that represents all sec- our senior citizens.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.062 pfrm04 PsN: H19PT1 H984 CONGRESSIONAL RECORD — HOUSE March 19, 2002 Hubert Humphrey used to place par- American’s 35 million senior citizens domestic programs. We are in this fix ticular emphasis on those Americans will not get a prescription drug benefit. because the trillion dollar tax cut over who are in the dawn of life and those It means that programs for women, 10 years, enacted last year, left us no who are in the twilight of life. I also infants, and children will be endan- room to deal with the emergency we rise to talk about fiscal responsibility gered. For the people in the dawn of are now facing. to our veterans who have sacrificed and life and the twilight of life, this budget I want the people of the 15th District are sacrificing so much to keep free- gives the back of its hand, and it is not of Texas to know what the 2003 budget dom’s flame burning brightly in Amer- right. will mean to them. It means that peo- ica and throughout the world. Over the 5-year period from 1996 to ple in my district will not get vital as- Last week the Congressional Budget 2000, Enron paid no taxes for 4 of the sistance to combat our decade-long Office reported that the President’s last 5 years and received a net tax re- water drought because the President budget spends $1.63 trillion of the So- bate of $381 million. This includes a has eliminated the Drought Assistance cial Security trust fund surplus over $278 million rebate in the year 2000 Program from the 2003 budget. the next 10 years. That is $261 billion alone. Over the same period, the com- It means the ‘‘One Stop Capital more than the administration initially pany’s profits, before Federal income Shop’’ that helps small minority busi- claimed. The budget office also reports taxes, totaled $1.785 billion. Just their nesses stay in business in the poorest that the President’s policies spend So- profits. In none of those years was the county in the Nation will have to close. cial Security trust fund money in company’s pretax profit less than $87 It means there will be even less fund- every single year for the foreseeable fu- million. At the 35 percent tax rate, ing to combat the epidemic of tuber- ture. Enron’s tax on profits in the last 5 culosis, hepatitis, and HIV/AIDS that We have heard the administration of- years should have been $625 million. is rampant on the southern border and, ficials, and some Republican leaders But the company was able to use tax if not checked, will spread throughout are extremely unhappy with the Con- benefits from stock options and other the country. gressional Budget Office for telling the loopholes to reduce its 5-year tax to Finally, it means that the bipartisan truth; but that is why we have a Con- substantially less than zero. Among education bill, of which we were all so gressional Budget Office, to provide the loopholes that Enron used to avoid proud because President Bush signed it nonpartisan information, whether we tax liability was the creation of more in January 2002, will not be fully fund- like the results or not. We rely on it to than 800 subsidiaries in tax havens ed, and poor and minority children will be factual. such as the Cayman Islands. again be shortchanged. That is not Tomorrow, Madam Speaker, this Madam Speaker, is it any wonder right. body will take up the President’s budg- that we cannot do the right thing for et for fiscal year 2003, and the unfortu- f America’s children, for America’s vet- nate reality is that the President’s The SPEAKER pro tempore. Under a erans, and America’s seniors? Is it any policies will lead to the exhaustion of previous order of the House, the gen- wonder that this Congress cannot act the entire Social Security trust fund tleman from Kansas (Mr. MORAN) is responsibly? Is it any wonder that the surplus for the next 10 years and then recognized for 5 minutes. Social Security trust fund is being vio- some, according to the House Com- (Mr. MORAN of Kansas addressed the lated every day, even as I speak here? mittee on the Budget minority staff. House. His remarks will appear here- The administration does this by As long as the big campaign contrib- after in the Extensions of Remarks.) utors call the shots in Washington, we using off-the-books accounting. We f learned from the Enron-Arthur Ander- are going to see continued raids on the sen scandal that off-the-books account- lockbox, and the American people are CITIZEN SOLDIER AND AMERICAN ing can get us into big trouble in a going to have to pay the bills that PATRIOT RELIEF ACT Enron, with an assist from the politi- hurry. Indeed, even the administration The SPEAKER pro tempore. Under a cians, avoided. admits that it spends some of the So- previous order of the House, the gentle- The responsible vote tomorrow on cial Security surplus despite Repub- woman from Oregon (Ms. Hooley) is the budget resolution is ‘‘no.’’ lican promises last year they would recognized for 5 minutes. protect 100 percent of the Social Secu- f Ms. HOOLEY of Oregon. Madam rity trust fund surplus. The SPEAKER pro tempore (Mrs. JO Speaker, yesterday the Oregon Na- Remember the lock box promise? ANN DAVIS of Virginia). Under a pre- tional Guard’s 42nd Air Ambulance Well, the Republicans have picked the vious order of the House, the gen- Company, headquartered in our State lock and are proceeding to take our tleman from California (Mr. ROHR- capital, Salem, Oregon, received word money out of the lock box every day, ABACHER) is recognized for 5 minutes. it had been activated in support of Op- money that belongs to the senior citi- (Mr. ROHRABACHER addressed the eration Enduring Freedom. zens of this country. House. His remarks will appear here- The Air Ambulance is no stranger to The Bush administration inherited a after in the Extensions of Remarks.) call-ups. They were last activated to $5.6 trillion surplus; but now 8 months f serve in Bosnia, where they garnered later, $4 trillion is gone and that jumps heavy acclaim. Nor is the Oregon to $5 trillion next year if we take their FISCAL YEAR 2003 BUDGET Guard a stranger to call-ups. Although budget on its word. The SPEAKER pro tempore. Under a we have just over 6,000 Guardsmen and Madam Speaker, this is the most rad- previous order of the House, the gen- women, Oregon trails only Texas and ical fiscal reversal in American his- tleman from Texas (Mr. HINOJOSA) is Georgia in the number of activated tory. The budget surplus is exhausted, recognized for 5 minutes. troops, and each of those States has deficits are back, and the lock box is Mr. HINOJOSA. Madam Speaker, this 20,000-plus soldiers and airmen. gone. week we in the U.S. Congress will de- That is a testament to the Oregon What does it mean? For one thing it bate the budget resolution for fiscal Guard’s military readiness, especially means that Congress may not be able year 2003. Last year, after almost a in light of the fact that we do not have to provide relief for the Medicare pro- decade of work, we finally had a budget any active duty military bases in our viders who are facing deep cuts in re- surplus. This year, we will again State, except for Umatilla Depot, imbursement. plunge into deficit spending and raid which is largely a repository for chem- b 2000 the Social Security and Medicare trust ical weapons. It means veterans will have to pay funds. As I speak, F–15s from the Oregon Air more for prescription drugs. The Vet- No Member of Congress is opposed to Guard are patrolling the skies above erans Administration is proposing to paying the necessary cost of defending North America, being assisted by air raise the copayment for veterans by 250 our country, securing our homeland, traffic control units. All this is hap- percent. and supporting our military personnel. pening while an additional 500 Guards- It means the wealthiest Americans However, this defense did not have to men are preparing for a lengthy de- will continue to get giant tax cuts, but come at the expense of other important ployment in the Sinai Desert, and a

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.105 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H985 military intelligence company from woman from California (Ms. receive $5.8 billion in this budget, but Lake Oswego is rotating through Bos- MILLENDER-MCDONALD) is recognized Democratic women have noted that nia. for 5 minutes. there will be a decrease of $1 billion Madam Speaker, these deployments Ms. MILLENDER-MCDONALD. from the 2002 fiscal year. This is a very come at a high personal and profes- Madam Speaker, I rise today as we cel- large reduction in the CDC budget. sional cost. Activated Guardsmen and ebrate Women’s History Month to re- We all agree that every child born women not only leave behind their view some of the budget items that im- should be a healthy baby. It is dis- families, they leave behind careers and pact on women’s issues. appointing to see that the Birth De- their own businesses. Additionally, the There are some issues in the FY 2003 fects and Developmental Disabilities Pentagon often activates these units budget proposal impacting on women Center will receive $1 million less than for 179 days, a day short of the 180-day- that I would like to bring to the atten- last year. period which would give nonprior-serv- tion of my colleagues. There is also a tragic imbalance and ice Guards VA benefits. Many of these It was disappointing, Madam Speak- racial disparity in terms of babies born activated troops lose their private er, to find that the title X family plan- in the African American and white health insurance, forcing their families ning program is not going to see an in- communities in our country. A black to enroll in military health insurance crease in funding. In fact, the program baby born today is twice as likely to plans, which means a whole new set of will be level funded at $266 million for die within the first year of life as a doctors, dentists and pharmacists to the 2003 fiscal year. white baby. That baby is twice as like- Title X is the only Federal program deal with. ly to be born prematurely and at low devoted solely to the provision of fam- The list of hardships goes on and on. birthweight. In order to help address ily planning and reproductive health They are well known to anyone who these major problems and health con- care. The program is designed to pro- cerns, we would like to see a modest cares about the impact this war is hav- vide access to contraceptive supplies amount of $3 million restored to the ing on our local communities. That is and information to all who want and Public Health Service’s Office of Mi- why I think it is important that our need them. Title X is designed to assist nority Health that is located in the De- Guards and Reservists receive more low-income women. For many clients, partment of Health and Human Serv- than just a pat on the back for the job especially women of color, title X clin- ices. they are doing in this war against ter- ics provide the only continuing source The Fiscal Year 2003 budget includes rorism. of health care and health education. I am developing comprehensive legis- A growing number of uninsured $156 million for environmental disease lation which would remedy some of the women desperately need this care of- prevention. This is a $1 million reduc- concerns I just mentioned. The Citizen fered by title X clinics, because they tion. Cutting funding for environ- Soldier and the American Patriot Re- cannot meet the increase in cost of mental disease prevention is another lief Act recognizes the sacrifices made Federal services. If the title X program unfortunate budgetary reduction. by our citizen soldiers, and I look for- had kept pace with inflation in recent Madam Speaker, we Democrats are ward to sharing it with my colleagues. years, it would now be funded at $564 deeply disappointed with this budget Until then, I ask that every Amer- million. That would have been more and believe that it will have some very ican keep all of our troops in their than double the current level. unfortunate repercussions for the well- thoughts and their prayers. It is be- We Democratic women are pleased to being and provision of social and cause of our military men and women see that the budget would provide $8.4 health services to the American public, and their service, and their service million for the Women’s Bureau at the and particularly how these cuts will af- alone, that we enjoy the privilege of Department of Labor. Unfortunately, fect women. meeting in this institution, free from this is a decrease of $1.8 million from f terror and other failed attempts to the 2002 fiscal year. The question I 2003 BUDGET RESOLUTION AND strip away our liberty. have, Madam Speaker, is what services NATIONAL SECURITY I thank all of our military men and to women are going to be cut to make women for their service. up for this shortfall? The SPEAKER pro tempore. Under Already, one organization has been the Speaker’s announced policy of Jan- f threatened with closure. Women Work, uary 3, 2001, the gentleman from Colo- The SPEAKER pro tempore. Under a the national network for women’s em- rado (Mr. TANCREDO) is recognized for previous order of the House, the gen- ployment, was led to believe that the 60 minutes as the designee of the ma- tleman from Maryland (Mr. WYNN) is Women’s Bureau did not intend for its jority leader. recognized for 5 minutes. continuing funding. Happily, this did Mr. TANCREDO. Madam Speaker, (Mr. WYNN addressed the House. His not happen. Programs continue to be several of our colleagues on the other remarks will appear hereafter in the needed to assist women to find their side of the aisle have risen tonight to Extensions of Remarks.) way into employment. The Women’s decry the budget that has been pro- f Bureau, especially the decentralized posed by the majority party and that The SPEAKER pro tempore. Under a Women’s Center, have played a major we will be voting on tomorrow, the previous order of the House, the gen- role in this area and deserve to be fully budget resolution, that is to say, and tleman from Illinois (Mr. KIRK) is rec- funded. they have each identified specific parts ognized for 5 minutes. The welfare of children is, of course, of it that they find unattractive, unap- (Mr. KIRK addressed the House. His of great concern to all of the Members pealing, or in some way something that remarks will appear hereafter in the of this House, not just the women they can complain about. Extensions of Remarks.) Members. I am pleased to see that this The real issue, of course, that is per- budget includes $421 million for child haps annoying to them, I think, or at f welfare and abuse programs. These least discomforting to them, and the The SPEAKER pro tempore. Under a funds provide services to prevent child one that was never referenced, but is previous order of the House, the gentle- abuse and neglect. While it is laudable the one accurate representation of the woman from Texas (Ms. JACKSON-LEE) that this money has been allocated to budget resolution that the majority is recognized for 5 minutes. such a worthy cause, it must be noted party will offer tomorrow, is that it is (Ms. JACKSON-LEE of Texas ad- that the funding has been maintained balanced. That is to say, this budget dressed the House. Her remarks will at the same level as last year. resolution will set out for the Congress appear hereafter in the Extensions of Americans want to see all children in of the United States and for the Amer- Remarks.) happy and safe homes and protected ican people a budget that will spend no f from abusive situations. For this rea- more money than we will take in. son, Democrats would like to see these Now, this is something that is not THE FISCAL YEAR 2003 BUDGET programs strengthened. very comfortable to the minority The SPEAKER pro tempore. Under a It is pleasing to see that the Centers party. They have really not operated previous order of the House, the gentle- for Disease Control and Prevention will under that kind of restriction for as

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.110 pfrm04 PsN: H19PT1 H986 CONGRESSIONAL RECORD — HOUSE March 19, 2002 long as they held control of this House. it even more clear, that is, if it is not of the country they are entering; and For 40 years, of course, profligate clear, it is not your responsibility, it is some of them, certainly not all, thank spending of the minority party Mem- the responsibility of the States and the God at this point in time, but some of bers, when they were in control of this people therein. them have ill-intent. Some of them House, put us into a situation that we But there is something that is choose and come here with the very in fact had robbed the Social Security uniquely our responsibility, and that is purpose of doing us harm. trust fund every single year. There the defense of the Nation. We cannot Many others, unfortunately, who were IOUs in that trust fund that ap- rely upon States individually to raise come across the border, do not choose proximated $800 billion by the time the budget to defend the country to do us any physical harm, but are not that we took over. through any other process. That, of really connected to the United States In the last 4 years, something again course, is our responsibility. There are in any way similar to the immigrants that the minority party does not dis- several ways to do that. One is to make who have come to the United States in cuss when they talk about the budget sure that our military is quality fund- the heyday of immigration, in the past or our control during that period of ed, make sure that the men and women 100 years or so. For the most part, peo- time, in the last 4 years we have paid serving in the military of the United ple coming into the United States dur- down almost $450 billion of the na- States have every possible weapon at ing that period of time, during the tional debt. That is an unheard of, un- their disposal and in our arsenal that 1800s, early 1900s, came with the dis- precedented phenomenon that came as would first protect them; and, sec- tinct purpose to separate themselves a result, of course, of the fact that we ondly, get the job done wherever we from the land from which they came, had an economy that was expanding send them. and to attach themselves to a new land and government revenues were increas- Time and again when we are watch- and a new idea and new set of prin- ing. ing television or reading reports in the ciples. They wanted to break the polit- But does anyone listening to the de- Congress about the marvelous and in- ical and even linguistic ties they had bate tonight on this floor think for a credible undertakings with which the with their country of origin and start second that if the Democratic Party military is involved, we recognize that something new. They committed to had been in charge during that par- the valor of the men and women who America. Of course they wanted a bet- ticular period of time that we would serve really and truly is the bottom ter life and of course they looked for- have taken the dollars coming in to the line. We can give them all of the equip- ward to giving their children a better government and not spent them on new ment in the world, but it boils down to life, just like the immigrants of today programs and expanding the Federal the individual that is there on the field do. Government? of battle and what is in his or her heart But there is a significant difference. at the time. We can be proud and we b 2015 Millions of people are looking for that are proud of the people that serve in better life, but they are not disasso- Madam Speaker, I hasten to add that our military, and we work hard to I think even Members of the other ciating themselves from the country of make sure that they have what is nec- their origin, not linguistically, not cul- party would recognize that is the his- essary to get the job done and to pro- tory that they give us. So to come to- turally and sometimes not even politi- tect them because they are, in turn, cally. night, and I am sure as will happen to- protecting the Nation. morrow to the floor of the House of We recognize that the fight for the Today, as I speak, we find that there Representatives, and talk about the Nation, that the battle goes on in a va- is something happening in the United need to be more concerned or more fo- riety of different venues. It is not like States which has never happened be- cused on the budget issue begs the any other war. This has been said many fore, and that is a dramatic rise in the question. times. The war we are in is not like number of people who are here in this What happened when they had the any other war we have ever been in, or country, relatively recent immigrants reins of control here? What did they likely to be in, in that it will not be to the United States, who claim dual do? The fact is that they spent not only marked by a confrontation between citizenship. That is to say they claim every dollar that came in, but hun- two huge armies until one capitulates to be both Americans and citizens of dreds of billions of dollars that did not and the state that they represent or the country of their origin. They come in, hundreds of billions of dollars are fighting for has fallen. That is cer- choose not to break those ties. Now that we had to borrow from the tax- tainly not going to be the conflicts of that I would suggest, Madam Speaker, payers. the 21st century. The conflict arises in has never happened before. That is a We have tried to change that direc- Afghanistan, the Republic of Georgia, new phenomenon. Something is pecu- tion in the last 4 years; and we are the Philippines, and Indonesia. All over liar about that, and something is dan- going to offer a balanced budget, a the world, we find we have to stamp gerous about that when we talk about frightening concept perhaps to the out the tentacles of fundamentalist what is going to be necessary in order other side, but it is one with which Islam as represented by al Qaeda spe- for us to survive this clash we are in they will have to deal. cifically, and the terrorists who have with international terrorism, which The primary issue that I raise to- as their end-desire the destruction of can be characterized as a clash of civ- night is not, however, the one dealing this Nation. ilizations. with the budget. There will be plenty We know that is the case, and we Samuel Huntington in a book I ref- of discussion dealing with that tomor- know we are doing a good job there. I erence often called ‘‘Clash of Civiliza- row; but it is the issue of our national commend the President of the United tions’’ talks about the fact that the security, because of course that is the States for his leadership and my col- United States will be significantly hob- most important thing with which this leagues for their support of all of the bled in its ability to lead the West if we Congress can ever deal. Whether we are appropriations that have been passed ourselves are a cleft Nation, a Nation talking about budget or anything else, and made available so that all of the divided in half. That is exactly what is the reality is we have relatively few people out there are fully equipped. happening to us, and one of the reasons true responsibilities given to us by the But there is another thing, there is why I have raised the concern about Constitution of this Nation. They are another side to this battle that we pay massive immigration, legal and illegal, delineated in the Constitution, and the little attention to, unfortunately. Far into the United States, over the past Constitution is added to by the Bill of too little attention. It is the battle couple of decades. Rights. that goes on to defend our own borders. The agency to which we entrust the The last of the 10 amendments to the The one thing that is typical in this responsibility for protecting our bor- Constitution is very specific, and it battle, in this war, typical to other ders and for helping us maintain some says in case there is something you are kinds of wars we have been in, is the sense or even a tiny bit of hope that we confused about in the list of things fact of invasion where large numbers of can actually control the process of who that are the responsibility for the Fed- people come across the border of one comes in, for how long, for what pur- eral Government, we are going to make country undetected without permission pose and knowing when they leave, the

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.115 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H987 agency to which we entrust that re- regional office for 12 years, and I am feelings exactly, coming from the Cato sponsibility is the INS, the Immigra- aware of the difficulty of trying to Institute. The Cato Institute is again tion and Naturalization Service. manage an enterprise that is peopled an organization of, I think, great allure This agency has 35,000 employees. It by employees who have civil service for some people, I use some of their has a budget of about $7.5 billion. In protection, and in my case had the pro- stuff myself, but the Cato Institute is a the budget resolution we are going to tection of the public employees union. Libertarian think tank. Their position pass tomorrow, it will call for about a It is difficult to fire somebody from on these issues of immigration is quite billion dollar increase. It is an increase doing a bad job. clear, open borders. of 250 percent over the last 10 years. I Indeed, Mr. Ziglar said in a recent They have every right to espouse bring that up because we are going to television interview which I watched, that position at the Cato Institute. Mr. hear from that agency when we talk when he was questioned about the Ziglar, when he was the Doorkeeper for about the problems within it that they problems in the INS, specifically what the Senate, had every right to feel that do not have enough money, they do not was going to happen to the people who way, to espouse that point of view. He have the resources. They will talk had approved the visas for Mohammed is now the Commissioner of the INS. I about not having enough people, but in Atta and his colleague Marwan al- would suggest that that is akin to the fact we have actually increased the Shehhi, the visas that arrived on old fox in the henhouse. There are a number of people serving in the INS by March 11, 2002, 6 months to the day million analogies you can come up 83 percent over the last decade. A 250 after they were killed in their attack with, but it is a wrong place to be for percent budget increase, 83 percent per- on America, visas arriving at the him. He is the wrong person to put sonnel increase, and what do we have school that they were attending to there. to show for it? We have an agency that learn to fly, that has made the news. Now he is forced to try to defend the is incapable of managing the responsi- That has made a lot of people begin to actions of this agency which heretofore bility that is given to it. They are both say, What is going wrong? That is a pe- have been allowed to essentially begin incapable and undesiring of doing so, culiar thing. an open border or continue the process and that is the real crux of the matter of developing open borders, because it b 2030 here. is not unique to this administration, of Madam Speaker, if we had an agency When Mr. Ziglar was questioned course; but now, because of 9/11, be- made up of people from the top to the about this, he said, I can fire no one, cause of all these embarrassing things bottom who had the intent, the desire absolutely no one that was responsible that have happened, he is forced to try internally to patrol the borders of the for this. I have control over five or six to defend this situation and to say, we United States and make sure that our people, but that is it. really are trying. Because he is not Nation is secure against people who are We remember that the President said going to stand up and say, I am still coming in illegally, making sure that he was furious, he was mad, hopping committed to open borders, I do not the people who do get by them there mad or some words to that effect, but think, so he is going to have to suggest are found in the United States and de- no one was fired. Furious is another that there is a way he is going to deal ported, making sure that the people way I think you could describe the with this. who are here even legally but then President of the United States about But in reality, Madam Speaker, there commit some crime, taken to court this incident. But no one was fired. is nothing that is going to change in and ordered deported, making sure that Four or five people had their job titles that agency, and there are bills, I those people leave the country, if we changed. That was it. That was the re- know, that are being proposed to do had an agency like that, we could be sponse to the visa flap. that, to actually split the agency in somewhat sympathetic to their needs It is almost incredible, Madam two so that it has as its one responsi- and desires and to their protestations Speaker, but it is indicative of the bility the complete, what I call social of wanting to do a better job. problem we are having with this agen- work side of immigration, the benefits Today, the Subcommittee on Immi- cy and our need to do something about side, helping people get their green gration of the Committee on the Judi- it. card, helping people become legalized; ciary held hearings; and called in front As I say, Mr. Ziglar came from a situ- that is one thing. And then the other of them, among others, were the com- ation that did not give him any sort of side is enforcement. Today they are missioner, the head of the INS, Mr. real background. He came to this posi- sort of a mixed bag, and they do nei- Ziglar. I want to preference my re- tion after having served as the Ser- ther one, not just they do not do it marks by saying that Mr. Ziglar seems geant at Arms and Doorkeeper for the very well, they are a complete disaster to be a very nice man, a very pleasant Senate. That was his job. That is his in both cases. individual. I have no doubt of that. background. Again, I want to reiterate, So just splitting that agency, keep- Certainly that is my observation. I am sure he is a very pleasant fellow. ing all the people there, the same peo- But I am going to make another ob- That is not the issue. The issue is, we ple who internally, in their minds, are servation here; and that is from every- are in a world of hurt here. not on the right side of the issue, they thing I have been able to see, read and There is another aspect to his philos- are not intent on trying to defend our hear about Mr. Ziglar and the situation ophy that needs to be brought up. He borders, Mr. Ziglar actually said that in the INS, I will say that he is in has stated on more than one occasion himself at some point in time in a water way over his head; that he is not that he is a lifelong Libertarian. Fine. more candid interview, I think it was, really capable to do what we have There are certain aspects of Liber- with, I think it was the New York asked him to do. Perhaps we should not tarian philosophy that I think are in- Times. He said, ‘‘I don’t like the police- blame him. Perhaps the fact that we triguing, but the fact is, there is one man part of my job. I don’t want to be brought him from a position that had part of it that is quite peculiar when a policeman. I don’t like that.’’ Of absolutely nothing to do with immigra- you consider that to then place him as course, the reality is, most of the peo- tion, perhaps the fact that he has abso- the head of the INS, the agency de- ple who are there in that agency do not lutely no background in the area of im- signed to help us control the border be- like it and do not want to be that. migration or immigration control, per- cause, of course, Libertarians believe I am going to try to narrow it down, haps that is the problem; that no one that we should have no borders, that because I am not talking about the with a similar background could pos- borders are sort of artificial and sort of men and women who serve on the bor- sibly be expected to begin to wield con- anachronistic barriers to the flow of der, the Border Patrol people, the trol in an agency of 35,000 people, all goods, trade, ideas and people, there- agents whose job it is to try to find bureaucrats for the most part, or I fore, we should abolish them and have people in the United States who are should say they are mostly bureau- these open borders. here illegally. For the most part, I crats. I think there are 5 or 6 political Not only does he feel that way, but should tell you that almost every sin- appointees in that entire agency. the one political appointment he was gle one of them I have met, and I have And it is difficult, certainly, I know. able to bring in as his second in com- met many, are dedicated to doing ex- I ran the Department of Education’s mand is a gentleman who shares those actly what that job says. They are

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.117 pfrm04 PsN: H19PT1 H988 CONGRESSIONAL RECORD — HOUSE March 19, 2002 dedicated to trying to stop people from I said, ‘‘That’s incredible. I’ll check just from 1996. We don’t know. It could coming here illegally and find them with the INS.’’ be a lot more than that. It could be when they are here, but they know Of course we called them. I often say double that amount.’’ that there is absolutely no support on the floor of the House here that the They said, ‘‘Well, you’re right, we’re they get from anyone up the ladder in logo for the INS, something that not sure ourselves. We’re not sure our- their administration. They are, most of should be on all of their documents, on selves.’’ them, afraid to talk openly about this. the top of everything they send out, Then today I am told, in response to Mr. Cutler today did testify in the the logo on their Web site for the INS this, they said, ‘‘We don’t think he is hearing that I mentioned, the Sub- should simply be a person shrugging right, either.’’ But, Madam Speaker, committee on Immigration from the their shoulders. That is it. INS, that this was evidently something that Mr. Committee on the Judiciary, Mr. Cut- guy going, ‘‘I don’t know, I’m not Ziglar said in response to a question, ler felt a little freer to talk today be- sure.’’ Because that is all you get from that he does not think these numbers cause, frankly, he was fired last week. them, whenever you call them, ‘‘I don’t that Mr. D’Agostino has pointed out Although the INS will suggest it was know, I’m not sure. Could be.’’ are right. He does not know. not because he is a whistleblower, I We said, ‘‘Do you realize there are a But this is the guy that told me he think that it is hard to make that case. couple of hundred thousand people, did not know it even existed. So why I think he was fired because he is a that someone has alleged that there would we feel comfortable in listening whistleblower. That sends, of course, are a couple of hundred thousand peo- to him tell us what the real numbers shock waves throughout the INS. Peo- ple here?’’ are when he did not know that they ple become less and less willing to say They say, ‘‘We don’t know.’’ We kept, even had a problem? This is the head of what they know to be the case. of course, pushing the issue. Finally, the agency. We do not know how many. I had a similar situation, someone, we got the INS to say that yes, they Let us say it is between 300,000 and 1 not a patrol agent but a judge, an im- looked into it and maybe there were million. I think from everything I can migration law judge several months 200,000 people, 250,000 people. read, that is a pretty good guess. Be- ago called my office because he knows Shortly thereafter, I cannot remem- tween 300,000 and 1 million people have that I have been a critic of the INS. He ber the exact time line, but I happened simply walked out of immigration law said, ‘‘I’ve got to tell you something. to be at a meeting with Mr. Ziglar, the courts and back into society. I’ve been a law judge for X number of head of the INS. He was here in the This is a national security issue. years,’’ I will not say, because that House, he was meeting Members of the I started out my comments this could help identify him and he wants House. I went up to him at the conclu- evening by explaining that we are in a to be sure we do not do that. He says, sion of his speech. I said, ‘‘Mr. Ziglar, war. We are fighting it overseas, but we ‘‘I have been an immigration law judge do you know about these people who are not doing a very good job fighting for several years. I am frustrated to have been ordered to be deported but it here at home. The borders are the point that I just don’t know what they are still here?’’ He said, ‘‘Well, no, undefended and unprotected for the to do, because every single day I try I don’t.’’ most part. Good men and women, my best to make sure that the people I said, ‘‘Do you know how many we’re working hard, but frankly all we do is who are brought in front of me, that talking about?’’ He said, ‘‘No, I really we hand them a sieve to hold back the the adjudication process is fair; and don’t.’’ flood. when I know there is someone who I said, ‘‘There are at least a couple of They know that they are working should be sent back, who should be de- hundred thousand.’’ He said, ‘‘That really almost against their own agen- ported because they have robbed some- have been ordered deported?’’ cy. They will tell me that and they body, murdered somebody, raped some- I said, ‘‘Yes.’’ He said, ‘‘I don’t know. would tell you that if you went down body,’’ because frankly, Madam Speak- I don’t know anything about that.’’ er, you do not come in front of an im- on the border today, Madam Speaker, It was shortly thereafter that we got and you talked to them, they know migration court just because you have the information from the INS and it overstayed your visa. That is not it. that their agency does not support was, they said, a couple of hundred their efforts. Usually you have gotten caught doing thousand. It turns out, because we something and then they find out, by That has got to be the most frus- pressed the issue and because the trating feeling, to be putting your life the way, you are here as an alien or an media kept hounding them about ex- illegal, and they bring you to immigra- on the line, and I assure you they do. actly how many are there, how many There have been seven killed in the re- tion law court. have been actually ordered deported, He said, ‘‘Every single day, I bring cent past, seven Border Patrol people, they put out some sort of directive, the gavel down and order someone to by people who are simply waiting. By whatever, they sent something to Con- be deported and some of these people the way, not waiting just to cross the gress. have made threats against the United border and waiting for this Border Pa- In fact, after that, Mr. Ziglar testi- States. Every day they walk out of my trol agent to get by, but waiting to am- fied under oath in Congress to a spe- courtroom and they walk right back bush them, waiting in the bushes to cific number. He said there were 314,000 into American society.’’ ambush them, just to kill them, be- I said, ‘‘How can that be? What hap- that they had identified. Remember, he cause they hate America, for whatever pens?’’ told me first he had no idea, he had no reason, I do not know, but there have He said, ‘‘The problem is at that idea what I was talking about, he did been seven killed in the line of duty. I point in time, the INS is in charge of not know that there was anything like was made aware of that when I went incarcerating, taking them away. And that happening, he certainly did not down there, and that is in the recent they just don’t do it. They just don’t do know how many. But several months past. It is getting worse. It is getting it. Oftentimes the INS comes into the after that he testified in front of the more dangerous all the time. courtroom and they are supposed to be Congress, 314,000. I have tried to portray the picture, the prosecutor in the case, but they act Recently, a reporter for ‘‘Human an accurate picture of the INS, of the as the defense attorney. I know that Events,’’ Mr. Joseph D’Agostino, has organization to which we have en- there are thousands,’’ he says, ‘‘I think been doing his own work and looking trusted the responsibility of protecting hundreds of thousands of people who at the records. According to his anal- the border. have been allowed to essentially walk, ysis, it looks to him like there were b 2045 people that I know I and my colleagues 425,000 in just the last 5 years, from have ordered to be deported for various 1996 to 2000. We do not know because I have indicated that they have two reasons who are still simply out there is no record of anything that roles: one is in enforcement and one is there.’’ happened before 1996, people who in the social work side of things, the I said, ‘‘How many do you think?’’ walked away who are still here. benefit side of things. He said, ‘‘I’ve done some preliminary So he went back to the INS. He said, Let me tell you about a GAO report checking here, and I think there are at ‘‘Could this be? I have come up with at that came out just a month ago, re- least 200,000.’’ least 425,000. We don’t know. That is leased February 15. By the way, this is

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.120 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H989 one of a series of GAO reports on this The issue is, of course, this par- the Border Patrol’s own admission, it particular agency. This report focuses ticular agency and the security of the catches one alien in five, and admits on the benefit side, the social work side Nation is dependent upon having an or- that about 800,000 have slipped across of INS, the thing they tell us they like ganization like the INS do its job, do it this year. Others contend that this is to do and that they are good at. effectively and efficiently. I hope that inaccurate. These are the ranchers The GAO says the INS allows the I have indicated to you and to the down there, and they contend the agen- fraud to flourish by stressing that ap- Members and our colleagues the dif- cy only nets one in ten. An estimate is plications must be processed quickly. ficulty we would have if we were to that over 1.5 million unlawful aliens In some districts, adjudicators who de- just give this agency the responsibility have crossed into America in what the cide whether a benefit will be granted to actually increase border security. It Border Patrol calls the Tucson Sector. are ordered to spend no more than 15 has to be abolished. By the way, that is just one part of our minutes on an application. This effec- We have to start with something border, of course. tively discourages checking for fraud, new. It has to be something we create. Many border ranch owners are val- the study says. The President today, as I understand, idly apprehensive of speaking about The GAO found that 90 percent of has called for something far more dra- their desperate situation because of 5,000 petitions for workers sought by matic, far more significant than the likely retribution by narco-militarists, foreign companies, particularly in the original proposal to just split the agen- the drug runners, and coyotes, the Los Angeles area, were fraudulent, a 90 cy into two parts. He has called for the smuggling of human beings. Unsolved percent fraud rate. An official in the complete elimination of this part of murders and arsons are alarmingly or- INS operations branch said that a fol- the agency, the enforcement side, cre- dinary in Cochise County, so pure fear low-up analysis of about 1,500 petitions ating a brand new one that would com- keeps locals from speaking on the found 1,499 fraudulent. bine various other offices, various record. This is the same agency and, by the other functions of other agencies, in- The foot traffic is so heavy that the way, these are the things that we just cluding Customs and Agriculture, per- back country has an ambience of a gar- a few nights ago on this floor, we actu- haps DEA, putting them into one agen- bage dump and smells like an outdoor ally passed something called 245(i), and cy, with the clear purpose, the clear privy. In places, the land is littered a it provides amnesty for people who are line of authority, with people who are foot deep with bottles, cans, soiled dis- here illegally. If they come in, all they not philosophically inclined to open posable diapers, sanitary napkins, pan- have to do now, they can be here ille- borders, but actually have a belief that ties, clothes, backpacks, human feces, gally, but we have said to them, that, they have a responsibility to help de- used toilet paper, pharmacy bottles, okay, come on in and give us your ap- fend our borders. He has called for that syringes, et cetera. plication to determine if you are here U.S. Border Patrol agents are doing today, and I applaud his call for a new under certain guidelines, whether you the best they can, considering their agency, brand new, new people, and I have had a job for a long time, whether sparse numbers and the impossible ter- would suggest we take it out of Justice you are married. rain they patrol in four-wheel drive ve- We know the last time we did this, by and perhaps put it into Governor hicles, quad-runners and on foot. the way, fraud was rampant. Sham Ridge’s Homeland Security Agency. Agents of the Border Patrol have their marriages occurred in the hundreds of That would be appropriate. other fears besides being ambushed by Now, we have to do something like thousands. Bogus documents for work rock-chucking illegals and confronta- that, and it will be dramatic. It is a big histories were drawn up. We know that. tions with assault rifle-armed narcos. test of our will in this body and in the We know what happens. And we are They are not allowed to speak about going to entrust to the INS the respon- other body as to whether or not we can what they cope with each day. sibility to look at another 1 million. actually accomplish this, because, of This is what I mentioned, Madam By the way, Madam Speaker, the 1 course, there is a lot of turf we are Speaker, as being endemic in this million or so that will apply as a result going to be treading on, and in this agent. They have intimidated their em- of the 245(i) extension that we passed town turf is very important and people ployees so that they are afraid to speak will be added to the 4.5 million back- do not give up their turf, even a tiny out in what they see to be as clear vio- logged applications that the INS has little bit of it, without a big fight. lations of the regulations they are right now, so there will be 5.5 million What we are saying here is we have asked to uphold. backlogged. What do you think the INS to take some things away from you, One agent who spoke anonymously will do when they are told they have 15 and some things away from you, and said, Look, I can tell you a lot of sto- minutes for every one of these things? we have to put it into another agency. ries, but I have to be unnamed or I will Does anybody think anybody is going It is going to be tough. be blackballed and might lose my job. to get really checked here to determine It has to be done, and I will tell you He worriedly added, I have a family de- whether the background is appropriate why. People will often say, hey, who pending on me. for coming into this country? are we really afraid of? Are we afraid of Another agent of supervisory rank Now, I am told the 245(i) extension is the people coming across the borders? stated that smuggling traffic of Mexi- going to be held up in the Senate, part- They are just coming for jobs. They are cans has really slowed. We are experi- ly because Mr. DASCHLE does not want not really coming here to do us any encing a tremendous increase in what to give this win to the President, part- harm and that sort of thing. he calls OTMs. That is border lingo for ly because a particular Member of the Madam Speaker, I am going to be ‘‘other than Mexicans.’’ When queried Senate, of the other body, I should say, quoting from something here, an arti- about the ethnic makeup of the OTMs, has decided to put a ‘‘hold’’ on it. cle that was put out on WorldNetDaily, he answered Central and South Ameri- I hope the hold works. I hope they written by J. Zane Walley. A lot of the cans, Orientals and Middle Easterners. hold it forever. I hope they never, ever, references I will be making will be to When he was questioned about that let it go in the Senate, for whatever this particular article. It is called further, Middle Easterners, he said reason. I do not care. If they want to do ‘‘Arab Terrorists Crossing the Border.’’ yeah, it varies, but about one in every some political shenanigans, whatever This was a very elucidative analysis, ten that we catch is from a country it is, I hope they hold it and do not I think, of the problem, and something like Yemen or Egypt. pass 245(i), because it is the wrong that every American should be aware Border Patrol spokesperson Rene thing to do. of, especially when we talk about the Noriega stated that the number of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE need to make sure that we are fighting other than Mexican detentions has The SPEAKER pro tempore (Mrs. JO the war on terrorism both here and grown by 42 percent. Most of the non- ANN DAVIS of Virginia). The Chair abroad, because if we do not have a Mexican immigrants are from El Sal- would remind the Member to refrain two-front war, we will certainly lose. vador or other parts of Central Amer- from improper references to the Sen- The article says that to date, the ica, she said, but added that the agents ate. U.S. Border Patrol has apprehended, have picked up people from all over the Mr. TANCREDO. I thank the Speaker and this is up to this time of the year, world, including the former Soviet for that reminder. 158,722 illegals, just in the year 2001. By Union, Asia, and the Middle East.

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.122 pfrm04 PsN: H19PT1 H990 CONGRESSIONAL RECORD — HOUSE March 19, 2002 Arabs have been reported crossing er or not we actually can control our But I ask all of my colleagues to the Arizona border for an unknown pe- own borders or whether we should. overcome those very parochial, par- riod. Border rancher George Morgan Today I had an interesting discussion tisan interests in the hope of and in the encounters thousands of illegals cross- with a member of the press, specifi- desire to try and defend America as ing his ranch on a well-used trail. He cally a lady I think from USA Today, successfully as we are doing in Afghan- relates a holiday event: and it became apparent after a short istan. It is imperative that we do it ‘‘It was Thanksgiving, 1998, and I time she was annoyed with the fact here, also. Our very Nation’s survival stepped outside my house and there that I was pressing for border control. is at risk. were over 100 crossers in my yard. She put the pad away for a second and We recognize that, and we respond to Damnedest bunch of illegals I ever saw. talked to me, you know, sort of ‘‘off the call that the President makes when All of them were wearing black pants, the record’’; and she said you cannot we appropriate money and in every white shirts and string ties. Maybe really expect to do this. We are going other way indicate our support for the they were hoping to blend in,’’ he to turn into a police state. Are you effort to fight terrorism overseas. But chuckled. ‘‘They took off. I called the really going to try to keep these people why, why, Madam Speaker, is it so Border Patrol, and a while later Agent out? hard for us to get the same job done Dan Green let me know that they had So I said to her, Tell me the alter- here in the United States? been caught. He said all were Ira- native to trying to defend the border. It should be the first place we look, it nians.’’ Just tell me what you think the alter- should be the first thing we do, because According to Border Patrol spokes- native is? It is to abandon it. There is the defense of this country begins at man Rob Daniels, 10 Egyptians were ar- no other way. the defense of its borders. rested recently near Douglas, Arizona. You have two options. You either de- f Each had paid $7,000 to be brought from fend the border as well as you possibly can, and it does not mean we will abso- FISCAL RESPONSIBILITY AND THE Guatemala into Mexico and then across BUDGET the border. lutely be sure that no one will ever be According to the San Diego Union able to get into the country without The SPEAKER pro tempore (Mrs. JO Tribune, hours after the 9–11 attacks our permission. Of course not. ANN DAVIS of Virginia). Under the Speaker’s announced policy of January on the World Trade Center and the b 2100 3, 2001, the gentleman from Kansas (Mr. Pentagon, an anonymous caller led But we do everything that we can do, MOORE) is recognized for 60 minutes as Mexican immigration officials to 41 un- just like the President has said that we the designee of the minority leader. documented Iraqis waiting to cross are going to do outside the country. He Mr. MOORE. Madam Speaker, last into the United States. said we are going to do everything we year it was announced by the Congres- The Associated Press reported that have to do. sional Budget Office that, and I am Mexican immigration police detained I ask the President to do everything talking about February of last year, 13 citizens of Yemen on September 24, that he can do, and I certainly will do that the projected surplus over the 2001, who reportedly were waiting to everything I can do, and I will ask my next 10 years would be approximately cross the border into Arizona. The colleagues in this body to do every- $5.6 trillion. At that time, the sur- Yemenis were arrested Sunday in Agua thing that we as a body can do to stop pluses ran as far as the eye could see, Prieta, across the border from Douglas. people from coming into the United and everybody was talking about the Luis Teran Balaguer, in the northern States illegally, because it is dan- surpluses and how we might use those state of Sonora, said the evidence indi- gerous. surpluses to benefit our country. cates that they have nothing to do It is not just the person coming In fact, the debate at that time was with terrorist activities. across to get a job in a factory or a how we might use those surpluses to The Agua Prieta newspaper clearly field somewhere. We cannot discrimi- pay down our national debt, which was did not agree with his assessment. The nate. We do not know. It is not easy to approximately $5.7 trillion at that editor, Jose Noriega Durazo, claimed in determine which one is coming across time. The debate was how much we a front page El Ciarin headline, ‘‘Arab illegally for some purpose that is be- should pay down our surplus and terrorists were here.’’ He quoted Agua nign and which one is coming across il- whether we should pay down our sur- Prieta police officials as identifying legally for some purpose that is quite plus or if we should pay down our sur- the 13 Yemenis as terrorists. deadly. It is impossible for us to know plus, if we might pay it down too fast. Reportedly the Mexican immigration that. In fact, Chairman Alan Greenspan of police returned the Yemenis to a fed- We have only one ability, only one the Federal Reserve Board said there eral detention center near Mexico City, charge, only one responsibility. That is would be some danger in paying down but the new information would indi- to defend the border against all people our national debt too quickly. cate they were released and returned to coming across illegally. It is our re- Well, that problem has been solved. Agua Prieta. sponsibility as a Congress, and al- We no longer have surpluses. In fact, Carlos Carrillo, assistant chief, U.S. though there are many people who shy and I am not pointing fingers or blam- Border Patrol, Tucson Sector, told away from it, who are frightened by ing anybody here, but as the result of WorldNetDaily in a telephone inter- that because they know that politi- an economic slowdown, as a result of view Monday that nine Yemenis were cally we will be attacked by the immi- the horrible tragedy that confronted reportedly holed up in a hotel in the gration support groups and various our Nation on September 11 last year, border town of Agua Prieta, Sonora. other organizations, and by people who the economy slowed down, number one. ‘‘We have passed the tip on to the in fact have as their purpose, even here It was really put into a tailspin on Sep- FBI,’’ he said. When pressed for infor- in this body, there are many reasons tember 11. The surpluses have virtually mation, he said he could not confirm that many people vote against tight- disappeared. the number, because they were under ening immigration laws. Some are di- In fact, the $5.6 trillion surplus last OP/SEC, which is a counter-intel- rectly political. year that was projected over the next ligence acronym for ‘‘operations secu- Some people know that massive num- 10 years this year, in February of this rity.’’ bers of immigrants coming into the year, was projected by the Congres- The Border Patrol field patrol agent, United States, legally and illegally, sional Budget Office to be approxi- who spoke anonymously, confirmed the will end up supporting the Democratic mately $1.6 trillion. Somebody said to presence of nine Yemenis. The agent Party, and therefore they say, we do me when I was back home, what did said they could not get a coyote to not want to reduce immigration, you all do with the other $4 trillion? I transport them, and they are offering whether we are talking legal or illegal. said, well, it was a projected surplus. $30,000 per person, with no takers. Many people on our side are split in Projections are hopes for the future. The article goes on. Some people are that Libertarian camp that say, ‘‘I In fact, I speak virtually every week- being offered $50,000, specifically of want open borders,’’ or say, ‘‘I want end when I go home to either college Arab descent. This is happening at the cheap labor.’’ That is the problem we classes or high school classes, govern- same time that we are debating wheth- deal with here. ment classes. I remember several

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.125 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H991 months ago speaking to one high Too many people in Congress, both Madam Speaker, I yield to the gen- school government class. I was talking sides, Republicans and Democrats, tleman from Texas (Mr. TURNER). to them about the virtues of fiscal re- worked too hard to balance the budget Mr. TURNER. Madam Speaker, I sponsibility and paying down our na- to so easily slip back into our old hab- thank the gentleman from Kansas for tional debt, and what Chairman Green- its. I hope that does not happen. yielding to me. It is good to be here on span has taught us about long-term in- The President said several times, and this floor tonight with our fellow Blue terest rates benefiting and being low- I agree with the President whole- Dog Democrats, who have consistently ered as a result of fiscal responsibility heartedly, there are a couple of times stood up in this Congress for fiscal re- and fiscal restraint. when it is appropriate and sometimes sponsibility. I talked to this class about surpluses necessary to engage in deficit spending, I think all of us tonight have a great and deficits, and I said finally to the short-term deficit spending. One is in deal of concern about the suggestion class, these high school seniors in the time of war, and the other is in time of that we increase our statutory debt government class, ‘‘How would you de- recession. ceiling, because we all know that the fine a projected surplus?’’ One girl We were in recession, we are told now statutory debt ceiling is the last re- raised her hand, and she said, ‘‘Maybe we are coming out of recession, but we maining line of defense to protect us yes, maybe no.’’ I thought, what a may still be in a time of war. I do not from total fiscal irresponsibility in great definition. She could probably begrudge what the President has done Washington. give good instruction to some of our and what Congress has done in sup- We all thought that there was an- colleagues here in Congress who think porting the President in terms of some other line that protected us from fiscal that we can spend projected surpluses, deficit spending. But what I do want irresponsibility, and that is the pledge which we know not to be the case. and what I think we desperately need of this Congress never to spend the So- It is often said that our children are in this country is a plan to get us back cial Security trust fund monies on any- our future. I think no issue goes more to fiscal responsibility when the threat thing other than Social Security. directly to the heart of our Nation’s fu- to our Nation is past. Back in 1997, all of us here tonight ture than the debt limit, because what When they borrow, when families and were present when we voted for the we do now and what we do in the future businesses put together plans to pay off Balanced Budget Act of 1997. It re- is going to affect our children, our their debt, I go home virtually every versed a trend that had been present in grandchildren, and their children, be- weekend and I hear from families that the Federal Government for 30 years of cause they are going to have to pay off they live by three simple rules, and spending every year more money than the debt, whatever debt we accumu- they wish Congress would as well: the government took in. And for 3 late. Number one, do not spend more money years after that Balanced Budget Act, I think, again, Congress could learn than you make; number two, pay off we actually had a surplus in the every- something from our children and do your debts; number three, invest in the one. something better for our children. Ap- basics and for our future. As the gentleman from Kansas point- parently, Congress is one of the only The basics for the country are na- ed out, just a year ago it was projected groups that has not heard that sur- tional security, national defense, So- that we would have over $5.6 trillion in pluses can disappear, and now we are cial Security, Medicare, some transpor- surplus funds flowing into the Federal paying the price and have to make tation, things of that nature. The ba- Treasury over the next decade, but some tough choices. sics for a family are food, shelter, edu- then came a major tax cut, a recession, The President wants to raise and cation, health care, and all the things and a war. That surplus has dis- Secretary O’Neill wants to raise the that I think we could agree on. debt limit by roughly $750 billion. This I really think that Congress and this appeared. This year, for the first time in the would raise the public debt from $5.95 country need to be more like families last 4 years, the Congress is looking at trillion to $6.65 trillion. I am asking, in managing their budgets. Our govern- a budget that will once again return us and again, I am not here to lay blame ment really should not be any dif- into deficit spending, will rob the So- or point fingers; certainly, the reces- ferent. We need a long-term plan to pay sion I do not believe was the Presi- off our debt. Raising the debt limit by cial Security trust funds of those pay- dent’s fault, and certainly September $750 billion just allows Congress to con- roll taxes that are paid in by the work- 11 was not the President’s fault. The tinue its free-spending ways. We should ing people of this country for Social Congress and the administration not give a blank check to a Congress Security, and that money will once should take a hard look at our long- that has proven it cannot control its again be spent to run the general gov- term budget priorities before writing a own spending. ernment. That is wrong. And since we huge blank check, though, of $750 bil- Several of my colleagues and I have have crossed that line of spending So- lion. offered a substitute budget that would cial Security trust fund monies, some- I believe it is irresponsible to raise raise the debt limit by approximately thing that we pledged on the floor of borrowing limits today without plan- $100 billion to $150 billion up to the end this House not to do at least half a ning to protect our children and grand- of this fiscal year, September 30 of 2002. dozen times in votes cast by the Mem- children from the consequences of our This would prevent a fiscal default, it bers here, there is no other protection debt in the future. Lower numbers would stabilize markets, and it gives against fiscal irresponsibility except would be more acceptable at this time. Congress and the President time to de- the statutory debt ceiling. That is that I believe our discussion of the debt velop a long-term plan to return to bal- limit in law that says that the Federal limit should be part of an overall dis- anced budgets and fiscal responsibility. Government cannot go over a total of cussion as to how to balance the budg- We should not play partisan games $5.9 trillion into debt. et. with the financial health of our coun- Most of us cannot understand how in We cannot throw away and we should try. An unprecedented Federal default the world we ever got in a position that not throw away all the progress we would wreak havoc on our economy. we would authorize over $5 trillion in made over the last several years in But that is only slightly worse than debt, but when the administration terms of fiscal responsibility in this the bleak outlook we will leave our comes to this Congress and says that country. There was a lot of pain in- children if we do not get back to fiscal we have to increase the debt ceiling by volved, and I think we learned some restraint and fiscal responsibility. $750 billion, any Member who is fiscally tough lessons, but I think Chairman Higher debts now mean higher taxes conservative will say, wait a minute, Greenspan is exactly right: If we can for our children, and that is grossly, where is the line of defense to protect show fiscal responsibility and fiscal re- grossly unfair. We are willing to raise us from fiscal irresponsibility now? It straint, it is going to have a beneficial the debt limit, but it must be part of a will be gone. impact on long-term interest rates, and plan to balance the budget and stop Now, we all understand that in times that affects everybody in this country spending the Social Security surpluses. of national emergency, there may be who borrows money for a mortgage, for Nothing less than our future and the justification for a short period of def- a car loan, or any other type of con- future of our children and future gen- icit spending if we are in a war, as we sumer loan. erations in our country is at stake. are now. The recession has brought

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.127 pfrm04 PsN: H19PT1 H992 CONGRESSIONAL RECORD — HOUSE March 19, 2002 Federal revenues down. It could be that So when those young men and women with our economic game plan for the emergency presented by war would in uniform return to our country and America was simply to take half of it say in the short term deficit spending begin to enter the workforce and build and pay down the national debt. We may be necessary, but only short term. their careers and their life savings, were ridiculed by some saying that we What we have projected now by the they would have to look forward to were going to pay down the debt too Congressional Budget Office is a decade paying for the war that they fought in fast. of ever-increasing national debt. the first part of the 21st century. Others suggested that it was the peo- ple’s money and, therefore, we are b 2115 Now that is wrong. And the only way we can stop it is to hold the line on the going to give it back to them. Very Deficit spending is wrong. We would request to increase the debt ceiling in popular suggestion. Some of us were not do it at our house or yours. We our law. also reminding people that it was the would not do it in your business or We know that as we continue to in- people’s debt. Again, we were told do mine because we know it just would crease debt, the demand for credit from not worry about it. The national debt, not work. We all understand that we our government increases, and it has the debt ceiling, is not going to have to need to pay our debts. Why cannot the effect, the economists tell us, of in- be increased for 7 years. And we said, Washington understand that same creasing the interest rate on all kinds we hope you are right. We hope that principle? The reason is that govern- of loans sought by American families. these estimates are right. But just in ment can print money, and we are So if we continue down the road of fis- case there may be an emergency, and going to continue to print money if we cal irresponsibility and allow this debt we were not prophetic, no one could increase the statutory debt ceiling, and to continue to mount and mount and have foreseen September 11, 2001, but it that debt is going to be owed by our mount, not only do we have increasing happened. children and by our grandchildren. interest costs to the Federal Govern- We did not believe necessarily the Our debt today costs this country ment, but the cost of borrowing money stock market was going to go up for- and the taxpayers of this Nation al- for every American family will be high- ever. We have always recognized that most a billion dollars a day just to er because the Federal Government’s there are going to be ups and downs; cover the interest payments on that appetite for credit pushes all interest and we had just come through 8 years, national debt. What a waste of re- rates up for everybody. So if you want the longest single economic expansion sources. Think what we could do if we to buy a car or buy a new home and fi- in the history of our country doing could save that almost billion dollars nance it through a home mortgage, or whatever we were doing until the 1990s, every day we spend on interest. Talk send your kids to college and have to which happened to be beginning to bal- about waste in government. The big- borrow the money to do it, you will ance the Federal budget. gest item of waste in government pay higher interest rates in the years And I give credit to my friends on the today is the almost billion dollars that ahead because of the fiscal irrespon- other side for being a part of that. And we pay every day in interest on that sibility of your Federal Government. that is what we are here tonight say- national debt. We hope that the Members of this ing, look at some of the things we did So the Blue Dog Democrats believe Congress will join with the Blue Dogs and said in the last 6 or 8 years and try that holding the line on increasing the in standing up for fiscal responsibility, to be a little bit consistent. debt ceiling is the only way to protect for paying down that $5 trillion debt What we are suggesting is that some this Congress from continuing down instead of allowing it to continue it to of the same things that occurred in that reckless path of going deeper and go up. That is an issue that is impor- 1996 in which the majority party, the deeper and deeper into debt. I think we tant to the American people and the same folks that are in control tonight, all understand that when we are in American family, and our failure to demanded that ‘‘The President of the war, as I said a moment ago, we may deal with it responsibly will result in United States and the Congress shall have to do deficit spending in the short fiscal catastrophe for this country be- enact legislation in the first session of term; and we would all understand if cause we cannot continue to allow debt the 104th Congress to achieve a bal- there was a proposal before this House to mount higher and higher and higher. anced budget not later than the fiscal to increase the debt ceiling enough to So I am very hopeful that our col- year 2002 as estimated by the Congres- cover the needs of national defense in leagues in the House will join with the sional Budget Office.’’ time of war, but that is not what the Blue Dog Democrats and stand up for What an irony. Here we are, March proposal is. The proposal is many times the proposition that we should not in- 19, 2002, recognizing that the balanced over that amount, and it is designed to crease the debt ceiling by the amount budgets that we have achieved over the allow this Congress to continue down a of money that has been requested, and last 2 or 3 years are now out the win- road of deficit spending for at least an- preserve that one last line of defense dow as far as the eye can see. The other 2 years. for fiscal responsibility. President’s budget that he submitted We have got to hold the line. We need Mr. MOORE. Madam Speaker, at this to the Congress does not balance with- to stand up for limiting the amount of time I would like to recognize another out using Social Security for the next increase in the debt ceiling. It is our gentleman from Texas (Mr. STENHOLM), 10 years. only line of defense in order to prevent and I yield to him. We Blue Dogs are suggesting that is this Congress from fiscal irrespon- Mr. STENHOLM. Madam Speaker, I irresponsible budgeting; that we, in sibility. thank my friend for taking the time fact, are not unreasonable to ask the We all know that increasing debt is tonight to permit us again to discuss in leadership of this body in the budget morally reprehensible. Why should we what we hope are very rational, simple- tomorrow and in the actions coming up spend money today, whether it is for to-understand terms what we are pro- to submit a plan that will balance the defense or any other purpose, and ex- posing. Federal budget by 2007 without using pect our children some day to pay for About a year ago we stood on this Social Security trust funds. That is all it? floor in opposition to the budget that that we ask. We are in a war today. Many men and ultimately passed. We are in the mi- Some of us have been here and voted women are in uniform in faraway nority. When you are in the minority consistently for these type of budgets. places tonight, defending freedom, you usually lose. But we also stood on That is what I hope to do again tomor- fighting for this country. They are the floor and offered some comments row. But tonight we are calling atten- making a tremendous sacrifice, and yet and some suggestions that we thought tion to the fact that we believe it is ir- it seems that the American people are made a little bit of common sense. responsible to ask the Congress to bor- not being called on to join in that sac- That projected surplus that every- row $750 billion without a plan of how rifice because the American people body was talking about was projected. we are going to get our budget back in have been given a pass, a pass that It was a guesstimate. It was an esti- balance, other than the plan that we says, you do not have to pay for this mate. It was not necessarily real. It are now under which, by their own ad- war now. You can let your children pay was not necessarily unreal. But we ministration, does not balance until, for it. thought the conservative thing to do well, it does not. We do not go out past

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.128 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H993 10 years. In fact, this budget we will voted and said we want the President my colleagues on a plan. Try us. Just consider tomorrow is going out only 5; to submit a balanced budget. In fact, try us and see what might happen, in- that is what is bothering us. we demand that the President submit a stead of the partisanship that we see We are perfectly willing to vote for a balanced budget; and we want that time and time again on economic clean debt ceiling increase with certain budget to protect future generations, issues. And here I will say if my col- provisos. I do not want to see us go ensure Medicare solvency, reform wel- leagues sincerely believe in their budg- through what we did back in 1995 and fare, provide adequate funding for Med- et, if they sincerely believe that it is in 1996 in which we had members of the icaid, education, agriculture, national our Nation’s best interest to borrow on other party standing on this floor defense, veterans, and the environ- our children’s and grandchildren’s threatening to impeach Secretary ment. Furthermore, the balanced budg- grand future and the next 10 years and Rubin for doing the things that we are et shall adopt tax policies to help the Social Security trust fund, then now being told by the majority leader- working families and to stimulate fu- just stay with my colleagues’ budget ship that we are going to do, borrow on ture economic growth. That is what we and I will respect them for that. our employees, our civil service, mili- said in 1996; and we got 277 votes for it, Anybody that stands up on this floor tary retirement, borrow on those re- including 48 Democrats, 229 Repub- and does what they say they believe in tirement funds and temporarily sus- licans. and stands behind it with their vote pend paying interest in order to get by. What happened? If that is what we and argues for it, I will respect them; Why do that? required President Clinton to do, why and I hope they respect those of us that There are those of us in the Blue Dog are we not equally asking President have a little bit different version of coalition that are looking for a way to Bush, and I do not think it will take a this, and we will be arguing for that to- be bipartisan on something other than whole lot of encouraging. I think this morrow, assuming we will be allowed the war. I do not understand why the President will be amenable. In fact, I to have our amendment on the floor to- leadership of this House demands when am almost sure he will be amenable, morrow and have that amendment, it comes to fiscal policy that the only but why is that some on the other side which I certainly expect and hope that votes that will ever come on this floor refuse to bring that kind of a resolu- we will. are those that get 218 Republican tion to the floor and instead think of With these comments I would now votes, when there are some of us, we ways to circumvent, to circumvent the yield back to the gentleman and to heard the gentleman from Texas (Mr. law of the land, to circumvent how we other of my colleagues who have come TURNER), we heard the gentleman from in fact avoid increasing the debt ceil- here to discuss this issue tonight, and I Kansas (Mr. MOORE). We do not just say ing on a clean up and down vote, when thank him for yielding. that we want to return to fiscal respon- the same folks and I will read quote Mr. MOORE. Madam Speaker, I yield sibility; we are prepared to act. But the after quote after quote of the same to the gentleman from Illinois (Mr. budget that is submitted tomorrow by folks that said so many bad things PHELPS). the chairman of the Committee on the when it was Secretary Rubin doing it? Mr. PHELPS. Madam Speaker, Budget’s own admission is not in bal- We Blue Dogs pride ourselves in con- proudly I stand here tonight, with my ance. sistency. We are not perfect. I am sure Blue Dog colleagues, a group that not And, again, I repeat what the gen- that somebody will find something only just offers rhetoric but is ready to tleman from Kansas (Mr. MOORE) said, that I have done or said that is not to- back up what we say. That is why I am 2003 is a different story. We are at war, tally consistent, but I bet I will be 90 proud to be a member of this organiza- an unusual war by the fact that it has percent consistent in saying let us sub- tion. We are consistent. We say what not been declared by Congress and yet mit a plan for how we balance our we mean with integrity and we intend we are at war, and we understand that budget without touching Social Secu- to accomplish, if we have the coopera- and we are perfectly willing to fund rity and Medicare. As we Blue Dogs tion from the other side of the aisle, whatever it takes, both domestically stood on this floor last year and argued what needs to be accomplished on be- and internationally, to cover that cost. for our budget in which we said take half of this great Nation and the Amer- But why, we ask, would we want to half of the projected surplus, pay down icans that deserve the best attention. just arbitrarily give a blank check to the debt, take the other half, divide it So I want to thank my colleagues for borrow $750 billion without a plan of equally between the necessary in- their comments, for giving me this op- how we are going to use it? What are creases in spending for defense, for edu- portunity to speak on such important we going to spend it for? Why should cation, for health care, for veterans issues. we just arbitrarily send the bill to our and for agriculture, and the other 25 I want to make it clear that I under- children and grandchildren for $750 bil- percent, a tax cut targeted at helping stand the need for the President’s in- lion additional, following an economic the economy and working families. creased investment in defense and game plan that has already put us into Well, we lost on our plan. If we had homeland security. However, I do not a position where we cannot balance the passed our plan, we would have been in want this to come at the cost of eco- budget for 10 years without going into a heck of a lot better shape tonight on nomic security for our folks at home. the Social Security trust fund after we all accounts, but today is a new year. First and foremost, we need a budget voted last year five times on the Tonight we stand up again in asking, that is made up of honest numbers. One lockbox, cross my heart, we are not submit a balanced budget plan. Show of the most frustrating things I have going to touch Social Security again. us why we need to arbitrarily borrow experienced since I have been a Mem- And yet, here we are, the first action of $750 billion. Show us what the money is ber of Congress, now my second term, this year, we are going to do it again. going to be used for. The best way to is to think we would go to the ultimate Not with my vote. But if we can have do that is to go slow, to go slow. Do not degree to press for investigating pri- a little bit of cooperation, some of us just give us a blank check anymore vate corporations such as we are right submitted an alternative today that we than if you were a father and your son in the midst of now, the Enrons, and will talk about tomorrow. But tonight had just exceeded his credit card, and saying you mean your accounting we are just talking about a simple re- you are not going to go out and say, firms do not even know what is what, quest. well, great, son, that was wonderful what the numbers are, no one can come that you exceeded your limit, I am forward and swear in front of our com- b 2130 going to give you another $2,000 on mittees on a Bible that these are accu- What is it that is so wrong about sub- your credit card; just keep on doing rate numbers? mitting a plan that will get us to bal- whatever you have been doing. Fami- Yet we as elected officials from all ance? What is it that is so right by lies, we do not operate that way. We across America cannot even agree what sending a plan up that we have got to should not operate the country that is in the bank or what is real or what change the manner in which we score way. is funny money or fuzzy or what is pro- it? We agreed back in 1995 on a massive So tonight we are just, in fact, say- jected versus what we can really count vote, and there were 148 of my friends ing we are ready to support a plan. We on. We really know, if the honest truth on this side and 48 Democrats that will roll up our sleeves and work with was brought out, we really know, but

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.131 pfrm04 PsN: H19PT1 H994 CONGRESSIONAL RECORD — HOUSE March 19, 2002 not very many in this political game outlined all the real things that hap- the same time. That is what we hear on will step forward and admit it because pened that took our surpluses away. the stump, and this is really tough with that comes a price; and no matter We can talk about September 11, a ter- work that we are trying to do here as what the price is, for me I have to tell rible event, still paying the price, prob- Blue Dogs because we are doing some- my colleagues the honest truth about ably will for several years to come, thing that is oftentimes not politically the honest numbers. psychologically, emotionally, finan- expedient. We need a budget that is honest in cially, economically, every way pos- We do things that we hope are in the numbers. We need to base it on the sible. The recession, played down, real- best interest of the country and our CBO, Congressional Budget Office, and ly underestimated, and yet was real children that are not maybe politically not the OMB, the Office of Manage- and still is, and give away in whatever popular today. ment and Budget, estimates. We bring way you want to define spending up b 2145 fiscal discipline to this body. The Blue here. Dogs and others that might share our Some say spending is when you want I mean, it is tough to stand here with philosophical positions bring fiscal dis- your project funded. Spending takes on a new President, as we did last year, cipline. a lot of different definitions since I and say we really need to slow down on As a former teacher I always like to have been here and found out. Spending all these projections and all of these break down the real root words and is about what my colleagues want to ideas that money is flowing into Wash- meanings of words that we throw accuse the other side of the aisle or the ington as far as the eye can see. That around that is supposed to mean a lot. other people of using it for; but when it is what we were told. Do my colleagues know where dis- is for my colleagues’ purposes, and the We said, to be conservative in our cipline comes from? The word disciple. majority, it is not called spending. We own business, if it were our own busi- We can reflect on disciples of Christ. use something else to justify what are ness, we would not run it that way. We Disciple means the ultimate example, not real numbers, honesty in budg- would not devote 100 percent of a pro- someone to pattern your life after, to eting. jection for 10 years to a program that live by, to hold up in esteem, on a ped- Finally, the priorities. If we do not we did last year. We tried to say, that estal. That is what we are as elected of- think it is priority for the Americans is not a conservative view, it is not the ficials. We are disciples, offering dis- to entrust their elected officials to way we would run our own businesses. cipline when it comes to spending, with manage their money, how much did we Why on earth do our colleagues want honest numbers. Let us follow the ex- hear about we want to return their us to run the country’s business that amples of the ultimate people of integ- money? What do my colleagues think way? rity in our history. Social Security is that is checked off of So last year, as my colleague, the For the past couple of years, the Re- everybody’s check every week for sev- gentleman from Texas (Mr. STENHOLM), publican leadership has made promises eral years as these elderly people are said, we were unsuccessful when we to protect Social Security, but this now in the end of their life waiting for? tried to say we need to slow down on budget is far from protecting Social The word ‘‘security’’ means stable, this. Security. Many of my constituents de- someone can depend on it. Not true. It And the funniest thing I have heard pend on Social Security as a means of is not true. since I have been here is when people comfort after they have worked hard I just hope that we can work to- around here actually, with a straight all their lives. I am talking about the gether, come up with a plan that will face, said that we are in danger of pay- most frail, elderly citizens, the lowest give some compromises to some, ing off the debt too quickly. That re- echelon of income in America. stipulative outline of issues that will minded me of a guy my size, weighs 400 The budget calls for tapping the So- bring us to a reasonable debt limit; and pounds, and the first night on my diet cial Security trust fund to support then when we get down to the end of somebody asks me how I feel and I say other government programs every year the summer, early fall, we will know I am worried about becoming emaci- for the next 10 years at the tune of $1.5 exactly where we stand; but until then, ated. To me, that was almost ludi- trillion. Our Nation cannot afford to we better be cautious. We better be crous, but that really is what we were put our Social Security system at risk truthful with the American people and told by people with a straight face. when it is depended on by so many of save Social Security, pay down the na- As the gentleman from Kansas (Mr. our most vulnerable citizens. tional debt, win the war on terrorism. MOORE), the gentleman from Texas The budget must address the declin- Can we do it? We are the greatest (Mr. STENHOLM), and the gentleman ing Social Security trust fund. We country in the world. I bet my col- from Texas (Mr. TURNER) have said, no- must pay down the public-held debt; leagues we can do it. body is prophetic. We do not know, I and I know and I understand there is a Mr. MOORE. Madam Speaker, next I certainly do not know what the price serious question, whether we should in- yield to the distinguished gentleman of cotton is going to be next Friday, crease the debt limit coming soon; but from Tennessee (Mr. TANNER). yet we are supposed to base how we I believe we need to hold off on increas- Mr. TANNER. Madam Speaker, I am conduct the business of our citizens of ing the debt limit unless there are cer- not going to add a lot to what my col- this country on these projections. tain provisions that we can come to leagues have said on the technical side And by the way, the gentleman from agreement on that would help preserve of it. I just want to say that I came Illinois (Mr. PHELPS) was talking about what we know is true with honest num- here from Tennessee in 1988; and when us, and we do have a very special place bers until we can bring the budget into I came here, people said, John, please, here because we are privileged people balance without putting the Social Se- if you get elected, go up there and do to represent free men and women. That curity surplus into jeopardy. That is something about this horrendous na- is an honor that none of us deserve, but the balancing act. We can do it if we tional debt. We are borrowing more as President Jimmy Carter said, the have the will. money every year as a people than we highest office in this land of ours is As Americans, it is our job to work can pay back in our lifetimes, and we that of citizen, because a citizen is the together to take care of our folks at want you all to do something about it. owner of our country. home. As politicians, it is up to us to Please, if you go up there, concentrate So we are very, very privileged peo- come up with the best possible way to on retiring the debt and living within ple to be where we are, and with that do that. We need to work together. It is our means. privilege comes an awesome responsi- easy to say that every day we need to Now, we have tried to do that and I bility. And sometimes that responsi- work together, to come up with a plan have been here, the gentleman from bility is to do tough things; to say, that will fight the war on terror but at Texas (Mr. STENHOLM) has been here look, in response to, we need to give the same time does not sacrifice the longer than I have, and this is hard. the people their money back, it is needs of our citizens at home. This is not easy. The easiest thing that theirs. Well, kids are people, too, and The citizens in my district are down- anybody who seeks political office can they do not have a voice here. But they right puzzled, confused, as to where the do is to promise a road or a bridge or are people, and there are a bunch of surpluses went; and I know we have a dam and promise to cut taxes all at them that are not yet born, and we are

VerDate 11-MAY-2000 03:55 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.133 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H995 spending their money tomorrow if we private sector jobs, which is, after all, But even these glaring omissions are pass this budget, and they do not even the backbone of the country. We under- not enough to balance the budget. The know about it. stand that. But we are going to be gimmickry goes further. Somebody asked me one time if I overtaxed the rest of our lives because The budget addresses only the next 5 would agree to a supermajority to raise people back in the 1970s and 1980s spent years, not 10, to hide big late-year taxes. I said, no, there is plenty of pres- more money than they were willing to costs. And the budget relies on the sure in this system not to raise taxes. pay for, and now we are being asked to White House’s own budget numbers But I will vote for a supermajority to do the same thing. rather than the nonpartisan Congres- borrow money, because the people we We are going to make sure, if we sional Budget Office estimates, which are spending their money are not here keep on this course, that not only are are more conservative. Although insti- to tell us, please do not do that to me, we overtaxed the rest of our lives, but tutional memories are sometimes I am 2 years old. our children are going to be overtaxed short, I am sure none will forget that But what my colleagues are doing is all of their working lives because we only 6 years ago the House Republicans going to not only make sure that our simply cannot find within ourselves shut down the government twice when citizens are overtaxed, because they do the ability to make tough, hard deci- President Clinton failed to use CBO es- not have the willpower to say no to ei- sions that are not politically expe- timates to balance the budget. ther a tax cut that is irresponsible or dient. It is no wonder that Secretary of the to a spending program that is irrespon- So, Madam Speaker, I appreciate my Treasury O’Neill will soon be before sible. My colleagues do not have the colleague, the gentleman from Kansas Congress asking us to raise the debt willpower to say no to that, so they (Mr. MOORE), for having this special limit so that the United States of want to put it on me. That is basically order tonight and inviting us to par- America can borrow another $750 bil- what has been going on around here, ticipate. lion on top of the $5.9 trillion we al- and it is very simply wrong. Mr. MOORE. Madam Speaker, I ready owe to continue paying its bills. So as the gentleman from Texas (Mr. thank the gentleman from Tennessee, Only last year, the Secretary predicted TURNER) said, this debt limit is really and next I am going to yield to the that an increase in the debt limit one of the last lines of defense we have gentleman from California (Mr. would not be necessary for 7 years, and to insist that the people who run the SCHIFF). the President and Congress vowed we Mr. SCHIFF. Madam Speaker, I House here, the majority party, bring a would never dip into Social Security. budget to the floor. We cannot bring thank the gentleman from Kansas for It is true that the war on terrorism anything to the floor. We can ask for yielding to me and also thank him for and long- deferred improvements to our it, as we did tonight in the Committee the extraordinary and bipartisan work military readiness have required the on Rules, a substitute that puts at he has done to try to bring America’s largest increase in the defense budget least in place some safeguards, but we budget into balance. in two decades. But this increase of $45 America needs a wartime budget. We cannot bring anything to the floor here billion in military costs and almost $20 need a budget that will provide the re- because we are in the minority. And billion in homeland security are but a sources necessary to win the war on fraction of the multi-trillion dollar that is all right as long as we are treat- terrorism, that will stimulate our ed fairly and we get a vote on what we economy without aggravating our defi- change in the Nation’s economic pro- have asked for and then people know. cits, and that will protect and reform jections over the next 10 years. The tax But it is not easy to stand here as Social Security and Medicare but not cut recession played a much more sig- someone who asks for votes every 2 finance the war out of its trust funds. nificant role in expending the antici- years and say, as much as I would like In sum, our country needs a budget pated surplus, with the recession hav- to, we just simply cannot afford that that will call on the American people ing the largest impact in the short program in west Tennessee or middle to make sacrifices to win, sacrifices term and the tax cuts playing a more Tennessee or east Tennessee or wher- they are willing to make if only their prominent role in the long term. ever; or we cannot afford to do some of leaders will have the courage to ask But whatever the causes of our cur- the taxing initiatives in terms of tax and speak plainly. rent economic shortfall, the fact re- cuts that we have been doing. We do The President’s budget is not there mains that the administration has yet not have the money. So I would hope yet. The budget we will vote on in the to come up with a budget and an inter- that as we go into the budget debate House this week calls for the most sig- mediate or even long-term plan to re- tomorrow, we would keep in mind that nificant increase in military spending store balance to our budget and stop we are not just talking about our- in more than two decades, and that in- deficit spending. selves, but we are talking about our crease will enjoy bipartisan support. When we had a $5.6 trillion surplus country. The budget also proposes significant and no war, we could afford a substan- I have been to countries that do not new tax cuts, and the House leadership tial tax cut, and I supported the Presi- have a government. I have been to a has also signaled its interest in making dent. But now we are at war, we have country that is broke. And I have yet last year’s tax cuts permanent. Domes- no surplus, and we are spending the So- to find a country on the face of the tic spending increases only slightly or cial Security trust fund. To propose earth that is strong and free and broke. remains flat. And the budget requires dramatic new tax cuts at a time like And that is where we are headed when sacrifice. this, or to make permanent those we we are paying a billion dollars a day in There is only one problem: It is not enacted before, before it is clear wheth- interest. And that is going up every we who are being asked to sacrifice. It er we can afford them, means financing day because we simply, in the here and is our children. the war out of our parents’ retirement now, say let us give the people back Advocates of the budget call it bal- and out of our children’s education; their money, they earned it, it belongs anced. Regrettably, it is anything but and this just is not right. to them. And it does, except kids are balanced. The $2.1 trillion budget uses While it may be necessary to deficit people, too, and we have not done them $200 billion in Social Security trust spend in the short term, while we are right. And anybody who says we have, funds to pay for other programs, spends at war and not yet fully recovered from I would have to take violent disagree- all of the Medicare surplus on prior- the recession, Congress should work ment with that. ities other than paying down the na- with the administration to develop a We are going to be overtaxed the rest tional debt, fails to count the cost of balanced budget for America’s future of our lives, and we should be, because the $43 billion economic stimulus pack- that does not rely on raiding Social Se- we are paying 13 percent interest be- age just signed by the President, as- curity. Everything must be on the fore we ever get to tanks, before we sumes that spending levels on domestic table. Secretary O’Neill’s request for a ever get to any of the projects that we priorities will be reduced, including the mammoth increase in our national need in the country to give private en- President’s own education initiative, debt should be rejected in favor of a terprise the opportunity, with the in- and that mammoth problems, like the small, short-term increase and a plan frastructure that only government can growth of the alternative minimum to return our country to balanced provide, the ability to grow and create tax, will go unaddressed. budgets.

VerDate 11-MAY-2000 04:13 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.135 pfrm04 PsN: H19PT1 H996 CONGRESSIONAL RECORD — HOUSE March 19, 2002 America has always been willing to did not anticipate on September 10 a whole lot different on September 10 sacrifice to win its wars. She still is. having to spend the kind of money that than it was on September 11, or 2 years But she must be asked by leaders who we realized on September 11 and days ago when our economy was booming are willing to speak candidly about that followed were necessary. No than it is today when our revenues what is at stake and what it will take American is taking a pass on this. have decreased. to win. She must be asked by those Every American is contributing to The management of the debt was so with faith in the essential generosity this. We have a lot of Americans that important 3 years ago, but now take a of the American people and who will are working in this country, and their look at what that debt is today and not tell us that we can have our cake tax dollars are going into this. take a look at the small businesses and eat it too. Our prosperity and that So I do not think the gentleman real- that are going out of business today. of our children may depend on it. ly intended his remarks to be quite as They need some tax relief. This is not Mr. MOORE. Madam Speaker, I stinging as at least I took them. the time to increase taxes on small thank the gentleman from California. I b 2200 businesses. also want to thank the gentleman from Mr. STENHOLM. Madam Speaker, Texas (Mr. TURNER), the gentleman Madam Speaker, let me mention a will the gentleman from Colorado from Texas (Mr. STENHOLM), the gen- couple of other things that I think yield? tleman from Illinois (Mr. PHELPS), and were brought out in the gentleman’s Mr. MCINNIS. Madam Speaker, I the gentleman from Tennessee (Mr. remarks. Not speaking specifically to would be happy to yield to the gen- TANNER) for their remarks this the gentleman from Texas (Mr. TURN- tleman from Texas. evening. ER), but some of the people that share Mr. STENHOLM. Madam Speaker, I think we have heard for just about his ideas, they speak courageously concerning what the gentleman from the last hour, Madam Speaker, some about the fact that we need to have a Texas (Mr. TURNER) was saying a mo- really good advice about what we need balanced budget and vote no, but there ment ago, was also characterized in my to be looking at in the future and what are some who speak very bravely on own comments, is in agreement with we need to do as a country. We can al- one hand, but when it comes on votes the gentleman’s statements concerning ways choose the easy path; or we can which impact your State, you vote the September 11, 2001. That is the point try to do what is right by our children, other direction; you vote to contin- that we are making tonight and we by our grandchildren, and for our coun- ually increase the budget. have been trying to make, is that try. Doing what is right may some- You talk about how fiscally conserv- things did change. Therefore, we do not times be harder, but it has its own re- ative you are and how we need to keep necessarily believe that the budget wards. the budget in balance and how the that was put in place last year before I think we need to look at fiscal re- other party is trying to spend our chil- 9–11 should be arbitrarily sent forward sponsibility and a plan back to fiscal dren’s future into oblivion, and I do not without adjusting not only for the ex- discipline for the future of our great know how many times I hear the term penditures, but also for the fact that country. Social Security. Show me one Con- we are going borrowing the Social Se- gressman who wants to eliminate So- f curity trust funds in order to meet cur- cial Security. Well, the war in Afghani- rent operating expenses. THE BUDGET; AND THE LAYOUT stan, the spending on the war in Af- We would welcome the opportunity OF THE EASTERN UNITED ghanistan, we threaten Social Secu- to work together with the other side in STATES VERSUS THE WESTERN rity. If we do not win that war, every- the same spirit that the gentleman UNITED STATES thing is threatened. began his remarks tonight. Things The SPEAKER pro tempore. Under Madam Speaker, I would be very in- have changed; and, therefore, we be- the Speaker’s announced policy of Jan- terested in seeing where some of my lieve that we need to change our eco- uary 3, 2001, the gentleman from Colo- colleagues that have just spoken, for nomic game plan to bring us back into rado (Mr. MCINNIS) is recognized for 60 example, where their votes were on the balance, and we look forward to work- minutes. farm bill. The farm bill has a great im- ing with the gentleman. Mr. MCINNIS. Madam Speaker, be- pact on the State of Texas. That farm Mr. MCINNIS. Madam Speaker, re- fore I start on my night-side chat, so to bill has gone up dramatically. That is a claiming my time, I do not disagree speak, to cover some issues that are tough vote to take. That is one of the with the gentleman. My sensitivity very important in regards to the lay- votes that they speak of. Maybe it is arose when I heard one of my col- out of the United States, the eastern not the popular thing to do, but it is leagues talk about how Americans are United States and the western United the right thing to do. The right thing taking a pass on the war in Afghani- States, and how the lands are situated, to do. Let us check a specific legislator stan. We have disputes here regarding I do want to bring up a couple of points or Congressman who speaks about how our budget, and we have disputes on that were discussed by some of the pre- we are going into debt and how the which programs ought to be funded and vious speakers. budget continues to increase; and if which ought not to be funded; but I can Specifically, I would like to bring my they are from a farm State, let us see tell my colleagues, there are some who colleagues’ attention to the remarks how they vote on the farm bill or the stand up on one hand and say we need made by the gentleman from Texas highway bill, the bill that benefits a balanced budget. On the other hand, (Mr. TURNER). The gentleman from the their State with specific projects. when a huge bill like a farm bill or State of Texas says that Americans, On one hand they say that they voted highway bill comes which has an im- speaking of the war in Afghanistan, for new highways, and then they go to pact on your district, you vote for and I am quoting him fairly accurately the conservative sections of their State those projects. That is where you get I think, he says that Americans are and say I want a balanced budget. We into problems here. I am just saying if taking a pass on this. I am not sure cannot have our cake and eat it too; you are going to preach the good word, that that is what the gentleman in- but at the microphone there is an obli- you ought to follow the good word. tended. In fact, many of the remarks I gation to say that Americans are not That is all I am saying. heard previously are remarks I agree getting a pass. We are all contributing. Let me move on to the issue that I with. But nobody is taking a pass on It has to be a bipartisan debate. came here primarily to address this what happened on September 11 in this I should say, and I notice one of my evening. I find myself continually tak- country, the least of which would be colleagues from the State of Texas is ing the microphone on the House floor the American people. standing here, the gentleman’s com- to try and talk and have a conversa- Because of the fact that we have to ments were pretty much in line. I do tion about those of us who live in the go into debt to finance this war effort not disagree with what the gentleman West, our issues in the West compared does not mean the American people are from Texas said. I think it is very im- with those issues that you deal with in taking a pass on it. Our situation on portant that we have a balanced budget the East. Instead of taking on a whole September 10 was a whole lot different and we need to keep a handle on the gamut of issues, I have tried to narrow than our situation on September 11. We debt. The management of that debt was it down to two specific issues I want to

VerDate 11-MAY-2000 04:13 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.137 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H997 cover in the next few weeks, issues of In the West from a State like Colo- stantly find ourselves under siege when which there are distinct geographical rado, for a period of about 60 to 90 days it comes to issues of water. I am asking lines between the eastern United we have all of the water we could pos- for more understanding from my col- States and the western United States. sibly use. When does that period of leagues of the East because a lot of Those two issues are, number one, time fall? That period of time falls people depend on that water that water; number two, public lands. To- starting about right now. It is called comes out of the West. A lot of my col- night I intend spending most of my the spring runoff. In Colorado we have leagues that are from the East do not time on public lands, but I think it is over 300 days of sunshine a year, but really know. I bet some did not know important to cover first of all the that does not mean that it is warm until tonight that our water law is sig- water issue. The eastern United States enough to melt the snow. This time of nificantly different than the water law has suffered from a drought this year, year we get temperatures close to 70 in the East. Take a look at what the including the Rocky Mountains. Colo- degrees and drop down to 20 degrees at water laws are for the State of Massa- rado, where I come from, we have not night. The spring is starting. Those chusetts or the State of Kentucky, and had the kind of snowfall we are accus- massive amounts of snow that have ac- compare it to the water laws of the tomed to. cumulated in the mountains will begin State of Colorado or the State of Utah. But on an average year in the East, this runoff. We have two entirely different sys- one of your big problems is getting rid For this 60- to 90-day period of time, tems, water systems, and the law rec- of the water. Our problem is storing water is plentiful; and that usually ognizes that. the water. Unfortunately, when the does not coincide with the time of need That is why we have two distinct sets good Lord made our country, the good for agriculture. Most of the water of water laws for those States. But it is Lord did not equally divide the water across our country is used for agri- unfair for one State to impose obliga- resources with the population. The culture. It is not used for direct human tions or to impose some kind of com- good Lord did not spread the water consumption, although obviously going mitment on another State’s water sys- equally across the country. into agriculture, it ends up in human In fact, if Members look at the map tem when that State does not have a consumption. It is that period of time clear understanding of the water law of of the United States, and if I drew a after the 60 to 90 days that we are con- line that went from here, that came the other State. Or, unfortunately, in cerned. We have to have the ability to down probably about like this, and some cases they do have a clear under- store the water. standing of the damage that that lan- then up about here, this section of the If we take a look back at the Native country to my left would have 73 per- guage will do to water in the West, and Americans and the first people that oc- they intentionally insert it in. cent of the water. So this section cupied the West to the best of our would have 73 percent of the water in knowledge, you will find that they b 2215 the country. stored water. Why? Because you cannot That is why we in the West con- If you went over here in the North- exist in that country without the stor- stantly feel we have to be on guard, es- east and took a little box like this and age of water. We do not have enough pecially when it comes to our water came down here, so you intersect at water on a continual basis that comes issues. this point right here, that section of We could talk about water for the the country would have about 13 per- down for us to be able to exist year rest of the evening, but I want to cover cent of the water. Then the balance of round. That is why we have those stor- that in more detail later on. I want to the country, this huge portion right age projects; and, unfortunately, we talk about now the other distinct dif- here, the portion where I live, has 14 cannot ever really time what days are ference between the East and the West, percent of the water, although it has going to be the warmest days. Some and that is our lands. Public lands. over half the land mass of the Nation. years the sun in Colorado, which is al- So water is a huge difference between most always out during the day, the Public lands are just exactly how it the West and East. The State of Colo- sun in Colorado sometimes heats up sounds, lands owned by the public, rado, our lowest elevation is about faster than we thought. Days in March, lands owned by the government. In the 3,500 or 3,400 feet. Colorado is the high- for example, which we thought would East, there are very few lands that are est State in the Nation. It is the high- be around 40 or 50 degrees may jump up owned by the government. In the East, est area of the continent, the Rocky to 70 degrees. So the water may run off when we first settled this country, of Mountains. Colorado is the only State sooner than expected. course, our population came in the in the Union that has no incoming There are a lot of factors of nature East. Our primary population was on water for its use. All of the water in we have to deal with; and, yes, we have the East Coast. The idea, when our the State of Colorado flows out for to alter nature, not alter nature where country was first settled, that the gov- other people’s use. there is permanent damage, but to pro- ernment would own the land was only The Colorado River, for example, vide for mankind. We cannot just ig- an idea of temporary duration. People when we compare it to the Mississippi, nore the use of the water. We have to were trying to get away from the Brit- it is not as big as compared to the Mis- divert and grow our crops. I ask for un- ish throne where the government con- sissippi, but it is critical in the West. derstanding because I know that in trolled you. They wanted independ- The Colorado River supplies water for some of these upcoming bills, including ence. They wanted the ability to cul- 23 States, 24 million people, probably the farm bill, there are I think people tivate their own lands. They wanted more now because that statistic is a with good behavior, colleagues with the ability to own land, to have the couple of years old; 24 million people good intent, who are inserting water right of private property. depend on that water for their drinking language in things like the farm bill And so when our country was first water. The Colorado River is one of five that do not impact people in the East settled, any lands that were owned by rivers that have their headwaters in because they do not deal with the the government or conquered by the the State of Colorado. We have the Rio issue. The water law in the West is dif- government or purchased by the gov- Grande, the Platte, the Arkansas, the ferent than the water law in the East, ernment were very quickly turned over Colorado, et cetera. That is why they but the ramifications to the people of to private ownership. People got to call Colorado the Mother of Rivers. But the West on some of the water lan- enjoy that right of private property. water is something that I urge my guage that is being inserted in some of But soon what happened is, they eastern colleagues, when we have these bills is huge. It has very signifi- began to settle the West. You began to issues that come up and we hear about cant impacts, and rarely does an East- see a vast accumulation. If you look our dam storage projects or Lake Pow- ern Congressman insert into a bill lan- over here on this chart, the color on ell or Lake Mead, do not summarily guage dealing with water that has a this chart reflects government lands. agree with some of the more radical beneficial or a positive meaning for Look at the East. Where is the white movements in our country that say water in the West. part of the chart? It is in the eastern those dams ought to be taken down. We constantly find ourselves in the United States. Your public lands, your These dams are critical for our exist- West, because we have the smallest massive amounts of public lands are ence in the West. population in the country, we con- not in the East; they are in the West.

VerDate 11-MAY-2000 04:13 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.140 pfrm04 PsN: H19PT1 H998 CONGRESSIONAL RECORD — HOUSE March 19, 2002 They are not spread evenly around the over in this area as compared to the that they could own, land that they country. The public lands are con- forests in the western United States could have of their own, land grants. centrated in one portion of our country are about equal? That is kind of sur- That is what our leaders in Wash- and that is the western United States. prising. In other words, the forest land ington, D.C., decided to do, give land Needless to say, there are big dif- in the East is about equal to the forest grants to the settlers that go to the ferences between somebody who lives land in the West. So what is the dif- West. If they go out there, we will give on land that is not surrounded by pub- ference? The difference is that the for- them 160 acres if they till the land, cul- lic lands, where the government owns ests in the East are privately owned. tivate the land, live on the land, and very little of your neighbor’s land, or is The forests in the West are govern- they use the land as if it were their not your neighbor, versus somebody ment-owned. own. We will give them 160 acres or 320 who has the Federal Government as a Here is another interesting thing for acres. As you can see, as depicted on neighbor, who is completely sur- you. More than 80 percent, if you take this map, that worked pretty well until rounded by government ownership. a look at the lands here, 80 percent of they hit this area. My district is a good example. In my your public lands are in the West. Take What is this area? A good part of that district, there are approximately 120 a look at your national parks. There area is the Rocky Mountains. What communities; 119 of those 120 commu- are at least 375 to 400 national parks. happens when you hit the mountains, nities are completely surrounded by Let us say it is 375. Of the 375 national when you hit 3,000 feet in elevation? Federal lands. If you take a look at my parks, 114 of those parks are in the That is the lowest elevation in the district, we have four national parks. West. So roughly a third to almost a State of Colorado. Where I live is at We have any number of national monu- fourth. A little over a third of the na- about 5,000. The average elevation in ments. We have BLM lands. If you take tional parks are in the West. But 87 the State of Colorado is 6,000 feet and a look at this, just make that compari- percent of the national parklands are this area of Colorado represents the son, I will point out, if you look to my in the West. highest place on the continent. When left, my district is right here, this col- So your national parks in the East, you get into the Rocky Mountains, all ored area of the map. Compare that you may have a national park, but of a sudden instead of taking 160 acres even to eastern Colorado or compare your land mass is very small. Why? Be- to support a family, it may take 500 that to some of these other States, Illi- cause it is primarily private property. acres or 1,000 acres or 2,000 acres to nois or even back here in Kentucky, But when you come to the West, we support a family. You can feed a lot of Virginia, some of these States over only have about one-fourth, a little cattle on 160 acres in the East. Some- here on the East Coast. You do not see over one-third of the parks, yet we times you cannot even feed one cow on that public land. have over 87 percent of the land that is 160 acres in the West. And so we in the West, just like our located in the West. So they came running back to Wash- water, feel like we have to take even a Before I take this map off, let me ington, D.C., and said, look, the people more aggressive or progressive step to- just reemphasize. The color on this are not settling in the mountains, they ward trying to work with our col- map depicts government lands. Let me are going around. They are going to leagues in the East to say, look, we are give a little history, very briefly, be- the valleys in California. They cannot dealing with something that you never fore I take this map off. Primarily the support themselves with just 160 acres. deal with. We are dealing with some- reason that you have got these massive So a very conscious decision was thing of which our life is entirely de- amounts of Federal lands, in the early made, not a decision to keep the land pendent upon and you do not have to days it was fully expected that the citi- in the West in the government’s hands worry about that dependency. In the zens of this country would have private so no generation could ever utilize East you are not dependent on Federal property, the right to have private that; in fact, just the opposite. The de- lands or public lands for your well- property. They were trying to escape cision was made, look, because we have being. In the West, we are completely the throne, so the government was not given so much land to the railroads and surrounded by them. going to own that land. Then as the we are under a lot of political heat for What do I mean by dependence on country began to expand, our leaders in doing that, we cannot really give out public lands? Think about it. Pick a Washington said, how do we encourage the 3,000 acres or 2,000 acres or what- town that many of you would know people to leave the comfort of the East ever would be the working equivalent right off the top, Aspen, Colorado. I Coast and to go west to conquer the of 160 acres in the East, so let us go was just in Aspen yesterday. Aspen is a land, so to speak? ahead and keep these lands in the gov- community completely surrounded by Back then a deed did not mean any- ernment’s name and let the people go public lands. You cannot drive to thing. If John and Susan had a deed to out there and use the land as if it were Aspen without crossing public lands. a piece of property, it did not mean their own. There are certain respon- You cannot fly to Aspen without flying much like it does today. Today a deed sibilities that they would have to carry over public lands. You cannot recreate protects your interest and protects out, and as time goes by and we under- near Aspen without recreating on pub- your rights. You do not have to possess stand more of the issues of land use, of lic lands. You cannot have any water the land, to be on it, to own it. But in environmental use, of water and so on, in Aspen without getting it either com- the old days, you had to be on the land we put more and more guidance in ing across public lands, stored upon probably with a six-shooter strapped to place of how to utilize those lands, but Federal lands or originating on Federal your side. You could not just have a we have always protected the concept lands. You cannot have a cellular deed. It did not mean much. You need- called multiple use, a land of many tower without it being on public lands. ed to get out there and sit on it. uses. You cannot have power come in your And so what we saw happen was a When I grew up, the government community without it coming across policy begin to become developed that, lands, as you entered government public lands. These are issues that for look, we have got to give some kind of lands, especially as you entered na- the most part my good colleagues in incentive to these people to go to the tional forests, there was always a sign the East do not have to deal with. And West. We cannot let this land go unoc- there that said, for example, ‘‘You are we have to deal with it. cupied or some other foreign country entering the White River National For- And so my purpose here this evening will take the land from us. We need to est, a land of many uses.’’ is to just kind of give you an idea of get our people onto these lands. How do That is how the land in the West was the vastness of the public lands and the we do it? And somebody came up with developed, the land of many uses, concentration of those public lands in the idea, let’s do the same thing that whether it is recreational uses, wheth- the western United States. we did in the Revolutionary War. What er it is to cultivate a field, whether it If you take a look at the forest, we we did in the Revolutionary War is, we is to build a home, whether it is to use often hear about the forests in the tried to bribe the British soldiers to the water, whether it is to protect and West. Here is an interesting factor for join the American forces, and in ex- enjoy the environment in those areas, you. Do you know that the forests in change for them deserting the British it is a blend of those uses. Oftentimes, the eastern United States, the forests forces, we would give them land, land here, we are challenged with very, I

VerDate 11-MAY-2000 04:13 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.142 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H999 guess, targeted groups, very special in- United States. By the way, in my com- amount of government ownership of terest groups who live in the East and ments here, I am talking about the land compared to States in the East. who enjoy the comfort of the East and continental United States. In Alaska, I By the way, the population here is in who are not threatened by public lands. think 98 percent of that State is owned States in the East. The majority of Their special interest is to eliminate by the Federal Government. If you your population is on the East Coast our way of life in the West by elimi- want to see what kind of impact it has and the State of California. nating the concept of multiple use. on the Native Americans up there, of Let us look at these western States. We have right now, for example, deal- all the people that are in those lands, First of all, this box: 88 percent, 88 per- ing with public lands, some wealthy in- ask the gentleman from Alaska (Mr. cent of the Nation’s Federal public dividuals who have moved into several YOUNG), for example. lands outside of Alaska lie in 11 West- of our States, including the State of ern States. That is where I am from. b 2230 Colorado, and are filing across-the- That is the message; that is the story board blanket objections to every graz- Its impact is dramatic. State-owned, we are trying to tell tonight. ing permit, not grazing permits where 197 million acres. The Federal Govern- In one of my subsequent conversa- they think they can prove somebody ment owns about 700 million acres. tions with my colleagues here, I am was bad, a bad operator on the land, These are interesting breakdowns. The going to bring some letters. I am going and if we have got a bad operator on BLM owns 268 million acres; the Forest to tell you about some of the families the land, get rid of them; we do not ob- Service, 231 million acres. Now, re- in the West, about how the West was ject to that. member what I said. The forests in the won, so to speak, about survival out But what they are doing is, they are East are about equal to the forests in there. It is tough. What you hear about taking their big money out of the East, the West, but the big difference be- are the Aspens and the areas like that, they are taking the money in their tween the forests located in the East all in my district, which I am very pockets and they are putting it out and and the forests located in the West is proud of. But you need to hear about they are trying to eliminate all graz- the forests in the East are privately the little towns like Meker, Colorado, ing, all use of the public lands for our owned. The forests in the West are or Craig, Colorado, or Lander, Wyo- farmers and ranchers. Remember, if owned by the Federal Government. ming, or some these areas, and take a you are talking about some State out Other Federal, about 130 million look at the good lifestyle that these here that does not have public lands, acres. The Park Service has 75 million people provide for their families. that is not a big issue to you. But if acres. Recognize my comment there But let me go on. Eleven contiguous you are talking about the State of Col- earlier. We have about 375 national western States, Nevada, 82, 83 percent orado or Wyoming or Idaho or Utah or parks; 114 of those 375 are in the West. roughly of that State is owned by the Montana, big parts of California, you Although we only have 114 national Federal Government. Compare it with are talking about our livelihood. parks, those national parks take in 87 Connecticut, less than 1 percent. Think about it: The elimination of percent, 87 percent of the Federal park The State of Utah, 63 percent of the our farmers and our ranchers to be able land in this country. State of Utah is owned by the govern- to utilize the land in a responsible Tribal lands. Now, look at this. The ment; Rhode Island, about one-third of fashion through a permit process that Bureau of Land Management, we really one percent. is monitored during the period of time have two agencies out there that man- Idaho, 61 percent owned by the gov- that they utilize that, this group of age the land for the people. One of ernment; New York, about three- wealthy individuals are filing legal ac- them is the United States Forest Serv- fourths of one percent. tions and other types of actions to ice. That is right here. The Forest Oregon, 52 percent; Maine, just a lit- eliminate that use of public lands. Service manages an area of the West tle under 1 percent. It is their goal, over time, to elimi- larger than the size of Maine, New The State of Wyoming, almost half nate multiple use. They think the Hampshire, Vermont, Massachusetts, the State is owned by the government, toughest people out there to take down Connecticut, and New York all com- compared to the State of Massachu- will be the farmers and the ranchers, bined. That is Forest Service respon- setts, 1.3 percent of that State. because there is still a feeling of ro- sibilities. Arizona, 47 percent; Ohio, 1.3 percent. mance about farming and ranching in California, almost half the State of The Bureau of Land Management is our country. So they figure if they can California; Indiana, less than 2 percent. responsible for a land mass larger than take out the big ones first, then they Colorado, 36 percent; Pennsylvania, 2 California and Oregon combined, most- can go after the other things that we percent. ly the drier rangeland used for grazing, depend upon. New Mexico, 33 percent; Delaware, 2 For example, our usage of water. As mineral and energy exploration, as well percent. I said earlier, keep in mind that in as recreation. Those two agencies man- Washington, 28 percent; Maryland, 2 these vast areas of the West, almost all age, are the primary management percent. our water comes across Federal lands, agencies, for us, the people, for the Montana, 28 percent; New Jersey, 3 is stored upon Federal lands or origi- Federal Government out in the West. percent. nates on Federal lands. So the next What I am asking my colleagues to Where we see a difference, where we thing they will go after is any kind of do, and why we often find ourselves at see a rift, so to speak, or see what we use of water that flows across Federal battle, not Republican and Democrat, perceive as a lack of understanding, is lands or originates on Federal lands. but a lot of times East to West, where from some of our colleagues in these And we have already seen some effort we find those differences, the origin of States and the people of these States; in that way. a lot of those differences is the fact and that is why I am standing here in Obviously, they are going to try to that we in the West are concerned that front of you this evening. take out ski areas, eliminate the use of some of our colleagues in the East do When you take a look at the dif- being able to ski. They will go after the not understand the differences in life- ferences, what you have and what we recreational use. They have pretty well style that come about as a direct result have, and the differences it makes in eliminated in many of these States of whether or not your land is owned your life style, whether it is whether timbering and things like that. So we by the government or the land you own you get water, whether it is your trans- have a big challenge out there facing is surrounded by the government. portation, whether it is your recre- these public lands. Let me show another chart. Keep in ation, whether it is your environment, To take a comparison, I want to show mind what I said earlier about the gen- this is where we see a lot of problems the U.S. holdings, the government tleman from Alaska (Mr. YOUNG) and originate between the States, because holdings as they are in the United the State of Alaska, that 96 or 98 per- we in the West oftentimes feel that our States. This is, I think, a very helpful cent of that State is owned by the Fed- good friends and our fellow citizens in chart. I will direct you to the chart to eral Government. So you can see a dif- the East do not understand the need for my left of major U.S. land holdings. ference. us to have the concept of multiple use. The Federal Government owns more I have prepared a chart that gives My guess is that in most of these than 31 percent of all the lands in the you some States in the West and the States, go up to Rhode Island and stop

VerDate 11-MAY-2000 04:13 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.144 pfrm04 PsN: H19PT1 H1000 CONGRESSIONAL RECORD — HOUSE March 19, 2002 100 people on the street. Ask how many down the dam at Lake Powell and let (Rept. No. 107–380) on the resolution (H. of them know what is the concept of the water go, understand what water in Res. 372) providing for consideration of multiple use, what does multiple use the West means; understand what mul- the concurrent resolution (H. Con. Res. mean. Give them a hint: it applies to tiple use in the West means. 353) establishing the congressional the Western United States. What does The public lands in this country, as I budget for the United States Govern- multiple use mean? have said over and over in my com- ment for fiscal year 2003 and setting My guess is out of 100, 99 cannot tell ments this evening, are not evenly forth appropriate budgetary levels for you. I am not saying they are ignorant spread across the 50 States. In fact, each of fiscal years 2004 through 2007, or being critical of them; I am just say- they are concentrated in about 11 which was referred to the House Cal- ing it is not in their environment. States. That is where the majority of endar and ordered to be printed. They are entirely removed from the your holdings are. Eighty-some percent f concept of multiple use. They are en- of those government lands are in those tirely removed from the ramifications 11 States. The consequences to those 11 REPORT ON RESOLUTION PRO- of public lands. States are a whole lot different than VIDING FOR CONSIDERATION OF But you go to a State like Alaska, the consequences to the other 39 H.R. 3924, FREEDOM TO TELE- for example, which is 98 percent owned States, some of whose public lands, COMMUTE ACT OF 2002 by the government, or Nevada, and really, are just the local courthouse. Mr. SESSIONS, from the Committee on stop 100 people in Nevada and say what So in conclusion and as a summary of Rules, submitted a privileged report is the concept of multiple use? What is these remarks tonight, I am just ask- (Rept. No. 107–381) on the resolution (H. the concept of public lands? You are ing that my colleagues in the East Res. 373) providing for consideration of going to get an entirely different view- begin to have a better understanding of the bill (H.R. 3924) to authorize tele- point, because those people experience what we face in the West. We are here commuting for Federal contractors, it. in the West and we speak loudly from which was referred to the House Cal- My purpose here this evening with the West because, one, we are small in endar and ordered to be printed. my colleagues is to tell you that as we number because of population; but we talk about some of these land-use deci- also have the clearer understanding of f sions, as we talk about the Endangered what it is like to live with the govern- LEAVE OF ABSENCE Species Act, as we talk about our na- ment at your back doorstep, at your By unanimous consent, leave of ab- tional parks, as we talk about our Bu- front doorstep and your side windows. sence was granted to: reau of Land Management, as we talk Everywhere you look you have got gov- Mr. DAVIS of Illinois (at the request about the U.S. Forest Service, as we ernment around you. of Mr. GEPHARDT) for today on account talk about people that recreate, wheth- I would ask my colleagues from the of business in the district. er it is on a mountain bike or East, work with us in the West. Help us Mr. SHOWS (at the request of Mr. kayaking, or as we talk about water in protect that concept of multiple use. GEPHARDT) for today and March 20 on the West, understand, please under- Help us continue our balanced use of account of a death in the family. stand, there is a clear distinction be- the lands out there. Help us provide for Mr. SHAYS (at the request of Mr. tween how and what the ramifications future generations by using a balanced ARMEY) for today on account of per- are of those issues here in the East approach and by not automatically sonal reasons. versus those in the West. saying no water storage, not automati- I have often heard people say, well, cally saying no grazing, not automati- f now, just a minute, SCOTT. This land cally saying no utilization, not auto- SPECIAL ORDERS GRANTED belongs to all of the people, and that matically saying take the recreation we people in the East, you should pay off those forests lands or take the By unanimous consent, permission to more attention to us, because this land recreation from those BLM lands. address the House, following the legis- in the West, that should be preserved. We are totally and completely de- lative program and any special orders I do not disagree with that comment pendent upon these lands. We could not heretofore entered, was granted to: at all, and we do a darn good job of it. live in those States, nobody, nobody (The following Members (at the re- We do a darn good job, because, you could live out there in those States in quest of Ms. MILLENDER-MCDONALD) to know what, we depend on that land. If the West without this multiple use revise and extend their remarks and in- we abuse the land, we suffer first. concept of Federal lands. clude extraneous material:) Mrs. MALONEY of New York, for 5 But what kind of gets under our hide, f gets under our saddle back there in the minutes, today. West, is when we have people who say RECESS Ms. KAPTUR, for 5 minutes, today. to us, look, go ahead and kick the peo- The SPEAKER pro tempore (Mrs. JO Mr. HINOJOSA, for 5 minutes, today. ple in the West off their lands; but ANN DAVIS of Virginia). Pursuant to Mr. WYNN, for 5 minutes, today. since we privately own it in the East, clause 12 of rule I, the Chair declares Ms. HOOLEY of Oregon, for 5 minutes, it will not have any impact on us. the House in recess subject to the call today. What we are saying to our colleagues of the Chair. Ms. JACKSON-LEE of Texas, for 5 min- in the East is, look, understand what Accordingly (at 10 o’clock and 41 utes, today. the concept is. Before you draw a posi- minutes p.m.), the House stood in re- Ms. MILLENDER-MCDONALD, for 5 min- tion down, before you take a vote, try cess subject to the call of the Chair. utes, today. and determine or take a look or edu- f (The following Members (at the re- cate yourself on the concept of mul- quest of Mr. GUTKNECHT) to revise and b 0045 tiple use. extend their remarks and include ex- You know, when you hear from some- AFTER RECESS traneous material:) body, for example, the National Sierra The recess having expired, the House Mr. PAUL, for 5 minutes, March 20 Club, I do not think the National Si- was called to order by the Speaker pro and 21. erra Club, which carries a lot of heavy tempore (Mr. DIAZ-BALART) at 12 Mr. GUTKNECHT, for 5 minutes, today. weight here in the United States Con- o’clock and 45 minutes a.m. Mr. ROHRABACHER, for 5 minutes, today. gress, I do not think they have ever f supported a water storage project in Mr. MORAN of Kansas, for 5 minutes, the history of that organization. Now, REPORT ON RESOLUTION PRO- today. a lot of the things that that organiza- VIDING FOR CONSIDERATION OF Mr. KIRK, for 5 minutes, today. H. CON. RES. 353, CONCURRENT tion may do might be good; but before f you sign on in opposition to water RESOLUTION ON THE BUDGET projects in the West, before you sign on FOR FISCAL YEAR 2003 ADJOURNMENT to some of the ridiculous things that Mr. SESSIONS, from the Committee on Mr. SESSIONS. Mr. Speaker, I move have come out, like, for example, take Rules, submitted a privileged report that the House do now adjourn.

VerDate 11-MAY-2000 04:13 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.146 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H1001 The motion was agreed to; accord- 5952. A letter from the Assistant General mittee on Transportation and Infrastruc- ingly (at 12 o’clock and 46 minutes Counsel for Regulatory Law, Department of ture. a.m.), the House adjourned until today, Energy, transmitting the Department’s final 5963. A letter from the Program Analyst, Wednesday, March 20, 2002, at 10 a.m. rule—Guide to Preventing Computer Soft- Department of Transportation, transmitting ware Piracy—received January 14, 2002, pur- the Department’s final rule—Airworthiness f suant to 5 U.S.C. 801(a)(1)(A); to the Com- Directives; Eurocopter France Model SE EXECUTIVE COMMUNICATIONS, mittee on Government Reform. 3130, SE 313B, SA 315B, SE 3160, SA 316B, SA 5953. A letter from the Director, Office of ETC. 316C, SA 3180, SA 318B, SA 318C, and SA 319B Personnel Management, transmitting a re- Helicopters [Docket No. 2001–SW–38–AD; Under clause 8 of rule XII, executive port pursuant to the Federal Vacancies Re- Amendment 39–12625; AD 2002–01–30] (RIN: communications were taken from the form Act of 1998; to the Committee on Gov- 2120–AA64) received March 7, 2002, pursuant Speaker’s table and referred as follows: ernment Reform. to 5 U.S.C. 801(a)(1)(A); to the Committee on 5954. A letter from the Director, United 5943. A letter from the Administrator, Transportation and Infrastructure. States Trade and Development Agency, 5964. A letter from the Program Analyst, Rural Utilities Service, Department of Agri- transmitting a consolidated report on audit culture, transmitting the Department’s final Department of Transportation, transmitting and internal management activities in ac- the Department’s final rule—Airworthiness rule—Distance Learning and Telemedicine cordance with the provisions of the Inspector Loan and Grant Program (RIN: 0572–AB70) Directives; Eurocopter France Model EC 155B General Act and the Federal Managers’ Fi- Helicopters [Docket No. 2001–SW–71–AD; received March 6, 2002, pursuant to 5 U.S.C. nancial Integrity Act, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- Amendment 39–12627; AD 2001–26–54] (RIN: app. (Insp. Gen. Act) section 5(b); to the 2120–AA64) received March 7, 2002, pursuant culture. Committee on Government Reform. 5944. A letter from the Administrator, De- to 5 U.S.C. 801(a)(1)(A); to the Committee on 5955. A letter from the Register of Copy- Transportation and Infrastructure. partment of Agriculture, transmitting the rights, Library of Congress, transmitting a Department’s final rule—Raisins Produced 5965. A letter from the Program Analyst, schedule of proposed new copyright fees and Department of Transportation, transmitting From Grapes Grown in California; Extension the accompanying analysis; to the Com- of Redemption Date for Unsold 2001 Diver- the Department’s final rule—Airworthiness mittee on the Judiciary. Directives; Eurocopter France Model sion Certificates [Docket No. FV02–989–3 5956. A letter from the Senior Regulations IFR] received March 6, 2002, pursuant to 5 AS350B, AS350B1, AS350B2, AS350BA, Analyst, Department of Transportation, AS350B3, AS350C, AS350D, AS350D1, AS355E, U.S.C. 801(a)(1)(A); to the Committee on Ag- transmitting the Department’s final rule— riculture. AS355F, AS355F1, AS355F2, and AS355N Heli- Tarriff of Tolls [Docket No. SLSDC 2002– copters [Docket No. 2001–S W–74–AD; Amend- 5945. A letter from the Administrator, De- 11529] (RIN: 2135–AA14) received February 19, partment of Agriculture, transmitting the ment 39–12626; AD 2001–26–55] (RIN: 2120– 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the AA64) received March 7, 2002, pursuant to 5 Department’s final rule—Irish Potatoes Committee on Transportation and Infra- Grown in Colorado; Suspension of Con- U.S.C. 801(a)(1)(A); to the Committee on structure. Transportation and Infrastructure. tinuing Assessment Rate [Docket No. FV01– 5957. A letter from the Chairman, Depart- 5966. A letter from the Program Analyst, 948–2 FIR] received March 6, 2002, pursuant to ment of Transportation, transmitting the Department of Transportation, transmitting 5 U.S.C. 801(a)(1)(A); to the Committee on Department’s final rule—Electronic Access the Department’s final rule—Airworthiness Agriculture. to Case Filings—received February 14, 2002, Directives; Boeing Model 747 Series Air- 5946. A letter from the Assistant Secretary pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- planes [Docket No. 2000–NM–350–AD; Amend- of the Navy, Department of Defense, trans- mittee on Transportation and Infrastruc- ment 39–12512; AD 2001–23–13] (RIN: 2120– mitting notification of the Department’s de- ture. AA64) received March 7, 2002, pursuant to 5 cision to study certain functions performed 5958. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on by military and civilian personnel in the De- Department of Transportation, transmitting Transportation and Infrastructure. partment of the Navy for possible perform- the Department’s final rule—Airworthiness ance by private contractors, pursuant to 10 Directives; Dowty Aerospace Propellers Type 5967. A letter from the Secretary, Depart- U.S.C. 2461; to the Committee on Armed R334/4–82–F/13 Propeller Assemblies [Docket ment of Health and Human Services, trans- Services. No. 2001–NE–50–AD; Amendment 39–12623; AD mitting a report on Agency Drug-Free Work- 5947. A letter from the Director, Defense 2002–01–28] (RIN: 2120–AA64) received March 7, place Plans, pursuant to Public Law 100—71, Security Cooperation Agency, Department of 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the section 503(a)(1)(A) (101 Stat. 468); jointly to Defense, transmitting notification con- Committee on Transportation and Infra- the Committees on Appropriations and Gov- cerning the Department of the Air Force’s structure. ernment Reform. Proposed Letter(s) of Offer and Acceptance 5959. A letter from the Program Analyst, 5968. A letter from the Deputy Secretary of (LOA) to Austria for defense articles and Department of Transportation, transmitting Defense, Department of Defense, transmit- services (Transmittal No. 02–19), pursuant to the Department’s final rule—Airworthiness ting a report on ‘‘The Appropriate Executive 22 U.S.C. 2776(b); to the Committee on Inter- Directives; General Electric Company GE90 Agency for the Cooperative Threat Reduc- national Relations. Series Turbofan Engines [Docket No. 98– tion (CTR) Programs’’; jointly to the Com- 5948. A letter from the Director, Defense ANE–17–AD; Amendment 39–12622; AD 2002– mittees on Armed Services and International Security Cooperation Agency, Department of 01–27] (RIN: 2120–AA64) received March 7, Relations. Defense, transmitting notification con- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5969. A letter from the Secretary, Depart- cerning the Department of the Navy’s pro- Committee on Transportation and Infra- ment of Health and Human Services, trans- posed Letter(s) of Offer and Acceptance structure. mitting a report on the fiscal years 1997–1999 (LOA) to the Republic of Korea for defense 5960. A letter from the Program Analyst, Low Income Home Energy Assistance Pro- articles and services (Transmittal No. 02–17), Department of Transportation, transmitting gram, pursuant to 42 U.S.C. 8629(b); jointly to pursuant to 22 U.S.C. 2776(b); to the Com- the Department’s final rule—Airworthiness the Committees on Energy and Commerce mittee on International Relations. Directives; Dornier Model 328–100 Series Air- and Education and the Workforce. 5949. A letter from the Director, Inter- planes [Docket No. 2002–NM–07–AD; Amend- 5970. A letter from the Secretary, Depart- national Cooperation, Department of De- ment 39–12611; AD 2002–01–17] (RIN: 2120– ment of Health and Human Services, trans- fense, transmitting a copy of Transmittal AA64) received March 7, 2002, pursuant to 5 mitting a report entitled, ‘‘Nursing Home No. 06–02 which informs the intent to sign an U.S.C. 801(a)(1)(A); to the Committee on Data Compendium 2000’’; jointly to the Com- amendment to the Memorandum of Agree- Transportation and Infrastructure. mittees on Energy and Commerce and Ways ment (MOA) between the United States and 5961. A letter from the Program Analyst, and Means. Israel concerning Counterterrorism Research Department of Transportation, transmitting 5971. A letter from the Assistant Secretary and Development, pursuant to 22 U.S.C. the Department’s final rule—Airworthiness for Legislative Affairs, Department of State, 2767(f); to the Committee on International Directives; General Electric Company CF6– transmitting notification of intent to obli- Relations. 80E1 Model Turbofan Engines [Docket No. gate funds for purposes of Nonproliferation 5950. A letter from the Deputy Chief Coun- 2001–NE–45–AD; Amendment 39–12595; AD and Disarmament Fund (NDF) activities; sel, Office of Foreign Assets Control, Depart- 2002–01–04] (RIN: 2120–AA64) received March 7, jointly to the Committees on International ment of the Treasury, transmitting the De- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Relations and Appropriations. partment’s final rule —Rough Diamonds (Si- Committee on Transportation and Infra- 5972. A letter from the Congressional Liai- erra Leone & Liberia) Sanctions Regula- structure. son Officer, United States Trade and Devel- tions—received February 1, 2002, pursuant to 5962. A letter from the Program Analyst, opment Agency, transmitting a prospective 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting funding obligations which require special no- International Relations. the Department’s final rule—Airworthiness tification under section 520 of the Kenneth 5951. A letter from the White House Liai- Directives; Boeing Model 767–200, –300, and M. Ludden Foreign Operations, Export Fi- son, Department of Education, transmitting –300F Series Airplanes [Docket No. 2001–NM– nancing, and Related Programs Appropria- a report pursuant to the Federal Vacancies 385–AD; Amendment 39–12609; AD 2002–01–15] tions Act, Fiscal Year 2002; jointly to the Reform Act of 1998; to the Committee on (RIN: 2120–AA64) received March 7, 2002, pur- Committees on International Relations and Government Reform. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Appropriations.

VerDate 11-MAY-2000 04:50 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K19MR7.151 pfrm04 PsN: H19PT1 H1002 CONGRESSIONAL RECORD — HOUSE March 19, 2002 REPORTS OF COMMITTEES ON ation of such provisions as fall within the ju- Massachusetts and Rhode Island, and for PUBLIC BILLS AND RESOLUTIONS risdiction of the committee concerned. other purposes; to the Committee on Re- By Mr. BOEHLERT (for himself and sources. Under clause 2 of rule XIII, reports of Mr. HALL of Texas): By Mr. KING (for himself, Mr. ABER- committees were delivered to the Clerk H.R. 3996. A bill to amend the Federal CROMBIE, Mr. CAPUANO, Mr. COYNE, for printing and reference to the proper Water Pollution Control Act to authorize ap- Mr. LEACH, Mr. ORTIZ, Mr. calendar, as follows: propriations for water pollution control re- RODRIGUEZ, Mr. FERGUSON, Mr. search, development, and technology dem- Mr. GOSS: Committee on Rules. House LYNCH, and Mr. SHAYS): onstration, and for other purposes; to the H.R. 4005. A bill to provide for a circulating Resolution 372. Resolution providing for con- Committee on Transportation and Infra- quarter dollar coin program to commemo- sideration of the concurrent resolution (H. structure, and in addition to the Committee rate the District of Columbia, the Common- Con. Res. 353) establishing the congressional on Science, for a period to be subsequently wealth of Puerto Rico, Guam, American budget for the United States Government for determined by the Speaker, in each case for Samoa, the United States Virgin Islands, and fiscal year 2003 and setting forth appropriate consideration of such provisions as fall with- the Commonwealth of the Northern Mariana budgetary levels for each of fiscal years 2004 in the jurisdiction of the committee con- Islands, and for other purposes; to the Com- through 2007 (Rept. 107–380). Referred to the cerned. mittee on Financial Services. House Calendar. By Mr. ACEVEDO-VILA: By Mr. KING (for himself, Mrs. MCCAR- Mr. SESSIONS: Committee on Rules. H.R. 3997. A bill to amend the Richard B. THY of New York, Mr. GRUCCI, Mr. House Resolution 373. Resolution providing Russell National School Lunch Act to clarify GILMAN, Mr. RANGEL, Mrs. LOWEY, for consideration of the bill (H.R. 3924) to au- requirements with respect to the purchase of Mr. WEINER, Mr. SERRANO, Mr. QUINN, thorize telecommuting for Federal contrac- domestic commodities and products by Mr. ENGEL, Mr. FOSSELLA, Mr. tors (Rept. 107–381). Referred to the House school food authorities in Puerto Rico under TOWNS, Mr. SWEENEY, Mr. REYNOLDS, Calendar. the school lunch and breakfast programs; to Mr. MCNULTY, Mr. HOUGHTON, Mr. f the Committee on Education and the Work- CROWLEY, Mrs. KELLY, Mr. WALSH, Mr. MEEKS of New York, Mr. ISRAEL, TIME LIMITATION OF REFERRED force. By Mr. CALLAHAN: Mr. MCHUGH, Mr. BOEHLERT, Ms. BILL H.R. 3998. A bill to suspend temporarily the VELAZQUEZ, Mr. LAFALCE, Mr. Pursuant to clause 2 of rule XII the duty on ethyl pyruvate; to the Committee on OWENS, Mr. HINCHEY, Mrs. MALONEY following action was taken by the Ways and Means. of New York, Mr. ACKERMAN, Ms. Speaker: By Mr. CALLAHAN: SLAUGHTER, Mr. LAHOOD, Mr. BRADY H.R. 3999. A bill to suspend temporarily the of Pennsylvania, Mr. NEAL of Massa- H.R. 3925. Referral to the Committees on duty on 5-Chloro-1-indanone; to the Com- chusetts, Ms. NORTON, Mr. ACEVEDO- the Judiciary and Ways and Means extended mittee on Ways and Means. VILA, Mrs. CHRISTENSEN, Mr. for a period ending not later than April 9, By Mr. WELLER (for himself, Mr. FALEOMAVAEGA, and Mr. UNDER- 2002. LEWIS of Georgia, Mr. BEREUTER, Mr. WOOD): f HINCHEY, Mr. FOLEY, Mr. MCNULTY, H.R. 4006. A bill to designate the United Mr. DEAL of Georgia, Ms. CARSON of States courthouse located at 100 Federal PUBLIC BILLS AND RESOLUTIONS Indiana, Mr. BONILLA, Mrs. Plaza in Central Islip, New York, as the Under clause 2 of rule XII, public CHRISTENSEN, Mr. SESSIONS, Mrs. ‘‘Alfonse M. D’Amato United States bills and resolutions were introduced JONES of Ohio, Mr. LATOURETTE, and Courthouse‘‘; to the Committee on Transpor- tation and Infrastructure. and severally referred, as follows: Mr. DAVIS of Illinois): H.R. 4000. A bill to amend title XVIII of the By Mr. SIMMONS: By Mr. HOUGHTON: Social Security Act to enhance the access of H.R. 4007. A bill to designate the facility of H.R. 3991. A bill to amend the Internal Rev- Medicare beneficiaries who live in medically the United States Postal Service located at enue Code of 1986 to protect taxpayers and underserved areas to critical primary and 66 South Broad Street in Pawcatuck, Con- ensure accountability of the Internal Rev- preventive health care benefits, to improve necticut, as the ‘‘Vincent F. Faulise Post Of- enue Service; to the Committee on Ways and the MedicareChoice program, and for other fice Building‘‘; to the Committee on Govern- Means. purposes; to the Committee on Ways and ment Reform. By Mr. BOEHLERT (for himself, Mr. Means, and in addition to the Committee on By Mrs. THURMAN (for herself and Mr. PASCRELL, and Mr. QUINN): Energy and Commerce, for a period to be ANDREWS): H.R. 4008. A bill to amend the Family and H.R. 3992. A bill to establish the SAFER subsequently determined by the Speaker, in Medical Leave Act of 1993 and title 5, United Firefighter Grant Program; to the Com- each case for consideration of such provi- States Code, to allow leave for individuals mittee on Science. sions as fall within the jurisdiction of the who provide living organ donations; to the By Mr. BRADY of Texas: committee concerned. Committee on Education and the Workforce, H.R. 3993. A bill to amend section 527 of the By Mr. CRANE (for himself, Mr. SAM Internal Revenue Code of 1986 to eliminate and in addition to the Committees on Gov- JOHNSON of Texas, and Mr. SESSIONS): ernment Reform, and House Administration, reporting and return requirements for State H.R. 4001. A bill to amend the Internal Rev- for a period to be subsequently determined and local candidate committees and to avoid enue Code of 1986 to decrease the floor for duplicate reporting of campaign-related in- by the Speaker, in each case for consider- the deduction for medical care to two per- ation of such provisions as fall within the ju- formation; to the Committee on Ways and cent of adjusted gross income; to the Com- Means. risdiction of the committee concerned. mittee on Ways and Means. By Mr. HOYER (for himself, Mrs. By Mr. HYDE (for himself, Mr. LANTOS, By Mrs. DAVIS of California: MORELLA, Ms. NORTON, Mr. WYNN, Mr. GILMAN, and Mr. ACKERMAN): H.R. 4002. A bill to amend the Internal Rev- Mr. MORAN of Virginia, and Mr. H.R. 3994. A bill to authorize economic and enue Code of 1986 to allow individuals a de- democratic development assistance for Af- WOLF): duction for qualified long-term care insur- H. Con. Res. 356. Concurrent resolution au- ghanistan and to authorize military assist- ance premiums, use of such insurance under thorizing the use of the Capitol Grounds for ance for Afghanistan and certain other for- cafeteria plans and flexible spending ar- the Greater Washington Soap Box Derby; to eign countries; to the Committee on Inter- rangements, and a credit for individuals with the Committee on Transportation and Infra- national Relations. long-term care needs; to the Committee on structure. By Mrs. ROUKEMA (for herself, Mr. Ways and Means. By Mr. PAYNE: GREEN of Wisconsin, Mr. OXLEY, Mr. By Mr. HEFLEY (for himself, Mr. H. Con. Res. 357. Concurrent resolution ex- ANDREWS, Mr. LUCAS of Kentucky, UDALL of Colorado, Mr. PALLONE, Mr. pressing the sense of the Congress that the Mr. BEREUTER, Mr. BACHUS, Mr. KING, SAXTON, Mr. MORAN of Virginia, Mr. Parthenon Marbles should be returned to Mr. NEY, Mr. BARR of Georgia, Mrs. GREENWOOD, Mr. CASTLE, Mr. AN- Greece; to the Committee on International KELLY, Mr. RILEY, Mr. GARY G. MIL- DREWS, and Mr. PASCRELL): Relations. LER of California, Mr. CANTOR, Mr. H.R. 4003. A bill to protect diverse and By Mr. RYUN of Kansas (for himself, GRUCCI, Mr. ROGERS of Michigan, Mr. structurally complex areas of the seabed in Mr. WALSH, Mrs. MCCARTHY of New TIBERI, Mr. LEACH, Mr. SHAYS, Mr. the United States exclusive economic zone York, and Mrs. CAPPS): LATOURETTE, Mr. JONES of North by establishing a maximum diameter size H. Con. Res. 358. Concurrent resolution Carolina, Ms. HART, Mr. FERGUSON, limit on rockhopper, roller, and all other supporting the goals and ideals of National and Mr. PICKERING): groundgear used on bottom trawls; to the Better Hearing and Speech Month, and for H.R. 3995. A bill to amend and extend cer- Committee on Resources. other purposes; to the Committee on Energy tain laws relating to housing and community By Mr. KENNEDY of Rhode Island (for and Commerce. opportunity, and for other purposes; to the himself, Mr. LANGEVIN, Mr. MCGOV- By Mr. STRICKLAND: Committee on Financial Services, and in ad- ERN, and Mr. NEAL of Massachusetts): H. Con. Res. 359. Concurrent resolution ex- dition to the Committee on the Judiciary, H.R. 4004. A bill to authorize appropria- pressing the sense of Congress opposing the for a period to be subsequently determined tions for the John H. Chafee Blackstone enactment of any proposal for the establish- by the Speaker, in each case for consider- River Valley National Heritage Corridor in ment of a deductible for veterans receiving

VerDate 11-MAY-2000 04:13 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.064 pfrm04 PsN: H19PT1 March 19, 2002 CONGRESSIONAL RECORD — HOUSE H1003

health care from the Department of Veterans H.R. 2980: Mr. TOOMEY. H.R. 3899: Mr. MASCARA and Mr. HILLIARD. Affairs; to the Committee on Veterans’ Af- H.R. 3002: Mr. OTTER. H.R. 3911: Mr. BONILLA, Mr. SHERMAN, and fairs. H.R. 3025: Mr. BARTLETT of Maryland. Mr. SIMMONS. By Mrs. CAPITO: H.R. 3027: Ms. NORTON, Mr. PALLONE, Mr. H.R. 3924: Mrs. CAPITO, Mr. MORAN of Vir- H. Res. 371. A resolution expressing the RUSH, Mr. WYNN, Mr. RANGEL, and Mr. ginia, Mrs. JO ANN DAVIS of Virginia, Mr. sense of the House of Representatives regard- PAYNE. SCHROCK, Mr. OSE, and Mr. WOLF. ing Women’s History Month; to the Com- H.R. 3100: Mr. HOUGHTON. H.R. 3926: Ms. HOOLEY of Oregon. mittee on Government Reform. H.R. 3113: Mr. CAPUANO, Mr. TOWNS, Mr. H.R. 3929: Mr. LAMPSON, Mr. MOORE, and ACKERMAN and Mr. SERRANO. Ms. JACKSON-LEE of Texas. f H.R. 3130: Mrs. WILSON of New Mexico, Ms. H.R. 3933: Mr. WAXMAN. ADDITIONAL SPONSORS DUNN, Mr. DOOLEY of California, Ms. HAR- H.R. 3938: Mr. SIMMONS. MAN, Mrs. MALONEY of New York, Mr. REYES H.R. 3946: Mr. PENCE and Mr. KERNS. Under clause 7 of rule XII, sponsors Mr. LIPINSKI, Ms. RIVERS, Ms. ESHOO, Mr. H.R. 3953: Mr. ENGLISH. were added to public bills and resolu- BOUCHER, and Ms. LOFGREN. H.R. 3955: Mr. UNDERWOOD. tions as follows: H.R. 3206: Mrs. JOHNSON of Connecticut and H.R. 3959: Mr. PASTOR. Mr. SIMMONS. H.R. 198: Mr. OTTER. H.R. 3968: Mr. FROST, Mr. TANCREDO, Mr. H.R. 3207: Mr. LYNCH. H.R. 303: Mr. PENCE and Ms. VELAZQUEZ. KING, Mr. JACKSON of Illinois, and Ms. BROWN H.R. 3230: Mr. LAMPSON. H.R. 360: Mr. ORTIZ. of Florida. H.R. 3231: Mr. FLAKE, Mr. WILSON of South H.R. 397: Mr. FLETCHER and Mr. WELLER. H.R. 3969: Mr. WYNN. Carolina, Mr. YOUNG of Alaska, Mr. BARR of H.R. 476: Mr. SULLIVAN. H.R. 3985: Mr. KILDEE. Georgia, Mr. MCINTYRE, and Mr. CASTLE. H.R. 489: Mr. FORBES and Mr. BAIRD. H.J. Res. 81: Mr. BRYANT. H.R. 3244: Mr. CLYBURN, Mr. CAPUANO, Mr. H.R. 510: Ms. SLAUGHTER and Mr. TIERNEY. H. Con. Res. 42: Mr. COYNE, Mrs. MEEK of TANNER, Mr. ORTIZ, Mr. WAXMAN, Mr. H.R. 556: Mr. OWENS. Florida, Mr. UNDERWOOD, and Mrs. THURMAN. RODRIGUEZ, Mr. CLEMENT, and Mr. PICKERING. H.R. 848: Mr. HOEFFEL. H. Con. Res. 99: Mr. BRADY of Pennsyl- H.R. 3279: Mr. NADLER. H.R. 854: Mr. MANZULLO, Mr. DAVIS of Illi- vania, Mr. ACKERMAN, Mr. MCDERMOTT, and H.R. 3320: Mr. OWENS. nois, and Mr. LYNCH. Mr. RANGEL. H.R. 3321: Mr. YOUNG of Alaska and Mr. H.R. 858: Mr. MOORE and Mr. ANDREWS. H. Con. Res. 260: Mrs. MINK of Hawaii and BALDACCI. H.R. 914: Mr. LUCAS of Kentucky. Mr. OLVER. H.R. 3336: Mr. WEXLER and Mr. LYNCH. ONIOR EACH H. Con. Res. 315: Mr. HAYES. H.R. 953: Mr. B , Mr. L , and Mr. H.R. 3382: Mr. NADLER. H. Con. Res. 320: Mr. HALL of Ohio, Mr. AN- RAMSTAD. H.R. 3388: Mr. FOLEY. H.R. 1051: Mr. PASTOR, Mr. GREEN of Texas, DREWS, Mrs. MEEK of Florida, and Mr. FARR H.R. 3414: Mr. BALDACCI and Ms. RIVERS. of California. Mr. BACA, and Mr. COSTELLO. H.R. 3443: Mr. RUSH and Mr. ROGERS of H. Con. Res. 336: Mr. JACKSON of Illinois. H.R. 1108: Mr. REYES. Michigan. H. Con. Res. 346: Ms. KILPATRICK, Mrs. H.R. 1143: Mr. UDALL of New Mexico, Mr. H.R. 3450: Mr. KENNEDY of Rhode Island, MALONEY of New York, Mr. BERMAN, Ms. OWENS, and Mr. SNYDER. Mrs. DAVIS of California, Mr. LAHOOD, Mr. MCKINNEY, and Mr. HORN. H.R. 1146: Mr. JEFF MILLER of Florida. SHOWS, Mr. DEUTSCH, Ms. JACKSON-LEE of H. Con. Res. 351: Mr. LANTOS, Mr. HORN, H.R. 1184: Mr. BENTSEN and Mr. COSTELLO. Texas, Mr. ORTIZ, Ms. CARSON of Indiana, Mr. Ms. KAPTUR, and Ms. KILPATRICK. H.R. 1213: Mr. GREEN of Texas. MEEHAN, and Mr. BOUCHER. H. Res. 346: Mr. BARR of Georgia, Mr. JONES H.R. 1214: Mr. STRICKLAND. H.R. 3464: Mr. GILCHREST, Mr. SABO, Mr. of North Carolina, and Mr. LAHOOD. H.R. 1305: Ms. KILPATRICK. LOBIONDO. H. Res. 368: Mr. OSBORNE, Mr. KIRK, Mr. H.R. 1307: Mr. DICKS. H.R. 3498: Mr. ETHERIDGE. REYES, Mr. HORN, Mr. LATOURETTE, Mr. H.R. 1354: Ms. BERKLEY, Mr. WEXLER, and H.R. 3524: Mr. POMEROY. PLATTS, Mr. JEFF MILLER of Florida, and Mr. TERRY. H.R. 3580: Mr. RUSH, Mr. EHRLICH, Mr. Mrs. BIGGERT. H.R. 1433: Mr. WAXMAN. WYNN, and Mr. BURR of North Carolina. H.R. 1475: Ms. WATSON, Mr. SANDLIN, Mr. H.R. 3597: Mr. PASCRELL, Mr. FILNER, and f REYES, and Mr. CAPUANO. Mr. TIERNEY. AMENDMENTS H.R. 1556: Mr. BOOZMAN, Ms. DEGETTE, Mr. H.R. 3605: Mr. SAM JOHNSON of Texas. BERRY, Mr. UPTON, Mrs. DAVIS of California, H.R. 3626: Mr. WEINER. Under clause 8 of rule XVIII, pro- Mr. ETHERIDGE, and Mr. LYNCH. H.R. 3661: Mr. GORDON, Mr. LAMPSON, Mr. posed amendments were submitted as H.R. 1581: Mr. RADANOVICH. OWENS, and Mr. SAM JOHNSON of Texas. follows: H.R. 1604: Mr. BERRY. H.R. 3679: Ms. LOFGREN and Mr. RUSH. H. CON. RES. 353 H.R. 1609: Mr. NEAL of Massachusetts, Mr. H.R. 3713: Mr. SCHIFF, Mr. FOLEY, and Mrs. JOHN, Mr. MATHESON, Mr. FOLEY, Mr. LYNCH, MINK of Hawaii. OFFERED BY: MR. ENGEL and Mr. ETHERIDGE. H.R. 3717: Mr. PETERSON of Minnesota, Ms. AMENDMENT NO. 1: H.R. 1626: Mr. ROTHMAN. SANCHEZ, Mr. ROSS, Mr. THOMPSON of Mis- Paragraph (1)(A) of section 101 (the rec- H.R. 1672: Mr. TOWNS, Mr. STARK, and Mrs. sissippi, and Mr. POMEROY. ommended levels of Federal revenues) is MALONEY of New York. H.R. 3733: Mr. RODRIGUEZ. amended by increasing revenues for the fis- H.R. 1673: Mr. SIMPSON. H.R. 3741: Mr. ISAKSON, Mr. SESSIONS, and cal years set forth below as follows: H.R. 1683: Mr. WEXLER, Mr. CAPUANO, Mr. Mr. NORWOOD. Fiscal year 2003: $15,000,000. GUTIERREZ, Ms. MCKINNEY, and Mrs. H.R. 3782: Mr. BOSWELL, Mr. CUMMINGS, and Fiscal year 2004: $135,000,000. CHRISTENSEN. Mr. WAMP. Fiscal year 2005: $305,000,000. H.R. 1784: Mr. STARK. H.R. 3792: Mr. LOBIONDO, Mrs. DAVIS of Fiscal year 2006: $395,000,000. H.R. 1795: Mr. GIBBONS and Mr. DOOLITTLE. California, Ms. MCCARTHY of Missouri, Mr. Fiscal year 2007: $420,000,000. H.R. 1877: Mr. SIMMONS. MCGOVERN, Mr. KILDEE, Ms. MCKINNEY, and Paragraph (1)(B) of section 101 (the H.R. 1904: Ms. DEGETTE. Mrs. MINK of Hawaii. amounts by which the aggregate levels of H.R. 1978: Mr. KILDEE. H.R. 3794: Mr. SCHIFF, Ms. ROYBAL-ALLARD, Federal revenues should be reduced) is H.R. 1990: Mr. BROWN of Ohio. Ms. MILLENDER-MCDONALD, Mrs. DAVIS of amended by reducing the reduction for the H.R. 2125: Mr. TANNER and Mr. TRAFICANT. California, Mr. MATSUI, Mr. HOLDEN, and Ms. fiscal years set forth below as follows: H.R. 2207: Mrs. JONES of Ohio. MCCOLLUM. Fiscal year 2003: $15,000,000. H.R. 2254: Ms. MCKINNEY, Mr. CONYERS, and H.R. 3798: Mr. SCHAFFER, Mr. LINDER, and Fiscal year 2004: $135,000,000. Mr. SWEENEY. Mr. PENCE. Fiscal year 2005: $305,000,000. H.R. 2322: Mr. SULLIVAN. H.R. 3802: Mr. SCHAFFER and Mr. UNDER- Fiscal year 2006: $395,000,000. H.R. 2339: Mr. STRICKLAND. WOOD. Fiscal year 2007: $420,000,000. H.R. 2349: Mrs. CAPITO. H.R. 3812: Mr. BARTLETT of Maryland. H.R. 2406: Mr. MCDERMOTT. H.R. 3814: Mr. DAVIS of Illinois and Mr. FIL- Paragraph (2) of section 101 (the appro- H.R. 2487: Mr. LAMPSON. NER. priate levels of new budget authority) is H.R. 2570: Mr. CLEMENT, Mr. HOLT, Mr. H.R. 3818: Mr. DINGELL, Ms. KAPTUR, Mr. amended by increasing new budget authority SANDERS, Ms. RIVERS, Mrs. CLAYTON, Mr. LYNCH, and Mr. BORSKI. for the fiscal years set forth below as fol- WAXMAN, and Mr. COSTELLO. H.R. 3827: Mrs. EMERSON, Mr. PICKERING, lows: H.R. 2631: Mr. WELLER and Mr. GOODE. Mr. HAYES, and Mr. JONES of North Carolina. Fiscal year 2003: $500,000,000. H.R. 2674: Mr. BACA. H.R. 3833: Mr. ROGERS of Michigan. Fiscal year 2004: $500,000,000. H.R. 2800: Mr. PENCE. H.R. 3834: Mr. WALSH and Mrs. THURMAN. Fiscal year 2005: $500,000,000. H.R. 2806: Mr. DELAHUNT. H.R. 3884: Mrs. JOHNSON of Connecticut, Fiscal year 2006: $500,000,000. H.R. 2820: Mr. EDWARDS, Ms. WOOLSEY, Mr. Mr. LEVIN, Mr. STARK, Mr. MATSUI, Ms. KAP- Fiscal year 2007: $500,000,000. COOKSEY, Mr. BERRY, Mr. MICA, Mr. TUR, Ms. SLAUGHTER, Ms. BROWN of Florida, Paragraph (3) of section 101 (the appro- LAMPSON, Mr. GREEN of Wisconsin, Mr. Mr. SANDERS, Ms. CARSON of Indiana, and Ms. priate levels of total budget outlays) is WHITFIELD, Mrs. KELLY, and Ms. MCCOLLUM. JACKSON-LEE of Texas. amended by increasing total budget outlays

VerDate 11-MAY-2000 04:50 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\L19MR7.100 pfrm04 PsN: H19PT1 H1004 CONGRESSIONAL RECORD — HOUSE March 19, 2002 for the fiscal years set forth below as fol- budget authority and outlays for fiscal years (A) New budget authority, $500,000,000. lows: 2003 through 2007 as follows: (B) Outlays, $305,000,000. Fiscal year 2003: $15,000,000. Fiscal year 2003: Fiscal year 2006: Fiscal year 2004: $135,000,000. (A) New budget authority, $500,000,000. (A) New budget authority, $500,000,000. Fiscal year 2005: $305,000,000. (B) Outlays, $15,000,000. (B) Outlays, $395,000,000. Fiscal year 2006: $395,000,000. Fiscal year 2004: Fiscal year 2007: Fiscal year 2007: $420,000,000. (A) New budget authority, $500,000,000. (A) New budget authority, $500,000,000. Paragraph (13) of section 103 (Income Secu- (B) Outlays, $135,000,000. (B) Outlays, $420,000,000. rity (600)) is amended by increasing new Fiscal year 2005:

VerDate 11-MAY-2000 04:13 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A19MR7.072 pfrm04 PsN: H19PT1 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, MARCH 19, 2002 No. 32 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING and Senator GRAMM have been working called to order by the Honorable ZELL PRESIDENT PRO TEMPORE for about a week now. MILLER, a Senator from the State of The PRESIDING OFFICER. The Mr. LOTT. Mr. President, will the Georgia. clerk will please read a communication Senator from Nevada yield? to the Senate from the President pro Mr. REID. I will be happy to yield. PRAYER tempore (Mr. BYRD). Mr. LOTT. I know there have been a The Chaplain, Dr. Lloyd John The assistant legislative clerk read lot of negotiations back and forth on Ogilvie, offered the following prayer: the following letter: getting agreement on how to proceed on campaign finance reform. I was Dear God, today we want to live out U.S. SENATE, the true meaning of the motto of our PRESIDENT PRO TEMPORE, under the impression that perhaps an Nation, ‘‘In God We Trust.’’ All Washington, DC, March 19, 2002. agreement was close. through this day we will live the To the Senate: Mr. REID. That is my understanding. Under the provisions of rule I, paragraph 3, psalmist’s admonition for successful Mr. LOTT. Do you have information of the Standing Rules of the Senate, I hereby on that, and when do you expect we living: ‘‘Commit your way to the Lord, appoint the Honorable ZELL MILLER, a Sen- trust also in Him, and He shall bring it would try to enter into an agreement? ator from the State of Georgia, to perform Because obviously that affects the to pass.’’—Psalm 37:5. We claim the the duties of the Chair. schedule of how we proceed on other meaning of the word ‘‘commit’’ in He- ROBERT C. BYRD, brew as ‘‘to roll over.’’ We roll over our President pro tempore. issues, the energy bill in particular. burdens from our shoulders onto Your Mr. MILLER thereupon assumed the Mr. REID. Senator DASCHLE has au- mighty shoulders. chair as Acting President pro tempore. thorized me to say that whenever there is agreement, he will move forward on We begin this day very conscious of f the burdens we have tried to carry our- it immediately. The fact is, there just RECOGNITION OF THE ACTING selves: personal needs, physical prob- has not been one yet, to my knowledge. MAJORITY LEADER Mr. FEINGOLD. Mr. President, if I lems, concerns for people we love, could speak just for a moment—and I friends about whom we worry, plus all The ACTING PRESIDENT pro tem- thank the minority leader—just to the responsibilities of work, and our pore. The acting majority leader is rec- make it clear, the cloture motion has unfinished projects and proposals. We ognized. been filed. It will ripen tomorrow. Re- take all of these and roll them over f gardless of the other discussions and onto You. We trust You to give us SCHEDULE negotiations, our understanding is that strength to work today free of fretting will go forward. There are, however, frustration. We accept Your invitation Mr. REID. Mr. President, today the negotiations going on with regard to through Peter: ‘‘Let God have all your Senate will resume consideration of some technical aspects, and we hope worries and cares, for He is always H.R. 2356, the Campaign Finance Re- that can be worked out. thinking about you and watching ev- form Act. Cloture was filed yesterday. I want to be clear because sometimes erything that concerns you.’’—1 Peter Therefore, Senators have until 12:30 it seems as if, in these conversations, 5:7, Living Bible. today to file first-degree amendments. people think the two are linked and Thank You, that You have lightened Unless agreement is reached on final nothing will move forward. The cam- our load of what we could not carry passage of campaign finance, the Sen- paign finance bill is going forward and alone and strengthened our backs for ate will vote on cloture tomorrow it will be voted on tomorrow, as a clo- what You call us to carry with Your morning. While negotiations continue on cam- ture vote, unless there is some agree- help. Amen. paign finance, we expect to resume ment. But, yes, as the minority leader consideration of the energy reform bill. has suggested, there are some con- f I see Senator FEINGOLD. We will be versations and discussions going on happy if there are statements he or that we hope will be fruitful. PLEDGE OF ALLEGIANCE others wish to make on that legisla- Mr. REID. I say to my friend from The Honorable ZELL MILLER led the tion. But as I have indicated, unless Wisconsin, that is what I did say ear- Pledge of Allegiance, as follows: there is some movement in the way of lier. We have the votes scheduled to- I pledge allegiance to the Flag of the some amendments, we will try to get morrow, and I ask Senators to file United States of America, and to the Repub- back to the energy reform bill. amendments, if they have them, by lic for which it stands, one nation under God, Senator FEINSTEIN is here to move 12:30 today. It is my understanding, I indivisible, with liberty and justice for all. forward on the matter on which she say to both the Republican leader and

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

S2017

.

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.000 pfrm02 PsN: S19PT1 S2018 CONGRESSIONAL RECORD — SENATE March 19, 2002 the Senator from Wisconsin, that any The assistant legislative clerk read transaction in an exempt energy commodity agreement that is being talked about as follows: or an exempt metal commodity described in will call for a vote tomorrow anyway. A bill (S. 517) to authorize funding for the section 2(j)(1).’’; and Department of Energy to enhance its mis- (2) by adding at the end the following: That is my understanding. ‘‘(j) EXEMPT TRANSACTIONS.— sion areas through technology transfer and Mr. FEINGOLD. That is correct. ‘‘(1) TRANSACTIONS IN EXEMPT ENERGY COM- Mr. REID. I think we can look for- partnerships for fiscal years 2002 through 2006, and for other purposes. MODITIES AND EXEMPT METALS COMMODITIES.— ward to a cloture vote tomorrow on An agreement, contract, or transaction (in- this bill, regardless of what happens. Pending: cluding a transaction described in section I hope there will be some progress on Daschle/Bingaman further modified 2(g)) in an exempt energy commodity or ex- the energy bill. In addition to the work amendment No. 2917, in the nature of a sub- empt metal commodity shall be subject to— of Senator FEINSTEIN, we also have the stitute. ‘‘(A) sections 4b, 4c(b), 4o, and 5b; alternative fuels problem we wish to Feinstein amendment No. 2989 (to amend- ‘‘(B) subsections (c) and (d) of section 6 and ment No. 2917), to provide regulatory over- sections 6c, 6d, and 8a, to the extent that have resolved. I hope Senator KYL will sight over energy trading markets. come over as soon as possible today to those provisions— Kerry/McCain amendment No. 2999 (to ‘‘(i) provide for the enforcement of the re- offer his amendment. That would pret- amendment No. 2917), to provide for in- quirements specified in this subsection; and ty much do for the alternative fuels creased average fuel economy standards for ‘‘(ii) prohibit the manipulation of the mar- problems we have with this legislation. passenger automobiles and light trucks. ket price of any commodity in interstate Dayton/Grassley amendment No. 3008 (to So it is contemplated there will be commerce or for future delivery on or sub- rollcall votes in relation to the energy amendment No. 2917), to require that Federal agencies use ethanol-blended gasoline and ject to the rules of any contract market; bill throughout the day. biodiesel-blended diesel fuel in areas in ‘‘(C) sections 6c, 6d, 8a, and 9(a)(2), to the The Senate will recess from 12:30 to which ethanol-blended gasoline and bio- extent that those provisions prohibit the ma- 2:15 p.m. today for our weekly party diesel-blended diesel fuel are available. nipulation of the market price of any com- conferences. I appreciate everyone’s Bingaman amendment No. 3016 (to amend- modity in interstate commerce or for future courtesy, waiting while I made this ment No. 2917), to clarify the provisions re- delivery on or subject to the rules of any brief announcement. I do hope, though, lating to the Renewable Portfolio Standard. contract market; ‘‘(D) section 12(e)(2); and that everyone understands we are Lott amendment No. 3028 (to amendment No. 2917), to provide for the fair treatment of ‘‘(E) section 22(a)(4). going to try to move forward on the Presidential judicial nominees. ‘‘(2) BILATERAL DEALER MARKETS.— legislation we have before us, cam- Mr. REID. Mr. President, on the en- ‘‘(A) IN GENERAL.—Except as provided in paign finance reform, and it is my un- paragraph (6), a person or group of persons ergy bill, what is the pending amend- derstanding we can only get to the en- that constitutes, maintains, administers, or ergy bill today after having moved off ment? provides a physical or electronic facility or The ACTING PRESIDENT pro tem- campaign finance reform. Is that true? system in which a person or group of persons The ACTING PRESIDENT pro tem- pore. The pending amendment is the has the ability to offer, execute, trade, or pore. That is correct. Lott amendment, No. 3028. confirm the execution of an agreement, con- Mr. REID. I suggest the absence of a tract, or transaction (including a trans- f quorum. action described in section 2(g)) (other than RESERVATION OF LEADER TIME The ACTING PRESIDENT pro tem- an agreement, contract, or transaction in an The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. excluded commodity), by making or accept- pore. Under the previous order, the The assistant legislative clerk pro- ing the bids and offers of 1 or more partici- leadership time is reserved. ceeded to call the roll. pants on the facility or system (including fa- Mrs. FEINSTEIN. Mr. President, I cilities or systems described in clauses (i) f and (iii) of section 1a(33)(B)), may offer or BIPARTISAN CAMPAIGN REFORM ask unanimous consent the order for may allow participants in the facility or sys- ACT OF 2002 the quorum call be rescinded. tem to enter into, enter into, or confirm the The ACTING PRESIDENT pro tem- execution of any agreement, contract, or The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- transaction under paragraph (1) (other than pore. Under the previous order, the dered. an agreement, contract, or transaction in an Senate will now resume consideration AMENDMENT NO. 2989, AS MODIFIED excluded commodity) only if the person or of H.R. 2356, which the clerk will re- Mrs. FEINSTEIN. Mr. President, I group of persons meets the requirement of port. call for the regular order with respect subparagraph (B). The assistant legislative clerk read to my amendment. ‘‘(B) REQUIREMENT.—The requirement of as follows: The ACTING PRESIDENT pro tem- this subparagraph is that a person or group A bill (H.R. 2356) to amend the Federal of persons described in subparagraph (A) pore. The amendment of the Senator shall— Election Campaign Act of 1971 to provide bi- from California is now pending. partisan campaign reform. ‘‘(i) provide notice to the Commission in Mrs. FEINSTEIN. Mr. President, I Mr. REID. Mr. President, what is the such form as the Commission may specify by send a modification to the desk. rule or regulation; regular order? The ACTING PRESIDENT pro tem- ‘‘(ii) file with the Commission any reports The ACTING PRESIDENT pro tem- pore. The amendment is so modified. (including large trader position reports) that pore. The Senate is now considering The amendment, as modified, is as the Commission requires by rule or regula- H.R. 2356. follows: tion; Mr. REID. I ask we now move to the At the end, add the following: ‘‘(iii) maintain sufficient capital, commen- energy bill—that is the regular order? surate with the risk associated with the — Is my understanding correct that call- DIVISION ll MISCELLANEOUS transaction, as determined by the Commis- ing for the regular order would call up TITLE I—ENERGY DERIVATIVES sion; the energy bill at this time? SEC. ll1. JURISDICTION OF THE COMMODITY ‘‘(iv)(I) consistent with section 4i, main- FUTURES TRADING COMMISSION tain books and records relating to each The ACTING PRESIDENT pro tem- OVER ENERGY TRADING MARKETS pore. Calling for the regular order with transaction in such form as the Commission AND METALS TRADING MARKETS. may specify for a period of 5 years after the (a) FERC LIAISON.—Section 2(a)(8) of the respect to the energy bill would bring date of the transaction; and Commodity Exchange Act (7 U.S.C. 2(a)(8)) is the energy bill to the floor. ‘‘(II) make those books and records avail- amended by adding at the end the following: f able to representatives of the Commission ‘‘(C) FERC LIAISON.—The Commission and the Department of Justice for inspection NATIONAL LABORATORIES PART- shall, in cooperation with the Federal En- for a period of 5 years after the date of each NERSHIP IMPROVEMENT ACT OF ergy Regulatory Commission, maintain a li- transaction; and 2001—Resumed aison between the Commission and the Fed- ‘‘(iv) make available to the public on a eral Energy Regulatory Commission.’’. Mr. REID. Mr. President, I maybe daily basis information on volume, settle- misspoke. I ask for the regular order as (b) EXEMPT TRANSACTIONS.—Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is ment price, open interest, opening and clos- it relates to the energy bill that Sen- amended— ing ranges, and any other information that ator BINGAMAN has been marshaling (1) in subsection (h), by adding at the end the Commission determines to be appro- the last several days. the following: priate for public disclosure, except that the Commission may not— The ACTING PRESIDENT pro tem- ‘‘(7) APPLICABILITY.—This subsection does pore. The clerk will report. not apply to an agreement, contract, or

VerDate 11-MAY-2000 02:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.006 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2019 ‘‘(I) require the real time publication of (B) in subsection (i)(1)(A), by striking ‘‘sec- Commission,’’ after ‘‘the Farm Credit Ad- proprietary information; or tion 2(h) or 4(c)’’ and inserting ‘‘subsection ministration, ’’. ‘‘(II) prohibit the commercial sale of real (h) or (j) or section 4(c)’’; SEC. ll3. JURISDICTION OF THE FEDERAL EN- time proprietary information. (2) in section 4i (7 U.S.C. 6i)— ERGY REGULATORY COMMISSION ‘‘(3) REPORTING REQUIREMENTS.—On request (A) by striking ‘‘any contract market or’’ OVER ENERGY TRADING MARKETS. of the Commission, an eligible contract par- and inserting ‘‘any contract market,’’; and Section 402 of the Department of Energy ticipant that trades on a facility or system (B) by inserting ‘‘, or pursuant to an ex- Organization Act (42 U.S.C. 7172) is amended described in paragraph (2)(A) shall provide to emption under section 4(c)’’ after ‘‘trans- by adding at the end the following: the Commission, within the time period action execution facility’’; ‘‘(i) JURISDICTION OVER DERIVATIVES specified in the request and in such form and (3) in section 5a(g)(1) (7 U.S.C. 7a(g)(1)), by TRANSACTIONS.— manner as the Commission may specify, any striking ‘‘section 2(h)’’ and inserting ‘‘sub- ‘‘(1) IN GENERAL.—To the extent that the information relating to the transactions of section (h) or (j) of section 2’’; Commission determines that any contract the eligible contract participant on the facil- (4) in section 5b (7 U.S.C. 7a–1)— that comes before the Commission is not ity or system within 5 years after the date of (A) in subsection (a)(1), by striking ‘‘2(h) under the jurisdiction of the Commission, any transaction that the Commission deter- or’’ and inserting ‘‘2(h), 2(j), or’’; and the Commission shall refer the contract to mines to be appropriate. (B) in subsection (b), by striking ‘‘2(h) or’’ the appropriate Federal agency. ‘‘(4) TRANSACTIONS EXEMPTED BY COMMIS- and inserting ‘‘2(h), 2(j), or’’; and ‘‘(2) MEETINGS.—A designee of the Commis- SION ACTION.—Any agreement, contract, or (5) in section 12(e)(2)(B) (7 U.S.C. sion shall meet quarterly with a designee of transaction described in paragraph (1) (other 16(e)(2)(B)), by striking ‘‘section 2(h) or 4(c)’’ the Commodity Futures Trading Commis- than an agreement, contract, or transaction and inserting ‘‘subsection (h) or (j) of section sion, the Securities Exchange Commission, in an excluded commodity) that would other- 2 or section 4(c)’’. the Federal Trade Commission, and the Fed- wise be exempted by the Commission under SEC. ll2. RECRUITMENT AND RETENTION OF eral Reserve Board to discuss— section 4(c) shall be subject to— QUALIFIED PERSONNEL AT THE ‘‘(A) conditions and events in energy trad- ‘‘(A) sections 4b, 4c(b), 4o, and 5b; and COMMODITY FUTURES TRADING ing markets; and ‘‘(B) subsections (c) and (d) of section 6 and COMMISSION. ‘‘(B) any changes in Federal law (including sections 6c, 6d, 8a, and 9(a)(2), to the extent (a) IN GENERAL.—Section 2(a)(6) of the regulations) that may be appropriate to reg- that those provisions prohibit the manipula- Commodity Exchange Act (7 U.S.C. 2(a)(6)) is ulate energy trading markets. tion of the market price of any commodity amended by adding at the end the following: ‘‘(3) LIAISON.—The Commission shall, in co- in interstate commerce or for future delivery ‘‘(G) PERSONNEL MATTERS.— operation with the Commodity Futures on or subject to the rules of any contract ‘‘(i) IN GENERAL.—The Chairman may ap- Trading Commission, maintain a liaison be- market. point and fix the compensation of any offi- tween the Commission and the Commodity ‘‘(5) NO EFFECT ON OTHER FERC AUTHORITY.— cers, attorneys, economists, examiners, and Futures Trading Commission.’’. This subsection does not affect the authority other employees that are necessary in the of the Federal Energy Regulatory Commis- execution of the duties of the Commission. Mrs. FEINSTEIN. Mr. President, I sion to regulate transactions under the Fed- ‘‘(ii) COMPENSATION.— rise on behalf of Senators FITZGERALD, eral Power Act (16 U.S.C. 791a et seq.) or the ‘‘(I) IN GENERAL.—Rates of basic pay for all CANTWELL, CORZINE, WYDEN, LEAHY, Natural Gas Act (15 U.S.C 717 et seq.). employees of the Commission may be set and BOXER, and DURBIN in modifying our ‘‘(6) APPLICABILITY.—This subsection does adjusted by the Chairman without regard to amendment on energy derivatives. not apply to— the provisions of chapter 51 or subchapter III As you know, we discussed this issue ‘‘(A) a designated contract market regu- of chapter 53 of title 5, United States Code. lated under section 5; or ‘‘(II) ADDITIONAL COMPENSATION.—The on the floor before, and the senior Sen- ‘‘(B) a registered derivatives transaction Chairman may provide additional compensa- ator from Texas had some concerns. So execution facility regulated under section tion and benefits to employees of the Chair- we spent a good deal of time talking 5a.’’. man if the same type and amount of com- with him and his staff. We have also (c) CONTRACTS DESIGNED TO DEFRAUD OR pensation or benefits are provided, or are au- kept in touch with our cosponsors. We MISLEAD.—Section 4b of the Commodity Ex- thorized to be provided, by any other Federal have agreed on some modifications. change Act (7 U.S.C. 6b) is amended by strik- agency specified in section 1206 of the Finan- There are some modifications that the ing subsection (a) and inserting the fol- cial Institutions Reform, Recovery, and En- Senator from Texas sought that the co- lowing: forcement Act of 1989 (12 U.S.C. 1833b). ‘‘(III) COMPARABILITY.—In setting and ad- sponsors and I could not agree to. So ‘‘(a) PROHIBITION.—It shall be unlawful for justing the total amount of compensation this modification represents where we any member of a registered entity, or for any and benefits for employees under this sub- agree and not where we disagree. correspondent, agent, or employee of any paragraph, the Chairman shall consult with, I begin by explaining two terms in member, in or in connection with any order and seek to maintain comparability with, the amendment. The first term is ‘‘a to make, or the making of, any contract of any other Federal agency specified in section sale of any commodity in interstate com- derivative.’’ A derivative is a financial 1206 of the Financial Institutions Reform, instrument traded on or off an ex- merce, made, or to be made on or subject to Recovery, and Enforcement Act of 1989 (12 the rules of any registered entity, or for any U.S.C. 1833b).’’. change, the price of which is directly person, in or in connection with any order to (b) CONFORMING AMENDMENTS.— dependent upon an underlying com- make, or the making of, any agreement, (1) Section 3132(a)(1) of title 5, United modity, such as natural gas or elec- transaction, or contract in a commodity sub- States Code, is amended— tricity. An ‘‘over-the-counter’’ or ject to this Act— (A) in subparagraph (C), by striking ‘‘or’’; ‘‘swap’’ contract is an agreement ‘‘(1) to cheat or defraud or attempt to (B) in subparagraph (D), by adding ‘‘or’’ at whereby a floating price is exchanged cheat or defraud any person; the end; and for a fixed price over a specified period. ‘‘(2) willfully to make or cause to be made (C) by adding at the end the following: to any person any false report or statement, It involves no transfer of physical en- ‘‘(E) the Commodity Futures Trading Com- ergy, and both parties settle their con- or willfully to enter or cause to be entered mission.’’. any false record; (2) Section 5316 of title 5, United States tractual obligations in cash. ‘‘(3) willfully to deceive or attempt to de- Code, is amended— Although energy derivatives make up ceive any person by any means; or (A) by striking ‘‘General Counsel, Com- only 4 percent of all derivative trans- ‘‘(4) to bucket the order, or to fill the order modity Futures Trading Commission.’’; and actions, energy swaps make up 80 per- by offset against the order of any person, or (B) by striking ‘‘Executive Director, Com- willfully, knowingly, and without the prior cent of all energy derivatives. So these modity Futures Trading Commission.’’. are important terms. consent of any person to become the buyer in (3) Section 5373(a) of title 5, United States respect to any selling order of any person, or Code, is amended— What our amendment does is subject to become the seller in respect to any buying (A) in paragraph (2), by striking ‘‘or’’ at electronic exchanges, such as Enron order of any person.’’ the end; Online, Dynegydirect, and Interconti- (d) CONFORMING AMENDMENTS.—The Com- (B) by redesignating paragraph (3) as para- nentalExchange—these exchanges modity Exchange Act is amended— graph (4); and trade energy derivatives—to the simi- (1) in section 2 (7 U.S.C. 2)— (C) by inserting after paragraph (2) the fol- lar oversight reporting and capital re- (A) in subsection (h)— lowing: quirements as other exchanges, such as (i) in paragraph (1), by striking ‘‘paragraph ‘‘(3) section 2(a)(6)(G) of the Commodity the Chicago Mercantile Exchange, the (2)’’ and inserting ‘‘paragraphs (2) and (7)’’; Exchange Act.’’. and (4) Section 1206 of the Financial Institu- New York Mercantile Exchange, and (ii) in paragraph (3), by striking ‘‘para- tions Reform, Recovery, and Enforcement the Chicago Board of Trade. However, graph (4)’’ and inserting ‘‘paragraphs (4) and Act of 1989 (12 U.S.C. 1833b) is amended by in- since the vast majority of energy deriv- (7)’’; and serting ‘‘the Commodity Futures Trading ative transactions are over the

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.001 pfrm02 PsN: S19PT1 S2020 CONGRESSIONAL RECORD — SENATE March 19, 2002 counter, the Commodity Futures Trad- In fact, about 90 percent of the en- away the CFTC’s authority to inves- ing Commission has insufficient au- ergy trades represent purely financial tigate, we may never know for sure thority, at present, to investigate and transactions, not regulated by either since there are no records. prevent fraud and price manipulation, the Federal Energy Regulatory Com- For me, this issue comes down to and parties making these trades are mission, or the CFTC. So as long as some fundamental questions. Why not required to keep records of their there is no delivery, there is no price shouldn’t there be transparency in the trades. In other words, there is no transparency. We do not know the energy market? Why should the CFTC transparency. There is no record and price or the terms for 90 percent of the not have antifraud, antimanipulation there is no oversight of these par- energy transactions. Let me repeat authority when there is fraud and ma- ticular trades. that. Today, no one knows the price or nipulation in the market? And why So our amendment simply requires the terms for 90 percent of the energy shouldn’t California’s energy rate- these parties to keep records of their transactions. payers and customers and consumers transactions, which is what most com- Again, this lack of transparency and and ratepayers in other States enjoy panies do in any event. oversight only applies to energy. It the same CFTC protections as ranchers If it turns out there is a fraud allega- does not apply if you are selling wheat and farmers do today? tion, the CFTC will have a record to re- or pork bellies or any other tangible The modification of our amendment view. This is the same fraud and ma- commodity. As I said, there is a very results from the discussions my co- nipulation authority the Commodity big loophole here. What we seek to do sponsors and I had with Senator PHIL Futures Trading Commission has for is simply close that loophole. GRAMM, who approached us to express every other commodity and it is the How did this happen? The answer is, his concern that our bill could inad- same authority they had until Con- the Commodity Futures Modernization vertently impact financial derivatives. gress passed the Commodity Futures Act, signed into law in 2000, exempted We made several changes to accommo- Modernization Act in 2000. That act ex- energy and minerals trading from regu- date Senator GRAMM’s concerns, and empted energy and metals trading from latory oversight and also exempted we were hopeful we could reach agree- regulatory oversight, and excluded it electronic trading platforms from over- ment with him. However, there are completely if the trade was done elec- sight. That is the online trading that four additional points where we did not tronically. Before this act, it was all occurs. In a sense, what the legislation reach agreement: exempting energy included. Following the act, it was ex- did was set up two different systems: swaps from CFTC antifraud and cluded. That was around June of 2000. treating electronic trading platforms antimanipulation authority; deleting The problem and why we need this differently from other platforms, and all public price-transparency require- legislation: Presently, energy trans- treating energy commodities different ments; exempting all electronic ex- actions—those about which I am not from other commodities. changes from requirements that they speaking, but the other energy trans- Up until 2000, energy derivative maintain sufficient capital to carry out actions—are regulated by the Federal transactions were regulated in a simi- their operations, based on risk; and fi- Energy Regulatory Commission when lar fashion to other transactions, and nally, eliminating metal derivatives there is actually a delivery of the en- all energy transactions were subject to from oversight. ergy commodity. antifraud and antimanipulation over- As I said before, energy swaps—this What do I mean? If I buy natural gas sight. Electronic trading platforms is a point of contention between us— from you, and you deliver that natural were treated like all other platforms. comprise as much as 80 percent of en- gas to me, the Federal Energy Regu- These were the standards that were in ergy derivatives transactions so this latory Commission has the authority place until June of 2000. Up until that change would have taken the teeth out to ensure that this transaction is both time, if a gas or electricity commodity of our amendment. We consulted with transparent and reasonably priced. In was delivered, FERC had oversight, and our cosponsors. They did not want to other words, FERC has regulatory au- there was transparency; if there was agree to it. I believe Senator FITZ- thority when the energy is actually de- not delivery, the CFTC had the author- GERALD is coming to the Chamber to livered. However, energy transactions ity. So the loophole arose just 2 years speak to this. have become increasingly complex over ago. Additionally, our amendment states the past decade. So, today, energy At the time of the 2000 legislation, no that electronic trading forums should transactions do not always result in a one knew how the exemptions would hold capital commensurate with the direct delivery, and thus a giant loop- affect the energy market. It was a new risk, which seems a reasonable expec- hole has opened where there is no market. They wanted to see growth. So tation to me. The public can already transparency, no records, and no over- they kind of unleashed it and said: All access information from nonelectronic sight. And that is not when I sell it to this can go on without the light of day. exchanges simply by picking up the you to deliver it but when I sell it to We have a much better idea today be- business section of a daily newspaper. I you and you sell it to somebody else, cause of what we have learned since don’t understand the rationale for who sells it to somebody else, who sells then. It didn’t take long for Enron On- wanting to limit the public’s access to it to somebody else, and then it is de- line and others in the energy sector to data on electronic exchanges. livered. Those interim trades are in no take advantage of this new freedom— There is ample evidence that fraud way, shape, or form transparent. They and, to an extent, secrecy—by trading and manipulation can occur and have are done in secret. There is no over- energy derivatives absent any regu- already occurred in the metal sector. sight and there is no record. latory oversight or transparency. Thus, This was borne out by several scan- So I can purchase from you a deriva- after the 2000 legislation was enacted, dals over the past decade, including the tives contract, which is a promise that Enron Online began to trade energy de- 1996 Sumitomo case. In Sumitomo, it you will deliver natural gas to me at rivatives bilaterally, over the counter, was found that U.S. consumers were some point in the future. I may never in a one-to-one transaction, without overcharged $2.5 billion because of a need to physically own that gas, so I being subject to any regulatory over- Japanese company’s manipulation of can at a small profit sell that gas to sight whatsoever. the copper markets. These were someone, who can then turn around It should not surprise anyone that, changes that we simply could not agree and sell it yet to someone else, and so without transparency, prices went to. on and so forth, as I have just pointed right up. Was Enron and its energy de- Why do my cosponsors and I feel so out. The promise of a gas delivery can rivatives trading arm, Enron Online, strongly about the need to pass this literally change hands dozens of times the sole reason California and the West amendment? First, the debate is noth- before the commodity is ever delivered. had an energy crisis 18 months ago? Of ing new. In November of 1999, the Fed- Even then, it may never get delivered course not. Was it a contributing fac- eral Reserve, the Department of Treas- if the spot market price is lower than tor to the crisis? I believe it was. ury, the SEC, and the CFTC issued a the future price that comes due on that Unfortunately, because of the energy report on derivatives titled ‘‘Over the day. That is what I meant about saying exemptions in the 2000 Commodities Counter Derivative Markets and the it is very complicated. Futures Modernization Act, which took Commodity Exchange Act, A Report of

VerDate 11-MAY-2000 02:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.010 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2021 the President’s Working Group on Fi- over-the-counter transaction not have There being no objection, the letters nancial Markets.’’ This report was to keep a record of this transaction? were ordered to be printed in the signed by the Federal Reserve Chair- Everyone else does. And why, if there RECORD, as follows: man, the then-Secretary of Treasury, is fraud or market manipulation, EDISON INTERNATIONAL, the then-SEC Chairman, and the then- should there not be a regulatory agen- March 7, 2002. CFTC Chairman. cy that can investigate and cite wrong- Hon. DIANNE FEINSTEIN, What the report found was the case doing? U.S. Senate, Washington, DC. had not been made that energy or What I cannot understand is how this DEAR SENATOR FEINSTEIN: Thank you for other tangible commodities should be amendment is somehow antibusiness. asking Edison International for our views on exempted from CFTC oversight. In On the contrary, the amendment is all your amendment to S. 517, the Senate En- fact, the report found that because of about making markets work. ergy Policy Act of 2002. As you know, Edison the immaturity of the energy market, I call your attention to the recently shares your concern over possible manipula- tion of the California electricity market by the lack of liquidity in the market and released report by the Cambridge En- ergy Research Associates Study and some market participants, which helped con- finite supplies in energy markets, en- tribute to the serious problems the state ergy markets were more susceptible to Accenture titled ‘‘Energy Restruc- turing at a Crossroads, Creating Work- faced from out of control energy prices. Your manipulation than the deep and liquid amendment would provide for transparency able Competitive Power Markets.’’ financial markets. in the electric derivatives trading market, The report cites 12 recommendations Recent history has certainly borne an industry that is currently exempted from for making energy markets function that to be correct. These commodities regulation under the Commodity Futures effectively, including having the CFTC Modernization Act of 2000 (CFMA). are more subject to manipulation. expand its oversight to include energy I support your amendment, with a sugges- On June 21, 2000, shortly after the derivative trading, as it did before 2000. President’s working group issued its tion for your consideration to further refine The report recognizes that trans- it. Our company and others use energy de- report, the Banking Committee and parency, disclosure, and reporting re- Agriculture Committee held a hearing rivatives trading to protect and hedge their quirements instill confidence in mar- actual physical assets, as opposed to compa- on the report and Senator LUGAR’s kets and provide assurances for inves- nies that conduct trading with no or few Commodity Futures Modernization tors that there will not be fraud and physical assets. There should be guidance in Act. Let me read from the committee manipulation. the final language which recognizes the dif- report: This is also why the amendment is ference between these two types of busi- The Commission has reservations about supported by the Chicago Mercantile nesses, particularly regarding any further the bill’s exclusions of OTC derivatives from Exchange, the New York Mercantile capital requirements. Otherwise companies the Commodities Exchange Act. On this Exchange, Cambridge Energy Research that trade in order to hedge physical assets may be required to pay twice—once in order point the bill diverges from the rec- Associates, Mid-America Energy Hold- ommendations of the President’s Working to obtain capital for the assets and a second ing Company, PG&E, and Southern time in order to meet any capital require- Group, which limited the proposed exclu- California Edison. They have to pay sions to financial derivatives. The Commis- ments to back their trades. the higher prices for energy if it is sion believes the distinction drawn by the Thanks again for all your efforts on behalf Working Group between financial (nontan- traded back and forth. They want to of California consumers and businesses. gible) and non-financial transactions was a know if these trades increase prices for Sincerely, sound one and respectfully urges the Com- the purposes of manipulation. Calpine, JOHN F. BRYSON, mittees to give weight to that distinction. the American Public Gas Association, Chairman of the Board and Eight days later, Chairman LUGAR the American Public Power Associa- Chief Executive Officer. marked up his CFMA bill in con- tion, the Texas Independent Producers ference. This is what he had to say: and Royalty Association, the Cali- PG&E CORPORATION, The Chairman’s Mark also addresses con- fornia Municipal Utilities Association, Washington, DC, March 6, 2002. cerns regarding this bill’s exclusion of insti- the Consumers Union, the Consumer Hon. DIANNE FEINSTEIN, tutional energy transactions from the act. Federation of America, the Derivatives U.S. Senate, Hart Senate Office Building, Our bill no longer excludes those trans- Institute, U.S. PIRG, the Transmission Washington, DC. actions from the act. With the resolution of Access Policy Study Group, and all DEAR SENATOR FEINSTEIN: We are writing this provision, the CFTC has indicated it will four FERC Commissioners. today in reference to the amendment you fully support our legislation. I would like to read into the RECORD will be offering to the Senate Energy bill, Much to his credit, Chairman LUGAR the letter from the Chairman of the containing the substance of legislation you eliminated the exemption for energy Federal Energy Regulatory Commis- and several of your colleagues introduced transactions to accommodate the sion, Mr. Pat Wood, III, dated March 7: earlier to provide regulatory oversight over energy trading markets, as amended. CFTC and the President’s working Thank you for calling to my attention groups. But—and this is a big ‘‘but’’— your proposed amendment to clarify federal At the outset, we applaud your efforts to Enron and others lobbied in the House oversight of financial transactions involving ensure public and consumer confidence in the operation and orderly functioning of the and, as it turned out, this was never re- energy commodities. Your amendment would clarify that these transactions are within energy marketplace. As you know, the indus- flected in the final provision that the jurisdiction of the Commodity Futures try relies heavily on these markets and prod- passed Congress as part of a much big- Trading Commission, thus revoking current ucts to manage risk for the benefit of con- ger bill at the end of the 106th Con- exemption for such transactions under the sumers of electricity. We thus appreciate gress. There is already a legislative Commodity Exchange Act and extending the your willingness to work with us and other history. Act to apply comprehensively to financial market participants to address areas of in- More recently, the Senate Energy transactions based on energy commodities. terest and concern as the provisions of your and Natural Resources Committee held From our first meeting last Spring, you amendment have been debated and refined. know how strongly I feel about customers As presently drafted, we view your amend- a hearing on January 29 on energy de- having access to the broadest range of useful ment as providing an increased level of over- rivative trading, where CFTC Chair- market information. Information on finan- sight, while ensuring the continued ability of man Jim Newsome and FERC Chair- cial as well as physical transactions is a key market participants to utilize these instru- man Pat Wood both testified and ex- part of market transparency. Billions of dol- ments as part of overall risk management plained the regulatory burdens that lars are now at stake in these markets. The strategies. We therefore support your amend- prevent them from fully investigating consequences of a major participant’s col- ment. Enron Online. lapse are illustrated by the Enron bank- Thank you for your hard work in this area, ruptcy. Federal oversight of such trading is and we look forward to continuing to work Let me be candid; I am truly amazed appropriate. Your amendment can ensure with you and others on matters of national at the opposition to this amendment. greater transparency in these markets, and energy policy. Why should anyone be able to set up an this transparency can help provide an early Sincerely, online trading platform without any warning signal to those charged with pro- STEVEN L. KLINE, tecting the public interest. reporting, disclosure, or capital re- Vice President, Fed- quirements and without any regulatory Mr. President, I ask unanimous con- eral Governmental & oversight whatsoever? Why should sent to print other letters in the Regulatory Rela- companies that are engaging in an RECORD. tions.

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MIDAMERICAN ENERGY HOLDINGS CO., ward to working with you on this and other (4) will apply these requirements to elec- Omaha, NE, March 5, 2002. amendments aimed at providing effective tronic trading facilities which permit execu- Hon. DIANNE FEINSTEIN, and sustainable competition while pro- tion with multiple parties and non-binding U.S. Senate, tecting consumers from market abuses. bids and offers, and will require books and Washington, DC. Sincerely, records to be kept by participants in facili- DEAR SENATOR FEINSTEIN: I am writing in ALAN H. RICHARDSON, ties that permit bilateral negotiations. support of your effort to ensure that there is CEO & Executive Director. TIPRO believes that this measure will tend transparency and appropriate federal over- to improve price transparency in natural gas sight of energy futures trading markets. CALPINE CORP., markets, leading to a more efficient and sta- As I testified before the Senate Energy and Washington, DC, March 7, 2002. ble marketplace. The relatively modest re- Natural Resources Committee last month, I Hon. DIANNE FEINSTEIN, quirements outlined above should not unduly have long been concerned that the type of Hart Senate Office Building, U.S. Senate, reduce liquidity for gas traders. Accordingly, exchange run by Enron before its collapse of- Washington, DC. TIPRO endorses your amendment. fered opportunities for manipulation. Enron DEAR SENATOR FEINSTEIN: I am writing to Sincerely, was the largest buyer, the largest seller and let you know of Calpine’s support for addi- GREGORY MOREDOCK, the operator of an unregulated exchange. In tional oversight of certain energy derivative National Energy Policy Committee Chairman. view of the revelations of the last several markets, as intended by your proposed months regarding Enron, the unregulated amendment to S. 517. While we have not seen AMERICAN PUBLIC GAS ASSOCIATION, nature of these markets has raised serious any evidence that energy trading was the Fairfax, VA, March 5, 2002. concerns regarding the ability of the federal cause of either the California energy crisis or Re: S. 517 government to ensure that energy trading Enron’s demise, we do believe there is a cri- Hon. DIANNE FEINSTEIN, and futures markets are operating in the in- sis of confidence in the energy markets and terest of the public and market participants. Hart Senate Office Building, U.S. Senate, that your amendment will assist in restoring Washington, DC. As the Senate addresses this issue, it is im- much needed public confidence in the energy portant to remember that electric and gas DEAR SENATOR FEINSTEIN: The American sector. Public Gas Association (APGA) is very markets as a whole responded to the Enron We support the amendment’s strength- pleased that you have taken the lead to collapse without disruption, so legislation ening of the CFTC’s anti-fraud and anti-ma- amend the Commodity Exchange Act (CEA). should not compromise the liquidity of these nipulation authority and its provision for in- You revisions to S. 517, which amends the markets. I applaud your determination to creased cooperation and liaison between the CEA, brings the trading of energy products, keep your amendment focused on oversight CFTC and the FERC. We are also pleased and transparency and am encouraged that including natural gas spot and forward that your amendment addresses concerns you, along with Senators Cantwell and prices, under the appropriate jurisdiction of about the oversight and transparency of the Wyden, have pledged to work with market Commodity Futures Trading Commission electronic trading platforms. It is important participants to continue to perfect this pro- (CFTC). As a result, your amendment will re- that such facilities, which play a significant posal as debate on the comprehensive energy duce the various risks imposed on consumers price discovery role in the energy trading bill continues. by a partially unregulated energy trading markets, be subject to appropriate reporting Ensuring public confidence in the integrity market. and oversight by the CFTC. of energy futures markets is a critical com- As you know, Enron operated in what was However, I also understand that typical ponent of establishing a modernized regu- essentially an unregulated environment. over the counter bilateral trading oper- latory framework for the electric and nat- While there will be much more to come in ations, such as those that operate from a ural gas industries. I am pleased to support the wake of Enron, one thing is perfectly trading desk where various potential your effort and commend you on your work clear today—our federal government has an counterparties are separately contacted by on this important issue. obligation to make sure that no important phone or email, are not intended to be treat- Sincerely, trading activities fall between the cracks ed as electronic trading facilities under your DAVID L. SOKOL, leaving some energy markets without a fed- amendment. This is an important distinction Chairman and CEO. eral agency with oversight authority. Your and one that I understand you intend to fur- amendment remedies this glaring deficiency. ther clarify in report language. AMERICAN PUBLIC POWER ASSOCIATION, APGA is fully committed to support your Washington, DC, March 7, 2002. Calpine would like to thank you for your efforts to advocate reasonable measures to effort to reverse the action Congress took Hon. DIANNE FEINSTEIN, ensure the integrity of the important energy just 15 months ago in the Commodities Fu- Senate Hart Building, tures Modernization Act (CFMA). The CFMA Washington, DC. trading markets and we stand ready to pro- vide you with any information or assistance amended the CEA by allowing some energy DEAR SENATOR FEINSTEIN: On behalf of the contracts to be traded with no government American Public Power Association (APPA), that you may need. Sincerely, oversight. We firmly believe that the CFTC an association representing the interests of must have at its disposal the necessary juris- more than 2000 publicly owned electric util- JEANNE CONNELLY, Vice President—Federal Relations. diction and authority to protect the oper- ity systems across the country, I would like ational integrity of energy markets so that to express support for your amendment re- Austin, TX, March 6, 2002. (1) transactions are executed fairly, (2) prop- garding the regulatory treatment of energy er disclosures are made to customers, and (3) Hon. DIANNE FEINSTEIN, derivative transactions which is expected to fraudulent and manipulative practices are be offered during consideration of S. 517, the U.S. Senator, Hart Senate Office Building, Washington, DC. not tolerated. Energy Policy Act of 2002. In December of 2000, when the CFMA was As we understand it, your amendment re- DEAR SENATOR FEINSTEIN: We understand under consideration in the Senate, APGA peals exemptions and exclusions from regu- that later today, you will introduce an im- submitted a Statement for the Record to the lation, originally granted by the Commodity portant measure designed to bring greater U.S. Senate Committee on Energy and Nat- Futures Trading Commission, for bilateral transparency to natural gas markets. We be- ural Resources during a hearing on the ‘‘Sta- derivatives and multi-lateral electronic en- lieve that improved transparency will reduce ergy commodity markets. Further, your price-markups charged in transactions that tus of Natural Gas Markets.’’ In the state- amendment helps ensure that entities in- take place after natural gas leaves the well- ment, we expressed a concern that the pro- volved in running on-line trading forums head and before it reaches the burner tip. posed legislation would codify an exemption maintain open books and records for inves- Thus your measure will benefit both con- for energy commodity transactions that tigation and enforcement purposes. Ensuring sumers and producers. We support the modi- would shield those energy transactions from sufficient regulatory oversight and market fied version of S. 1951 that you intend to the oversight and review of the CFTC. Enron transparency are critical steps towards help- offer as an amendment to the Senate Energy took advantage of this gap in regulatory ing prevent market abuses and protecting Bill. oversight. Your amendment will close that consumers. We understand that the amendment: gap. Consumers across the country will ben- As you are aware, on December 3rd Enron (1) will not grant any price control author- efit from your efforts because they are less filed for Chapter 11 bankruptcy protection. ity under the Federal Power Act or Natural likely to be victimized by activities that At the same time, forward markets on the Gas Act; occur in a market where the CFTC exercises West Coast fell by 30% despite the fact that (2) will continue to allow energy commod- oversight. no other changes in operations, hydro- ities (actually all commodities other than Again, public gas utilities and the hun- electric supply, or fossil fuel prices took agricultural commodities) to be traded on dreds of communities that we serve com- place at the time. This has led some to be- electronic trading facilities that currently mend you for your thoughtful and deliberate lieve that Enron may have been using its qualify as exempt commercial markets, pro- leadership on this very important issue. market dominance to ‘‘set’’ forward prices. vided that the trading facilities register, While there may be some who will oppose Your amendment will help avoid such poten- meet net capital requirements, file reports, this amendment, one need not look far to see tial abuses in the future. and maintain books and records; whether the opposition is looking out for the APPA commends you for taking a leader- (3) will require participants in such mar- best interests of Wall Street or Main Street. ship role on this critical issue. We look for- kets to maintain books and records; and We pledge to work with you in any way we

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.005 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2023 can to pass this much-needed amendment. cosponsors and I feel very strongly would make in this proposal that has Please let me know how I can assist you. about this. nothing to do with energy futures but Sincerely, I yield the floor. everything to do with a swap industry BOB CAVE, The ACTING PRESIDENT pro tem- which is now $75 trillion in annual vol- President. pore. The Chair recognizes the Senator ume and which has become part of vir- U.S. COMMODITY FUTURES from Texas. tually every business in America where TRADING COMMISSION, Mr. GRAMM. Mr. President, how can that business tries to insure itself Washington, DC, March 7, 2002. a case be more overwhelming than the against risk. Hon. DIANNE FEINSTEIN, case of the Senator from California? These swaps are tailored transactions U.S. Senate, Who could possibly be in favor of a sit- between two economic entities that are Washington, DC. uation where transactions could be un- able, through their transaction, to pro- DEAR SENATOR FEINSTEIN: Thank you for dertaken and no records kept? Who vide greater certainty in providing calling to ask that I provide you with my could possibly be in favor of granting a views of your proposed amendment to the en- jobs, growth, and opportunity for the ergy bill pending before the Senate. The license for fraud and manipulation? American economy. In fact, Chairman amendment would bring transparency to The answer is no one. Greenspan has said that the growth in markets and provide Congress and the public The problem is that each of these the derivatives markets may very well with the assurance that no exchange offering points that is outlined has no factual be a major factor in the resilience of energy commodity derivatives transactions basis in the law. The plain truth is that the American economy today and why would go completely unregulated. Moreover, there is extensive recordkeeping cur- we, in fact, did not have a recession. it would restore to the federal government rently required under law. That record- I urge my colleagues to read the let- those basic tools necessary to detect and keeping was strengthened in the 2000 deter fraud and manipulation. Therefore, I ter which the Secretary of the Treas- strongly support the amendment. extension of the authorization of the ury and the Chairman of the Board of In my previous correspondence with you, I Commodity Exchange Act. I will read Governors of the Federal Reserve Sys- indicated that under the current law none of from the legislation as we get to it. tem sent to the two leaders. our federal regulators could give you any de- The 2000 Act provided specific anti- I ask unanimous consent the letter finitive assurance that there was no manipu- fraud authority for the CFTC in ex- to which I just referred be printed in lative or fraudulent activity in energy mar- actly the areas for which the Senator kets in the wake of the Enron collapse. This the RECORD. from California calls. It provided au- There being no objection, the letter is due, in part, to the lack of transparency thority to intervene in the case of price demanded of energy markets and more sig- was ordered to be printed in the manipulation. In fact, everything that nificantly to the fact that certain exchange RECORD, as follows: the proponents of this amendment markets such as EnronOnline are completely MARCH 12, 2002. claim they are for is part of current unregulated. Hon. TRENT LOTT, Consumers are the ultimate beneficiaries law as amended by the 2000 Act. U.S. Senate, of properly functioning derivatives markets, I have offered and we have nego- Washington, DC. whether those markets are private—like tiated—and I thank the Senator from DEAR SENATOR LOTT: We are writing to ex- EnronOnline—or public—like the New York California for the negotiations—to try press our serious concerns with an amend- Mercantile Exchange. By the same token, to work out an agreement so that we ment to be offered by Senator Feinstein and consumers are the ultimate victims when can have an amendment go forward others to S. 517, the national energy policy markets are manipulated, or otherwise af- bill. We are committed to ensuring the in- fected by unlawful behavior. with broad support. We have failed to succeed in that effort, and I will out- tegrity of the nation’s energy markets. How- I am a firm believer in the efficiencies that ever, we question whether it is necessary to derivatives markets bring to bear on cash line in a moment why we have failed to reopen the Commodity Futures Moderniza- commodity markets and the consequent ben- do that. tion Act of 2000 (CFMA) to achieve that ob- efits to market users and to consumers. Before I do, let me start at the begin- jective. Amending the CFMA as proposed by However, such derivatives markets should, ning. This amendment has as strong a Senator Feinstein could re-introduce legal in the public interest, adhere to certain, coalition of opponents as any amend- uncertainties into off-exchange derivatives minimal regulatory obligations. Your markets and other markets—uncertainties amendment is a prudent response to the ment that has been offered, and not one of them opposes what the pro- that were thought to have been settled as a issues highlighted by the Enron episode. result of the CFMA’s enactment. Sincerely, ponents of the amendment say they Accordingly, we urge Congress to defer ac- THOMAS J. ERICKSON, want to do. Not one of them opposes re- tion on Senator Feinstein’s proposal until Commissioner. quired recordkeeping. Not one of them the appropriate committees of jurisdiction Mrs. FEINSTEIN. I thank the Chair. opposes the granting of antifraud au- have a change to hold hearings on the To summarize, if the western energy thority. Not one of them opposes amendment and carefully vet the language markets over the past 2 years have granting the ability to intervene in the through the normal committee processes. shown us anything, it is that the light case of price manipulation. Every op- The CFMA expressly maintained the Com- of day and records must be available on ponent of this amendment favors what modity Futures Trading Commission’s all transactions. If the western energy the proponents of the amendment say (CFTC) anti-fraud and anti-manipulation au- markets and California have shown us that it does, but they oppose what the thority with respect to off-exchange energy derivatives markets covered by the Com- anything, it is that there must be Fed- amendment in fact does. modity Exchange Act (CEA). Thus, it ap- eral oversight. And if what has hap- I will read from the list of the oppo- pears that the CFTC may have sufficient pened in the last 2 years tells us any- nents: Alan Greenspan, testifying twice current authority to address instances of thing, it is that the trading of these before committees of Congress—the Fi- fraud or price manipulation in energy de- particular commodities should not be nancial Services Committee in the rivatives markets. Congress should carefully in secret. House and the Banking Committee in evaluate the adequacy of the CFTC’s current Mr. President, this amendment aims the Senate. In as strong words as Alan authority before it attempts to re-open the to clear up those three points. It does Greenspan ever utters and in as clear a CFMA. The CFMA was the culmination of a long, so. I recognize there is opposition. I form as he could possibly pronounce it, difficult process, which provided much need- recognize the banks oppose it. Why do he opposes this amendment, not be- ed clarification regarding the scope of the the banks oppose it? Because they have cause he opposes the intent of the Sen- CEA for all off-exchange derivatives instru- set up an online trading exchange, the ator from California, but because he ments, not just energy products. Any effort IntercontinentalExchange, to do just opposes what the amendment, if adopt- to undo the delicate compromises achieved what Enron Online did. Dynegy opposes ed, would do—the unintended con- in that legislation should be undertaken it. Williams opposes it because they are sequences—which is what this debate is only after careful reflection. Otherwise, such doing the same thing now. about. legislation could jeopardize the contribution There is this burgeoning market of The Secretary of the Treasury is ada- that off-exchange derivatives have made to the dispersion of risk in the economy. These trading up the price of energy in se- mantly opposed to this amendment and instruments may well have contributed sig- cret. It is wrong. The light of day must has joined Chairman Greenspan in nificantly to the economy’s impressive resil- be shed on it, and it should be treated talking about the potential impacts on ience to financial and economic shocks and as are all other aspects of trades. My the American economy of a decision we imbalances.

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.010 pfrm02 PsN: S19PT1 S2024 CONGRESSIONAL RECORD — SENATE March 19, 2002 Similar letters have been sent to Senators House and came to the Senate was due to the growth of this derivatives Harkin, Lugar, Sarbanes, Gramm, and never changed again. My concern about market. I say at least let’s put a little Daschle. the bill at the time, that held the bill sign up that says: Danger, high volt- Sincerely, up for 3 months and almost killed the age. Do not be fooling around in here if PAUL H. O’NEILL, Secretary, Department bill at the end of 2000 in the final ses- you do not know what you are doing. of the Treasury. sion of that Congress, the lameduck Let’s talk about these issues. As we ALAN GREENSPAN, session of that Congress, had to do with have listened to these speeches and Chairman, Board of exactly the issue which is before us, been moved by them—I have been Governors of the and that is unintended consequences. moved by them to support the intent of Federal Reserve Sys- Nobody in the Senate knows what a the amendment—we are really not far tem. derivative is, and I speak for myself in apart, and I will outline where we dif- Mr. GRAMM. This amendment is also saying that deep down I have a concep- fer. opposed by the Securities and Ex- tion of what a derivative is. I might First of all, let me quote from the change Commission, which has the pass a freshman course in finance in 2000 Act that the Congress adopted in principal responsibility in the Amer- college in giving a definition of deriva- the waning days of the session in the ican economy for antifraud and tive, but these are very complicated, year 2000. I will go to page 43 of the antimanipulation enforcement with re- tailored instruments, each instrument Senate companion bill, S. 3283. This is gard to securities transactions. If their being unique, which is why it has, from in paragraph (4) of section 2(h) of the whole purpose in existing, if their the very beginning of its trading, been Commodity Exchange Act. Paragraph major mandate, is to deal with exactly deregulated. (4)(B) gives the Commodity Futures the problems which the amendment One of the arguments that has been Trading Commission the power to in- proposes to deal with, why is the SEC made over again, as the debate on this tervene and enforce any action where adamantly opposed to this amend- amendment has started, is that some- fraud is present. ment? Because of unintended con- how the 2000 legislation exempted these In listening to the proponents of this sequences, because the amendment, in derivatives and swaps from regulation. amendment, one would believe there is fact, does not achieve its stated goals, That is totally false, totally inac- no power whereby the CFTC can inter- but it does other things that are poten- curate. They have never been regu- vene in cases of fraud. Not only does tially very harmful to the economy. lated. In fact, Congress acted in pass- that power exist, but it was strength- The Chairman of the Commodity Fu- ing the Futures Trading Practice Act ened in the 2000 legislation, a provision tures Trading Commission, the very in 1992 to give the CFTC specific power written in the energy section of the bill Commission that would be empowered to exempt these derivatives and swaps in the House of Representatives. by this amendment, has come out in as being inappropriate for regulation In paragraph (4)(C), we have the pro- very strong opposition to the amend- under the CFTC, which has the job of vision relating to price manipulation, ment. This amendment is opposed by regulating futures, not tailored swaps and the Commission is given the power the International Swaps and Deriva- between sophisticated customers. The to intervene in cases where price ma- tives Association, the American Bank- Congress passed the Futures Trading nipulation occurs. ers Association, the ABA Securities Practice Act in 1992 that directed the As we have listened to this debate, Association, the Financial Services CFTC to grant these exemptions. Those we have heard the question, well, how Roundtable, the Futures Industry As- exemptions were granted. The exemp- can you do anything if these markets sociation, the Securities Industry As- tion for energy was granted under the are conducted with no records? sociation, and the Chamber of Com- Clinton administration with a Demo- I will read the language of the bill in merce of the United States. crat Chairman of the CFTC. That issue paragraph (4)(D): Why would the Chamber of Com- has never been controversial before. . . . such rules and regulations as the Com- merce of the United States be opposed Nor have these swaps and derivatives mission may prescribe if necessary to ensure to this amendment? Are they in favor ever come under Federal regulation in timely dissemination by the electronic trad- ing facility of price, trading volume, and of fraud, manipulation, and the absence terms of an ongoing regulatory proc- other trading data to the extent appropriate, of recordkeeping? No. They are con- ess. if the Commission determines that the elec- cerned that the amendment will have a In fact, the 2000 Act, far from ex- tronic trading facility performs a significant harmful effect outside the futures area empting something which had never price discovery function for transactions . . . as it relates to natural gas and elec- been subject to regulation, added to It then goes on and specifically out- tricity, and, in the process, will do the strength of the CFTC exactly the lines the power of the Commission. harm to the entire economy. powers that the proponents of this Now, let me make it clear that I am in This amendment is strongly opposed amendment would like us to believe favor of, and will support, strength- by the National Mining Association. I their amendment does, and they be- ening these provisions. I am in favor of can understand bringing Enron into lieve their amendment does. There is giving the CFTC the power to require the debate as it relates to natural gas no bad faith on this amendment. It is that records be kept, to require that and electricity, but why we should simply trying to understand very com- they be kept to the level so that you bring in mining I do not understand. plicated issues when no Member of the can reconstruct the transaction, to re- There will at some point in this debate Senate knows what a derivative is. It is quire that the data under the Com- be an amendment which is part of our very difficult to understand what modity Exchange Act be kept for 5 disagreement, to focus the provisions swaps are, impossible to comprehend a years so that you can reconstruct indi- of this amendment on natural gas and $75 trillion industry. Unless one is di- vidual transactions. I am willing to electricity. If that is the concern, then rectly involved in mining, banking, or support—and so are all the opponents why not focus the attention on that securities, it is very difficult for me to of this bill, as far as I am aware— concern rather than getting into areas comprehend what this whole market is strengthening antiprice manipulation such as metals? I have seen no evi- about. and strengthening the anti-fraud provi- dence—in fact, I will point out that All I know is, it has grown to $75 tril- sions. Chairman Greenspan has seen no evi- lion. It is the envy of the world, and The point I want to make is these dence—that derivatives trading by Alan Greenspan, who is not the embod- provisions are already law, and they Enron, or by anybody else, had any- iment of God’s voice on Earth, when it are in the 2000 Act. To the extent they thing to do with the energy spike in comes to financial matters in the U.S. can be strengthened without affecting prices in California. economy, speaks with more knowledge other markets that are in no way re- Going back to the beginning, first of and more authority than anybody else lated to electricity and natural gas so all, this is a debate I was pulled into when he says that disturbing these that we can deal with what the pro- when the 2000 bill was written. The pro- markets could have a detrimental im- ponents of this amendment intend to vision relating to energy was written pact on the economy and that the resil- achieve, I am in favor of it. The prob- in the House, and the version of those ience of the economy in the face of the lem is the amendment, as now written, provisions that finally passed in the recession might very well have been does many things that go beyond this.

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.002 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2025 If we can focus it on electricity and a retail market ever came into exist- serve Board on March 7, 2000, stated be- natural gas, if we can limit it to these ence, at that point a decision would be fore the Senate Banking, Housing, and provisions, we would have an agree- made as to who would regulate it and Urban Affairs Committee that with re- ment, and I assume we would get a how. spect to the existence of a nexus be- unanimous vote. Now, these products have never been tween energy derivatives and Enron’s But here are some problems, and let under regulation, are not sold on ex- demise: ‘‘I haven’t seen any.’’ me outline them. First of all, every- changes; they are individually nego- Alan Greenspan said, when ques- body needs to understand that we have tiated instruments, highly sophisti- tioned before the Banking Committee, a wholesale market for swaps and de- cated and, obviously, they yield great that he saw no relationship between rivatives, tailor-made products. These value because people buy and sell derivatives and the demise of Enron. In are products that are not sold on ex- them—$75 trillion worth. Alan Green- fact, the derivatives part of Enron has changes. Let me make it clear. I have span, as I said, said these have now be- subsequently been sold to another com- been chairman of the Banking Com- come a mainstay and a stabilizing in- pany that is in the process of reinvigo- mittee. I have worked with the ex- fluence in the American economy. rating it, creating 800 jobs, and paying changes in Chicago and New York. As Here are the problems that I see with off some of the debt of Enron, including we say in our business, I have many the amendment as it is written. I will debt to employees. This is a part of friends who are associated with the ex- elaborate some on each of them. First Enron that is alive and well, though changes in Chicago and New York. But of all, it permits the CFTC to regulate not under the control of Enron, which when they go to bed every night and contracts regardless of whether they as we know is in bankruptcy. they say their prayers, they say: God, are futures contracts. The CFTC has Chairman Greenspan stated before please kill the $75 trillion swaps indus- jurisdiction over futures. It does not the House Banking Committee on the try and make those people buy these have, never has had, and I hope never same issue: derivatives and swaps on my market will have jurisdiction over non-futures What I sense happened is that they ran and pay me a commission and buy derivatives or swaps at the wholesale [why Enron failed] into losses which they ba- them in thousand-unit lots. If you love level. As the amendment is now writ- sically endeavored to obscure. It had nothing me, God, please do this for me. Now, it ten, it would impose CFTC regulations to do with derivatives. may hurt the American economy, but on companies operating electronic bul- I could go through the quotes in it would be so good for me. letin boards, where bids and offers are greater detail, but when asked, Did de- Now, there is an element of that posted for various commodities—facili- rivatives have anything to do with the going on here. There was an element of ties such as Blackbird, as one exam- price hike in California? Chairman it going on in the 2000 Act. There has ple—even if futures contracts are not Greenspan said no. When asked if they been an element of it going on forever. traded on those bulletin boards. My had anything to do with the failure of People try to promote their own inter- view is, if our objective is to provide Enron, he said it had nothing to do ests, we understand that. There is no more information—and I am for more with derivatives. issue where all the special interests are information—why should we be taking He also stated before the Senate on one side. There seems to be a con- action to kill off bulletin boards that Banking Committee on March 7: ception that we try to perpetrate that are simply providing purchase and sale We’ve got to allow for that system to work there is good and there is evil and prices to customers? because if we step in as government regu- there are special interests and public Another point, this amendment—and lators we will remove a considerable amount interests and they are competing I don’t quite understand why it does of caution. against each other. The plain truth is it—would make the use of advanced In other words, not only did he say he normally there are special interests all technology a trigger for CFTC regula- was concerned about us getting into over the ballpark. And that is not all tion, so that if a bank or an insurance other areas, but he was concerned, if bad. I will note that I have always felt company, or an investment company we had more Government regulation of if you are going to catch hell no matter sets up an electronic computer system these sophisticated instruments, people what you do, even lawmakers will do whereby people can come together, ne- would come to rely on the Government the right thing. gotiate, purchase, and sell a swap or a and actually might be less cautious in There has been an ongoing effort, derivative, if they use the computer to financial matters. since the emergence of derivatives and do it, they could come under regula- I quote the following: swaps, to force them on to the futures tion. If they do the same transaction exchanges. I could give you a long and, I think that act [the 2000 commodity ex- over the phone, they don’t come under change reauthorization] in retrospect was a in this case, happy history. It will suf- CFTC regulation. very sound program, passed by the Congress, fice to simply say this: First of all, This amendment brings under the and I don’t see any particular need to revisit these swaps have never been sold on Commodity Exchange Act and under any of the issues that were discussed at market exchanges such as the Chicago the jurisdiction of the CFTC instru- length at this time. Mercantile Exchange, Chicago Board of ments that are not futures. The CFTC Let me read what he said in par- Trade, the New York Mercantile Ex- is an agency that is trained and has ex- ticular in response to a question by change. They sell standardized prod- pertise in futures; that is, say that I Senator MILLER of Georgia who asked ucts at both the wholesale and retail am contracting to deliver natural gas the following question, and I am read- level. When we are talking about at the hub in Louisiana on a certain ing from the raw transcript. In re- swaps, we don’t have a retail swap in- date, and so I sell a future for that de- sponse to Senator MILLER of Georgia dustry in America. When the 2000 bill livery, and someone buys it. That is who asked whether there is a nexus be- was written—and I was involved in the kind of transaction that the CFTC tween energy derivatives, including those sections of that legislation that is chartered to regulate. It is not char- their regulation and the California en- had to do with banking products—we tered, nor has it ever been chartered, ergy crisis, here is what Chairman simply allowed the swaps business as it nor has it ever regulated, these tai- Greenspan said: related to wholesale users, namely lored swaps and derivatives. We don’t need to revert to derivatives to banks, securities companies, manufac- Let me quote Alan Greenspan be- get a judgment as to why prices did what turers, et cetera, to function on an cause he has gone out of his way to they did. My recollection is that 2 years ago over-the-counter basis. We agreed that make statements on this, and he has or so the sort of capacity buffer that the the case would be different should a re- been asked questions about this. Since California electric power system has was the tail market ever occur in these prod- this has been raised in relation to en- typical 15 percent for its summer back loads, ucts—that is, a situation where indi- ergy and to California, in particular, which is what generally a regulated industry viduals would buy them; your aunt let me just, if I can, go through some of has because you respectively guarantee a rate of return on capability which is not might buy one. I can’t imagine, and I the things Alan Greenspan has said being used, but that 15 percent kept prices would not advise that, I would not do without wasting everybody’s time in down. As the years went on, the demand it—but we agreed in the 2000 bill, in the reading huge volumes of statements. went up in California and no new capacity bank products section of the bill that if Chairman Greenspan of the Federal Re- came on stream. That 15 percent gradually

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.019 pfrm02 PsN: S19PT1 S2026 CONGRESSIONAL RECORD — SENATE March 19, 2002 dissolved because there’s no way to have in- right down to it, an agreement could mometer’s fault. So it is clear that we ventory of electricity—there are battery sys- not be reached on the narrowing of this have had people go broke. I guess my tems—but they are just inadequate. You get to include futures but not swaps and or feeling is that we simply need to know into a situation where the demand load, if it other derivatives, to focus it just on more about this. is running up against a limited capacity and the demand tends to be price inelastic, you electricity and natural gas, which is As I have said from the beginning, if can get some huge price spikes. So you don’t where the concern is. we can make some simple changes in need derivatives to explain what happened to The reason Chairman Greenspan has this I could be for it, and I believe ev- price. chosen to speak out on this on three erybody who I quoted here today would Now, let me try to sum up because I different occasions, the reason he has be for it. Let me just tell you what the have covered a lot of areas. talked to Members, and when they amendments would be. Mr. LOTT. Will the Senator yield? called him, called them back, is that First of all, the focus of this amend- Mr. GRAMM. I am happy to yield. he is very concerned about unintended ment is supposed to be on natural gas Mr. LOTT. With all due respect to consequences. The problem is it is hard and electricity. The problem is, when the Senators in the Chamber who per- to debate unintended consequences. you get into energy in general, and haps understand this issue, I have seri- Mr. LOTT. One final point and I will also into metals, you cast a very wide ous doubts how many Senators really let the Senator give his summation. net. And while the plain truth is—and understand what we are talking about This is a very complicated area that I believe it—that there is no evidence here. I was trying to understand what could have unintended consequences, to substantiate any claim that the the Senator was saying, and it sounds no question. We should not be trying to price spike in California had anything pretty complicated to me. I hope we write legislation in this area in the to do with the existence of derivatives won’t do a test here to ask Senators to Senate without very careful thought on natural gas and on electricity, define what a derivative is. In fact, we and consideration by committees. I under the circumstances and especially have been checking Webster’s, trying think it is a very serious mistake to be given the precedent set in the 2000 law, to make sure we understand the defini- considering this amendment in this I am in favor of, and I believe everyone tion of derivative. After having read way. who opposes the amendment is in favor the definition, I don’t think it clears Just so Senators will understand, of, strengthening the provisions of law up anything. Webster’s defines ‘‘derivative’’ as: related to antimanipulation, anti- Who has jurisdiction of this? Is it the The limit of the ratio of the change in a fraud, and recordkeeping. That much Agriculture Committee or is it the function to the corresponding change in its we agree to. That part of the amend- Banking Committee? independent variable as the latter change ap- ment is agreed to. Mr. GRAMM. They both have juris- proaches zero. But I believe, and all these other diction. The Agriculture Committee I am sure you got that. That makes groups from the bankers to the Federal has jurisdiction as it relates to funda- my point. We don’t know what we are Reserve Board, to the SEC, to the mental commodities. The Banking doing here, and we should not be acting CFTC believe, that one of the ways you Committee has jurisdiction as it re- in this area. could improve this—they are all still lates to financial products. You have a Mr. DORGAN. Will the Senator from very nervous about this amendment, problem in that the amendment applies Texas yield for a question? even if we made all these changes—but not just to futures but to other deriva- Mr. GRAMM. I am happy to yield for if you could narrow it just to elec- tives and to swaps, which are under the a question. tricity and natural gas they would see jurisdiction of the Banking Committee. Mr. DORGAN. Mr. President, the mi- that as an improvement. The problem is, the last time we nority leader was asking about the def- The amendment is about the CFTC, dealt with this area, we spent 4 months inition of a derivative. I ask the Sen- and it ought to be about futures, not dealing with it in committee. We dealt ator from Texas, could he not find the about swaps. That is getting into an- with it extensively in debate and con- definition of a derivative by talking to other agenda, and that agenda is basi- ference and ended up, in total, taking people who used to run Long Term Cap- cally expanding markets on exchanges. about 7 months to deal with it. ital Management? As the Senator from And we should not be getting involved Mr. LOTT. Has this amendment been Texas will recall, it lost a fortune suffi- in deciding where a product is bought considered or had hearings in Banking, cient so that it almost took down the and sold and who ought to be buying or in Agriculture, as to its implications American economy. and selling and who should benefit eco- and what the impact would be? The Fed had to have a Sunday night nomically and who should not. Mr. GRAMM. No. rescue package to try to prevent LTCM This whole question of capital is a Mr. LOTT. Isn’t this clearly an ex- from collapsing. I would expect an aw- very important issue. At the risk of tremely complicated area with which fully good definition of derivatives. just overstating the case and oversim- we are dealing? They are risks that are now falling plifying, this is the problem. Many of Mr. GRAMM. There are two ap- through the cracks of regulators, these mechanisms, whereby trades are proaches, it seems to me, that make which come from an understanding of sold—or undertaken—just bring buyers sense. One is to call on the major agen- Long Term Capital Management. and sellers together. They never take cies—the Fed, the SEC, and the CFTC— Mr. GRAMM. If the Senator will ownership of the derivative or the to take a look at the amendment on a yield, I would respond that, if we had a swap. So to make them put up capital truncated basis, say 45 days, and give a hearing, I do not think they would be based on the transactions, if they don’t comprehensive report and definition. the people we would call on to give us ever take ownership, how does it make That would be one approach. advice. I was thinking of the Chairman any sense to make them put up some The other approach would be to try of the SEC, perhaps former Chairmen, part of $75 trillion when none of their to work out the concerns that the SEC the Chairman of the Commodity Fu- own money is at risk? and the Federal Reserve have raised. tures Trading Commission, the Chair- So that requirement, if you are not Those concerns are trying to narrow man of the Board of Governors of the very careful, ends up killing off the this down to electricity and natural Federal Reserve System. market for no purpose. If you are not gas, which is the real concern. I might say about Long Term Cap- taking ownership, if all you are doing Mr. LOTT. If the Senator will yield, ital, that they went broke by making is bringing a bank and an insurance I was under the impression there had bad decisions. They didn’t go broke be- company together, why should you been serious and extended negotiations cause of the existence of financial in- have to put up capital based on the between yourself and Senator FEIN- struments. They went broke because transaction? STEIN and perhaps others in trying to they made bad choices in the use of Then you have the toughest of the work out a compromise. those instruments. You cannot blame issues, and I admit this is a hard one. Mr. GRAMM. There were serious ne- the instrument. It is like blaming ther- If you look at it one way, it seems like gotiations. I think Senator FEINSTEIN mometers—saying I hate thermometers how can anybody be against it. If you made a good effort on her part. Senator because every time they register above look at it another way, it makes little FITZGERALD was involved. When it got 100 degrees it is hot. It is not the ther- sense. This is the point.

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.021 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2027 What we have agreed to in this something we do not do because that is instrument whose characteristics and amendment, sitting down—and again I proprietary information. How people value depend upon the characteristics thank the Senator from California for put their business together, what kind and value of an underlying instrument being willing to sit down and try to of deals they make with Nike—that is or asset, typically a commodity, bond, work it out—what we have agreed to is private information. equity, or currency. Examples are fu- extensive recordkeeping, under the So I urge my colleagues, again: Can tures and options.’’ Commodity Exchange Act. Any of we focus this down on electricity and I am sure that further clarifies the these platforms that bring together natural gas to be sure we do not have earlier definition that was read. buyers and sellers of these instruments these unintended consequences? AMENDMENT NO. 3033 TO AMENDMENT NO. 2989 would have to keep records for 5 Second, can we focus it just on fu- Mr. President, I send a second-degree years—which is the same thing that tures? amendment to the desk and ask for its any futures dealer has to do. They Third, can we at least require that immediate consideration. would have to keep them at a level capital requirements are not based on The PRESIDING OFFICER. The where the individual transaction could the transactions that come through clerk will report the amendment. be reconstructed. They would have to your purview but on any risk you take The legislative clerk read as follows: make it available to the CFTC when or ownership you take? Can you imag- The Senator from Mississippi [Mr. LOTT] the CFTC is looking at a potential for ine if you had some job collecting proposes an amendment numbered 3033 to fraud and a potential for price manipu- money and consummating transactions amendment No. 2989. lation. And they have to provide it in for somebody, and you had to put up Mr. LOTT. Mr. President, I ask unan- whatever form the CFTC wants: price, capital based not on what you invested imous consent reading of the amend- trading volume, other trading data to or the risk you have, but of your gross ment be dispensed with. the extent appropriate, which the Com- and net volume? No company in Amer- The PRESIDING OFFICER. Without mission determines as being appro- ica that has a huge volume could pos- objection, it is so ordered. priate. sibly deal with the problem. When you The amendment is as follows: The question is, Should they have to are dealing with a $75 trillion industry, At the appropriate place, add the fol- make it public? This is the question. it becomes even more important. lowing: When you are talking about the prices And, finally, any information that SEC. . FAIR TREATMENT OF PRESIDENTIAL JU- that you and I see every day when we Government needs to prevent wrong- DICIAL NOMINEES. (a) FINDINGS.—The Senate finds that— go to Wal-Mart or when we go to buy a doing in wholesale transactions—if (1) the Senate Judiciary Committee’s pace pair of tennis shoes, we are used to there is something we have not agreed in acting on judicial nominees thus far in dealing in the world we deal in as con- to that would make people feel more this Congress has caused the number of sumers where people not only want to confident, I am willing to sit down to judges confirmed by the Senate to fall below make prices public, but they pay try to see if we can work it out. But the number of judges who have retired dur- money to publish them in the news- proprietary information on a wholesale ing the same period, such that the 67 judicial paper. But Wal-Mart does not make level is something that we do not do in vacancies that existed when Congress ad- public what it pays for the things it other places. journed under President Clinton’s last term So I urge my colleagues, if we can, in office in 2000 have now grown to 96 judicial buys. Wholesale transactions in Amer- vacancies, which represents an increase from ica are proprietary information. there are two ways of working this out, 7.9 percent to 11 percent in the total number So that is part of the reason you have it seems to me: One, to do an amend- of Federal judgeships that are currently va- this tremendous opposition from the ment to send the matter to these three cant; entire financial structure of the coun- agencies for evaluation on an expedited (2) thirty one of the 96 current judicial va- try. Everyone has agreed to the CFTC basis. Let them report back. Let the cancies are on the United States Courts of having the data in whatever form they committees of jurisdiction hold a hear- Appeals, representing a 17.3 percent vacancy want, and the ability to intervene. But ing so we can hear from people who rate for such seats; (3) seventeen of the 31 vacancies on the when you are dealing with wholesale know something about this area, rath- Courts of Appeals have been declared ‘‘judi- proprietary information as to how peo- er than simply talking among our- cial emergencies’’ by the Administrative Of- ple are brought together in these trans- selves. That is one approach. fice of the U.S. Courts; actions, where if I am a trading floor, Another approach is to go back one (4) during the first 2 years of President or if I am one of these people who is a more time and see if we can deal with Reagan’s first term, 19 of the 20 circuit court middle man, bringing buyers and sell- these concerns. When the people who nominations that he submitted to the Senate ers together, and I have a way of doing have been entrusted by us to make were confirmed; and during the first 2 years it, I don’t want to share my trade se- these markets work, and work fairly, of President George H. W. Bush’s term, 22 of the 23 circuit court nominations that he sub- crets with somebody else. and work efficiently—such as Chair- mitted to the Senate were confirmed; and So we are not talking about retail man Greenspan—when they and their during the first 2 years of President Clin- prices. The CFTC has total access if staff have raised an issue, it seems to ton’s first term, 19 to the 22 circuit court there is fraud, price manipulation— me we have an obligation to try to see nominations that he submitted to the Senate they can intervene. But in terms of if we understand it and to see if we can were confirmed; and these wholesale transactions requiring fix the concern. (5) only 7 of President George W. Bush’s 29 that these prices be made public, and So my guess is we are probably circuit court nominees have been confirmed that these transactions would be made agreed on 90 percent of the things that to date, representing just 24 percent of such nominations submitted to the Senate. public, it would be like requiring a are in this amendment. But the 10 per- (b) SENSE OF THE SENATE.—It is the Sense shoe store to make public what it paid cent we differ on is very important. of the Senate that, in the interests of the ad- Nike for tennis shoes. Finally—and I will conclude because ministration of justice, the Senate Judiciary That is something we do not do in I see the leader, with the right of prior Committee shall hold hearings on the nomi- any industry in America of which I am recognition, in the Chamber—let me nees submitted by the President on May 9, aware. Granted, if you are choosing say if we could work something out, I 2001, by May 9, 2002. which side to be on in the debating think we would serve the public’s in- Mr. LOTT. Mr. President, I have club in high school, you want to be on terest. I think having a series of votes, made the point here—and Senator the side of disclosure of wholesale where we really do not understand GRAMM was making the point very prices. But if you are trying to have ef- what we are doing, is not in the strongly—that this first-degree amend- ficiency in the running of the greatest public’s interest. You feel uncomfort- ment clearly needs additional work, economy in the history of the world, able as a Senator saying that, but additional consideration. The commit- you want retail prices to be public, you these are complicated issues. tees of jurisdiction should have an op- want the Government to have access to Mr. President, I yield the floor. portunity to work on it. I had hoped data so, if somebody is engaged in an The PRESIDING OFFICER. The Re- that some accommodation could be illegal, fraudulent, or manipulative ac- publican leader. worked out. I am still hopeful of that. tivity, you can intervene, but to make Mr. LOTT. Mr. President, a further But I do not think we are ready to go people make public wholesale prices is definition of ‘‘derivative’’: ‘‘A financial forward at this time.

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.024 pfrm02 PsN: S19PT1 S2028 CONGRESSIONAL RECORD — SENATE March 19, 2002 Having said that, I also think it is Instead, we are simply closing off an The President’s working group fur- very important the Senate take a posi- exemption that applied to just a hand- ther said that there should be full-bore tion with regard to judicial nomina- ful of online trading companies that regulation if the trading is in an open tions. This second-degree amendment happen to be trading energy and met- outcry pit such as we have at the Board is the resolution that was offered last als. At the last minute, over in the of Trade and the Mercantile Exchange week. There has been no indication of House, they were exempted, not just in Chicago. There is full-blown regula- how we would proceed on that. All it from one or two levels but from all lev- tion. But there is a lighter degree of would say is the first nine circuit judge els of regulation. And this exemption regulation, some regulatory oversight, nominations that were offered last applied to literally just a handful of for online exchanges that trade those May—May of 2001—would have a hear- companies. It was a special carveout physical, finite-quantity commodities. ing—just a hearing—by May 9, 2002. that is upheld by absolutely no public It is that level of regulation that we This issue is very important to our policy rationale. are seeking to impose on these now ex- country, and it needs to be considered The companies that benefited from empt online energy transaction facili- in the order in which it was pending be- this exemption included, of course, ties. fore we came back to the Feinstein Enron Online. There is a company Senator GRAMM cited section 4(g) of amendment. called ICE, the the Commodities Act. He said we al- I yield the floor. IntercontinentalExchange; they bene- ready have recordkeeping requirements The PRESIDING OFFICER. The Sen- fited from this exemption. in the CFMA; we already have the abil- ator from Illinois. The reason banks are interested in ity for the CFTC to go after fraud if AMENDMENT NO. 2989, AS MODIFIED this issue is not because they are wor- they find it. Mr. FITZGERALD. Mr. President, I ried we are imposing some kind of legal I looked at section 4(g). Guess what. am pleased to rise in support of Sen- uncertainty on financial derivatives Section 4(g) does say that the Commis- sion shall adopt rules requiring that a ator FEINSTEIN’s amendment. I want to but, instead, because a couple of banks address and rebut a number of things have a big ownership interest in this contemporaneous written record be my good friend from Texas said. totally exempt energy online trading made, as practical, of all orders for I have as much respect for Senator facility, ICE. execution on the floor or subjected to the rules of each contract market—a GRAMM as I do for anybody in this And, finally, there is another com- body. It is going to be a great shame pany called TradeSpark that is owned contract market is a board of trade that he is retiring this year because I by a couple of energy companies. like the Chicago Board of Trade—or a will miss him dearly. I think this is, So you have three companies that es- derivatives transaction execution facil- perhaps, the first time in my 3 years in sentially got a special carveout from ity. Those are the online transaction the Senate that I have ever risen in op- the whole scheme of regulation that facilities we are talking about that are regulated. position to Senator GRAMM, but I do originated with the President’s Work- The fact is, earlier in this act we cre- disagree with him. I do not think this ing Group. ated a special category for these online The President’s Working Group, in is a complicated issue. energy and metal firms such as ICE I think it is a relatively simple issue. essence, said financial derivatives, in- which is in turn owned by Morgan I think what it comes down to is that terest rate swaps, for example, between Stanley and Goldman Sachs. They have 2 years ago, when we passed the Com- banks would be exempt from regulation a rifleshot exemption in this code, and modity Futures Modernization Act, we by the CFTC. this section 4(g) that Senator GRAMM patterned our bill after the rec- I take issue with Senator GRAMM talked about does not apply to them when he says no Member of the Senate ommendations of the Presidential because they are exempt from the defi- knows what a derivative is. I do. I grew Working Group, which included the nition of derivatives transaction execu- up in a banking family. I was on the Chairman of the CFTC, the Chairman tion facility. That is back earlier in board of many banks. I was a general of the SEC, and the Chairman of the the act. Federal Reserve Board. And they had counsel of a publicly traded bank hold- What we need to do is close this loop- recommended that we create three cat- ing company. We used to enter into in- hole. What public policy rationale up- egories of regulation. terest rate swaps. When our banks holds the picking out of a couple of on- One was a designated contract mar- wanted to do a lot of fixed rate mort- line firms and saying: You are going to ket which would be our Board of Trade gages, we wanted interest rate protec- be exempt from the requirements of and Mercantile Exchange in Chicago or tion. We would go protect ourselves the act? It doesn’t make any sense. the NYMEX in New York. There would against an increase in interest rates by Now, we did have good-faith negotia- be heavy regulation on those des- entering a swap with another bank. tions with Senator GRAMM. He has pro- ignated contract markets. There should be no fear, whatsoever, posed regulating natural gas and elec- The other recommended level of reg- out there that that market would be tricity contracts that are traded online ulation was the so-called DTEF, the de- disturbed by our amendment because it but exempting metals and oil con- rivatives transaction execution facili- has absolutely nothing to do with it. tracts. Why does that make any sense? ties. Those would be online bilateral We would not impose any requirements Shouldn’t everybody be playing on a trading facilities that could be trading on banks entering into interest rate level regulatory playing field? Why derivatives online. They would be regu- swaps, for example. Instead, the intent should some business have a regulatory lated but with lighter regulation than of our amendment is to close off an ex- advantage? That isn’t what America is the full-blown regulation of designated emption, a special carveout for online all about. We want all businesses to be contract markets. energy trading companies that makes playing on the same level playing field. And, finally, we created an exclusion no sense. If some succeed because they work for financial OTC derivatives. The op- The President’s Working Group dis- harder, have better products, and they ponents of this amendment have cre- tinguished between financial commod- are smarter, that is great. But when ated the false impression that somehow ities of an infinite supply, such as in- they succeed or make a lot of money the amendment by Senator FEINSTEIN terest rate swaps, and said those because the Government has sponsored and myself intrudes upon the now es- should be excluded. And they are ex- some special advantage based on their sentially excluded financial derivatives cluded. We maintain that exclusion. power and their adeptness at playing industry. There is no regulation by the But they said: Finite commodities the political game in Washington, that CFTC to speak of for all the financial such as agricultural commodities— is not right. That is not what America derivatives that are out there, mainly corn, soybeans, pork bellies—or met- is all about, giving a special carve-out between banks. Our amendment would als—gold, silver—finite physical com- to a few companies. It doesn’t make not impose any regulation on the modities such as that in which there is sense. banks in that regard or on others who a finite supply and in which, theoreti- Now, I happen to agree with Senator engage in purely financial derivative cally at least, the market could be cor- GRAMM on one point. I have seen no transactions. This has nothing to do nered, there should be some regulation evidence that the trading by online en- with that. for those markets. ergy trading firms had anything to do

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.026 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2029 with the spike in oil or electricity them because I would have no idea at cial derivatives markets. Those are ex- prices on the west coast. I certainly what wholesale prices they were buy- cluded and will continue to be ex- doubt that is the case. ing. I wouldn’t use them. I would go to cluded. We are simply trying to close But that is not why I am here sup- a regulated board of trade where I off a special loophole that applies to a porting this amendment. Instead, I am could be sure there were some safe- handful of companies. I think it is very supporting this amendment because I guards for me. I wouldn’t trade with good public policy. Let’s close this ex- think price discovery is very important somebody such as that, an online en- emption that was stuck in by the to consumers. ergy company. And I believe their busi- House at the last minute when they Senator GRAMM was saying we never nesses are smaller than they otherwise passed the CFMA. require retailers to disclose the whole- would be if there were some protec- I yield the floor. sale prices they pay. That is true. But tions for consumers. The PRESIDING OFFICER. The Sen- this is not really analogous to going to It is much like our stock markets. ator from Washington is recognized. buy something at Wal-Mart. This is Our capital markets have exploded in Mr. GRAMM. Mr. President, might I more analogous to buying a stock from the last 50 or 60 years. We have the best ask if the Senator will give me about 3 a broker. You call up your broker, and capital formation markets in the minutes to respond to these points be- you ask them to buy 100 shares of IBM world. I do believe that our securities fore they get cold in everybody’s mind? stock. They can look up on the New laws have helped foster that strong Would that work for her? York Stock Exchange and get one of capital market. If you go back to the Ms. CANTWELL. How long? the latest quotes, and they can tell 1920s and before, when there was really Mr. GRAMM. I think I can do it in 3 you. Let’s just say it is $100 a share. no regulation, or go back before the minutes. You go buy the 100 shares for $100 a Federal Trade Commission, when there Ms. CANTWELL. I will wait. share, and then your broker gets a was absolutely no regulation of our Mr. GRAMM. Mr. President, first of commission. stock markets, the little guys didn’t all, I thank the distinguished Senator The problem with this kind of trad- get involved in that at all because they for giving me 3 minutes. She did not ing is that the customer can’t see the figured it was an insider game and that have to do that. prices. In the case of your going to the deck was stacked against them. Let me be brief. First of all, if you go your broker and buying 100 shares of They were right; the deck was stacked back and read the Commodity Ex- IBM, you can find out what the price against them. change Act, as amended, you will find was on the New York Stock Exchange. Since we have put in protections for that what I said, in fact, was correct. It is different with an online energy the consumer, we have banned insider There are exempt commodities, which trading firm. You may call them up trading and made a lot of manipulative have always been exempt, have never and say you want a contract for, let’s practices illegal, more and more Amer- been regulated, but they are exempt, say, natural gas or something, and you icans have felt comfortable investing except as provided in these paragraphs. will pay $265 for the contract. in the stock market to the point that Then we go through a reference to Well, what if the person from the on- we now have over 50 percent of Ameri- anti-fraud, anti-price manipulation, line energy company looks up and he cans investing their own stocks di- and recordkeeping. So they are exempt finds he can buy it at $263? But then he rectly or indirectly. If there were this from the normal process because these resells it to you at $265. You never light level of regulation that Senator are huge wholesale markets among so- would know the difference, would you, FEINSTEIN and I are suggesting with phisticated dealers that have never because you would never know the our amendment, that would be good for come under regulation. But they are wholesale price at which he got it. these companies that want to uphold not exempt from anti-fraud, anti-price I am sure no one at Enron Online this special privilege that exempts manipulation, and from recordkeeping. would ever cheat their customer in the them from all regulatory oversight. I wanted to be sure that we all knew way I just described. I am sure that Now, I also note that there is a Sen- that was true. would never happen, or that this would ator who probably knows as much as The Senator says the working group ever happen in ICE or TradeSpark— any of the derivatives experts in this favored his amendment. There is only that they would use their superior country about derivative transactions, one problem with that. Every member knowledge of the wholesale market and and that is Senator JOHN CORZINE of of the working group has written a let- the lack of knowledge of their cus- New Jersey. Senator CORZINE was ter opposing the amendment. The tomer to make a few extra points. I am chairman of Goldman Sachs, which is Chairman of the Federal Reserve sure that would never happen. an owner of IntercontinentalExchange. Board, the Secretary of the Treasury, But let’s just say that this could hap- He has joined us as a cosponsor of this the Chairman of the Commodity Fu- pen, that there could be some dishonest amendment. tures Trading Commission, and the Se- people in those companies. And in addi- I think this is an outstanding amend- curities and Exchange Commission tion to wanting to make a commission ment. I think it is very simple. We are Chairman are the members of the for selling that contract at $265, they closing off a special deal that just ap- working group. The Senator takes a might want to take a little bit of plies to a few firms. There is no public sentence from their report that he says markup, a little bit of kickback. It policy rationale that supports the spe- bolsters his argument. But every mem- probably happens in the political busi- cial deal these firms have. We are mak- ber of the working group who wrote the ness when we all buy our direct mail. ing the treatment of all firms the same report, and who is charged with it You are always wondering how much under the Commodity Futures Mod- today, opposes the amendment. I have your direct mail firm is actually pay- ernization Act. It makes perfect sense. seen no evidence that anybody who ing for their printing and mailing. You We are doing so in a way that was held these positions during the Clinton know they are marking it up, and you originally recommended by the Presi- administration supports the amend- try to guard against it. dent’s Working Group. ment either. But that very same thing could hap- I appreciate the hard work of my col- Special carve-out? There is no special pen when you are trading with one of league from California and also my col- carve-out. We are getting back to a these online customers. That is why I league from Texas. We have had a lot myth. Let me remind my colleagues do believe it is important for the CFTC of negotiations. I think one thing we that, as I look at the 2000 bill as it was to have the ability to require these have done is conclusively demolish any passed, Senator FITZGERALD was an companies to report their volumes and argument that this represents any original cosponsor of the bill. What to report their prices. That is protec- threat at all to financial derivatives. this legislation did was simply clarify tion for the consumer. They are not affected in any way. to a legal certainty something the Oddly, I think ICE, Enron Online, Senator GRAMM initially said this President, the Secretary of the Treas- and TradeSpark would have more cus- was his primary concern. We worked on ury, and the Federal Reserve Board tomers if they were regulated by the it, and we have modified the amend- wanted to do, and that was that these CFTC than they now have. I will tell ment to make it crystal clear that we sophisticated wholesale products that you this: I would never go trade with have no intent of affecting the finan- had never been regulated by anybody

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.028 pfrm02 PsN: S19PT1 S2030 CONGRESSIONAL RECORD — SENATE March 19, 2002 in the history of this country—and changes, we will actually be increasing Obviously, those of us from the West since we invented them, and nowhere the confidence of market participants. know how finite the energy supplies else were they started, that I am aware They can know with certainty that can be, as California, Washington, and of—that they were exempt from normal prices for energy derivatives are not other States experienced the unbeliev- regulation, but they were subject to the result of manipulation. And believe able skyrocketing of prices. anti-fraud, anti-price manipulation, me, in my State, consumers have a lot What we, the cosponsors of this and recordkeeping. of doubt about why they are paying a amendment, are talking about here is In terms of buying a stock, that is 50-percent rate increase in energy how to implement the Working Group’s where all this confusion comes from. prices. Under this amendment, con- recommendations on antifraud provi- The example is a good one, but it has sumers can rest assured that they will sions. We are saying transaction infor- nothing to do with the point. We are not become the casualties of gaming in mation should be collected and kept. not talking about the same product. these markets. That is very important. Then, if there is a suspicion of fraud, Every swap is not a future, it is a spe- To quote the New York Mercantile investigators will have something tan- cific, custom contract. They are not Exchange, the world’s largest trader of gible to examine. homogeneous. If they are, then they energy futures: The Working Group unanimously rec- are not exempt. These are individually With numerous reports of reduced con- ommended that there should be an ex- negotiated contracts. They are not fidence in market integrity in the wake of clusion for bilateral transactions be- bought by individual, retail investors, the Enron bankruptcy, never has it been tween sophisticated counterparties, more important to restore faith in that great but it made specific note: Other than such as our colleague from Illinois. American resource, our competitive mar- They are bought by banks and mining kets. transactions that involve nonfinancial commodities with finite supplies. companies and those businesses trying Some have suggested that there has to protect themselves against risk. The Working Group recommended an not yet been conclusive evidence that exclusion from the Commodity Ex- I thank the Senator from Washington Enron manipulated derivative markets change Act for derivatives traded on for yielding me this time. and, they argue, that alone is reason electronic trading systems provided The PRESIDING OFFICER. The Sen- enough not to proceed. ator from Washington is recognized. Mr. President, there never will be systems limit participation to sophisti- Ms. CANTWELL. Mr. President, I conclusive evidence of such market cated counterparties trading for their rise to urge my colleagues to approve manipulation, if Enron Online and own accounts and are not used to trade this amendment that we have been de- businesses like it are allowed to con- contracts that involve nonfinancial bating, which would subject energy de- tinue operating in secret. I ask the op- commodities—again culling out non- rivatives trading to the same degree of ponents of this amendment to think financial commodities with finite sup- regulatory scrutiny as many other about the ramifications of this situa- plies. The Working Group noted the danger commodities. Senator FEINSTEIN and tion on the ongoing investigation into others have worked hard to bring about price manipulation in my home state. of exempting these transactions, in- a fair resolution to this issue, and to As I said, in my State, consumers have cluding energy derivatives, from regu- the chaos brought upon many Western seen rates increase up to 50 percent in latory scrutiny, and they did this in States in the electricity crisis as it un- long-term contracts that they are November of 1999. These are precisely folded. going to have to live with for many the transactions that our amendment What I think is important to under- years. In fact, Enron is still buying would put under the jurisdiction of the stand is exactly what this amendment power at cheap prices, marking it up, CFTC. Unfortunately, these cautionary does. First and foremost, my col- and selling it to utilities at higher leagues must recognize that this legis- prices because of these long-term con- notes were not heeded by Congress and lation is designed to close a specific tracts. Yet, FERC’s investigation into were instead translated into a statu- loophole—the Enron loophole—that al- these price hikes has been severely tory exemption for bilateral energy de- lowed Enron and other online traders hampered by the lack of information rivatives and electronic exchanges in to sell energy futures behind closed surrounding swaps transactions done in the context of the Commodity Futures doors, without any form of safeguards secret. Modernization Act of 2000. I can tell for consumers or investors whatsoever. The task of investigating Enron’s you, my State has suffered greatly be- At its core, our amendment would collapse and Enron Online’s impact on cause of this exemption and has not allow the Commodity Futures Trading energy markets has been made infi- been able to find out whether price ma- Commission to treat energy futures nitely more complex by virtue of the nipulation has actually occurred. similar to other regulated commodity fact that no one was required to main- I also suggest that my colleagues futures. It does not give the CFTC any tain books or records that would have take note of the Working Group’s rec- new powers that it does not already shown this clear pattern of irregular ommendation that the regulatory re- have over many other futures markets. trading. Instead, we are saddled with gime should be reevaluated from time This legislation deals specifically with this post hoc investigation that may to time. In the aftermath of Enron’s energy futures, without tampering well last years. collapse, a reevaluation is certainly with regulation of financial derivatives Some colleagues talked a lot about warranted. as much of the floor debate would lead the President’s Working Group rec- Again, to quote from the President’s you to believe. ommendations, and some have sug- Working Group: Some have claimed that by sub- gested we delay this legislation. What Although this report recommends the en- jecting energy derivatives to the same is interesting is that many of the actment of legislation to clearly exclude level of regulatory scrutiny as other names thrown about this morning, most over-the-counter financial derivatives transactions from the Commodities Ex- commodities, we would be imposing Alan Greenspan, then-Secretary of change Act, this does not mean that trans- some sort of unacceptable level of ‘‘un- Treasury Larry Summers, SEC Chair- actions may not, in some instances, be sub- certainty’’ on these markets. I find man Arthur Levitt, and CFTC Chair- ject to a different regulatory regime or that that argument fundamentally flawed. man Bill Ranier, were signatories to a need for regulation of currently unregu- How, then, does one explain the promi- the President’s Working Group report lated activities may not arise in the future. nence and global importance of other given to Congress before passage of the Specifically, the Working Group rec- American markets, such as NYMEX, Commodity Futures Modification Act ommends the enactment of a limited already under the CFTC jurisdiction? of 2000. While it is true that the report regulatory regime aimed at enhancing They don’t seem to be struggling be- supported exemptions for over-the- market transparency and efficiency cause of oversight and scrutiny by the counter derivatives, the report in- may become necessary. That is what CFTC. cluded significant cautionary notes. we are doing. In fact, I believe that by subjecting The President’s Working Group basi- We are saying that these things may trading platforms, such as Enron On- cally issued a warning saying: com- have come about because of the Enron line, to the same transparency and modities with finite supplies are more collapse. We have seen, while Congress antifraud rules as other types of ex- easily subject to price manipulation. may have acted in 2000 thinking this

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.031 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2031 exemption was the right thing to do, members supports what we are trying line trading of natural gas manipulated this exemption cost consumers—if not to do, and his name is Thomas to artificially raise prices? They might the high rates they are paying di- Erickson. try to do it now, but they would have rectly—it has at least cost them con- I will quickly read what he says. no records on which to base any inves- fidence in the system. This amendment would bring transparency tigation. Therefore, that is what this We must restore that confidence by to markets and provide Congress and the amendment is all about. opening up the energy derivatives mar- public with the assurance that no exchange Sure, I know there are people who do ket to transparency and oversight. I offering energy commodity derivatives not like it. There are people who have transactions would go completely unregu- urge my colleagues to support this lated. Moreover, it would restore to the Fed- tried to obfuscate about it, but is the very important amendment and to tell eral Government those basic tools necessary consumer going to be better off because the American public that Congress is to detect and defer fraud and manipulation. the light of day is shed on these trades acting to protect them from the kinds Therefore, I strongly support the amend- in a market that is billions and billions of loopholes that Enron was able to ment. of dollars? I think so. I cannot under- walk through and cost consumers high- That is one member of the regulatory stand how anybody feels disadvantaged er energy prices in this country. body out of three members to whom we because there is transparency, there is I yield the floor. are trying to give this responsibility. oversight, or there is recordkeeping The PRESIDING OFFICER. The Sen- So there is nothing nefarious about the that is required in every single level of ator from California. amendment. trading on any market that exists in Mrs. FEINSTEIN. Mr. President, I As I pointed out, all members of the America today. thank the Senator from Washington. I FERC support the amendment, as well So if anyone takes the time to read do not know anyone who has been more as the Chairman of the FERC, whose these letters, I think they will find we concerned about what has been hap- letter I read into the RECORD. They are doing nothing nefarious. We are pening with electricity markets than know something about these matters. simply trying to bring the light of day Senator CANTWELL. She has really tried They know what derivatives are. They to provide a record and to provide some to help her constituents and the con- know the transparency and record- regulatory oversight to a huge, bur- sumers in this area. I am very pleased keeping and oversight. geoning market. she has been in the leadership of this Whether there was a carve-out for When I talked to Mr. Greenspan, and amendment. two or three companies or not, I am I did on two occasions, what he was I particularly thank the Senator not going to comment because I do not concerned with was financial certainty. from Illinois, Mr. FITZGERALD, for know. I do know there is this one nar- What I would say to him is this brings straightening out the record from the row exemption whereby all of these on- financial certainty. This lets every- perspective of somebody intimately in- line trades go on not in the light of day body who trades online know there is volved in the banking industry. but in the dark of night, so to speak. some regulation. Just as you have reg- Let me tell you how all of this boils Nobody knows what they are. There ulation with FERC, if you deliver nat- down for me. It is this: Should some are no records kept of them. Therefore, ural gas directly to an entity, if you parts of this trading community essen- whether the CFTC thinks it has some are trading gas in between the deliv- tially be exempt from any form of jurisdiction or not does not really ery, there also is certainty—a cer- transparency, from recordkeeping or make a difference because they cannot tainty that one must keep a record, a from oversight? That is the bottom go back and look at records of trades, certainty that the record can become line. We are not trying to do anything compare them wholesale versus retail public, and a certainty that there is that is horrendous. All we are saying is prices, and know whether there was some Federal oversight as there is ev- they should have oversight, they any price manipulation or not. So sure, erywhere else. should keep records, and there should investigate. If there are no records, I see no reason at all why there be information for the public that the there is no evidence. Therefore, there is should be this widespread exemption, Commodity Futures Trading Commis- not much that is going to come from particularly at a time when we have sion would find to be nonproprietary. the investigation. seen these prices escalate beyond any- This is, in essence, all we are trying to So all we are trying to say is because one’s expectation. Nobody could think do. this has become a huge, burgeoning on- that someone could be selling elec- I have a hard time understanding line business, subject it to all of the tricity at $30 a megawatt and over- how one has to have a large degree of same regulations and oversight that night have that price go to $300 and sophistication in the industry to want every other part of the trading commu- then $3,000 without the opportunity for to shed the light of day on some of nity has. It does not take a Philadel- the light of day to be shed on it, and these trades. phia lawyer to understand that. I do also have some records and some over- Maybe California was impacted by think it benefits consumers, I do think sight. these trades and maybe California was it benefits responsible trading, and I do It is a very simple thing we are not impacted by these trades, but I can think it benefits a level playing field doing. It existed before the year 2000. tell you this: The price of electricity in for everyone who is trading in these All we are saying is give the CFTC this California in 1999 was $7 billion. The markets. I think it provides that level oversight. It is supported by FERC. It price the next year was $27 billion. It of consumer protection. Some people, is supported by the New York went up fourfold. Something happened say, oh, there is a reason why the Merchantile Exchange. It is supported other than the fact there was a huge NYMEX and the Chicago Board of by the Chicago Exchange. It is sup- demand and no supply. There was trad- Trade want it. They want to force ev- ported by people who deal in elec- ing. erybody on their exchanges. No, not tricity and natural gas, the municipal We saw it with natural gas coming in true. If it is easier to trade online, you systems. It may not be supported by to California. Natural gas prompts the can trade online, no problem with it, the banks that want to run an ex- price of electricity, and when it is $59 a but there should be a record kept of the change in this secret way. It may not decatherm in southern California and trades. There should be transparency, be supported by some who would like $8 a decatherm in New Mexico, when and information that the CFTC deems to see this anonymity continue. But if the cost of transportation from New is not proprietary but should be in the my colleagues believe that light of day Mexico to that place in California is public domain can, in fact, be in the is important, then please vote for this only $1, one has to look at what has public domain, and that, finally, there amendment. happened to boost that price way up. is some regulatory body that when I yield the floor. So all we are saying is to put it back there is an allegation of fraud would The PRESIDING OFFICER (Mrs. the way it was before. Give the CFTC step in. CARNAHAN). The Senator from Idaho. jurisdiction. For example, I would like the CFTC Mr. CRAPO. Madam President, I ap- It is being made light of that the to take a look at the California situa- preciate the opportunity to rise in op- CFTC does not support this action. The tion, evaluate the record and tell us, position to this amendment. We have CFTC has three members. One of the was there price manipulation? Was on- heard a lot of debate today about a

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.034 pfrm02 PsN: S19PT1 S2032 CONGRESSIONAL RECORD — SENATE March 19, 2002 very complicated topic that has been the law we passed. This amendment is lates only energy and mineral trans- discussed, that understanding deriva- a rifleshot amendment to pick out just actions, bring all the financial trans- tives is very difficult to do. Since this a couple commodity groups and say actions in as well? debate started and I began working on these commodity groups should have If people are at risk in America today this issue, even in years previous as we been treated differently. because we are not regulating deriva- tried to address the issue, I still have How did the law we passed last time tives transactions, why shouldn’t we to go back again and again to the ex- work? The question, again, is how are have regulated derivatives transactions perts who help us to understand the we going to regulate derivatives and and Treasury bonds? People’s retire- issue. commodities that are going to be mar- ment depends on their investment in The first point I want to make is: We keted through derivatives trans- Treasury bonds. Financial trans- spent the better part of a year, a cou- actions. First, there was an entire cat- actions, like foreign exchange and in- ple of years ago, working on this entire egory we said we were going to exclude, terest rates, are every bit as important issue of how transactions called deriva- we would not regulate. Those are called to the investor in America as are en- tives are regulated as they deal with financial derivatives. This includes ergy or mineral transactions—and, in commodities. We had a Presidential Treasury bonds, foreign exchange, in- fact, probably more so if you look at Working Group with which then-Presi- terest rates, things that happen in the the financial transactions and all of dent Clinton worked, and we relied on financial industry. the other types of commodities not in- the advice of that working group in The Senator from Illinois discussed cluded when we did the act before. setting up the model we put forward to how banks and others deal in these If we do that, we take the resiliency help us address how we in the United transactions. They are totally ex- out of the markets and make it harder States should regulate and manage cluded. for this Nation’s financial system to transactions in commodities known as Another category of commodities in- work effectively. If you accept the ar- derivatives. cluded, because historically they have gument that everybody should be I am going to try in a few minutes to been included and traded on exchanges under the same rules and nobody give a little bit of structure to how we and derivatives transactions, was the should be rifleshot out, we should cover did that, but the first point is we spent agricultural commodities. They were everybody and have no exclusion for fi- a tremendous amount of time with con- included with full regulation, full cov- nancial transactions and no exclusion gressional committees working on it erage. They are now traded on these for any commodities. Instead, that is over a long period of time, and with a boards. not what the working group rec- Presidential panel working on it, and All other commodities were exempt- ommended. an advisory group, and we came to- ed. I use the word ‘‘exempt’’ as opposed I make another point. It has been ar- gether with an approach that we then to ‘‘exclude’’ because it is different gued somewhat subtly, but I think the brought forth as legislation which be- than how we treat financial trans- point has been clearly argued, inves- came law and which President Clinton actions. Financial derivatives were ex- tors are at risk because they do not signed into law, and which we have cluded; no regulation. Agricultural have information about these deriva- now been working under for a few short commodities were included; complete tives transactions. These transactions years. regulation. All other commodities were are not investor transactions. This is This amendment will change that ap- exempted, meaning they were not not a situation where an investor is proach. Before I get into what we are going to be regulated and forced on to looking at a transaction and saying: I talking about and try to put a little the exchanges and forced to be traded think I will invest in that derivative or order to what the whole debate is in the ways that the agricultural com- I will see if I can buy into this deriva- about in terms of the structure of the modities were, but they were still sub- tive transaction. law, let me state the conclusion that ject to very important regulatory con- What is going on is the transfer of Alan Greenspan gave in answer to me trols. The Senator from Texas has al- risk from those who hold a higher risk in a Banking Committee hearing a few ready gone over those. Those were pro- situation but do not want to maintain weeks ago when I said to the Chair- tections against fraud. They would be that risk or are not in a financial posi- man: Chairman Greenspan, is this subject to the antifraud protections, tion to maintain that risk to someone amendment going to be good for Amer- the anti-price manipulation protec- in a better position to maintain risk. ica? tions, and the recordkeeping protec- We talk about what derivatives trans- His answer to me—and I will read his tions. All other commodities, other actions do. They transfer risk from one words in a few minutes if I need to, but than agricultural and financial trans- who cannot manage it as well to one his answer, in essence, was he believed actions, are still subject to those types who can manage it better. It helps our the way we had set it up was working, of fraud, price manipulation, and rec- economy be resilient. that it provided a resiliency to our ordkeeping requirements under the act. These are transactions between ex- markets in the United States and that What has happened with this amend- tremely sophisticated managers— resiliency was, in his opinion, probably ment? From that category called ‘‘all whether they be people who are one of the big factors in our ability to other commodities,’’ the amendment transacting in energy commodities or have the strength in our economy to seeks to pick out just two commodity in minerals commodities. There is not rebound as fast as we did when the re- groups: Energy and minerals. That is a situation where an investor is being cessionary trends hit us. the rifleshot, saying we do not like the shown a document and being asked to In other words, the recessionary categorization we did a few years ago; invest in a particular instrument. This trends we are hopefully now starting to we need to take energy and minerals is not like a stock market sale or see ourselves grow out of were less- and move them to another category. transaction. This is a negotiated con- ened, and the time we had to spend in The arguments given in favor of it are tract between sophisticated buyers and that financial trough was reduced be- because we need more recordkeeping sellers who are working in the market- cause we had the resiliency in our de- control and protection. That is in- place to try to reduce risk, which rivatives transactions that we put into cluded under the act. brings strength and stability to the place as a result of this very thorough The other argument is that we should economy and, as Greenspan said, study we went through just a few years not treat one group different from any helped in this last recession to bring us ago. other group. Frankly, as I indicated, back more rapidly. This amendment seeks to change we already have exemptions and exclu- What we are being asked to do is to that. The arguments are in that act we sions and coverage in different cat- shackle it and make it so that these passed a few years ago. There was a egories. I ask this question: If the argu- transactions cannot occur except over rifleshot created, a specific exemption ment is that regulation is good and the board. These transactions have to for a few commodities that was not therefore we should not have any com- be regulated like the agricultural fair, and all commodities should be modity derivatives transaction that is transactions. treated equally. The reality is the re- not regulated, why not, instead of hav- There has been a lot of talk about verse. We created basic categories in ing a rifleshot amendment that regu- who supports and who opposes this

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.037 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2033 amendment. There is already in the and it has come down to basically two If the results of the last system are RECORD a letter from our Secretary of points, as I understand the reasons not adequate, we could add to them the Department of Treasury and from that have been put forth for this and supplement them. But we should the Chairman of the Board of Gov- amendment. study the issue and try to find out ernors of the Federal Reserve System, They are that we need to have more what facts justify such an argument Paul H. O’Neill and Alan Greenspan, information available for investors and and, if there is any validity to it, what who strongly say we should maintain those in the industry who might want caused it, so we can then understand the current system. I read from the to look at these transactions to see if how to regulate it better. very last part of their letter: there was fraud or whatever. And the The bottom line is that we have had [Such legislation] could jeopardize the con- response to that argument again is none of this. We have had no hearings. tribution that off exchange derivatives have that they are already subject to the We have had no committee evaluation. made to the dispersion of risk in the econ- Act’s anti-fraud provisions, their anti- We have had nothing, other than a sev- omy. These instruments may well have con- price discrimination provisions, and eral-hour debate in this Chamber. We tributed significantly to the economy’s im- their recordkeeping provisions, and pressive resilience to financial and economic had a couple hours of debate a week or that these are not investor trans- so ago and now a couple of hours more shocks and imbalances. actions. So you have the Secretary of the today. But we have not had the oppor- Then there are those who say it is tunity to get to the bottom of all of Treasury and the Chairman of the Fed- just a good thing for us to have every- these arguments, whether they be fac- eral Reserve saying: Do not shackle body under the same rules and nobody tual allegations or arguments about our economy this way. should get any exemptions. If that is the proper mode of regulation. We also have the Commodity Futures the case, we should amend the amend- I suggest what we need to do is to Trading Commission itself, the Chair- ment to bring in all commodities, in- refer this amendment to the appro- man, representing the majority point cluding those that are excluded, such priate committees of jurisdiction and of view, stating that there is no shown as the financial transactions, and those let them conduct the studies, conduct reason for us to change the structure that are exempted, such as the com- the evaluations. In fact, what might we achieved after such careful debate modities that are not agricultural. previously. Again, I am not recommending that. even be a better solution is to refer We also have the Securities and Ex- I am simply saying the argument that this issue to the appropriate regu- change Commission saying there is no everybody should be under the same lators. need for this change and we should rules does not carry with regard to At some point in time I may submit walk carefully. these kinds of transactions. If it did, an amendment to do just that, to let We are talking about the Govern- then the amendment should be much the CFTC and the other appropriate ment regulators—the Department of broader than it is. regulators have a period of time—the Treasury, the Federal Reserve, the The bottom line here is this: If there Senator from Texas suggested maybe a SEC, the CFTC—saying there is no is some basis for us to consider chang- short period such as 45 days—to dig need for this. ing the law, which we worked so hard into this matter and give a report to What is the private sector saying? to put together a few years ago, then Congress about what they have found Those opposed to this amendment are that process of determining the change out about all the alleged contacts be- those who deal in these transactions: that needs to be made and evaluating tween wrongs in our society that might The International Swaps and Deriva- the facts and the arguments behind be related to something here dealing tives Association, the American Bank- why such a change should be made with derivatives. ers Association, the ABA Securities should first go through the regular Again, if they find anything in that Association, the Bond Market Associa- process of legislating here in this Con- context, then the appropriate commit- tion, the Financial Services Round- gress; namely, the committees with ju- tees of jurisdiction can have hearings table, the Futures Industry Associa- risdiction should take jurisdiction over and review these issues, determine if tion, the Securities Industry Associa- these issues and establish the analysis. there is any merit whatsoever in pro- tion, and the U.S. Chamber of Com- We should hold hearings. ceeding forward with changing our reg- merce, the point being that those in If there is an argument that some- ulatory scheme, and then in a very ef- our economy who deal with derivatives how the Enron situation is connected fectively fine-tuned way figure out how are saying to us: We don’t want to have to how we regulate derivatives trans- we should change the law. a rifleshot amendment that takes en- actions, then we should hold hearings. To me it seems very clear; if we do ergy and mining transactions and Those hearings should probably be in not have the kind of threat that some moves them over. the Agriculture Committee, which is suggest we have, and if we do have the Again, I want to go back and summa- where the jurisdiction of this amend- potential strength in our economy that rize a little bit. We have a situation ment lies. But somewhere we should is provided by having this flexible sys- here in which we had a Presidential have hearings to find out whether such tem of commodities transactions regu- working group that said we should set a connection is real and, if so, what the lations, it would be very dangerous for it up the way we did. We set it up the connection is and why it occurred. us to move into a new regulatory sys- way we did. It worked. Those who deal That will guide us, then, in terms of tem without understanding where we with our financial markets in America figuring out how we might create a are heading. have said it brings us and brought us better regulatory mechanism. This is one of those circumstances in the resilience we needed this last time The same is true if there are those which it is far too important for our when our economy had the shocks and who contend that somehow the Cali- economy for us to take a risk of unin- turmoil we have faced in the last few fornia energy collapse and the cir- tended consequences. years. It has been working. cumstances that occurred there were One of the most significant things we There was also testimony in the caused by failure to properly regulate will face with regard to this amend- hearings we held before the Banking energy derivatives. Again, no connec- ment, in my opinion, is the list of unin- Committee and elsewhere, where those tion has been made in the minds of tended consequences that could occur. who have tried to tie the failure to reg- those who work in the marketplace. The Senator from Texas indicated ulate derivatives transactions to some But if there is an argument that such a earlier it is really hard to debate unin- kind of problem in the energy markets connection is there and that it justifies tended consequences because we really in California, or to the Enron collapse, a change in the law, then shouldn’t we don’t know what they are, because have been able to show no real evidence have a study of it? Shouldn’t we evalu- they are unintended, uninformed— of that. If there were evidence of that, ate it? Shouldn’t we have a hearing—at something of which we are unaware. It then I think that is something that least one? Shouldn’t we let the com- is something about which, if we held would be a valid debate for us to have mittees of jurisdiction dig into this and hearings and went through the regular in the Senate. go through the process we did before? legislative process on this issue, we Instead, I have sat here now for hours Maybe we need another Presidential would identify. Then whatever con- this morning, listening to the debate, advisory board. sequences flowed from what we were

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.039 pfrm02 PsN: S19PT1 S2034 CONGRESSIONAL RECORD — SENATE March 19, 2002 doing would be understood and sup- would build the collaboration, we The Securities and Exchange Commission posedly intended by those who sup- would build the consensus, and we believes this legislative change is premature ported it. would come forward, because the one at this time. Instead, we are being asked here on thing that there has been agreement on This amendment will disrupt a mar- very short notice, without the kind of today is that nobody wants to have the ket that is working efficiently and pro- debate we need, to regulate in a way problems we saw occur in California. viding important tools for energy com- that is not necessary one section of our Nobody wants to see any kind of panies. For instance, this amendment economy—the energy and the minerals fraud or abuse from financial trans- would require new capital require- transactions related to derivatives. actions or derivatives transactions. Ev- ments on electronic trading exchanges, Again, if the argument is going to be erybody is willing to make sure that even if they simply match buyers and made that we need to protect investors antifraud provisions and price protec- sellers. These exchanges bear no risk in America, it is hard to see that be- tion provisions and the recordkeeping associated with trading but this legis- cause these are not investor trans- provisions are adequately available for lation could provide additional new actions; they are transactions between derivatives transactions as necessary, taxes. highly sophisticated individuals. If it is so that we do not cause or increase any This amendment also provides new true that derivatives are somehow a risk of problems in the economy. regulation on metals. I don’t know of threat to the investor community and If we will follow the procedures and anyone who can point to how metals the safety of the investments of the the processes of the Senate, let this had anything to do with Enron or the American public is at risk because of matter be handled by the committee of California energy crisis. The regu- something wrong with the way we jurisdiction, which I believe is prob- latory model for metals has offered no manage derivatives, then why don’t we ably the Agriculture Committee, and problems. In fact, if you take a look at cover all commodities? As I said ear- then let other related committees han- the derivatives market, there isn’t a lier, it seems to me the question of how dle their parts of it, with studies in problem with any of the markets. I will we regulate Treasury bonds or foreign support from the private sector and speak about that in a moment. exchange or interest rates or other fi- from our regulating agencies, I believe Yet the supporters of this amend- nancial transactions is every bit as im- we can get the information necessary ment believe we should quickly enact portant to the American investor as is for us to do a good job, build consensus, some new form of regulation to oversee the question of how we regulate min- and come forward with a solution that the metals market. Enron was not erals or how we regulate energy trans- can be broadly supported on both sides caused by the trading of energy deriva- actions. of the aisle. tives. As I said last week, Enron was I know in today’s climate, with the I thank the Chair very much for this not an energy trading problem. Enron Enron collapse and with the energy time. was not an accounting problem. Enron troubles we faced a few years ago in was a fraud problem. California, there are those who want to f In fact, when the Chairman of the look at every aspect of financial and RECESS Federal Reserve, Alan Greenspan, was other transactions relating to energy The PRESIDING OFFICER. Under asked at a Senate Banking Committee and see if there is some way we can im- the previous order, the hour of 12:30 hearing whether a nexus existed be- prove it. But I suggest it does not nec- having arrived, the Senate will now tween energy derivatives trading and essarily mean that more regulation stand in recess until the hour of 2:15 the collapse of Enron, he responded and more government bureaucracy is p.m. that ‘‘he hadn’t seen anything’’ that the best way to solve these problems, Thereupon, the Senate, at 12:31 p.m., would indicate that. particularly when you have the Sec- recessed until 2:15 p.m. and reassem- Why are we rushing to regulate an retary of the Treasury and the Chair- bled when called to order by the Pre- emerging business when the collapse of man of the Federal Reserve telling us siding Officer (Mrs. CINTON). Enron was likely caused by potentially we have to have the kind of resiliency illegal acts by executives and, further- in our economy that derivatives pro- f more, that the collapse of Enron did vide to us. NATIONAL LABORATORIES PART- In conclusion, I believe the bottom not cause a blip on the scope of deriva- NERSHIP IMPROVEMENT ACT OF tives trading? line is that each side can point to those 2001—Continued who support their positions and those I know this is something everybody who oppose them. Each side can come AMENDMENT NO. 2989, AS MODIFIED uses on a daily basis. In the example I up with arguments about why what we The PRESIDING OFFICER. The Sen- gave a week ago, I cited some examples are doing now is or is not working. But ator from Wyoming. of things that might help to under- no side can say we have the back- Mr. ENZI. Madam President, I rise stand derivatives trading. I will not go ground information necessary to make again, as I did a week ago when we de- into that again. I am kidding about this decision, because we have not had bated derivatives, in opposition to the this being something that everybody the kind of hearings and congressional derivatives amendment. It offers no so- works with on a daily basis. In fact, we evaluation of this issue we should have lutions to problems that caused either have been taking some classes in my had. Enron or the California energy crisis. office on how to spell ‘‘derivatives.’’ It Because of that, I stand firmly op- In fact, the amendment we have is a so- isn’t a common, ordinary thing, but it posed to the amendment. I believe ulti- lution looking for a problem. is a new market that we have looked at mately the American people will be I am glad we have had a little time to extensively, held hearings on, and have much better served if we do our jobs in study the amendment further because done work on in the past through the the Senate the way our procedures are we have asked a number of regulators regular channels. Again, there was not set up to do them. The procedures and what their position is regarding the ad- a blip in that system when Enron went the policies of the Senate have been es- ditional regulation of this relatively down. tablished to make very clear that we new form of business. We have heard We recently passed the Commodities can have the time to evaluate issues from two regulators who have jurisdic- Futures Modernization Act. Most of us such as this and do the study necessary tion over the trading markets. They in the Senate worked on this legisla- to have good, solid support. both have come back with the same re- tion extensively. I also believe, as has been indicated sponse: This is not needed at this time. This legislation examined the regula- by those who debate here, if we went CFTC Chairman Newsome has said: tion of energy derivatives. This legisla- through that process I have sug- This amendment would rescind significant tion was debated at public hearings. It gested—having a study and then fur- advances brought about by the Commodity was negotiated. It was drafted over a ther congressional evaluation and then Futures Modernization Act. significant period of time with full par- maybe propose legislation—we would In response to a letter I sent to the ticipation and input from members of probably have much more support for Securities and Exchange Commission, the Clinton administration and the whatever came forth, if anything. We Chairman Pitt responded: committees of jurisdiction. What

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.041 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2035 emerged was the proper amount of reg- We will get into what I think is a very mind the store, the Federal Energy ulatory oversight for the trading of en- important debate dealing with Senator Regulatory Commission. ergy derivatives. KYL’s amendment on renewables at ap- This administration was wined and I also wish to comment on a letter proximately 3 o’clock. dined by Enron, and they did nothing sent to Senator LOTT by Secretary of The PRESIDING OFFICER. The Sen- to help California—zero, nothing—for the Treasury O’Neill and Chairman ator from California. almost a whole year. We saw the big- Greenspan. In it they write: Mrs. BOXER. Madam President, what gest transfer of wealth from ordinary We urge Congress to defer action on Sen- is the pending business? working people to these energy compa- ator Feinstein’s proposal until the appro- The PRESIDING OFFICER. The Lott nies. Enron had a methodical plan to priate committees of jurisdiction have a second-degree amendment to the Fein- free itself of any and all Government chance to hold hearings on the amendment stein derivatives amendment. oversight so they could cooperate in se- and carefully vet the language through the Mrs. BOXER. Madam President, I cret and trade up the price of energy in normal committee processes. rise to speak in behalf of the Feinstein secret through financial arrangements, We know from history that hearings derivatives amendment which I think including derivatives. can make a difference on a bill, that is a very important amendment for us Senator FEINSTEIN has a very good working it through the committee to adopt. amendment that will restore trans- process allows a lot more flexibility in Senator FEINSTEIN’s amendment, of parency to these sales. That is why I actually working an issue and bringing which I am a cosponsor, narrows a gap am very proud to support it, and that it to light on the Senate floor, without in the oversight of the energy market. is why I say to you that it will be the some of the difficulties we have had on It is very simple. It would require the first test vote on whether we learned this particular amendment, which has Commodity Futures Trading Commis- anything from this Enron scandal, and been in the negotiation stage for about sion to regulate the energy derivatives more than that, are we willing to do a week and a half. But the floor oper- market. something about the problems that led ation does not allow the kind of flexi- We all know that derivatives are very to the whole crisis in California. bility that could correct problems and complicated, and I know Senator FEIN- In 1992, Enron worked to remove en- lead to good legislation. STEIN has spent a good deal of time ergy derivative contracts from Govern- Madam President, this is all we are educating the Senate on derivatives. ment regulations. This resulted in asking. I haven’t heard anyone say we The point is very clear. It used to be Enron being able to hide information should not examine the issue. However, that the energy derivatives market was about individual trades from Govern- we should address it through the nor- regulated by the CFTC. It is the way it ment oversight. That is why Senator mal legislative process so we could used to be, and it is the way it should FEINSTEIN has written this amendment. learn exactly the ramifications of the be. Let’s go back, she says, to the days amendment. I don’t believe anybody The CFTC should have the ability to when there was oversight over these has come to the floor and given us a obtain information critical to market online trades. thorough accounting of what would oversight and to make market infor- Once the contracts were outside Gov- happen to the energy trading markets, mation public if the CFTC determines ernment oversight, Enron lobbied Con- the swap markets, or the metal mar- that it is, in fact, in the public interest gress to remove the trading itself from kets if this law were enacted tomor- to do so. Government regulation, and in 2000, row. Senator FEINSTEIN has gained the Enron was successful and was allowed We all want to solve the problems support of the New York Mercantile to create an unregulated subsidiary posed to us by Enron and the California Exchange and various consumer orga- that could buy and sell electricity, nat- energy crisis. But this amendment will nizations. I have to say, as someone ural gas, and other energy commodities not solve those problems. This amend- who has long fought for the rights of in huge volumes without any Govern- ment may add to those problems. Once consumers, this amendment is crucial ment oversight. again, I ask Members to oppose this for consumers. We know in California As I said, we know what happened. amendment. what can happen when energy markets The prices soared in my home State. I yield the floor and suggest the ab- go secret and you do not know what is My State suffered a devastating eco- sence of a quorum. happening, except one day you wake up nomic crisis. I have a chart that shows The PRESIDING OFFICER. The and find you cannot afford to heat or the demand went up in that 1 year that clerk will call the roll. air-condition your house, and if you Enron got out of any oversight 4 per- The assistant legislative clerk pro- are a business, you can no longer afford cent; energy prices in toto went up 266 ceeded to call the roll. to pay the energy bill. percent. Mr. REID. Madam President, I ask I have to say from my heart that if I will never forget meeting with Vice unanimous consent that the order for the Senate walks away from this President CHENEY after trying des- the quorum call be rescinded. amendment, then it is giving a message perately to get a meeting with him— The PRESIDING OFFICER. Without to the country that we do not care this goes for me, Senator FEINSTEIN, objection, it is so ordered. much about this whole Enron scandal. and other Members of the California Mr. REID. Madam President, at ap- Enron worked very hard to change reg- congressional delegation. Do you know proximately 3 o’clock today, Senator ulations and laws to remove all govern- what he said to us? We told him to look KYL is going to come to offer his ment oversight. In my home State, at the prices: How can we sustain this? amendment dealing with renewables. I they actually were under no oversight All of California spent $7.4 billion on spoke with Senator KYL. He says the at all. One of the places there was over- energy in 1999, and then in 2000 when debate on that should take some time. sight was the derivatives market under Enron got out of oversight, it shot up He did not say how much time. It may the Commodity Futures Trading Com- to $27 billion? How can we sustain it? take a matter of hours. What we would mission, and that was changed. There- He looked at us and said with a do at that time is move off the Fein- fore, there was no oversight, and there straight face: You are using too much stein amendment. I have spoken with was no way to ensure that the market energy. her. was transparent—in other words, you I say again to the Vice President and With respect to the matter relating could see the various transactions that anyone who happens to be watching, to the second-degree amendment Sen- led to the final energy bill—and it al- California on a per capita basis is the ator LOTT offered dealing with judges, lowed, after they got out of the CFTC, most energy efficient State in the there will be an arrangement made for this online trading to go on in se- Union. We use less energy than any that we could vote on his amendment cret. other State. and perhaps side by side tomorrow. Clearly, in my opinion, Enron manip- We are a model in that regard. We I hope anyone wishing to speak on ulated the electricity market for one have 34 million people plus, but on an derivatives will come and do that as reason, and one can explain it in one individual basis we use less. soon as possible. I understand Senator word: secrecy. They operated in se- Our energy went up by only 4 percent BOXER wishes to do that at this time. crecy. There was only one agency to and our prices went up by 266 percent,

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.048 pfrm02 PsN: S19PT1 S2036 CONGRESSIONAL RECORD — SENATE March 19, 2002 and one of the reasons for this is Enron where their electricity bill went up 135 different approaches, using renewable, was allowed to trade online in secret. percent. limitless supplies of energy to produce They sold the same energy over and When we talk about these things, electricity in our country. over, sometimes, they say, as many as they may not sound as though they are There are some who despair this en- 14 and 15 times before it got to the con- so related to the amendment. The ergy bill that is designed to try to take sumer. amendment talks about making sure us into a new day and a new approach No oversight. People can make the we have an electricity business we can to energy policy, does not have the argument that deregulation every- monitor to make sure it is fair and just CAFE standard that was voted on last where is a wonderful thing, and I am and we do not have unjust and unrea- week. Some are concerned about that. willing to listen to it, but I have to sonable prices. If we cannot see Frankly, with or without the CAFE say, when it comes to a commodity through this system—which is cur- standard, this piece of legislation does that people need to live, they need it to rently the case because no one is moni- include some significant areas of im- heat their homes; they need it in hos- toring it—this is going to happen provement in dealing with the effi- pitals to make sure an operation will again. It is going to happen to other ciency of the transportation sector. It not be terminated in the middle of it good people in other States. does, for example, provide very signifi- because of the loss of energy. In closing, I cannot say enough about cant financial inducements for people The Chair was talking about how how much I thank Senator FEINSTEIN to buy automobiles that have new many proud farmers are in her State. I for coming to the Senate with this sources of power: fuel cell automobiles, say to the Chair, in my State I went to amendment. What she is doing is look- hybrid automobiles, and others. We a meeting in the central valley—and ing at our experience in California and recognize that if you are going to deal the Chair has been there, I know— saying, how can we do something quite with this country’s energy problem, where they have all kinds of farming. simple, which we always did before, you have to deal with efficiency of the One of the big industries is the poultry which is to make sure we do not have energy used in transportation. That is industry. They were so fearful that the people facing this type of escalation in true. I understand that. There are refrigeration would go out and this costs, manipulation of prices, all done many ways to do that. Remaining in this bill are important poultry would spoil, some of it would in secret, nobody looking over their provisions, including significant tax make people sick, or they would have shoulder, and who pays the price? The benefits to consumers with which they to throw it out. good American people and the good can purchase a car that meets certain consumers of this country. The bottom line is, energy is not a specifications, or a vehicle that meets I hope we will have an outstanding luxury, it is a requirement. So when we certain specifications with respect to vote in favor of the Feinstein amend- go ahead and take the whole energy gas mileage, the kind of power train it ment, and I hope we can begin then to area outside of any type of reasonable has, and other issues. So while some attack the basic causes of what hap- regulation, we are setting up a horror despair about the vote we had last pened in my State—an unregulated in- story for people. I can truly say, we week, let me say there remain in the dustry, out of control, insider trading went through that and I want to spare bill significant areas of efficiency deal- going on by the people at the top with- that from happening in the State of the ing with transportation. Chair—the Senator from New York has out one care in the world for the share- But that is not the issue now. The already gone through enough trauma holders, for the consumers, and for the issue is a renewable portfolio standard for any Senator—and I want to stop it people. with respect to the production of elec- from happening anywhere in this great Jeffrey Skilling, the CEO of Enron, tricity. The question for all of us has country of ours. The first test case is made a ‘‘joke’’ about California which always been, when we debate energy on the Feinstein amendment to restore was: California and the Titanic are the floor of the Senate, will we develop some type of oversight to this online very much alike. The one difference is new policies? Will we really turn a cor- trading. at least the Titanic went down with its ner or will we simply repeat the debate There is a gentleman from San lights on. That was supposed to be a we had a quarter of a century ago and Marcos, CA, who wrote to President humorous joke. beef it up just a little bit so we can de- Bush. He sent me a copy. This was dur- The bottom line is Enron turned out bate it again a quarter of a century ing the electricity crisis. He said: to be the Titanic, and if we do not from now? I am a father and a husband in a single in- learn lessons and if we do not move Will our policy simply be yesterday come family. My wife and I very carefully now to correct what happened, I do not forever? Is that our policy? It is that planned our family economics in order to know why we are here. That is how just to dig and drill and dig and drill give our daughter the benefits of having a strongly I feel. represents our policy for the next 25 full-time parent at home. We are currently I yield the floor. years? spending money on electricity bills that Mr. REID. I suggest the absence of a Look, I support digging and drilling, should be going into family investments for quorum. college or retirement planning. provided it is done in an environ- The PRESIDING OFFICER. The mentally acceptable way. We must This gentleman was so right. What clerk will call the roll. produce new energy. We must and will happened was no regulation, the ability The senior assistant bill clerk pro- produce new oil and natural gas and for Enron and others to completely ma- ceeded to call the roll. use coal. We must do that because we nipulate the market. Senator FEIN- Mr. DORGAN. Madam President, I cannot solve our energy problem with- STEIN’s amendment, which has been ask unanimous consent that the order out producing more, but we must do it second-degreed by a whole different for the quorum call be rescinded. also in a way that is environmentally subject about judges—and I am all for The PRESIDING OFFICER. Without acceptable. voting on that, but it should not have objection, it is so ordered. As we transition toward more pro- been done to this. We need a clean vote Mr. DORGAN. Madam President, my duction and more efficiency and more on her amendment to restore some understanding is we are awaiting mid- conservation, we also must, then, turn sense of transparency and honesty to afternoon for an amendment that will to this other issue of trying to find new the electricity business. be offered, we are told, by Senator KYL. sources of energy so we do not just rely This is another story I read about in I should not speak for him, but I am on digging and drilling: new sources of the San Diego Union-Tribune when we told the amendment will strike the re- energy such as wind energy, biomass, were having our troubles. There is a newable portfolio standard in its en- solar energy, geothermal, and more. pizza store called Big Top Pizza where tirety. When we produce electricity in this the electricity bill went from $200 to What is the renewable portfolio country, there are several ways for us $646—a 223-percent increase. It kind of standard? To some, when we talk about to do it. We have in the past tradition- mirrors what happened to my State. an energy policy, debate on that term ally mined coal and used coal in power That happened in 1 month. Imagine as sounds like a foreign language—a re- plants to produce electricity and move a business person seeing that kind of newable portfolio standard. It means that electricity over a series of trans- increase. I also read about a florist an attempt by this country to develop mission wires to places in America

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.050 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2037 where it is needed. Other plants use gion that is a very unstable region. We So when Senator KYL offers his natural gas as the principal fuel. But need to begin stepping that back. One amendment, I hope we can have an ag- there are other ways to produce elec- way to start doing that is by reaffirm- gressive debate today and have a vote tricity. ing this afternoon that we believe in a in which this Senate, by a very strong We now have newer technology—wind renewable portfolio standard; that is, majority, says: We insist on a renew- turbines. Those wind turbines have the we believe in a standard by which we able portfolio standard in this bill. It is capability, with much more effective- want this country to aspire to a goal, the right way and the right step for ness, to take that energy from the air an achievable goal and a real goal of this country, to make a break towards and, through those turbines, create having 10 percent of its electric energy less dependence on foreign oil and more electricity. That electricity can be produced by renewable and limitless national security for this country, by moved around the country where it is sources of energy. having a renewable and limitless needed. I mentioned wind a moment ago. source of energy well into the future. Likewise, with solar energy, geo- Wind energy is something that has, Mr. President, I yield the floor. thermal energy, biomass—we also can now, the capacity to produce a sub- The PRESIDING OFFICER (Mr. CAR- produce electricity using renewable stantial amount of new energy for us. PER). The Republican leader. and limitless supplies of energy. My home State of North Dakota is last Mr. LOTT. Mr. President, I asked We must, when this bill leaves the in numbers of trees, as I have told my questions this morning as to when we Senate, have a renewable portfolio colleagues from time to time. We rank might be able to get an agreement on standard that is reasonably aggressive, 50th in native forestlands, so we are proceeding to the campaign finance re- and one that is workable. The renew- dead last in numbers of trees. But ac- form issue. I know there have been a able portfolio standard of 10 percent is cording to the U.S. Department of En- lot of efforts underway—Senator one that we agreed to, generally speak- ergy, we are No. 1 in wind. We are what MCCONNELL, Senator MCCAIN, Senator ing, when we wrote the bill earlier. they call the Saudi Arabia of wind en- FEINSTEIN, and others. Of course, I Some have talked about 20 percent, ergy. Putting up a turbine with the ca- know the House has a real interest in which others have said is too aggres- pability to take the energy from the this. sive. There are still others in our wind and, through that turbine, turn it This morning I was beginning to feel Chamber who say there should be no into electricity and move it across that we were going to have to nudge it transmission lines makes good sense renewable portfolio standard, there a little bit to get this worked out and for this country. It is renewable; it is get it agreed to so we could get a vote should be no standard by which we limitless; it is good for our environ- and move on to other issues without it achieve more in limitless and renew- ment; it just makes good sense. interrupting them—the energy bill, for able sources of energy for the produc- That is why just one step in this en- instance—even further. tion of electricity. ergy bill that would be helpful for this I could not disagree more with that UNANIMOUS CONSENT REQUESTS country—just one—is to reaffirm today position. For us to write an energy bill I ask unanimous consent that not- that we believe in this standard, in withstanding the provisions of rule in the Senate and say, let’s just keep stretching our country to at least producing electricity the same old way, XXII, the Senate now proceed to the achieve the 10-percent level on alter- cloture vote with respect to H.R. 2356, let’s not really have any changes, let’s native energy for the production of not stretch ourselves, let’s not turn the the campaign finance reform bill, with electricity. That is all we are talking the mandatory quorum being waived. I corner with respect to energy supply, I about. think is not a step forward at all. That further ask unanimous consent that In North Dakota, for example, we following that vote, again notwith- is not new policy. That is, as I said, have some transmission issues we have standing rule XXII, the Senate proceed yesterday forever. We will not be here to deal with in order to produce more to the consideration of a Senate resolu- in most cases, 25 years from now, some- wind energy. I hope we can move to tion, the text of which is at the desk; one will have a new idea for a new en- produce more energy from wind, from further, the resolution be agreed to and ergy policy. It will be digging more and biomass, from solar, but we also have the motion to reconsider be laid upon drilling more. to find ways to transmit it through the table. That is not new, and it does not re- transmission lines. We are talking now I further ask unanimous consent that solve our issues in the long term that in this legislation that Senator BINGA- the Senate then resume consideration are so important for this country. MAN brought to the floor about new of H.R. 2356 and the time until 6 to- September 11 described for all of us technologies for transmission lines. It night be equally divided between Sen- the fact that this is a pretty uncertain is for a range of initiatives. I was help- ators MCCONNELL and MCCAIN. and dangerous world in some respects. ful in working on some incentives to I further ask unanimous consent that We have talked a great deal since Sep- try to move us toward composite con- no amendments be in order to the bill tember 11 about national security. ductor technology, for example, which and, at 6 tonight, the bill be read the Madmen, sick, twisted, demented peo- is one technology, to double or triple third time and the Senate then proceed ple who live in caves in Afghanistan, the efficiency of transmission lines. If to a vote on passage of the bill with no plot the murder of thousands of inno- you can triple the efficiency of trans- intervening action or debate. cent Americans in America’s cities. So mission lines, you don’t have to build Finally, I ask unanimous consent we talk about national security and we new corridors. You can move substan- that when the Senate receives from the prosecute a war against terrorism and tially more electricity across the grid House a technical corrections bill re- we talk about homeland security and it system in this country to where it is garding campaign finance reform or a is all very important. But there is an- needed. concurrent resolution which corrects other part of national security that is The point is, we have a lot to do. This the enrollment of H.R. 2356, and the also very important. That is the secu- legislation does a lot. I believe this text has been cleared by Senators rity or the lack of it that comes with afternoon we will be confronted with MCCONNELL and MCCAIN, then the Sen- the need to get 57 percent of our oil, an amendment that says, no, let’s step ate immediately proceed to its consid- our energy supplies of oil and natural back and not do quite as much. In the eration, the bill be read the third time gas from abroad—most of which come area of a renewable portfolio standard, and passed, or the resolution be agreed from Saudi Arabia and Kuwait, in one it would be awful, in my judgment, for to, with the motion to reconsider laid of the most unsettled regions of the the Senate not to stand for and perhaps upon the table and with no intervening world. even improve that which is already in action or debate. Connecting our country’s need for oil the bill. The 10-percent standard that Here is my point and why I make this to a supply from a region that is so un- is in the bill, with respect to some request. I believe it is ready. I think it stable and so uncertain is not a smart agreements, as I understand it, has is time we bring this to conclusion. I policy for this country. We have been changed a bit. Perhaps we could think we can get a vote on it at 6 ratcheted this up to almost 60 percent even strengthen that. The point is, we o’clock tonight, and then we would be of our energy supply coming from ought not retract; we ought not step prepared to get back to energy or other abroad—most of it coming from a re- backwards on this issue. issues that the Senate would desire.

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.053 pfrm02 PsN: S19PT1 S2038 CONGRESSIONAL RECORD — SENATE March 19, 2002 Mr. MCCONNELL. Will the leader is time to pass this bill. We understand amendment that I plan to cosponsor. I yield? debate is largely over and we would do not think it will be controversial. Mr. LOTT. I am glad to yield, Mr. like to wrap it up. We do not have it fully cleared. President. Mr. LOTT. I emphasize that point, I talked to the Senator from Arizona. Mr. MCCONNELL. Let me concur Mr. President. When I was talking to He does not seem to have an objection. with what the leader said. As a Senator Senator REID this morning, there were I ask if the Senator from Arkansas who has fought for many years to de- still, I guess, negotiations—or not even might be permitted to go. feat that bill, I believe it is clear that negotiations—the technical corrections Mr. REID. I say to my friend, it is my position is not going to prevail. were being reviewed by a number of understanding that the Senator from We had good negotiations over a people, including House people, and it Arkansas and the Senator from Mis- technicals correction to the bill. The seemed to be moving very slowly and souri wish to lay down an amendment, consent request to which the Repub- seemed to be holding up the final dis- and with the hope that it will either be lican leader has asked that we agree position of this issue. And this looks to accepted or finished at some later gives Senator MCCAIN and myself, who me as if that problem is taken care of time. But after your initial state- have been on opposite sides of this by doing it this way. ments, we could go to Kyl. It should issue, a chance to review a subsequent So I just would inquire of Senator not take too long; is that correct? technicals bill that passes the House. REID—— Mr. LOTT. Reserving the right to ob- Either one of us would have the right Mr. REID. If the leader will yield. ject—and I do so to save time—I know to veto it. We are very close to an Mr. LOTT. Certainly. Senator REID is trying to make use of agreement. Mr. REID. The Republican leader is time while he works out clearances. I I agree with the Republican leader absolutely right. We did have a con- would object right now to going to Kyl. that there is certainly no necessity to versation today. We have heard a lot of In the meantime, we have Senator have any all-night sessions or any of talk the last week or so that things NICKLES who would like to speak, and these other scenarios we hear have have all been wrapped up. But we never also Senators LINCOLN and BOND, and been suggested to the press, since the really got to that point. I think we are then we can communicate and see if we opponents of this bill are ready to almost there. This is a tremendous step can’t get an agreement on the Kyl move on with it. That is what this con- forward from where we were this morn- amendment after we get through this. sent agreement makes clear. ing. I have no reason to doubt that we But I object at this point. I commend the Republican leader for can be back here very shortly and Mr. REID. The only thing I would offering it. enter into this agreement. We will ask: Senator KYL has been over here Mr. REID. Reserving the right to ob- make sure the Senator from—— like a yo-yo. I hope he will not go too ject, Mr. President. Mr. LOTT. You are indicating, then, far away, so maybe we can lay this The PRESIDING OFFICER. The dep- you hope very shortly we could come down a little later. uty majority leader. back perhaps and propound—or perhaps The PRESIDING OFFICER. Objec- Mr. REID. I do congratulate the lead- you would want to propound something tion is heard. er. It is really important we have got- such as this? The Senator from Arkansas. ten this far. We are very close. I say, Mr. REID. I think we will be in a pos- Mrs. LINCOLN. Mr. President, what however, Senator FEINGOLD and oth- ture to do that very quickly. is the pending amendment? ers—but especially Senator FEINGOLD— Mr. LOTT. I thank you. The PRESIDING OFFICER. The Lott need to make sure the resolution re- Mr. REID. I see both Republican second-degree amendment to the Fein- ferred to in this request is appro- leaders. Senator KYL is in the Cham- stein first-degree amendment. priate—and the correcting bill. I have ber. What we wanted to do is move to AMENDMENT NO. 3023 TO AMENDMENT NO. 2917 no doubt they will be approved by Sen- his amendment dealing with renew- Mrs. LINCOLN. Mr. President, I ask ator FEINGOLD. To my knowledge, he ables to get that issue out of the way. unanimous consent to lay aside the has not yet signed off on these. And I see Senator BOND and Senator I ask that the Republican leader and pending amendment and call up LINCOLN in the Chamber. They have an amendment No. 3023. Senator MCCONNELL recognize it is amendment that may be agreed to. The PRESIDING OFFICER. Is there really important that we get this out I ask my friend, Senator NICKLES, are objection? of the way. No one wants to spend all you going to speak on the derivatives The Chair hears none, and it is so or- night here. We have so many other im- issue? dered. portant things to do. I think there is Mr. NICKLES. I am going to speak The clerk will report the amendment. no reason we can’t work something out on the energy bill. The legislative clerk read as follows: in the next little bit. But I have to do, Mr. REID. Yes. I am just wondering; The Senator from Arkansas [Mrs. LIN- Senator KYL is back in the Chamber, as I have indicated, what needs to be COLN], for herself, Mr. BOND, Mr. JOHNSON, done. I will do that. As a result of that, and he has had so many dry runs. Mrs. CARNAHAN, Mr. HUTCHINSON, Mr. HAR- I object at this time. Mr. NICKLES. I will speak on the KIN, Mr. GRASSLEY, Mr. BUNNING, Mr. BAYH, The PRESIDING OFFICER. Objec- Kyl amendment as well. and Mr. CRAIG, proposes an amendment num- tion is heard. Mr. REID. If we get this campaign fi- bered 3023 to amendment No. 2917. The Republican leader. nance agreement, everyone will step Mrs. LINCOLN. Mr. President, I ask Mr. LOTT. If I could inquire of Sen- aside, of course, and we will move to unanimous consent reading of the ator REID, I understand he needs to that. I indicated to the staff on the Re- amendment be dispensed with. confer with other Senators, and we publican side, we are going to work The PRESIDING OFFICER. Without would perhaps need to do that even something out tomorrow so we can go objection, it is so ordered. more on our side. to an amendment the Republican lead- The amendment is as follows: But let me clarify, this did not in- er has pending on the Feinstein amend- (Purpose: To expand the eligibility to receive clude the technicals correction; is that ment. biodiesel credits and to require the Sec- correct? So what I would like—I am sorry to retary of Energy to conduct a study on al- Mr. MCCONNELL. What it does is set have been interrupted, but it was im- ternative fueled vehicles and alternative up a procedure by which, even after the portant I be. fuels) passage of Shays-Meehan, if the tech- I ask unanimous consent that the On page 142, strike lines 8 through 11 and nical corrections on which we are Senate now resume the Bingaman insert the following: working is agreed to and is passed by amendment No. 3016 and that Senator SEC. 817. TEMPORARY BIODIESEL CREDIT EX- PANSION. the House and comes over here, in KYL be recognized to offer a second-de- order to make sure it is one on which (a) BIODIESEL CREDIT EXPANSION.—Section gree amendment to the Bingaman 312(b) of the Energy Policy Act of 1992 (42 we still agree, Senator MCCAIN or I amendment. U.S.C. 13220(b)) is amended by striking para- could veto it; otherwise, it could come The PRESIDING OFFICER. Is there graph (2) and inserting the following: up and be passed. objection? ‘‘(2) USE.— The point I think the leader is mak- Mr. BOND. Reserving the right to ob- ‘‘(A) IN GENERAL.—A fleet or covered ing is that we are ready to move on. It ject, the Senator from Arkansas has an person—

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.056 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2039 ‘‘(i) may use credits allocated under sub- an equal footing with every other al- gram is warranted. We must allow all section (a) to satisfy more than 50 percent of ternative motor fuel in this Nation. alternative fuels to count toward the alternative fueled vehicle requirements Biodiesel is a clean-burning alter- EPACT’s alternative fuel require- of a fleet or covered person under this title, native fuel that can be produced from ments. title IV, and title V; but ‘‘(ii) may use credits allocated under sub- domestic renewable sources, such as Our amendment will allow us to section (a) to satisfy 100 percent of the alter- agricultural oils, animal fats, or even make the most of existing opportuni- native fueled vehicle requirements of a fleet recycled cooking oils. ties. By offering an additional option or covered person under title V for 1 or more It can be used in compression-igni- for the use of alternative fuels, we will of model years 2002 through 2005. tion diesel engines with no major modi- widen the possibilities for these fuels ‘‘(B) APPLICABILITY.—Subparagraph (A) fications. It contains no petroleum, but to be made more widely available. does not apply to a fleet or covered person it can be blended with petroleum at Fleets will continue to have the option that is a biodiesel alternative fuel provider any stage in the production and deliv- to choose the complying vehicles and described in section 501(a)(2)(A).’’. ery process from the refinery to the gas (b) TREATMENT AS SECTION 508 CREDITS.— fuels that best meet their needs. Section 312(c) of the Energy Policy Act of pump. Biodiesel is simple to use. It is This amendment is not expected to 1992 (42 U.S.C. 13220(c)) is amended— biodegradable. It is nontoxic and essen- affect fleets that are currently using (1) in the subsection heading, by striking tially free of sulfur and aromatics. It is ethanol or natural gas. But this ‘‘CREDIT NOT’’ and inserting ‘‘TREATMENT completely user friendly. amendment does provide a further op- AS’’; and Although new to our country, its use tion for alternative-fueled vehicles. (2) by striking ‘‘shall not be considered’’ is well established in Europe with over Furthermore, it does not directly dis- and inserting ‘‘shall be treated as’’. 250 million gallons consumed annually. place natural gas or ethanol sales since (c) ALTERNATIVE FUELED VEHICLE STUDY AND REPORT.— The Energy Policy Act of 1992 set a na- biodiesel is used in medium and heavy- (1) DEFINITIONS.—In this subsection: tional objective to shift the focus of duty trucks rather than light-duty ve- (A) ALTERNATIVE FUEL.—The term ‘‘alter- national energy demand away from im- hicles. native fuel’’ has the meaning given the term ported oil toward renewable and do- It is in the best security interest of in section 301 of the Energy Policy Act of mestically produced energy sources. our Nation to reduce our reliance on 1992 (42 U.S.C. 13211). When EPACT was passed in 1992, it rec- foreign energy suppliers. We can no (B) ALTERNATIVE FUELED VEHICLE.—The ognized ethanol, natural gas, propane, longer afford to be subject to the term ‘‘alternative fueled vehicle’’ has the electricity, and methanol as alter- whims of the foreign cartels such as meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211). native fuels. The original list of alter- OPEC which successfully manipulate (C) LIGHT DUTY MOTOR VEHICLE.—The term native fuels did not include biodiesel the price of oil. ‘‘light duty motor vehicle’’ has the meaning because the technology had not been Added to these threats posed by given the term in section 301 of the Energy fully developed at that point. OPEC and the instability of the Middle Policy Act of 1992 (42 U.S.C. 13211). EPACT set a goal to replace 10 per- East are the even more threatening (D) SECRETARY.—The term ‘‘Secretary’’ cent of petroleum-based fuels by the possibilities we face in other parts of means the Secretary of Energy. year 2000 and 30 percent by the year world. Developments in many regions (2) BIODIESEL CREDIT EXTENSION STUDY.—As 2010. However, a GAO report issued in of the world where much of today’s en- soon as practicable after the date of enact- ment of this Act, the Secretary shall con- July of last year noted that ‘‘limited ergy supplies are obtained—West Afri- duct a study— progress had been made in increasing ca, the Caspian Sea, Indonesia, and on (A) to determine the availability and cost the numbers of alternative fuel vehi- and on—clearly serve notice that our of light duty motor vehicles that qualify as cles in the national vehicle fleet and Nation cannot continue to depend on alternative fueled vehicles under title V of the use of alternative fuels’’ as com- these areas for our future energy needs. the Energy Policy Act of 1992 (42 U.S.C. 13251 pared to the conventional vehicles and These events make it even more press- et seq.); and fuels. ing than ever that we proceed forward (B) to compare— We have not met the original EPACT with developing our own domestic al- (i) the availability and cost of biodiesel; goals of replacing 10 percent of the pe- with ternative energy resources. (ii) the availability and cost of fuels that troleum-based fuels by the year 2000, By allowing fleets to meet 100 per- qualify as alternative fuels under title V of and we are not on track to meet the cent of their AFV requirement by the Energy Policy Act of 1992 (42 U.S.C. 13251 goal of 30 percent by the year 2010. In using biodiesel, we will take a positive et seq.). fact, we have not even come close. step toward moving this country away (3) REPORT.—Not later than 1 year after That is partly a result of not allowing from dependence on petroleum-based the date of enactment of this Act, the Sec- all alternative fuels to be used to meet motor fuels and toward alternative retary shall submit to Congress a report that EPACT alternative fuel mandate. motor fuels. that— My amendment will significantly in- The time to start investing in renew- (A) describes the results of the study con- ducted under paragraph (2); and crease the use of alternative fuels by able energy sources is now. We have (B) includes any recommendations of the enacting a temporary program to allow taken far too long to get to this point. Secretary for legislation to extend the tem- covered fleets to meet up to 100 percent There are many other nations way porary credit provided under subsection (a) of the EPACT purchase requirements ahead of us in using these types of al- beyond model year 2005. through the use of biodiesel. Currently, ternative fuels. I urge my colleagues to Mrs. LINCOLN. Mr. President, I am covered fleets can meet up to 50 per- support our amendment to work hard very pleased to be joined in offering cent of purchase requirements with on being able to present the realities of this amendment with my good friend biodiesel. the fact that we are there. We have from my neighboring State of Missouri, The amendment would also require products now that we can be using. If Senator BOND. Senator BOND and I have the Secretary of Energy to conduct a we can provide the incentives and the worked together on numerous issues study evaluating the availability and abilities to make sure the marketplace during our tenure in the Senate, and I cost of alternative-fueled vehicles and can become ready for these alternative am pleased to work with him again. alternative fuels. fuels, we are on the cusp of finding the I am also pleased to be joined by Sen- The provisions of this amendment solution. ators JOHNSON, CRAIG, CARNAHAN, would automatically sunset after 4 I appreciate the support of my col- HUTCHINSON, HARKIN, GRASSLEY, years. At that time, covered fleets league in working with me. I look for- BUNNING, and BAYH as cosponsors of would again be able to satisfy only 50 ward to a very positive reception of our this amendment. I ask unanimous con- percent of purchase requirements with amendment with the wonderful cospon- sent to add Senators CARPER, FITZ- biodiesel. This temporary program, in sors we have. I know the Senate will be GERALD, DAYTON, and DORGAN as co- conjunction with the Energy Depart- ready to move forward on this one. I sponsors. ment study, is necessary to determine appreciate all the work Senators have The PRESIDING OFFICER. Without if vehicle and fuel markets are signifi- put into this alternative fuels effort. objection, it is so ordered. cantly developed to support continuing I yield the floor. Mrs. LINCOLN. The purpose of this the purchase mandates or if a further The PRESIDING OFFICER. The Sen- amendment is to place biodiesel fuel on extension to the biodiesel credit pro- ator from Missouri.

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.012 pfrm02 PsN: S19PT1 S2040 CONGRESSIONAL RECORD — SENATE March 19, 2002 Mr. BOND. Mr. President, I particu- Now, the fleets that are using it in- have a chance to offer an amendment. larly appreciate the great work of my clude the Army, Air Force, Marines, I am also concerned about how the bill colleague from Arkansas. There is a lot NASA, Department of Agriculture, na- has grown. It started out at 400-some of rivalry across the border, but on this tional parks, State departments of pages. The second bill, dated February one, the Senators from Arkansas and transportation, in Missouri, Iowa, 26, had 539 pages. The bill we have Missouri and many other States are Ohio, Virginia, Maryland, and others, pending, dated March 5, has 590 pages. working together. and public utilities, such as Common- This bill never went through com- I have just come from a very exciting wealth Edison, Georgia Power, Kansas mittee and didn’t have a committee session outside with the National Bio- City Power and Light, and Duke En- markup. I didn’t have a chance to diesel Board Assistant Secretary, J. D. ergy. amend it, to read it, or to improve it. Penn; USDA; Congressman HULSHOF; These fleets have found the biodiesel The full Senate failed to have this op- members of the Missouri Soybean Mer- fuel use option to give them more flexi- portunity as well. Twenty members of chandising Council talking about the bility to comply with their require- the Energy Committee didn’t have that benefits that soy diesel can provide to ments, while more directly addressing chance, either. So we now face the situ- our environment, to reducing our de- the original intent of EPACT—dis- ation where we are amending on the pendence on imported oil, and to placing foreign petroleum sources. floor; we are significantly rewriting it strengthening our rural economy. These fleets, particularly public utility on the floor. There were provisions They had a wonderful old soy diesel fleets, that are strapped for resources that didn’t belong in the bill in the En- truck that the Missouri Soybean Coun- have urged Congress to lift the 50-per- ergy Committee on CAFE. That be- cil first brought here 10 years ago. cent limitation on biodiesel fuel use longed in the Commerce Committee, That baby is still running, still smells credits. In addition to more directly but they didn’t mark it up there, ei- sweet. You follow that diesel down the addressing the primary intent of ther. We had to amend that on the road, you don’t get smoke coming out EPACT, the biodiesel fuel use provision floor and fight that battle. Those pro- of it that smells like burning tires. serves to address the secondary intent visions on CAFE standards would have Think of french fries. It is not only of EPACT, which is providing for clean- impacted every automobile user, con- cleaning up the air, but it is using a re- er air emissions. sumer, every person in the country. It newable fuel. We have been talking According to Government estimates, would have made automobiles less safe, about renewable fuels; they are doing 90 percent of heavy-duty fleet emis- and it would have cost thousands of it. They are doing it in my State and sions come from the oldest vehicles in jobs and thousands of dollars per auto- Arkansas and Illinois and Iowa and the fleet. New vehicles that are being mobile. But we didn’t have that debate Delaware, I gather. It works. purchased are much cleaner. Biodiesel in committee. We didn’t have a com- This is a fuel that doesn’t require offers a solution to cleaning up the mittee report to say what the impact special kinds of newfangled engines. emissions of older vehicles. would be. Right now the B–20 blend is being used Lifting the 50-percent limitation on We didn’t have the committee report in major bus fleets. The St. Louis Bi- biodiesel—which does not exist for any dealing with the energy bill, either. We State Transit Authority has agreed to other alternative fuel—will serve to en- didn’t have minority views and major- use 1.2 million gallons of soy diesel in hance the effectiveness of the EPACT ity views, which we usually do. Some a B–20 blend. We are working with the program. Biodiesel offers one of the people said it had been done before. It Kansas City Area Transit Authority, best ways immediately to reduce our hasn’t been done in the Energy Com- which covers Kansas and Missouri, to reliance on foreign petroleum through mittee. I have been on the committee use it. We have worked with Ft. the use of our existing national infra- for 22 years. Every major substantive Leonardwood in Missouri to train sol- structure and current and future diesel piece of legislation in the Energy Com- diers using soy diesel for battlefield technology. mittee has been bipartisan and has smoke rather than petroleum diesel. I would love to discuss the benefits of gone through the legislative process. Again, the real problem is that soldiers soy diesel at great length. If anybody Deregulation of natural gas comes to get hungry when they smell that soy has any questions, the Senator from mind. That was a very complicated, diesel smoke. Arkansas or I will be more than happy comprehensive bill. We had both Demo- I think it is particularly useful be- to discuss them. But given the fact crat and Republican support. cause studies have shown there are that we do have many contentious pro- But we didn’t take these steps this dangers from using regular diesel in visions and amendments to discuss, we case. We find ourselves rewriting this, school buses, and soy diesel can signifi- will limit our comments, unless some- discussing it, and educating Members cantly clean up the emissions from body wants to get into a debate. We on the floor. buses as well. welcome the opportunity to provide I noticed that Senator DASCHLE, What we are doing is very simple, as more information on it. when he was referring to the Judiciary my good friend from Arkansas has al- With that, I simply urge all of my Committee, made this quote in a news ready pointed out. We are just chang- colleagues to support this amendment. conference on March 6. I have it behind ing a qualification or limitation that It has tremendous bipartisan support me: was in the 1992 Energy Policy Act. We in the heartland. I think, as more peo- If we respect the committee process at all, have not seen the progress we expected ple look at it, this should be over- I think you have to respect the decisions of under that act, also known as EPACT, whelmingly accepted. I urge colleagues every committee. I will respect the wishes to displace 10 percent petroleum by to look at it and ask questions and sup- and the decisions made by that committee, 2000 and 30 percent by 2010. port the amendment. as I would any other committee. One of the problems is the limita- I yield the floor. Then he said on March 14: Commit- tions on the use of biodiesel or soy die- The PRESIDING OFFICER. The Sen- tees are there for a reason, and I think sel because they don’t require alter- ator from Oklahoma is recognized. we have to respect the committee ju- native-fueled vehicles. Incidentally, Mr. NICKLES. Mr. President, I am risdiction, responsibility, and leader- the CAFE amendment proposed last going to make a few comments con- ship, and that is what I intend to do. week by the Senator from Michigan cerning the Senate and then the energy That statement, I happen to agree and myself and adopted on the energy bill that is pending, and maybe a cou- with. It is just that we did not agree bill specifically mandated that the al- ple of amendments that are pending as with it when it came to the energy bill. ternative-fueled vehicles that are man- well. So we have been wrestling with this dated in the existing act actually use I am very concerned, as an individual bill now for a couple of weeks. We may alternative fuels. And soy diesel is one Senator who has been in the Senate for well spend another couple of weeks on way of getting there. 22 years, about how the Senate is work- it. It is because we didn’t do it in the What we believe is important under ing—or, in some cases, not working. I committee. And so for the majority the Energy Policy Act is to allow 100 am concerned about the pending bill leader to say he respects the process, percent of the usage of biodiesel to be and the fact that I have served on this we didn’t respect the committee proc- applied toward the requirement. committee for 22 years and I didn’t ess when we dealt with the energy bill,

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.060 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2041 unfortunately. We didn’t respect it hydro or wind? We subsidized some re- The Judiciary Committee last week when we dealt with CAFE standards, newables—a lot. failed to approve the nomination—or which would have gone through the Wind energy right now has a tax send to the floor—of Judge Pickering Commerce Committee. Now we are not credit. I think it is about 1.7 cents per who is now a district court judge. It is respecting the committee process in kilowatt. That is the equivalent of 40- the first time in 11 years that the Judi- dealing with the Feinstein amendment. some percent of the wholesale cost of ciary Committee defeated a nominee in That didn’t go through the Banking electricity. That is a pretty large sub- committee, and 11 years ago is when Committee or the Agriculture Com- sidy. the Democrats controlled the Senate. mittee. I guess wind energy could take up the I know I heard my colleagues, the I happened to listen to the debate by balance. Can we take wind energy from leaders on both sides, say: We want to Senators GRAMM, ENZI, and FEINSTEIN. .2 percent of energy production up to 10 treat all judicial nominees fairly and I concur that most Members don’t percent? I do not know. We are going give them appropriate consideration. know much about the issue. I put my- to have hundreds of square miles of Circuit court nominees have not been self in that majority group of Members. windmills if we do. Is that the right treated fairly by the Democrats who When you start talking about deriva- thing for our country to do, and can we are running the Judiciary Committee tives and futures contracts, and so on, do it without massive subsidies—we today. They have not been treated fair- maybe your eyes glaze over and you being the taxpayers—paying a signifi- ly. say: Doesn’t somebody else work on cant portion of the energy cost? I do There are 29 people President Bush this issue? We are going to be deciding not know, but we are getting ready to has nominated for circuit court nomi- that on the floor of the Senate. We vote on an amendment in the next day nees. They have been nominated to be never had a committee hearing on Sen- or two that will mandate this 10 per- on the circuit court—29. Seven have ator FEINSTEIN’s proposal. Senator cent. Is it going to be wind energy? Is been confirmed; two or three of those GRAMM says it has impacts of $75 tril- it going to be solar? A lot of people are were Democrats nominated by the pre- lion. That is a lot of money. That is a getting ready to vote and do not have vious administration supported by lot of contracts. That is a lot of issues. a clue how much it will cost or if it is Democratic colleagues. We have done 7 Should we not have committee hear- even achievable. out of 29. One was defeated. We have ings on that in the Agriculture Com- I support Senator KYL’s amendment, now had a hearing on two. There are 19 mittee, in the Banking Committee, and I hope my colleagues will as well. who have never had a hearing—19. The Senate is not working and I am where they deal with that issue and There is a tradition in the Senate— critical of the Energy Committee and I where they have expertise? I would maybe I should educate my col- am offended because as a member of think so. leagues—there is a tradition in the the Energy Committee, as someone We are going to be dealing with an Senate that we give Presidents their who has invested a lot of time on that issue of renewables. Senator KYL has nominations by and large. If there is a committee, for me not to have any an amendment on renewables. We had problem with the nomination, fine, input on the composition of this bill is an amendment last week that Senator let’s hold it, discuss it and debate it, offensive to the process. JEFFORDS offered, 20-percent renew- but, by and large, Presidents have the I read Senator DASCHLE’s comments. ables. He ended up getting 30-some He said: I will respect the wishes and majority of their nominations through votes. Did the renewable section pass the decisions made by that committee the Judiciary Committee and through out of committee? No. But we are as I would with any other committee. the Senate in their first 2 or 3 years as going to pass a law that is going to The wishes of the committee were President. mandate that every utility in the coun- not respected when it came to the en- I have a chart that shows President try has to come up with renewables of ergy bill. We did not get that chance. Reagan in his first 2 years got 98 per- 10 or 20 percent? What is the impact of We disenfranchised I know every Re- cent of his judges through, including 19 that? What does that mean to con- publican member on the committee. of 20 circuit court nominees. The first sumers on their utility bills? Is it even I have only been on the Energy Com- President Bush got 95 percent of his achievable? mittee 22 years. Senator MURKOWSKI circuit court nominees, 22 out of 23. I What do you mean by renewables? has been on it 22 years. Senator DOMEN- might mention, that is when the Demo- When we look at the underlying defini- ICI has been on it 26 years, maybe crats controlled the Senate. Somebody tion that is in the Daschle-Bingaman longer, plus or minus. That is a lot of said: No, Republicans controlled the bill, renewables doesn’t count hydro. years not to have a chance to offer an Senate when Ronald Reagan was Presi- Most of the definitions I have seen of amendment during a committee mark- dent. Yes, we did, but Democrats con- renewables count hydro. According to up. trolled the Senate when President this amendment, we are not going to When Senator DASCHLE said he was Bush 41 was President, and he got 93 count it as a renewable. We are going going to respect the wishes and deci- percent of his judges in the first 2 years to count solar, wind, biomass, and a sions of the committee, he did not re- and 95 percent of the circuit court few other things; and if you add that spect the wishes of the committee nominees. together, that is about 1.5 percent of when it came to this major legislation, President Clinton in his first 2 years, our electricity production. We are one of the most important pieces of with a Democratic Senate—got 19 of 22 going to waive a law, or a bill and say, legislation we will consider all year circuit court judges, 86 percent of cir- bingo, you have to be at 10 percent, or long. He did not respect the wishes of cuit court judges, and by the end of his maybe 20? What does that mean? How the Commerce Committee when it second year, he got 90 percent of all of much does that cost? came to CAFE standards because they his judges confirmed. He got 129 judges. Senator KYL has an amendment say- did not get to mark up the bill. They He got 100 judges confirmed in his sec- ing, hey, let’s tell the States, do con- did not get to vote on it. ond year. sider renewables, give them flexibility And I look at some of the other com- Why all of a sudden now with Presi- on how to do it, and count hydro when mittees. It came to the Agriculture dent Bush we have only done 24 per- you define renewables, as does every- Committee. The Agriculture Com- cent? We have done 7 out of 29 circuit body else in the world. Every State mittee did report out a bill but, for the court nominees—7 out of 29. That is pa- counts hydro as a renewable. But it is first time in my Senate career, it re- thetic. President Bush nominated nine not in this bill. Wow. That little ported out a bill on an almost straight on May 8 of last year. Nine. We have amendment, the 10-percent mandate party vote. I think there was one mem- disposed of one—that was Judge Pick- for States to have renewables—I have ber who crossed over. The committee ering—and seven were confirmed out of been trying to figure out how much it came up with a very partisan agri- that nine. Eight have not even had a costs. I have checked with experts. I culture bill for the first time. hearing. get one figure of $88 billion over 10 or In addition, we had a partisan Fi- Miguel Estrada, a Hispanic who im- 15 years. Other people are speculating nance Committee bill. We did not get migrated to this country from Hon- since it simply depends on which re- the stimulus package through. The duras when he was a young man—he newable you are talking about. Is it Senate is not working. immigrated, frankly, with nothing. He

VerDate 11-MAY-2000 02:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.062 pfrm02 PsN: S19PT1 S2042 CONGRESSIONAL RECORD — SENATE March 19, 2002 could not even speak English. He grad- tainly the first 2 and 3 years of a Presi- editor of the Harvard Law Review. Following uated with honors from Harvard. He dent’s term. Maybe in the last year of graduation he clerked for Judge Henry J. has argued 16 cases before the Supreme their term it is understood they do not Friendly of the United States Court of Ap- Court, and he has not even had a hear- get a lot of judges: Let’s wait and see peals for the Second Circuit, and the fol- lowing year for then-Associate Justice Wil- ing. John Roberts argued 36 cases be- how the election goes. Particularly if liam H. Rehnquist. Following his clerkship, fore the Supreme Court. He was nomi- the judges are nominated in the last Mr. Roberts served as Special Assistant to nated in May of last year. He has not few months of a Presidential term, United States Attorney General William even had a hearing. there are legitimate reasons to wait French Smith. In 1982 President Reagan ap- We have only dealt with one-fourth until after the election. pointed Mr. Roberts to the White House of the circuit court nominees, while Let us come up with a little better Staff as Associate Counsel, a position in the three previous Presidents had 90- understanding. We should not hold peo- which he served until joining Hogan & plus percent confirmed. 90-plus percent ple in limbo and maybe hold careers in Hartson in 1986. Mr. Roberts left Hogan & Hartson in 1989 circuit court nominees in the three jeopardy or on hold when we have out- to accept appointment as Principal Deputy previous administrations, Democrats standing people who are willing to Solicitor General of the United States, a po- and Republicans, were confirmed, and serve, and in many cases at a great fi- sition in which he served until returning to now we have only confirmed 7 out of nancial sacrifice. The President has the firm in 1993. Mr. Roberts has presented 29—that’s one out of four. nominated good people and they can- oral arguments before the Supreme Court in That is not working. The Senate is not even get a hearing? Something is more than thirty cases. not working. This institution I love is wrong. Something is wrong on the MIGUEL ESTRADA, NOMINEE TO THE COURT OF not working. The Energy Committee Sixth Circuit Court when they only APPEALS FOR THE DISTRICT OF COLUMBIA did not work. It did not mark up a bill. have 8 out of 16 positions filled. In Miguel A. Estrada is currently a partner in So now we have to rewrite the bill on other words, they have half that cir- the Washington, D.C. office of Gibson, Dunn the floor. cuit court vacant. Something is wrong. & Crutcher LLP, where he is member of the firm’s Appellate and Constitutional Law The Commerce Committee did not The Senate is not working. work. The Agriculture Committee is Practice Group and the Business Crimes and President Bush has nominated sev- Investigations Practice Group. Mr. Estrada becoming partisan. We have never had eral outstanding nominees to the Sixth has argued 15 cases before the U.S. Supreme a partisan agriculture bill in decades. Circuit and they should have a chance Court. From 1992 until 1997, he served as As- The Finance Committee could not even to have a hearing and to be voted on. I sistant to the Solicitor General of the United report out a stimulus package. Eventu- am confident that the overwhelming States. He previously served as Assistant ally, we took half a package from the majority would be confirmed. U.S. Attorney and Deputy Chief of the Ap- House and adopted it when in the past I saw Senator DASCHLE’s comments pellate Section, U.S. Attorney’s Office, the tradition of the Senate has always when he said we ought to follow the Southern District of New York. Mr. Estrada served as a law clerk to the been, whether you are talking about Senate committee process. I agree with Honorable Anthony M. Kennedy of the U.S. Bob Dole, Bob Packwood, or Russell that. It is unfortunate we have not Supreme Court from 1988–1989, and to the Long, we had bipartisan tax bills al- been doing it. What happened last week Honorable Amalya L. Kearse of the U.S. most every time, and we could not get in the Judiciary Committee, where Court of Appeals for the Second Circuit from it done this year. Judge Pickering was defeated, I hope 1986–1987. He received a J.D. degree magna Mr. President, I am critical of the people do not go down that road. Right cum laude in 1986 from Harvard Law School, process. I happen to love this institu- now the Democrats are in control, but where he was editor of the Harvard Law Re- tion. I want the Senate to work. I want barely. My guess is Republicans—I view. Mr. Estrada graduated with a bach- elor’s degree magna cum laude and Phi Beta Members to do what Senator DASCHLE have been in the Senate where the Kappa in 1983 from Columbia College, New said: Have the committee process leadership has changed. I think this is York. He is fluent in Spanish. work. It is not working, and it is not the fourth time, and I am sure I am TERRENCE BOYLE, NOMINEE TO THE UNITED working in committee after com- going to be in the Senate where it is STATES COURT OF APPEALS FOR THE 4TH CIR- mittee. going to change again, and maybe CUIT BIOGRAPHY I urge my colleagues that we lower again and again. Who knows? Terrence Boyle is the Chief Judge of the the partisan rhetoric and do our job in So people should recognize they can United States District Court for the Eastern committees and respect Members. I be in the majority, they can be in the District of North Carolina. He was appointed will also make a comment on Judge minority. So to treat nominees the to the bench in 1984 and was unanimously Pickering. It is unconscionable to me way they are being treated now, be- confirmed by the Senate. Chief Judge Boyle to believe that this fine judge was de- cause they happen to be a circuit court began his career working in Congress, where he was Minority Counsel for the House Sub- feated. It is unbelievable to me to nominee, is not right. I will also tell think Members would not confirm a committee on Housing, Banking & Currency my colleagues on the Democrat side I from 1970 through 1973. He later served as the nominee who is a close friend of the will make the same statement when Legislative Assistant for Senator Jesse Republican leader. Republicans are in control. I do not Helms before going into private practice in I cannot imagine that we would do think we should hold people indefi- 1974 in the North Carolina firm of LeRoy, something like that to the Democratic nitely and not give them hearings. I do Wells, Shaw, Hornthal & Riley. leader. I cannot imagine that ever hap- not think we should confirm 24 percent Since joining the federal bench Chief Judge pening to Bob Dole. I cannot imagine it of the circuit court nominees. I think Boyle has been appointed twice by Chief Jus- happening to George Mitchell. I cannot tice Rehnquist to serve on Judicial Con- that is pathetic, and we need to do bet- ference committees. From 1987 to 1992 he imagine it happening to Howard Baker. ter. We need to do much better, and I The Senate has really stooped, in my served on the Judicial Resources Committee, hope and expect that the Senate will. and from 1999 to the present he has served as opinion, pretty low. Maybe in a way I I ask unanimous consent that short a member of the Judicial Branch Committee. am afraid we are trespassing where we biographies of the eight nominees who Chief Judge Boyle has sat by designation on should not go. It is very important that were nominated on May 9 for the cir- the United States Court of Appeals for the we step back and we figure out what is cuit court of appeals be printed in the Fourth Circuit numerous times, and has issues over 20 opinions for that court. the right way to legislate, what is the RECORD. right way to consider nominees. If peo- There being no objection, the mate- MICHAEL MC CONNELL, NOMINEE TO THE UNITED ple are nominated to be a district court rial was ordered to be printed in the STATES COURT OF APPEALS FOR THE 10TH CIR- CUIT BIOGRAPHY judge or a circuit court judge, they are RECORD, as follows: He is currently the Presidential Professor entitled to a hearing, they are entitled MAY 9TH NOMINEES to a vote whether Democrats are in at the University of Utah College of Law. JOHN G. ROBERTS, NOMINEE TO THE COURT OF charge of the Senate or Republicans McConnell received a B.A. from Michigan APPEALS FOR THE DISTRICT OF COLUMBIA State University (1976) and a J.D. from the are in charge of the Senate. Mr. Roberts is the head of Hogan & University of Chicago (1979), where he was I am not saying we did it perfect ei- Hartson’s Appellate Practice Group in Wash- Order of the Coif and Comment Editor of the ther when the Republicans were in ington, D.C. He graduated from Harvard Col- University of Chicago Law Review. Upon charge. I do think, by and large, we lege, summa cum laude, in 1979, from the graduation, he served as law clerk to Chief ought to let people have a vote cer- Harvard Law School, where he was managing Judge J. Skelly Wright on the United States

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Court of Appeals for the District of Columbia term. She was reelected in November 2000. (a) REQUIREMENT.—Section 111(d) of the Circuit, and then for Associate Justice Wil- She served as a Judge of the Ninth District Public Utility Regulatory Policies Act of liam J. Brennan, Jr., on the United States Court of Appeals in Ohio for four years prior 1978 (16 U.S.C. 2621(d)) is amended by adding Supreme Court. to taking the Supreme Court bench. Fol- at the end the following: Professor McConnell was Assistant General lowing graduation from Law School until her ‘‘(14) GREEN ENERGY.— Counsel of the Office of Management and election to the Court of Appeals, Justice ‘‘(a) Each electric utility shall offer to re- Budget (1981–83), and Assistant to the Solic- Cook was a member of Akron’s oldest law tail consumers electricity produced from re- itor General (1983—85), after which he joined firm, Roderick Linton, and the firm’s first newable sources, to the extent it is available. the faculty of the University of Chicago Law female partner. Justice Cook received her ‘‘(b) Renewable sources of electricity in- clude solar, wind, geothermal, landfill gas, School in 1985. He has published widely in Bachelor of Arts and her Juris Doctor de- biomass, hydroelectric and other renewable constitutional law and constitutional the- grees from the University of Akron. In 1996 energy sources, as may be determined by the ory, with a speciality in the Religion Clauses the University of Akron presented her with appropriate state regulatory authority.’’. of the First Amendment. He has argued elev- an Honorary Doctor of Laws Degree. Justice (b) PRESERVATION OF STATE AUTHORITY.— en cases in the United States Supreme Cook was president of Delta Gamma and Nothing in this Act affects the authority of Court. He has served as Chair of the Con- president of her senior class at the Univer- a State to establish a program requiring that stitutional Law Section of the Association of sity of Akron. a portion of the electric energy sold by a re- American Law Schools, Co-Chair of the Justice Cook is a recipient of the Delta tail electric supplier to electric consumers in Emergency Committee to Defend the First Gamma National Shield Award for Leader- that State be generated by energy from any Amendment, and member of the President’s ship and Volunteerism and the Akron Wom- particular type of energy. Intelligence Oversight Board. en’s Network 1991 Woman of the Year. In 1997 Mr. KYL. Mr. President, I have laid PRISCILLA OWEN, NOMINEE TO THE UNITED she received the University of Akron Alumni Award. She and her husband founded a col- down an amendment to the underlying STATES COURT OF APPEALS FOR THE 5TH CIR- Bingaman amendment, which I think CUIT lege scholarship program benefitting 23 un- derprivileged children from the 4th grade sets up a classic choice for our col- Priscilla Owen is currently a Justice on leagues. We have been selling this en- the Supreme Court of Texas. Prior to her through graduation, with the guarantee of election to that court in 1994, she was a part- four years’ college tuition. She has been ergy bill and especially the electricity ner in the Houston office of Andrews & called by the Cincinnati Post a ‘‘clear-head- section of it as promoting competition, Kurth, L.L.P. where she practiced commer- ed, intellectually rigorous jurist with a good the market economy, and deregulation. cial litigation for 17 years. She earned a B.A. grasp of the big picture . . . She has served The underlying Bingaman bill is ex- cum laude from Baylor University and grad- with distinction.’’ (October 8, 2000). actly the opposite of deregulation. It is uated cum laude from Baylor Law School in DENNIS SHEDD, NOMINEE TO THE UNITED STATES reregulation by the U.S. Government 1977. She was a member of the Baylor Law COURT OF APPEALS FOR THE FOURTH CIRCUIT in a new and extraordinary way. The Review. Thereafter, she earned the highest Dennis Shedd has been a judge for the amendment I have laid down is an at- score in the state on the Texas Bar Exam. United States District Court for South Caro- tempt to move forward with deregula- Justice Owen has served as the liaison to lina since 1990. Judge Shedd graduated Phi tion, keeping the Federal Government the Supreme Court of Texas’ Court-Annexed Beta Kappa from Wofford College in 1975, re- out of the business of telling Ameri- Mediation Task Force and to statewide com- ceived a juris doctor from the University of mittees regarding legal services to the poor South Carolina in 1978, and received a Mas- cans what they have to do. and pro bono legal services. She was part of ters of Laws from Georgetown University in The Bingaman amendment reminds a committee that successfully encouraged 1980. From 1978 through 1988, Judge Shedd me of the old Soviet-style command the Texas Legislature to enact legislation served in a number of different capacities in economy, where the Soviet government that has resulted in millions of dollars per the United States Senate including Counsel told the people of Russia what it was year in additional funds for providers of legal to the President Pro Tempore and Chief going to have produced and they had to services to the poor. Counsel and Staff Director for the Senate buy it. It did not allow choice of pro- JEFFREY SUTTON, NOMINEE TO THE UNITED Judiciary Committee. Upon leaving the Sen- duction or consumption. The United STATES COURT OF APPEALS FOR THE 10TH CIR- ate staff in 1988, Judge Shedd became of States understands that is a road to CUIT counsel in the firm of Bethea, Jordan & Grif- ruin, but the Bingaman amendment Mr. Sutton is currently a Partner in the fin while simultaneously maintaining his says the U.S. Government is going to firm of Jones, Day, Reavis & Pogue of Co- own Law Offices of Dennis W. Shedd. From 1989 to 1992, Judge Shedd was an ad- mandate, to require, to compel that 10 lumbus, Ohio. After graduating first in his percent of the electricity sold at retail class from the Ohio State University College junct professor of law at the University of South Carolina. While serving in his current in this country be produced with cer- of Law, Mr. Sutton served as a clerk to the tain fuels, certain politically correct Honorable Thomas Meskill, United States capacity as a United States District Court Court of Appeals, Second Circuit. The next Judge for the District of South Carolina, fuels. year he clerked for United States Supreme Judge Shedd has been a member of the Judi- They have been described as renew- Court Justices Lewis F. Powell, Jr., and cial Conference Committee on the Judicial ables, but not all renewables count be- Antonin Scalia. Mr. Sutton has argued nine Branch and its subcommittee on Judicial cause some renewables are more equal cases and filed over fifty merits and amicus Independence. Judge Shedd is actively in- than others, to borrow the phrase from curiae briefs before the United States Su- volved in community activities in his home the animal farm. No, only those politi- preme Court, both as a private attorney and of Columbia, South Carolina including his cally correct renewables will count to- participation helping to organize and pro- as Solicitor for the State of Ohio. In his role ward the requirement that 10 percent as Solicitor between 1995 and 1998, Mr. Sut- mote drug education programs in the local public schools. of the electricity the people of this ton oversaw all appellate litigation on behalf country buy in the future be from this of the Ohio Attorney General, as well as Mr. NICKLES. I yield the floor. state litigation at the trial level. particular energy source. The PRESIDING OFFICER (Mr. It does not matter how much it costs. For the past eight years Mr. Sutton has JOHNSON). The Senator from Arizona. held the post of adjunct professor of law at It does not matter what good it does. It Mr. KYL. Mr. President, I ask unani- does not matter how hard it is to do. It Ohio State University College of Law, teach- mous consent to lay aside the pending ing seminars on the constitutional law. In does not matter how discriminatory it addition, Mr. Sutton teaches continuing business for the purpose of sending an is among different people within the legal education seminars on the United amendment to the desk. country. None of that matters. What States and Ohio Supreme Courts to Ohio The PRESIDING OFFICER. Without matters is that people in Washington state court judges and develops curriculum objection, it is so ordered. know best, and so the U.S. Government for appellate judges on behalf of the Ohio AMENDMENT NO. 3038 TO AMENDMENT NO. 3016 is going to tell people how much elec- State Judicial College. Mr. Sutton is a mem- Mr. KYL. Mr. President, I send an tricity they have to buy from these ber of the Board of Directors of The Equal Justice Foundation and of the National amendment to the desk. unique sources of fuel: Biomass, wind, Council of the College of Law, and is a four- The PRESIDING OFFICER. The solar, and geothermal. Other renew- time recipient of the Best Briefs award by clerk will report. ables such as hydropower, for example, the National Association of Attorneys Gen- The bill clerk read as follows: do not count. There is something eral. The Senator from Arizona [Mr. KYL], for wrong with hydropower. That is the DEBORAH COOK, NOMINEE TO THE UNITED himself, Mr. MILLER, Mr. WARNER, and Mr. underlying Bingaman amendment. STATES COURT OF APPEALS FOR THE 6TH CIR- MURKOWSKI, proposes an amendment num- The Kyl amendment says let us leave CUIT bered 3038 to amendment No. 3016. it up to the States. Fourteen States al- Justice Deborah Cook was elected to the In lieu of the matter proposed to be in- ready require some percentage produc- Ohio Supreme Court in 1994 for a six-year serted, insert the following: tion of electricity with renewables, as

VerDate 11-MAY-2000 02:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.015 pfrm02 PsN: S19PT1 S2044 CONGRESSIONAL RECORD — SENATE March 19, 2002 defined by the States. They are moving produce it, then why does it not a la Enron—not producing anything toward the production of power produce it? Why does the Senator from but creating credits. As a matter of through this so-called green energy, that State say, look, we have decided, fact, as I read the Bingaman amend- and that is fine. My own State has a re- or we have not decided, to require this ment, it is not restricted to production quirement that 2 percent of the energy in our own State, but we are going to in the United States. In fact, I believe sold at retail be produced in this fash- require it for everybody else and then it is contemplated British Columbia ion, all the way up to the State of maybe it will work for us. electrical production could be imported Maine requirement that 30 percent be Maybe what they are saying is we into the United States for the credits it produced through this kind of renew- can have a lot of production in our would be provided. As a matter of fact, able fuel, and that is fine. State if everybody else has to buy it I don’t understand why other countries What the Kyl amendment says is from us. Maybe that is it. would not get into this, too. The Three each electric utility shall offer to re- As a matter of fact, it transpires that Gorges Dam in China might well qual- tail consumers electricity produced there are a couple of utilities that ap- ify. Since the generators have not been from renewable sources, to the extent parently have access to a lot of wind put in the Three Gorges Dam, that it is available. Then it defines renew- generation, and they are lobbying pret- would be incremental additional elec- able sources to include solar, wind, ty hard to get this bill passed. The rea- trical production by hydro—the only geothermal, landfill gas, biomass, hy- son? They are going to get the U.S. way you can count hydro. droelectric, and any others as the Government to tell everybody else they Since it is not limited by the current State may determine are appropriate. have to buy power from these par- language, as I read the amendment, Then it says that nothing in the act af- ticular producers. what we are doing is creating a trading fects the authority of the State to es- We have always been against oligar- market in electrical renewable energy tablish a program requiring that a por- chy, monopolies, in this country. Why credits which might well enrich not tion of the energy source come from re- would the U.S. Government force peo- just a few special companies in the newables. So we require the States to ple to buy a particular kind of energy United States but some foreign coun- take a look at it, but we do not tell knowing it is only produced by a very tries as well. Who pays the tab? The them what they have to do because I do few sets of utilities today? Talk about electrical retail consumer. not think we know best. a windfall. I suggest the Energy Com- I have this challenge for my friends I know the conditions in the State of mittee ought to look at this very care- who think it is a wonderful idea: How Arizona are a lot different from the fully, take a little inventory of who is will they feel when somebody runs an conditions in New York, for example. I producing this and who is not. My ad against them in their next campaign do not think that New Yorkers would guess is there are a very few, very spe- that says: Are you sick and tired of be able to produce much solar elec- cial people who are going to benefit high electric energy rates? You have trical power, but we can sure do that from this big time. I would like to Senator So-and-So to thank for that out in Arizona. know who they are. I would like to because he got a bill passed that re- I heard my colleague from North Da- know to whom they have contributed quired, by the authority of the U.S. kota, Mr. DORGAN, say his State of in their campaigns. I would like to Government, your electrical retail sell- North Dakota had been defined as the know whom they have lobbied. er to buy 10 percent of the energy from Saudi Arabia of wind. I say wonderful. There has been criticism of energy these costly renewables or, if you do Then let them produce electricity people talking to Vice President CHE- not buy that, to buy the credits. The through wind power. I am not stopping NEY before he came up with the admin- credits, of course, will cost a lot of them. Senator BINGAMAN is not stop- istration’s energy plan. I would like to money. As a matter of fact, these cred- ping them from doing that. The State know who, on behalf of these particular its probably will become a very valu- of North Dakota can produce 100 per- utilities, has talked to whom and what able commodity. cent of its power from wind generation kind of support there is to enrich this The way the Bingaman amendment if it wants. small group of utilities that would works, as I understand it, the gener- It is interesting to me that North Da- take advantage of this particular ator does not get the credits. If I have kota is not in that list of States that amendment. I would like to know that. an electrical generating facility in Ari- requires any production of retail elec- However, we did not have any mark- zona and I decide to create a lot of tricity from renewable fuels—Arizona, up in the Energy and Natural Re- solar-powered generation and I know Connecticut, Hawaii, Illinois, Iowa, sources Committee. That was taken there is a big market for electricity in Maine, Massachusetts, Minnesota, Ne- away from the Energy and Natural Re- California, I sell a lot of this power to vada, New Jersey, New Mexico, Penn- sources Committee on which I sit. We California so the folks in Los Angeles sylvania, Texas, Wisconsin. Where is had no opportunity to get into that. We can air-condition their homes or for the Saudi Arabia of wind? It is not are going to be asking some of those whatever they need the power. I don’t here. questions. We never had a cost-benefit get the credit for that. The retailer in The people of North Dakota who have analysis. We have no idea whether this Los Angeles is the one that gets the all of this resource must have some is going to do any good and, if so, how credit for whatever renewable fuel is reason why they are not taking advan- much good, and how you can quantify used in the production of that elec- tage of it. And since we are providing a it, but we do know how much it will tricity. tax credit of a billion dollars a year to cost. On the order of $88 billion, for What does that mean? First of all, if those who produce electricity through starters. That is only until the year I have any retail customers myself, I these renewables, one would think that 2020. After that, it is $12 billion a year. will try to keep that power. Although would be a big incentive. As a matter Who pays? The electric customers. Is it electricity is fungible, I will somehow of fact, that is how we are getting the equal for all of the electric customers try to allocate it to my retail cus- renewable produced energy in the coun- in the country? No, it turns out it is tomers. But if I have extra power, what try today. We provide a carrot, a big not. If you are fortunate enough to be I might do is, instead of applying it to tax credit. We just extended it for 2 a State that can produce this renew- my requirement, I might simply say I more years in this bill at a cost of $2 able energy electricity, it will not cost. have this much on the market, and I billion. So there is a big incentive to You get to sell credits to the States will withhold it from the market, and I produce electricity with taxpayer sub- that do not produce it. They have to will see how much it would bring on sidy. buy the credits. What do they get for the market. As I recall, the subsidy is something that? Nothing. They do not get any Of course, our friends from California like 1.7 cents per kilowatt hour for electricity. What they get is a pass complained about the fact that Enron wind generation, which is about 40 per- from the Federal Government from and others withheld energy from the cent or so of the cost of producing the having to build those renewable energy market, thus driving the cost up. power. That is a pretty generous sub- sources themselves. A retail seller in Los Angeles is going sidy. So if a State such as North Da- What we are doing is creating a big to need a lot of renewable power in kota has that much capacity to new market in electric credits. This is order to meet this mandate. Where is

VerDate 11-MAY-2000 02:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.069 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2045 that company going to get the renew- of the New York utilities. And to whom with it now. But they are also con- able power? It will have to buy it from are they going to be paying them? cerned that in the end they will have somebody. If that electricity or those They are going to be paying them to to comply, that they were only re- credits are withheld from the market the favored States, those that actually moved from its provisions because a long enough, the cost of the credits could produce this renewable fuel en- point of order lay, and that there will escalate substantially. There is ergy. This is the equivalent of a Btu would be an attempt later to include nothing in the bill that prevents that. tax. If you are going to get your power them in it—among other things, be- There is no regulatory regime, al- from coal or nuclear, for example, you cause it is unfair for one group of utili- though I am sure once we get going, are going to pay a big premium. Your ties to be treated one way and another there will be a very big regulatory re- customers are going to have to pay be- group to be treated another way. gime. It is fraught with potential for cause you are not producing electricity I appreciate that they have not fraud and abuse. Once we see all of that with the favored fuels. backed off their opposition to the bill happening, we will have to have a di- That is wrong. This legislation is notwithstanding the fact that tempo- rector of this and that, with a big bu- costly, it is discriminatory, it walks rarily they are not subject to its provi- reaucracy and a lot of law enforcement away from deregulation, and imposes a sions. and penalties in order to enforce the massive new regulation of what we can I note the cosponsor of my amend- law so it will not be abused. We will buy in this country, it is anti-Amer- ment to leave this to the States, the have the Enron situations, and there ican, and it also will favor the few to Senator from Georgia, is present. For will be a big hue and cry, and we will the cost of the many. We don’t even the purpose of allowing him to com- all want to prevent that, so we will es- know who those few are. They know ment on this for a moment, I would tablish more bureaucracy. The Soviet who they are. They are lobbying for like to yield to him and then, when he survival command economy will march this legislation. But I suggest we bet- has completed all he wants to say, re- on as we have to enforce the policy we ter know who they are before we vote gain the time so I can make some more dictate. on it or this is going to come around comments. I would like to yield to my What are we going to do? Are we and bite folks. colleague from Georgia, Senator MIL- going to force people to sell the credits I know some of my colleagues say, LER. they have accumulated? Are we going Oh, I need a green vote. I need to im- Mr. MILLER. I thank the Senator to say they can only sell them for a press my environmentalists. from Arizona. certain amount of money? As I read I have two responses to that. Vote Mr. BINGAMAN. Mr. President, I will the Bingaman amendment, there is one your conscience. Do whatever you want not object to this procedure, although other place you can buy the credits. to do. But if you are just trying to do it is a little unusual. I would like a You can buy them from someone who this to impress some environmental chance to respond to the Senator from has already produced the power or, I constituents, think about all the rest Arizona at some point here. So I do not gather, if it is not available, you can of the constituents, the ones who have want him yielding time to various peo- buy it from the Department of Energy. to buy electricity. Do they count? ple around the floor for the whole The Department of Energy, even They are the ones who are going to afternoon. I am glad to have the co- though it does not produce anything, have to pay the bill. I hope they re- sponsor, Senator MILLER, go ahead and would be able to sell these credits at member at election time that they are speak and then, when the Senator from something like 200 percent their value just as important as this environ- Arizona concludes, I will expect to or 3 cents a kilowatt hour. Actually, mental community that wants a green speak at that point. the Federal Government might make vote out of some of my colleagues. Mr. KYL. That is certainly accept- some money on this. Why are you willing to impose a re- able to me, and I appreciate the senti- Who pays the tab? The retail electric quirement on others that they buy a ment of the Senator from New Mexico. customers. Is that what this is all particular product that one of your I simply saw my colleague from Geor- about: Another way to tax the Amer- friends has to sell? To me that is very gia and wanted him to have an oppor- ican people? It kind of sounds like it to unfair. tunity to interrupt my presentation. me. As a matter of fact, there are two This is one more thing that makes The PRESIDING OFFICER. Is the new taxes in this legislation. One is the this unfair. There was a point of order Senator from Georgia seeking recogni- tax of which I just spoke, and the other that lay against part of this amend- tion in his own right? is a Btu tax by any other name. Re- ment as it pertained to a mandate on Mr. MILLER. I ask to be recognized member when we defeated the Btu tax? the municipalities and State-owned for up to 5 minutes to speak on the leg- It was a tax on coal-fired, oil-fired, gas- and co-ops and others that are the po- islation. fired, and nuclear production of elec- litical subdivisions that generate and The PRESIDING OFFICER. Without tricity. We said: That is not fair. That sell power. Because it would have re- objection, it is so ordered. is what is embodied in the Bingaman quired a significant expense for them, Mr. MILLER. I thank the Senator amendment and the underlying bill. We it was an unfunded mandate and would from New Mexico. I will be very brief. are favoring some energy sources over have been subject to a point of order. I rise in support of the Kyl/Miller others. So Senator BINGAMAN has wisely amendment on the renewable portfolio What are the ones in disfavor, out of agreed to take the mandate out as it standard. As a Governor and now a favor? Nuclear, coal, hydro, oil, and relates to those particular sellers of Senator, I have always been sensitive gas. That is how we produce about 98 power and generators of power. I think to the real-world effects of policy. I percent of the power in the country that is a good thing. want to tell you about some of the today. Those are out of favor. The peo- The problem is, it creates a great dis- real-world effects of the issue before us ple who get their electricity from those parity and distinction between those today, the issue of renewable fuels. sources will pay a tax to those who are generators on the one hand and the in- I commend the majority leader and willing to pay for and generate the vestor-owned generators and sellers on the Senator from New Mexico for in- power through the renewable fuels or the other hand. Now we have a massive cluding the subject of renewable fuels who buy the credits. There will be a discrimination. The municipals do not in the debate on the comprehensive en- tremendous transfer of wealth in this have to comply but the investor-owned ergy bill. I think it is very important country. If you live in the State of New utilities do have to comply. To their for us to be able to enjoy the com- York and New York has a hard time credit, the power association for the fortable life we all expect and still producing wind power or solar-powered municipals, and many of the individual leave a clean planet to our children and generation, then the retail seller in municipals and political subdivisions our grandchildren. Using renewable New York will have to somehow ac- that are currently exempted, have fuels helps our society to fulfill these quire credits to offset the fact that you taken the position that the underlying goals. cannot generate that kind of power in Bingaman bill is still a bad propo- But when I read the original provi- New York. Who is going to pay the cost sition. It is bad on principle, regardless sions on renewable fuels in S. 517, they of those credits? The retail customers of the fact they do not have to comply give me pause. I understand Senator

VerDate 11-MAY-2000 02:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.072 pfrm02 PsN: S19PT1 S2046 CONGRESSIONAL RECORD — SENATE March 19, 2002 BINGAMAN’s intent in putting a renew- I ask unanimous consent to have A one-size-fits-all national standard is not able standard in this bill. I think that printed in the RECORD numerous letters in the best interests of the economy and en- is good. With all due respect, however, in support of the Kyl amendment. ergy security. States that do not have ade- There being no objection, the letters quate wind resources, or have already in- I believe he is going about it in the vested heavily in renewable energy that will wrong way. were ordered to be printed in the not be counted toward meeting the man- Perhaps it is because of my previous RECORD, as follows: dates, will suffer disproportionately under life, but I trust State governments. I AMERICAN PUBLIC POWER the Jeffords and Bingaman amendments. trust the people who run them, and I ASSOCIATION, Senator Kyl’s amendment will encourage think we need to trust the States to Washington, DC, March 19, 2002. the various states to tailor renewable port- create a renewable standard that meets Hon. JON KYL, folios to meet the needs and wishes of their both their needs and their capabilities. Senate Hart Building, citizens, instead of having the federal gov- ernment dictate which energy sources each We do not need to hand them an expen- Washington, DC. DEAR SENATOR KYL: On behalf of the Amer- state must use to generate electricity. sive Federal standard that they will ican Public Power Association (APPA), an Congressionally mandated renewable port- not be able to meet. association representing the interests of folio increases will have negative con- Fourteen States already have renew- more than 2,000 publicly owned electric util- sequences for manufacturers and consumers, able programs in place, and this ity systems across the country, I would like while doing little to address our nation’s en- amendment would preempt them. It to express support for your amendment re- ergy security goals. As the manufacturing would be saying to them: We are garding renewable portfolio standards (RPS) sector struggles out of its 18-month reces- which is expected to be offered during con- sion, it is vital that the Senate help—not smarter. We know better. hurt—America’s economy. States would be forced to pass renew- sideration of S. 517, the Energy Policy Act of 2002. The nation needs a balanced energy policy able legislation to meet conditions While APPA has consistently supported ef- that will serve as the foundation for eco- mandated by the Federal Government. forts to expand the use of renewable energy, nomic growth. Please support Senator Kyl’s I don’t think that is how it should we nevertheless oppose the use of federal amendment to eliminate the federal renew- work. mandates as a mechanism to achieve that able mandate, which will dramatically im- These blanket conditions do not take goal. APPA has always maintained that de- prove S. 517 and help to further that goal. into account the needs and require- cisions of this type are best made at the Sincerely, ments of each individual State, and local level. MICHAEL E. BAROODY, Your amendment would shift the RPS pro- Executive Vice President. they are different. What works in Geor- gram to Section 111(d) of the Public Utility gia might not work in New Mexico, and Regulatory Policies Act of 1978. This would, MARCH 5, 2002. vice versa. in effect, remove the federal mandate and Hon. JON KYL, My State of Georgia, I am proud to leave decisions related to a RPS to the dis- U.S. Senate, Senate Hart Office Building, say, has been a leader in the produc- cretion of State and local regulatory bodies. Washington, DC. tion of reliable low-cost energy. If the Further, your amendment preserves the abil- DEAR SENATOR KYL: We are writing to ex- underlying amendment is enacted, con- ity of States and local governing bodies to press our deep concern over the economic sumers in Georgia could end up paying create and implement their own renewable impact of the renewable electricity portfolio mandates contained in the Substitute for credits to subsidize renewables in energy programs. This will enable a balanced approach, which takes into account the Amendment (the Energy Policy Act of 2002) other parts of the country. Georgia unique and diverse characteristics of regions to S. 517. This renewable portfolio standard would be forced to pay for a benefit and customer bases, to promoting renewable would require that 10 percent of all elec- that it will never receive, and I do not energy sources. For these reasons APPA sup- tricity generated in 2020 must be generated think that is right. ports your amendment. by renewable facilities built after 2001. The In my State of Georgia, the Governor While APPA continues to have major con- renewable portfolio standard would become has commissioned an energy task force cerns with the current language in Title II— effective next year, and the amount of re- to examine current and future needs Electricity of the bill, I commend you for newable generation required would increase for energy generation in the State. taking a leadership role on this critical every year between 2005 and 2020. While we issue. believe that renewable sources of generation This will include a formal study and Sincerely, should have an important, and growing, role recommendations for how to use re- ALAN H. RICHARDSON, in supplying our electricity needs, the provi- newable fuel sources, and how to best President & CEO. sions contained in the Substitute Amend- take advantage of Georgia’s available ment are not reasonable and cannot be natural resources. NATIONAL ASSOCIATION achieved without causing dramatic elec- The task force will also assess the de- OF MANUFACTURERS, tricity price increases. This in turn would mand for renewable energy to deter- Washington, DC, March 14, 2002. have the unintended consequence of reducing mine if the cost and benefit will be sup- Hon. JON KYL, the competitiveness of American businesses in the global economy and, thereby, reducing ported by electricity users in the U.S. Senate, Senate Hart Office Building, Washington, DC. economic growth and employment. State. These are the people who know DEAR SENATOR KYL: On behalf of the Na- Today, according to the Energy Informa- and understand Georgia’s energy needs tional Association of Manufacturers and the tion Administration, non-hydro renewables and capabilities. These are the people 18 million people who make things in Amer- placed in service over past decades make up who should be in charge of regulating ica, I urge you to oppose federal mandated only about 2.16 percent of the total amount Georgia’s renewables. That is why Sen- renewable portfolio standards, and support of electricity generated in the United States. the amendment to be offered by Senator Jon However, even this modest existing renew- ator KYL and I have introduced this Kyl (R–AZ) to the Energy Policy Act of 2002 able capacity will not count under the Sub- amendment. That is why I urge my fel- (S. 517). The NAM represents 14,000 members stitute Amendment toward satisfying the re- low Senators to support it. Our amend- (including 10,000 small and mid-sized compa- newable portfolio requirement. Generally, ment encourages the use of renewable nies) and 350 associations serving manufac- under that Amendment, renewable facilities fuels, but it lets the States decide how turers and employees in every industrial sec- that can be used to meet the 10 percent min- to do this. tor and all 50 states. imum must be placed in service in 2002 or This Nation can attain the goal of The NAM will consider any votes that may thereafter. Therefore, compliance with the cleaner energy, but we must do it in occur on the renewable portfolio standards Substitute Amendment’s 2.5 percent renew- as possible Key Manufacturing Votes in the able mandate for 2005 would require doubling the right way. We must let the States NAM Voting Record for the 107th Congress. the amount of non-hydro renewables that we decide for themselves the level of re- The NAM strongly urges you to support the now have in just three years—even though it newable fuel that works best for each renewable portfolio amendment that will be took us more than 20 years to get to where of them. offered by Senator Kyl, and oppose the we are today. Mr. MURKOWSKI addressed the amendments to continue the federal man- In addition, because the Substitute Chair. dates (using different levels) that will be of- Amendment requires that 10 percent of all The PRESIDING OFFICER. The Sen- fered by Senator Jeff Bingaman (D–NM) and electricity generation, not capacity, must ator from Alaska. Senator James Jeffords (I–VT). come from renewables, vast numbers of re- Mr. KYL. I would like to say to the Now is not the time to raise electricity newable electricity-generating facilities will rates by mandating construction of renew- have to be built. Wind energy, perhaps the Senator from Alaska, I have a couple able (mostly wind) technologies to generate most promising non-hydro renewable tech- more points I want to make before I electricity—mandates that may not be nology, operates effectively only between 20 conclude as does, I know, Senator achievable and may threaten electricity reli- percent to 40 percent of the time. Solar is BINGAMAN. ability. also intermittent. Therefore, the actual

VerDate 11-MAY-2000 03:03 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.074 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2047 amount of newly installed capacity needed National Lime Association. American Petroleum Institute. to generate enough electricity to meet the National Mining Association. American Portland Cement Alliance. Daschle Amendment’s requirements could National Ocean Industries Association. American Textile Manufacturers Institute. well exceed 20,000 negawatts by 2005. To put North American Association of Food Association of American Railroads. this into context, according to the American Equipment Manufacturers. Edison Electric Institute. Wind energy Association, we currently have Nuclear Energy Institute. Electricity Consumers Resource Council. less than 5,000 megawatts of installed wind Ohio Manufacturers’ Association. National Association of Manufacturers. capacity in the United States. Oklahoma State Chamber of Commerce & National Electrical Manufacturers Asso- Simply imposing an unreasonably large, Industry. ciation. federally mandated requirement to generate Pennsylvania Foundry Association. National Lime Association. electricity from renewables will not guar- Pennsylvania Manufacturers’ Association. Naitonal Mining Association. antee that enough windmills and other re- Texas Association of Business and Cham- Natural Gas Supply Association. newable facilities can be built on schedule; bers of Commerce. U.S. Chamber of Commerce. that the wind (or sun or rain) will cooperate; U.S. Chamber of Commerce. National Restaurant Association. or that the generating costs will be as low as Utah Manufacturers Association. US Oil & Gas Association. Westbranch Manufacturers Association. would be the case from a more diverse, mar- Mr. KYL. Second, if I could, I would ket-dictated portfolio of conventional, as like to make a couple of points in con- well as renewable and alternative fuels. If re- MARCH 19, 2002. tail supplies do not comply with the man- Hon. JON KYL, clusion and then respond to any ques- date, they would face a 3 cent per kilowatt U.S. Senate, Senate Hart Office Building, tions or comments that Senator BINGA- hour civil penalty. Some may suggest that Washington, DC. MAN would like to make, and I also DEAR SENATOR KYL: The undersigned asso- this penalty would operate as a ‘‘cap’’ on the want to hear what our ranking mem- ciations urge you to support the ‘‘renewable inevitable run up of electricty costs under portfolio standards’’ (RPS) amendment ex- ber, Senator MURKOWSKI, wants to say the Amendment. Even if this penalty were pected to be offered today by Senator Kyl because I know he and I were both effective at limiting skyrocketing elec- and Senator Miller to S. 517, the Energy Pol- looking forward to having an oppor- tricity costs—and experience with similar icy Act of 2002. tunity to work on this issue in the En- ‘‘penalties’’ indicates that it will not—the The Kyl/Miller RPS amendment will pre- penalty still would constitute an almost dou- ergy Committee. As I noted, we didn’t serve the ability of each State to decide for bling of current wholesale electricity prices have that opportunity. itself and its own citizens which appropriate for renewable power. Clearly, electricity I appreciate what the Senator from mix of renewable and alternative energy rates will substantially increase if the Sub- Georgia just said. As a former Gov- sources is optimal for their own preferences stitute Amendment becomes law. and needs. In addition, the amendment will ernor of the State, he appreciates, The federal government’s past record in ensure that businesses and homeowners alike probably more than most of us, the re- choosing fuel ‘‘winners and losers’’ is dismal. will have more affordable and reliable elec- sponsibilities of the publicly elected of- The Powerplant and Industrial Fuel Use Act tricity supplies in the future, with renewable of 1978, which prohibited the use of natural ficials and the need to know what energies being an important and appropriate gas in electric powerplants and discouraged works and what does not work in any part of the energy mix. its use in many industrial facilities, was es- given State and what is fair for the The Senate should not adopt a one-size- sentially repealed less than a decade later people within their State. That is real- fits-all national mandate for an arbitrary when its underlying premises were conceded quota for renewable energy use in producing ly the basis for the Kyl-Miller amend- to be wrong. While holding back the use of electricity, such as is currently in section ment: to allow the States to determine natural gas, the federal government spent 265 of S. 517. Sen. Bingaman’s amendment at- what is in their best interest. billions of dollars attempting to commer- tempts to make the mandates in S. 517 more I note that in more than 90 utilities cialize ‘‘synthetic fuels,’’ including oil shale technically feasible, but his amendment still and tar sands, with little to show for its ef- across the country there is already a mandates an aggressive, nationwide renew- forts. green pricing policy, what they call able portfolio standard that will raise costs, While we believe that the federal govern- green pricing, which allows consumers threaten electricity reliability and create in- ment has an important role to play in en- to request and pay for the cost of this equities among not only energy sources, but couraging the development of renewable and also among States and electricity genera- green power. In other words, they can other energy technologies, we are troubled tors. say, I want 50 percent of my power to when that role turns to mandates and mar- Many States do not have access to optimal come from renewable sources, or what- ket set-asides for one particular fuel or tech- wind energy locations or large volumes of in- ever it is, and whatever the cost of that nology. Mandates and set-asides usually expensive biomass. Under Sen. Bingaman’s don’t work, and create unintended con- is, the utility is required to provide amendment, consumers in these States sequences far more severe than the under- that power to them and charge that would have to pay for electricity generated lying problem being addressed. cost to them. That is a customer’s op- in other States that have more access to re- For these reasons, we respectfully request tion. newable energy. In addition, the Bingaman that you support efforts to modify the lan- amendment treats electricity generators dif- That is one of the specific provisions guage in section 265 of the Substitute ferently—large private utilities are covered, in the Kyl-Miller amendment. Obvi- Amendment to S. 517, in order to eliminate but, inexplicably, public electricity genera- ously, this would be preempted, as with or mitigate the harmful economic con- tion is exempt, at least for the present. the other State programs, with the un- sequences of the renewable fuels portfolio Finally, adopting a mandated federal re- mandate. derlying Bingaman amendment. newable quota will establish a framework for Sincerely, I also make the point that I did not additional market interference in the future, Adhesive and Sealant Council, Inc. make earlier, which is that the admin- Alliance for Competitive Electricity. such as by raising the percentage of the port- istration, Secretary Spencer Abraham American Chemistry Council. folio or extending the mandate to other elec- tricity generators or other energy users. specifically, has told me he is sup- American Iron and Steel Institute. portive of the Kyl amendment and not American Lighting Association. Such portfolio mandates fly in the face of American Paper Machinery Association. the goals of reasonable electricity policy—to supportive of the Bingaman proposal. American Portland Cement Alliance. increase competition and efficiency in the Another thing I want to do is make American Textile Manufacturers Institute. electricity market and to lower consumer the point that section 263 of the bill al- Association of American Railroads. costs. lows the Federal Government to pur- Carpet and Rug Institute. We urge you to vote for the Kyl/Miller chase a percentage of its electricity Coalition for Affordable and Reliable En- amendment to eliminate mandated federal from renewable sources—I am quoting ergy. renewable portfolio standards and replace Colorado Association of Commerce and In- them with a provision that encourages the now—‘‘but only to the extent economi- dustry. States and their citizens to determine their cally feasible and technically prac- Edison Electric Institute. own goals for renewable energy sources. ticable,’’ and the minimum required Electricity Consumers Resource Council. Please support the Kyl/Miller amendment to purchase is 7.5 percent, while section Independent Petroleum Association of forge a sound energy policy that will pro- 265 imposes a 10-percent mandate on America. mote economic growth and prosperity for all private utilities, and it does not in- Industrial Energy Consumers of America. Americans. clude the ‘‘economically feasible and International Association of Drilling Con- Sincerely, tractors. The Adhesive and Sealant Council, Inc. technologically practicable’’ waiver. Interstate Natural Gas Association of American Chemistry Council. So again, there is another double America. American Iron and Steel Institute. standard here. The Federal Govern- National Association of Manufacturers. American Paper Machinery Association. ment is not required to do as much as

VerDate 11-MAY-2000 03:03 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.019 pfrm02 PsN: S19PT1 S2048 CONGRESSIONAL RECORD — SENATE March 19, 2002 the private utilities are required to do necticut and Rhode Island on the other and then a retail supplier from the and has a special waiver that it can ex- hand, you get a little bit of an idea of United States could use that as a re- ercise. If this is such a great idea, why some of the tradeoffs involved. I do quired percentage to be achieved under wouldn’t we apply it to the Federal think there has been adequate consid- the legislation. Government just as much as we would eration of the kind of tradeoffs that One of the concerns—I guess another to the private sector? I do not really would be required to produce the mas- question I would have—is whether have an answer to that. sive amounts of energy that are called there is actually a reverse incentive I make a point, too, that with respect for under this legislation as a sub- not to produce power with renewables. to the cost-benefit analysis, one of the stitute for other ways of producing I know that is the intention of the concerns I have had is that the ability power. sponsors of the amendment. But I of States to provide power through re- As I understand it, the way the think it could quite work in exactly newables is not without tradeoff. I will Bingaman amendment works is that the opposite direction. Because of the show you a couple charts that illus- each public power, or, that is to say, tradeable credits that are being created trate this point. investor-owned utility supplier, would under this legislation, you would actu- In the case of the Southwest, where be annually required to report to the ally have an interest in withholding we have a lot of sunshine, maybe this Secretary of Energy several facts: One, those credits from the market and even is the ‘‘Saudi Arabia for solar power,’’ how much their electric retail load is; preventing the siting of any new gen- but it is at significant cost. This chart what percentage of that was produced eration. illustrates the fact that you are going by renewable fuels; how they acquired Here is the concern I have for those to have to have an enormous quantity that renewable fuel—was it by produc- of us who are in the West where there of desert covered with these reflective tion purchased through a wholesaler or is some potential for some new genera- mirrors, about 2,000 acres of solar pan- renewable credit, or in whatever form tion. In my State of Arizona, in the els, it is estimated, to produce the en- it was—and then there would be an State of Nevada, in the State of New ergy equivalent to 4,464 barrels of oil audit done. In the first year, it would Mexico, and others, a very large per- per day. Two thousand acres of ANWR be 1 percent required, the year 2005; centage of the land is owned by the would produce a million barrels of oil a and it would escalate to 10 percent by U.S. Government. In the State of Ari- day. So for the equivalent 2,000 acres: the year 2019. zona, only 12 percent or 13 percent of In one case, you get a million barrels of You would exclude the eligible re- the land is privately owned. Another 12 oil, and in the other case you get the newables, municipal waste, and hydro or 13 percent is owned by the State. equivalent of 4,400 barrels of oil. from that, and the credits would have The rest is held in trust by the U.S. It would take 448,000 acres, or two- to be from sources other than existing Government. In Nevada, it is approxi- thirds of the entire State of Rhode Is- hydro. The only way you could get ad- mately 90 percent. land, of solar panels to produce as ditional hydro, or any hydro credit, You would have to have a lot of per- much energy as the 2,000 acres of would be if you did something such as mits to cross Nevada Federal lands for ANWR that are available for energy rewinding the generators or, in some either the generation or the trans- production here. other way, added to the efficiency of a mission. Every action is a Federal ac- I do not know exactly how many particular unit. tion. They have to have an environ- square miles, but one of the assess- As I said earlier, you could acquire, mental impact statement. And the op- ments was it would take 2,000 square at a 200-percent market cost, a credit portunities to prevent the establish- miles to produce the same amount of from the Department of Energy as ment of energy generation and trans- energy that would be produced by a nu- well, even though energy would not be mission throughout the Western clear generating facility. If that is producing any new power. What would United States are substantial. true, you would have a corridor 5 or 10 the cost of this be? I suspect there would be an incentive miles wide on either side of the high- According to the Energy Information on the part of those who have a monop- way all the way from Tucson to Phoe- Administration of the Department of oly on the generation of this power nix with these reflective mirrors. I Energy, you are looking at a cost, right now to maintain that monopoly have not done the environmental anal- starting in the year 2005, of about $2 by finding ways to throw roadblocks in ysis of that. I know it would not be billion, escalating, by the year 2020, to the way of the production of this very attractive. I do not know what the a cost of about just a little bit under power, especially those States, as I other costs to the environment would $12 billion per year. And most of that said, where there is substantial Federal be. But that is the problem. We have would be from production. There would land-ownership such as my State of Ar- had no environmental analysis. be a small amount through penalty izona. Both because there would be an The same problem exists with respect payments because of the assumption incentive to withhold the credits from to wind generation. Wind generation, not a whole 100 percent of the produc- the market in order to enhance their we understand, has certain environ- tion could actually be achieved at that value and because there would be the mental consequences. It is not very point. Every year thereafter, for the natural tendency to use the Govern- friendly to birds, although with more next 10 years, you would be paying $12 ment yet again to advance economic and more of the Federal subsidy, they billion a year. So you are talking about purposes by withholding approval of have been working on ways to design $88 billion of gross cost, in addition to competitive generation, I suspect there the propellers so they turn more slowly $12 billion each year thereafter until could be actually a diminution in re- and therefore give the birds a little bit the year 2030. That is a lot of money newable generated power than an en- better chance. that would have to be paid by the re- hancement of that power. But 2,000 acres of wind generators tail customers of the utilities. I am especially sensitive to the con- produce the energy equivalent to only Just a couple questions, and then I cerns of those from California who 1,815 barrels of oil each day; again, will give Senator BINGAMAN a chance charge that there was a deliberate at- compared to a million barrels of oil to respond and perhaps answer some of tempt to withhold energy from the that would be produced out of the same these questions. California market which jacked up the number of acres in ANWR. It would I made the point before that it does prices there. And we all know that take 3.7 million acres of wind genera- not appear to me the generation of the California consumers suffered as a re- tors, or all of the States of Connecticut renewables is required to be within the sult of much higher prices just 1 year and Rhode Island combined, to produce State in which the electricity is sold. ago. as much energy as just 2,000 acres of So, presumably, you would have a cred- These are some of the concerns and ANWR. it trading system throughout the questions I have. I am anxious to un- Now the 2,000 acres, we have said be- United States. And I do not even see a derstand how the amendment is in- fore, is roughly the equivalent of Dul- limitation to power produced in the tended to work and how it could be les International Airport. So you can United States. As a matter of fact, as I made to work in such a way that it get an idea, if you take Dulles Airport understand it, as drafted, incremental would not be as costly as I indicated; on the one hand and the States of Con- hydro from B.C. Hydro would count, how it would not be discriminatory;

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.077 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2049 how it would not preempt the States tions that could have been answered, you get any credit from hydro would be that already have programs such as had we done this in committee, that if you went back in and made the gen- this, that I indicated; how it wouldn’t obviously have not been answered. erator more efficient. Then all you impact the environment in a negative I ask my colleagues to support the would get is that incremental improve- way; how it would not result in the Kyl amendment. Let’s lay this Binga- ment in output in terms of renewable trading of credits to the detriment of man amendment aside, see how things credit. the retail purchasers in States that work for a while before we try to regu- As I understand it, the Three Gorges would have to buy those credits; and, late the market with a brandnew, very dam is essentially constructed, but the in fact, how it would work in States costly and discriminatory Federal generation equipment has not yet been such as Maine where you already have mandate. embedded in it. Therefore, if that is the a very high percentage of renewable en- Mr. MURKOWSKI. Mr. President, I situation when the bill becomes effec- ergy required, 30 times the amount wonder if the Senator will yield for a tive, that would qualify as incremental that is required in my own State of Ar- question. electrical generation above and beyond izona. Yet there would not be any cred- Mr. KYL. I am happy to yield. what the dam produced on the effective it for the sale of that to other States, Mr. MURKOWSKI. I didn’t hear all date of the act. notwithstanding their high production the debate. Do I understand that there Mr. MURKOWSKI. That is something from renewable energy. is nothing in the Bingaman-Daschle I think we should bring out in the de- To cite an analogy, one of my staff bill that would prohibit a scenario that bate, and perhaps we can get enlighten- members said he didn’t quite under- would suggest that maybe the Three ment. Clearly, I am sure that is not stand why this was such a great idea. I Gorges dam, which is in the process of what it was designed to do. The obvi- tried to explain it to him. He said: I being completed and would classify ous objective was to try to encourage still don’t understand. Grapefruit is perhaps as an incremental renewable, renewables being built and not to ac- really good for you, but I don’t quite could theoretically sell credits to U.S. quire credits that might be relatively understand. Should the Federal Gov- firms that would need credit in order inexpensive. ernment then pass a law that mandates to comply with a 10-percent mandate I thank the Senator. 10 percent of all the fruit sold in the by the year 2020; so this is not limited The PRESIDING OFFICER. The Sen- country be grapefruit? to just encouraging U.S. construction ator from North Dakota. He said: That might help my State of and development of new renewables Mr. DORGAN. Mr. President, I will Arizona because we grow a lot of grape- that would give them credit? be very brief. I rise to make a couple of fruit. I guess we could set up a trading Mr. KYL. Mr. President, I asked the comments in response to the presen- deal where people in New York would question of the staff people, who have tation by the Senator from Arizona. He have to buy a credit since they read and reread and reread the under- has clearly thought through this and couldn’t actually produce grapefruit. lying bill and the Bingaman amend- done a fair amount of homework. He Since it is so good for you, if I am in a ment, if there was any limitation on brought some charts with him and gave preferred position politically, I might from where the credits came. And they some examples of why he thinks this is have the clout to pass a law that says told me they could find none. There is bad legislation. that 10 percent of the fruit has to be no State limitation, no border between I think he makes a terrible mistake grapefruit. That might be a good idea. the United States and Canada, or other by suggesting that this is not national I really don’t think that it is any border, so that indeed you could end up in scope. The implication of the pro- business of the Federal Government to with a worldwide credit system, not posal by the Senator from Arizona is to impose that on the American people. just one as among the different States say: If it is to be done, let’s let the Let the free market work. Let’s get of the United States. States do it. This is not something back to deregulation. That is what this Mr. MURKOWSKI. And a follow-up to that ought to be a matter of national whole electric section of the energy that: As an example, I have been over policy. bill was supposed to be about in the to the Yangtze River. I have seen the Let me make a couple of comments first instance: To deregulate, to reduce construction of the Three Gorges dam. about that. We would have had the cost; not to reregulate and increase It is truly one of the largest construc- same kind of discussion over 20 years costs; to provide more local control of tion projects in the history of the ago when we first discussed the Clean the situation, not more Federal con- world, much like the projects that oc- Air Act in Congress. People said: Let’s trol. curred on the Columbia River in the leave it to the States. This isn’t some- This underlying Bingaman amend- 1930s where we attempted to reduce thing we ought to do nationally. This ment goes exactly in the wrong direc- flooding and combat the tremendous is not a national responsibility or a na- tion, which is why Senator MILLER and source of energy. tional goal. Let the States do it. I have proposed an amendment to re- But my question is, With the poten- We didn’t do that. We said: As a mat- quire the States to look at this but not tial credits available to them because ter of national purpose, this country require them to impose any particular of the size of that project, wouldn’t it deserves clean air. We passed clean air percentage mandate. Let’s let each be attractive to acquire these credits standards. Why? Because the Congress State decide what is best for their local at a relatively inexpensive price rather demanded it and said: This is a matter retail electrical customers. If after a than putting in renewables that would of national purpose and a matter of de- period of years that we carry these sig- be mandated by the amendment? veloping national standards, and na- nificant tax credits, where we are pro- Mr. KYL. I say to the Senator, I tional aspirations for our country. moting renewables, we still haven’t think he is on to something here. That On the issue of energy, the question gotten to the point where people think is really a third reason why there is: Are we going to write a national en- we need to be, we can take another would be a disincentive to produce new ergy bill and have an energy policy look at this. renewables here in the United States. that turns the corner and moves us in My guess is we are going to continue The Senator is quite right. There a different direction in certain areas— to march on to produce as much of this would be an incentive to acquire those Yes or no? It is not a question of can energy as we can in an economic and credits from abroad because you could we do it. We can. The question pro- feasible way, and the percentage is undoubtedly do it much cheaper be- posed by the Senator from Arizona is, going to increase over time. And we cause there would be so much Should we do it? He says no. can at that time determine whether we hydroenergy produced out of this dam. Now, can we do it? Let me show you want to replace some of the existing Of course, Senator BINGAMAN can an- this chart. This is from the U.S. De- generation with this kind of new gen- swer this question, but under his partment of Energy’s National Renew- eration. amendment, if we were—obviously, we able Energy Laboratory. This chart Now is not the time to be imposing will not be able to do this—able to shows the biomass resources in this this kind of requirement on the coun- build a dam here in the United States, country. The dark shades of green rep- try with its additional costs, with its you would not be able to get any re- resent the potential kilowatts per discrimination, and with so many ques- newable credit from that. The only way county in America. Solar, geothermal,

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.079 pfrm02 PsN: S19PT1 S2050 CONGRESSIONAL RECORD — SENATE March 19, 2002 and wind resources: all of these rep- to a 70-percent reliance on foreign oil. northern areas along the Canadian bor- resent real potential to extend Amer- Some might think that is fine because der, and other areas, have a predomi- ica’s energy supply with renewable en- the cheapest oil in the world comes nance of wind. Of course, the green is ergy. from the Persian Gulf. But it is not the biomass. Now, it is perfectly reasonable for fine. We all understand that. It puts If we address the combination of cir- someone to say, I don’t think we ought our economy in jeopardy. It imposes on cumstances on how we resolve our en- to do it. I don’t think it is a matter of our national security in a very signifi- ergy crisis and address renewables, national policy. It is a perfectly rea- cant way. there seems to be a tradeoff, because I sonable position—wrong, but reason- So the question is not, Do we under- am sure the Senator from North Da- able. stand these things? The question is, kota would agree that the biomass con- If we are going to address energy pol- Are we as a Congress going to do some- cepts suggest burning carbon, and we icy in the Senate, then we have to thing about it? Are we really going to can address that through technology. begin describing a new policy, and we decide there are certain national en- Nuclear, of course, would not show any have to begin describing it as a sense of ergy goals and aspirations that we significant emissions. national purpose. have as a country? The problem I have is that portions I recall a story about Mark Twain Let me end as I began. We have had of this bill do not really get us there being asked to debate. He said he would this debate before. We had this debate from here. For example, in this bill, we be happy to debate as long as he could on clean air and clean water standards are prohibited from using any timber be on the negative side. They said: You over two decades ago. We had people products from public land sales, with don’t even know the subject yet. He who didn’t want those standards. the exception of preconditioned said: The negative side requires no ‘‘Don’t you dare impose these burdens thinning. So I can refer to the language preparation. on State and local governments,’’ they specifically. It says: The affirmative proposal that is of- said. Good for those policymakers. With respect to material removed from na- fered by Senator BINGAMAN is to de- Good for them for having the courage tional forest systems land, the term biomass velop a renewable portfolio standard. to say, let’s do this as a country, let’s means fuel and biomass accumulated from That is an affirmative proposal. Why? make progress in addressing this na- preconditioned, thinning slash and brush. Because it will advance the interests of tional issue. So I take that to mean there would this country, extend America’s energy That is exactly what the Bingaman be a very narrow use of any of the supply, reduce our reliance on foreign renewable portfolio proposal in this en- products from public lands. In my energy, and improve America’s secu- ergy bill is designed to accomplish. It State, we are all public lands, so we rity. says, let’s address this issue, let’s as- could not develop biomass because we What are the consequences of doing pire to higher goals, let’s understand can’t use the slash, the bark, any of the nothing? My colleague mentions the that energy comes not just in a pipe or remains for biomass. I think that is an free market. The free market has al- by digging it out of the ground. It effort in this legislation. I ask if my lowed us to import 57 percent of our oil comes from the sun, wind, biomass, and colleague agrees with me or not, where supply from overseas, largely from geothermal resources. There isn’t any clearly we have an oversight, because Saudi Arabia. Is that the free market reason that this country ought not as- that doesn’t allow some States that that helps this country? I don’t think pire to do more in these areas. That is really have no private or State timber so. I think it makes our country and what this standard is about. to utilize the waste for biomass produc- our economy more dependent on an oil As I said, it is easy to take the oppos- tion. Is that not kind of an inconsist- supply that comes from one of the ing side. It is more difficult to assume ency? most unsettled areas in the world. the responsibility to be on the affirma- Mr. DORGAN. My colleague from What if, God forbid, tomorrow morn- tive side. But the affirmative side here New Mexico will speak next and will ing a terrorist should shut off that sup- is saying, let’s do this as a country. describe some of the policies with re- ply of oil from Saudi Arabia and Ku- That is the right side. spect to public lands. wait to the United States? Our econ- I hope when the Senate finishes this I say this to the Senator from Alas- omy would be flat on its back. If we debate, it will say, yes, this is the right ka. If you take a look at this chart— wake up tomorrow morning at 6:30 and thing to do—not State by State, but as the import of this chart—it shows a turn on the morning news and discover a nation. This is what we aspire to do fairly balanced representation across that, God forbid, somebody has inter- as a nation, to extend our energy sup- the country, to be able to achieve lim- rupted this flow of energy from the ply, to make us less dependent upon itless, renewable sources of energy that Middle East, our country’s economy is Middle East oil, and to use limitless we don’t really aspire to harness these going to be flat on its back. We all and renewable sources of energy to days. We are trying to see if we can know that this puts America’s econ- help strengthen our country. pull the country along with a national omy in jeopardy. That is why, as we de- I yield the floor. standard to actually harness energy velop a new energy policy, it is incum- Mr. MURKOWSKI. I wonder if my from these renewable resources. bent upon us to look at these new ap- good friend will yield for a question. I understand there are some concerns proaches. Mr. DORGAN. I am happy to yield for about certain areas of the portfolio The renewable portfolio standard can a question. standard, and we can have some discus- be controversial, yes, I understand Mr. MURKOWSKI. I appreciate that. sion about those concerns. But I do be- that. Every new idea is controversial. We have had a long relationship on en- lieve that the principle here to aspire But it is essential to pull this new pol- ergy matters. I look with interest at to have the country using more renew- icy along and to say that it is good for the chart the Senator has displayed. able energy. our country, good for our economy, and The one thing that strikes me is the The Senator from Arizona, I think, good for American security. That is areas. Obviously, the areas that can toward the end of his presentation, de- our requirement in the Senate. generate solar relatively efficiently is scribed his real objection. It is not with Now, my colleague from Arizona said the South and Southwest, as indicated some problems over resources on public that the State of North Dakota doesn’t by my colleague, with the red con- lands. have a renewable portfolio standard. centrated area, including Arizona and His problem is he believes that we That is true. It should. I am not in the New Mexico. To some extent, that ought not to mandate anything and State legislature. If I were, I would leaves the rest of the country without that the free market ought to help in- propose it. But North Dakota doesn’t the same potential advantage. crease our use of renewables. That is have an RPS. That is precisely why we I find it rather curious, in looking the underlying objection. need a national policy. Some might across from the solar down to geo- I do not know whether the import of have an RPS at the State level; some thermal, most of that is on the west the question of the Senator from Alas- states might not. Some might care coast, in California. There is not much ka is—— about it; some might not. Some might on the east coast. The wind, on the far Mr. MURKOWSKI. In my State of think it would be fine to go from a 57- right of the chart, suggests that the Alaska, for example, I am precluded by

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.084 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2051 this language, and I am going to have rity by reducing our reliance on foreign Mr. MURKOWSKI. I wonder if the to go out—— oil. Senator can explain to me how any of Mr. DORGAN. Let me finish my Does anybody in the Senate want to the examples he has given on that thought. I have the floor, Mr. Presi- stand at their desk in the Senate and chart will significantly reduce our im- dent. say: We really think it is good for the ports of oil from foreign nations? He is Mr. MURKOWSKI. I am going to country, we really believe it strength- talking about the generation of elec- have to go out and buy credits which is ens America’s national security to tricity from these sources, but we do not—— have 57 percent of our oil coming from not move out of Washington, DC, on The PRESIDING OFFICER. The Sen- the Middle East or from foreign hot air. It takes oil. There is no oil as- ator from North Dakota has the floor. sources? Is anyone missing what is sociated with those particular exam- Mr. DORGAN. My point was this: If happening in the Middle East these ples. the Senator from Alaska is saying he days? Does anybody believe it does not We have to be careful in our defini- has some concerns about timber, but injure our national security to be so tion of energy. There are many kinds he believes there ought to be a renew- dependent on that source of oil? of energy. The Senator is absolutely able portfolio standard, that is one If you believe—and I think almost ev- right, those are important alter- thing. My point is the author at the eryone in this Chamber does believe—it natives. But to suggest somehow this is end of his presentation said: I do not actually hurts our national security to directly related to reducing our de- think we ought to impose a mandate be that dependent, then we ought to pendence on imported oil, I think the on the States. This should be left to strive as a nation to find ways to Senator would agree with me there is the States, No. 1, so it is not a national change that. I am not talking about very little coalition there because we policy to embrace. Second, let’s let the Arizona, Alaska, North Dakota, or New are talking about two different things. free market handle this. Jersey by themselves. The Nation Mr. BINGAMAN. Will the Senator My response to that is, the free mar- ought to strive to back away from that yield for another question? ket has gotten us to the point where dependency. Mr. DORGAN. Let me say, I do not over 50 percent of our oil is imported, If my colleagues believe that, the agree with him, but I will be happy to mostly from Saudi Arabia. If you think question is, What is the menu of yield for a question. it strengthens national security, good changes that allows us to reduce our Mr. BINGAMAN. Will the Senator for you. I am not saying you believe dependence on foreign oil? from North Dakota acknowledge one that. No one believes we are in the po- One answer is the Bingaman proposal reason why we are interchanging these sition of increasing our national secu- in the energy bill that aspires to have various issues of wind power, solar rity by increasing the amount of oil a renewable portfolio standard of 10 power, and oil is because the Senator that comes from the most unstable percent; 10 percent coming from renew- from Alaska has been using charts for part of the world. able, limitless sources of energy. the last 2 weeks that try to equate the That is the point and the reason we Mr. REID. Mr. President, will the two and try to make the point that we need a renewable portfolio standard. Senator yield for a question? have to keep drilling more and more of Mr. MURKOWSKI. I assume the Sen- Mr. DORGAN. I would be happy to Alaska in order to avoid using wind ator from North Dakota is aware that yield. power? some of the predominant wind areas Mr. REID. The Senator is aware, I am Mr. DORGAN. Not just the Senator are in my State of Alaska in the high sure, that out of all the petroleum re- from Alaska, but the Senator from Ari- Arctic. I suggest there is little enthu- serves in the world, the United States zona, in the points he made toward the siasm for putting up windmills associ- has 3 percent, and the rest of the world end of his presentation, specifically ated with the Arctic National Wildlife has 97 percent. Is the Senator aware of talked about the size of the devices to Refuge where there is lots of wind. We that? gather solar energy that would be re- have inconsistencies in this. We ex- Mr. DORGAN. Yes. quired to offset X amount of oil. I be- pended $7 billion in renewables, and Mr. REID. Is it pretty fair to state it lieve it was 2,000 acres, something the now we are talking about a mandate is very difficult for us to produce our size of Dulles Airport. that is going to cost the consumers of way out of the problem we have with He said: Here is the amount of wind this country a considerable amount of petroleum products? energy; here are the number of wind money. The problem I have with the Mr. DORGAN. I say to my colleague turbines it would take to offset a cer- bill is we have not had this kind of con- from Nevada, that is the case. We can- tain amount of oil. versation, as the Senator knows, in the not produce our way out of this prob- The point is, when we talk about a committee process. We are doing this lem. We certainly can produce. We had renewable source of energy, we are on the floor, and that is difficult. a vote in the Senate about production talking about electricity. That is the The problem I have with this par- in the Gulf of Mexico. I supported that. case. How do you generate electricity? ticular application of the chart is the I also support incentives to increase You generate it through electric gener- inequity associated with what is good production of oil and natural gas. ating plants. We can put coal in them, for the Southwest does not necessarily Yes, I do think we have to increase use natural gas—there are a number of address what is good for the east coast production and do it in an environ- ways to generate electricity. or the South. mentally sensitive way. We have to do Our colleague, for example, from The PRESIDING OFFICER. Senators a lot of other things and do them well Utah, now drives this hybrid car I saw are advised that the Senator from as a matter of national policy. That is parked in front of the Capitol yester- North Dakota has the floor. the point of having an energy policy day. His car uses less petroleum, be- Mr. DORGAN. Mr. President, let me debate on the floor of the Senate. cause it runs, in part, on battery-pow- make a final point that I think is im- If, in fact, the result of an energy ered electricity. portant. The mandate here is going to policy debate is to say let the States do Renewable and limitless sources of strengthen this country’s national se- whatever they want to do, that is a energy will help us reduce our supply curity and energy security. We can de- kind of yesterday-forever strategy. of imported oil. I am not suggesting, cide to do nothing. We can decide, as Members of the Senate will, 25 years and I would not suggest, that doing all my colleague from Arizona has, that from now, be having the same debate. we can on renewables takes us far down we ought to essentially ignore this and The suits will have changed, the names the road in relieving us from the sub- let State-by-State judgments be made. will have changed, and the people occu- stantial amount of oil we now receive We can decide that whatever the free pying the desks in the Senate will have from abroad. I am not suggesting that market determines is our future. But changed, but nothing else will have at all. that, in my judgment, does not resolve changed. I do believe, especially in the area of the need for a national energy policy Mr. MURKOWSKI. Will the Senator production of electricity, we have op- that stretches this country and moves yield for another question? portunities to do things in a different it in a different direction—one that I Mr. DORGAN. I will be happy to way. The question in the Senate is, Do believe will strengthen national secu- yield. you want to do that or don’t you?

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.086 pfrm02 PsN: S19PT1 S2052 CONGRESSIONAL RECORD — SENATE March 19, 2002 Some say, no. The same attitude pre- ator Burdick told me the wind blew moving forward to ensure we do not be- vailed, as I mentioned, on the clean air there all the time, he was really right. come subject to that kind of control by and clean water debates about 20 years I have said in this Chamber, if one the Middle East. ago with respect to this energy debate. looks at geothermal resources, the So I oppose very strongly the prac- My hope is that at the end of the day Saudi Arabia of geothermal is Nevada. tical effect of Senator KYL’s amend- on the Kyl amendment we will vote no So I would hope Nevada—we have a lot ment. The practical effect will be to re- and say we really do want to be in- of wind. We do not nearly match what move all renewable energy production volved in a different way with respect happens in North Dakota, but it is not from this bill. It would strike the mod- to production of electricity. bad. I hope when we complete this leg- est 10 percent provision in the under- Mr. REID. Will the Senator yield for islation there are some goals set lying Daschle bill and leave us with ef- a question? whereby the potential of Nevada with fectively nothing. It would strike the Mr. DORGAN. I will be happy to geothermal and the potential of North 10 percent renewable energy standard, yield. Dakota with wind can be realized. even though most recent studies by the Mr. REID. Just a few miles out of Las Is that what the Senator is saying, Department of Energy estimate that a Vegas—I explained this to the Senator, simply that we should set some marks 10 percent national renewable energy and I want to see if he remembers and guidelines and try to reach them? standard would cause consumer energy this—we are going to build a wind site Mr. DORGAN. That is exactly the prices to decline by almost $3 billion by at the Nevada Test Site. We have per- case. We have the potential to do the year 2020. It is hard to understand mission from DOE to do that. Within things in a different way, and we ought why we would not want to encourage 21⁄2 years, that will be producing 260 to use that potential. Now we can de- clean energy, energy which causes our megawatts of electricity, enough to cide to ignore it, as my colleague from consumer costs to go down. satisfy the needs of 260,000 people in Arizona would have us do, or we can The amendment before us, however, Las Vegas. decide to embrace it, believing it will says no to clean energy, no to reducing Will the Senator agree that is a pret- strengthen this country and move us carbon dioxide, no to reducing smog ty good step in the direction for wind toward greater energy security. and acid rain, and no to assisting our energy? I believe it makes sense to take the American companies to expand domes- Mr. DORGAN. A leading question, natural, renewable resources that exist tically and to compete in the thriving but of course I agree. Take a quarter of and produce energy from them. I do not international market. an acre of land, put on it a 1-megawatt, want the Senator from Nevada to leave I cannot support this amendment. It new, very efficient wind turbine, and this Chamber somehow describing to simply is not an option for me to go produce electricity that is used to others that North Dakota has bad home to my State of Vermont and tell power 1,000 homes. Pretty good deal? I weather. That certainly should not be them I have done nothing to try to think so. With 160 acres of land, espe- a conclusion that is left. North Dakota slow the flow of emissions from fossil cially with the new turbines, you can is a wonderful State. It has perhaps fuel powerplants into Vermont’s air produce electricity for nearly 160,000 more sunshine than the State of Ne- and water. Remember, this is an air homes in this country. vada. We have a little bit of a breeze, pollution problem as well. My point is, this is the right thing to and it is fairly constant. That is why it As chairman of the Environment and do. Let’s do it as a matter of national ranks well in wind energy. It is a great Public Works Committee, it is not an policy. Let’s establish a national re- State, with a great temperature, and a option for me to ignore the fact that newable portfolio standard. great climate, and the Senator from electricity production is the leading Let me finally say, as I conclude, I Nevada should visit it more often. source of carbon dioxide emissions in understand it is controversial. I under- The point is, we also have the oppor- this country, accounting for over 40 stand why some people do not want to tunity to, from that general breeze I percent of that total. I cannot be blind do it. In fact, there are some people have described, capture the energy and to the fact that the powerplants con- who have never wanted to do anything use it to extend America’s energy sup- tribute significantly to emissions of for the first time. I understand that, ply, just as is done with geothermal in sulfur dioxide, nitrogen oxide, and mer- too. But if we are talking about na- the Southwest, biomass in the East, cury. These pollutants greatly increase tional energy policy, and we end the and solar resources in much of the asthma, lung cancer, and other health day in the Senate having done nothing country, especially the Southwest. risks, and contaminate our air and our that is new, then we have only post- I yield the floor. water. We must enhance production of poned for another 25 years a debate The PRESIDING OFFICER. The Sen- clean, domestically produced, renew- that is identical to the one we are hav- ator from New Mexico. able energy in this country, and we ing today, and we will find ourselves in Mr. BINGAMAN. Mr. President, I can. exactly the same situation. Let’s hope think the expectation was I would The amendment offered by my col- between now and then we do not en- speak at this point in response. I know league from Arizona would reject all counter some dramatic circumstance Senator JEFFORDS from Vermont has Federal renewable energy standards that really shuts off the supply of en- been waiting to speak, and I will allow and instead require utilities to offer ergy that is critical to our country. him to go ahead at this point. Then consumers energy from renewable re- Mr. REID. Will the Senator yield for Senator VOINOVICH will follow Senator sources. It would also allow States to one last question? JEFFORDS, and then I will respond after continue to establish State standards Mr. DORGAN. Yes. Senator VOINOVICH. for renewable energy. Mr. REID. The Senator’s predecessor, The PRESIDING OFFICER. The Sen- States already are establishing State Quentin Burdick, I remember once ator from Vermont. renewable energy standards, and utili- when he came back from North Dakota Mr. JEFFORDS. Mr. President, I lis- ties are already offering consumers in February. I read in the papers and ten to this debate and at times it gets green energy. Federal legislation along saw on the news there was a terrible discouraging because I was around 27 that line is already happening. It is not storm in North Dakota. I said to him: years ago when the cars were lined up necessary. Even if such legislation That must have been a bad weekend, trying to get gasoline and the people of were needed, it would not be enough. Senator Burdick. this country were absolutely ballistic We would still have a national renew- He said: Bad weekend? It was a good about the fact that we were hostage to able energy shortage. We would have weekend. I love that weather. The wind the oil suppliers in the Middle East. no standard. blows there all the time, and we like We did some authorization in the A nationwide standard would address the wind. hopes we would build an energy supply the reality that electricity is generated I say that to remind the Senator and this Nation would make it so that on a regional basis. Many State stand- from North Dakota, as he said earlier those kinds of situations would never ards require that renewable energy today, the Saudi Arabia of wind is occur again. Here we are, with the rec- credits come from energy generated North Dakota. I can see that from the ognition of the volatility in the Middle from within State boundaries. A na- map. I never realized, even though Sen- East, again ignoring the possibility of tional renewable standard would enable

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.088 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2053 utilities to meet requirements by pur- actions is to advance America’s energy secu- ADM Thomas H. Moorer, former Chair- chasing and selling renewable energy rity. The Congress will soon act on that man of the Joint Chiefs of Staff, and outside of the State boundaries. A na- issue. Robert C. McFarlane, former National tional renewable standard would there- It is not enough just to ensure Security Adviser to President Reagan, uninterruptible supplies of transportation fore guarantee broad, long-term, and fuels and electricity. We must also act to ad- sent a letter urging in the strongest cross-regional renewable power genera- vance the security of those supplies, and the possible terms that we must take im- tion. nation’s ability to meet its needs in all cor- mediate action to address our energy To date, only 12 States have estab- ners of the country at all times. Our refin- security. lished State renewable energy man- eries, pipelines and electrical grid are highly One portion of the letter reads: dates, although others are actively vulnerable to conventional military, nuclear Americans are aware of the enormous and considering them. A national standard and terrorist attacks. complicated task ahead in dealing with the would increase renewable energy pro- Disbursed, renewable and domestic sup- consequences of the unprecedented Sep- plies of fuels and electricity, such as energy tember 11 attack against our na- duction, thereby expanding environ- produced naturally from wind, solar, geo- mental and health benefits and facili- tion....There are actions that can and thermal, incremental hydro, and agricul- must be taken now. One of these critical tating greater market entry of renew- tural biomass, address those challenges. For- issues is to advance America’s energy secu- ables into the energy sector. tunately, technologies to deliver these sup- rity....We urge the Energy and Natural As is indicated by this chart, public plies have been advancing steadily since the Resources Committee to immediately adopt opinion polls constantly show that an Middle East fired its first warning shot over the renewable portfolio standard. our bow in 1973. They are now ready to be overwhelming majority of voters na- Mr. President, I urge my colleagues tionwide favor requiring power compa- bought, full force, into service. But, while the U.S. Government has com- to join with me in heeding this advice nies to generate electricity from alter- mitted intellectual and monetary resources from the great leaders of our Nation native energy sources. A 2002 survey to developing these technologies, the status who know best why we should do this. conducted by the Mellman Group found quo marketplace is unwilling to accommo- I strongly disagree with the amend- that 70 percent of those surveyed favor date these new supplies of disbursed and re- ment offered by Senator KYL. requiring power companies to generate newable fuels and electricity. Speedy action I yield the floor. 20 percent—that was my amendment by the Administration and the Congress is The PRESIDING OFFICER. The Sen- awhile back, which received a pretty critical to establish the regulatory and tax ator from Ohio. good vote—from renewable sources, conditions for these renewable resources to Mr. VOINOVICH. I rise today in sup- rapidly reach their potential. even if it would raise their monthly Fortunately, such actions are under con- port of the amendment offered by my electricity bills by $2 or more. sideration by the Energy, Environment, and colleague, Senator KYL. I ask unani- Polls conducted by Texas utilities Finance Committees. We urge the Energy mous consent I be made a cosponsor of show consumers are willing to pay as Committee to immediately adopt the Renew- this amendment. much as $5 per month to receive energy able Portfolio Standard (for electricity) as The PRESIDING OFFICER (Mr. from renewable sources. This is almost well as provisions to ensure ready inter- CORZINE). Without objection, it is so or- five times as much as the Department connection access to the electric grid, and dered. of Energy has found that the national cost-shared funds to the state public benefit Mr. VOINOVICH. Mr. President, I ap- renewable energy standard of 20 per- funds to continue essential support for plaud the efforts of my colleagues on emerging technologies and the provision of cent would cost consumers. electricity to the truly needy. We urge the the other side of the aisle to encourage Without a strong provision to expand Environment Committee to immediately the use of renewable electricity genera- the use of renewable fuels, I have to adopt the Renewable Fuels Standards in con- tion. I agree that renewable energy is question why we are here at all. If all junction with measures to deal with environ- an important part of the future and we are doing is continuing business as mental issues. Finally, we urge the Finance should be developed. I also strongly be- usual, we might as well finish up and Committee to immediately adopt residential lieve renewable energy sources are go home. We do not need massive new solar credits and renewable energy produc- vital as this country seeks to diversify legislation simply to preserve the sta- tion tax credits, including a provision for energy supplies and decrease our de- fuels (liquid, gaseous and solid fuels), or tus quo. Before we do that, however, I their Btu equivalent, similar to the fuel pro- pendence on foreign sources to meet think we need to remember that renew- vision tax credit made available in Section our energy needs. ables will not only help clean our envi- 29 of the Internal Revenue Code. However, I cannot support the renew- ronment and provide countless new These actions will also develop new indus- able portfolio standard included in the high-tech jobs, they will also diversify tries and jobs, strengthen communities, en- underlying amendment because it man- our energy use. In our current security hance the environment, and assist in the sta- dates unrealistic levels of renewable conscious environment, that is worth bilization of greenhouse gases. On the trans- usage in a short period of time at the doing. portation fuels issue, ethanol, biodiesel and virtual expense of all other sources of Mr. President, I ask unanimous con- other biofuels will slow the flow of dollars to the Middle East, where too many of those electricity generation. Instead, I be- sent to have printed a letter written to dollars have been used to buy weapons and lieve the amendment of the Senator myself and other Members by several fund terrorist activities. from Arizona is a reasonable approach former national security experts re- Consequently, we also recommend a major to making renewable energy a greater garding a contribution of renewable and concerted effort to assemble the talent piece of our overall energy mix. One portfolio standards to our national en- and resources needed to launch a ‘‘Liberty point that seems to get lost in the de- ergy security. Ship’’ type program to convert agricultural bate over the use of renewables is There being no objection, the mate- wastes and cellulosic biomass into biofuels, America relies very little on renewable rial was ordered to be printed in the biochemicals and bioelectricity. The tech- nology to do so is in place; all that is lacking sources of energy right now and will RECORD, as follows: is the political will to deploy it. for the foreseeable future. SEPTEMBER 19, 2001. Sincerely yours, This chart shows a breakdown of how Senators THOMAS A. DASCHLE, TOM HARKIN, R. JAMES WOOLSEY, our electricity is generated today. Coal ROBERT C. BYRD, CARL LEVIN, JEFF BINGA- Former Director, Cen- contributes 52 percent; nuclear energy MAN, JAMES M. JEFFORDS, MAX BAUCUS, JO- tral Intelligence. is 20 percent; natural gas is 16 percent. SEPH R. BIDEN, Jr., TRENT LOTT, RICHARD ROBERT C. MCFARLANE, LUGAR, TED STEVENS, JOHN W. WARNER, For all electricity generation by re- Former National Secu- newables nationwide, and that includes FRANK H. MURKOWSKI, ROBERT C. SMITH, rity Advisor to Presi- CHARLES E. GRASSLEY, JESSE HELMS. dent Reagan. geothermal, hydro, biomass, as well as DEAR SENATORS: Americans are aware of Admiral THOMAS H. wind and solar, the total generation is the enormous and complicated tasks ahead MOORER, USN (Ret), only 9 percent. When that is broken in dealing with the consequences of the un- Former Chairman, down, hydro is 7.3 percent of the renew- precedented September 11th attack against Joint Chiefs of Staff. ables; biomass, wood, waste, and others our Nation. There are many corrective actions that re- Mr. JEFFORDS. On September 19, is 1.1 percent; geothermal is .4 percent; quire lead-times that could be months or shortly after the attacks on the World and wind and solar is .2 percent. even years. But, there are actions that can Trade Center and the Pentagon, James This last number is important, since and must be taken now. One of those critical Woolsey, former Director of the CIA, a number of my colleagues have put

VerDate 11-MAY-2000 02:49 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.091 pfrm02 PsN: S19PT1 S2054 CONGRESSIONAL RECORD — SENATE March 19, 2002 quite a bit of faith in solar and wind primary source is hydroelectric power. strong beliefs regarding federalism and power. However, the American con- Four of the five States—Idaho, Oregon, the role of our various levels of govern- sumer does not appear to share that South Dakota, Washington—rely on ment. enthusiasm which is evidenced by the hydroelectric power for more than 60 The Kyl amendment lets the States fact that wind and solar combined percent of their electricity. decide whether a mandatory renew- make up only .2 percent of our current Maine is the only State east of the ables program is something they would electricity generation. Another star- Mississippi to rely on more than 50 per- want to implement for their residents. tling but little known fact is, if you do cent of electricity generation from re- Right now, 14 States have already im- not include existing hydropower as re- newables, 30 percent coming from plemented mandatory RPS programs. newable, which the underlying amend- hydro and 30 percent coming from This is consistent with the policy of ment does not, again, renewables are other renewable fuels. Regions, and the National Governors’ Association, only 1.7 percent of our electricity gen- even individual States, that currently which states that any Federal legisla- eration. have a high percentage of renewable tion should: Although the amendment includes energy sources would be less impacted . . . allow a State to decide what mix of incremental hydropower prospectively, by the requirements of the underlying renewable technologies should be included in it still will make up a very small por- provisions. However, forcing a manda- any renewable portfolio package imple- tion of the electricity generation in tory minimum will unduly burden mented in a State. our country. States such as Ohio. The amendment offered by the Sen- Now, when you factor what the De- I don’t want my colleagues to mis- ator from New Mexico does eliminate partment of Energy believes our elec- understand me. I do believe we need to the original language which would re- tricity usage will be over the next 20 continue to invest in renewable forms quire that larger municipally owned years, you see that the use of coal will of energy. They are environmentally utilities meet the RPS standard, but it continue to rise, natural gas will rise friendly and contribute to meeting the still does not address the fact that this dramatically, nuclear fuel remains requirement of national energy self-re- mandate will ultimately be paid for by fairly level and hydropower remains liance, and as the technology gets bet- ratepayers. In Cleveland, and in many steady. At the bottom is petroleum, ter, have the potential to become inex- of our cities and communities nation- and just above that, non-hydro renew- pensive. wide, a lot of these ratepayers are poor ables increase slightly. These projec- Right now, electricity from renew- and a lot of them are elderly and it tions show, renewables will make up a able energy sources is very expensive. would be hard for them to afford the very small portion of the production of However, we need to realize that the cost of this standard. energy in this country for the next 15 current research and development If you look at this chart, the people to 20 years. costs make a practical national appli- who seem to be left out are the rate- However, the underlying amendment cation of a mandatory minimum re- payers. They seem to be left out so says, regardless of market forces, newable standard very difficult. Re- often from debates we have here on the America is going to dramatically in- newables simply do not have the capac- floor of the Senate. These are the least crease its use of renewables. In fact, ity to meet our needs in the timeframe of our brethren, the ones who were the the underlying amendment stipulates established in the underlying amend- most affected a year ago when the de- we must develop a mandatory min- ment. Their growth will come, how- mand for natural gas in this country imum standard for renewable energy of ever, and we should support research went way up and their utility bills sky- 10 percent for our electricity genera- funding that will get us to the point rocketed. tion by the year 2020. The only way I where renewables are a viable energy If you look at people with annual in- can see that we can accomplish this option. come under $10,000, you see that almost mandate, if it is implemented, is for In fact, over the past 5 years, Con- 30 percent of their income goes for en- energy-producing companies to take a gress has provided more than $7 billion ergy costs. If you are in an income dramatic turn toward using renew- in tax incentives and other programs bracket between $10,000 and $24,000, you ables. That means they have to cut to assist renewables. Recently, we ex- spend 13 percent on energy costs; and back on clean coal technology, put the tended a renewable energy tax credit of course if you make over $50,000, only brakes on natural gas, which is the for $1 billion, and the Finance Com- 4 percent of your income is spent on current energy source of choice in mittee has reported legislation that energy. There are a lot of people in this America, and restrict the further de- provides an additional $3 billion. country who can afford that. But I velopment and use of nuclear power. However, I believe it is not prudent have to tell you, there are a lot of peo- This will have a particularly dramatic for the Senate to mandate a renewable ple in this country who cannot afford impact on energy producers in regions standard. The amendment offered by it. of our country that do not currently the Senator from Arizona, on the other Last winter, in the midst of the heat- rely on a tremendous amount of renew- hand, lets the free market decide. ing cost increase, I held a meeting in able resources. If the demand for energy derived Cleveland with Catholic Charities, Lu- For example, in my home State of from renewable sources exists, then I theran Housing and the Salvation Ohio, our use of renewable energy is have no doubt that energy suppliers Army and heard first-hand the effects much lower than the national average. will respond to their customers and of the high energy costs were having on Renewables, including hydropower, satisfy the demand, just as they are the people who could least afford it. generate 1 percent. Remove hydro from doing in Cleveland, OH. Many of them were just hanging on this number and the State of Ohio gen- Last year, the Northeast Ohio Public trying to stay in their own homes. erates less than .4 percent of its elec- Energy Council made an agreement I am concerned about them and I tricity from renewable sources. This is with Green Mountain Energy Company think that the Senate should be con- predominantly biomass power which in Texas to supply customers in eight cerned about them as well. comes mostly from wood-burning boil- northeast Ohio counties with elec- I honestly believe if the decision to ers in woodworking and paper manu- tricity. Green Mountain Energy Com- implement a Renewable Portfolio facturing industries. pany uses a blend of sources including Standard is left to the discretion of the However, there are many other wind, water, and solar energy. Cus- Governors in the States, many of them States which rely on renewable sources tomers in these counties were able to will go forward with it. Some states for electricity generation. According to make the decision themselves if they will not go as fast as other ones, but 1998 data from the Energy Information wanted to purchase the power instead overall we will probably achieve the Administration, at least 10 percent of of being mandated to purchase green goal of the sponsors of the Bingaman the electricity generated in 16 States power. amendment, but do it without man- comes from renewable power sources. Having spent 10 years as Mayor of dating it throughout the country in Of these 16 States, 5 States receive Cleveland, and as mayor I ran a mu- each and every State. more than 50 percent of their elec- nicipally-owned utility, and 8 years as Renewables and conservation need to tricity from renewable sources, and the Governor, I have developed some very be a bigger part of our energy policy—

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.094 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2055 I agree with that. But we have to be re- Today, in 2002, about 69 percent of the generation of power from renew- alistic about our challenge. These two the electricity we generate in this ables, and how the rest of the country strategies do not have the capacity to country is produced from coal and nat- ought to learn something from Texas. meet our growing energy needs in the ural gas. If we do not adopt something What we are trying to do here is learn timeframe mandated in the underlying such as this renewable portfolio stand- something from Texas. amendment. ard, the expectation is that by 2020 it I see the majority leader in the I have to say, anyone who says re- will be 80 percent produced by those Chamber. If he has comments or a newables are going to take care of the two fuels. That is too much concentra- statement to make, I would be glad to energy needs of this country by the tion. That is not smart. yield to him at this point. year 2020 just is not being intellectu- The Presiding Officer is familiar with The PRESIDING OFFICER. The ma- ally honest in terms of what renew- investment strategies. One of the sim- jority leader. ables can do. plest, most basic investment strategies Mr. DASCHLE. I thank the distin- We are going to need more coal, we is to diversify so you are not too de- guished Senator from New Mexico for are going to need more nuclear power, pendent on what happens to one par- his kindness. we are going to need more natural gas, ticular thing. We are too dependent Mr. President, I make an announce- we are going to need more hydropower today on what happens to the price of ment that there will be no more roll- and other renewables, we are going to natural gas. call votes tonight. We will pick up, need more conservation. We are going My colleague from Ohio was citing hopefully, on the Kyl amendment to- to need it all. the terrible plight which many people morrow and have a vote on it at some I think the Senator from Arizona is in this country faced when natural gas point shortly after we reconvene. on the right track with his amendment prices went up 100 percent, 200 percent TECHNICAL AMENDMENTS NEGOTIATIONS and I urge my colleagues to support his 18 months ago. I certainly saw that in Mr. President, I also announce that amendment. It encourages the use of my State. Many of the people I rep- it appears it is unlikely we are going to renewable power without mandating it resent were very adversely affected. reach an agreement with regard to the and meets our energy, environmental That is what we are trying to get away so-called technical amendments that and economic needs in a responsible from with this renewable portfolio have been the subject of a good deal of way. standard. discussion and negotiation over the I yield the floor. We are trying to say some of this last several days. I appreciate the ef- Mr. WELLSTONE. Will the Senator electricity that is produced in the fort made by many of our colleagues. yield for a moment? The PRESIDING OFFICER. The Sen- country—some modest amount of it—I That will, as we have all understood, ator from Minnesota. would be the first to admit that this necessitate the cloture vote tomorrow. Mr. WELLSTONE. Mr. President, I amendment to require up to 10 percent My expectation is that we will come ask unanimous consent I be allowed to by the year 2020 is a modest amend- in late morning and then have the clo- follow Senator CANTWELL, since we are ment. I think it is very doable. It is a ture vote and begin the debate on the both in the Chamber. movement in the right direction, but it campaign finance reform bill. Perhaps The PRESIDING OFFICER. Without is a modest requirement. We are say- we still may reach some agreement objection, it is so ordered. ing, let’s at least do that. Let’s at least with regard to the technical amend- Mr. BINGAMAN. Mr. President, I require utilities to do the best they ments, but at least as of this hour no have heard the discussion by the two can, wherever they are located, to gen- agreement has been reached. sponsors of the amendment, Senator erate some of the electricity they sell Senator MCCAIN has indicated to me KYL and Senator MILLER, and, of from renewable sources. So that is he is not in a position to agree to the course, now Senator VOINOVICH and my what we are about here. amendments that have been discussed. colleague, Senator MURKOWSKI, who is This chart I have shown before on the As a result, while I encourage further the ranking member of the Energy Senate floor. It tries to make the point discussion, I do want people to know Committee. I want to try to respond to that as compared to other countries, that it is very likely, I would say, we some of the points that were made and particularly in Europe—that is what is could have that cloture vote as early as put this issue in some kind of perspec- reflected on the chart—the United late tomorrow morning. So I want to tive as I see it. States has done much less in the way inform my colleagues of that. First of all, why are we even pro- of trying to generate energy from re- I would be happy to yield to the Sen- posing this amendment? Why does my newable sources. It shows on the chart ator from Kentucky. underlying amendment that Senator that Spain has had a 300-percent in- Mr. MCCONNELL. If the leader will KYL would propose to eliminate—why crease from the years 1990 to 1995; Ger- yield, I must say that I am somewhat does my underlying amendment try to many, over 150 percent; Denmark, frustrated. The leader may or may not move us in the direction, as a country, nearly 150 percent; the Netherlands, know that Senator MCCAIN and I have of using more renewable energy to over 50 percent; France, a substantial had three meetings on this subject. My produce electricity? Why is that a pri- amount. The United States is the one staff and his staff, and others on the ority for the country? shown on the chart with the yellow cir- other side of that issue, worked for 3 I have essentially the same chart as cle around it. We have been moving weeks to resolve six very small items. that to which my good friend from ahead at a very, almost imperceptible, There were 10 meetings between the Ohio referred. and it has the same basic rate. staffs of Senator MCCAIN and FEINGOLD information on it. So what we are trying to do with this and mine, several phone conversations This chart points out that when you legislation is incentivize and require daily when staff was permitted to look ahead—we do now depend pri- that some action be taken to move to- speak to each other, phone conversa- marily on coal. We do now depend ward more production of energy from tions late at night and over the week- heavily on nuclear. We do now depend renewable sources. end. Late last night, Senators MCCAIN heavily on natural gas. And renewables My friend from Arizona, in his zeal, and FEINGOLD provided a draft incor- are not a major part of our energy mix, referred to this as ‘‘Soviet style com- porating two technical changes of their particularly the nonhydro renewables mand and control.’’ This proposal, own, to which we immediately agreed. are not a major part of our energy mix. which we brought to the Senate floor, In fact, we agreed to all of Senator One of the purposes we have in this is essentially the same as President MCCAIN’s and Senator FEINGOLD’s pro- energy legislation—and in this par- George W. Bush signed into law in visions and their changes. And I have ticular renewable portfolio standard Texas. We all know how sympathetic been representing to my colleagues for provision—is to diversify the sources he is to Soviet style command and con- over a week now we were almost there. from which we generate power, so when trol. It has worked tremendously in I was hoping we would be able to end we get to 2020 the chart I show you in Texas. In fact, there are all sorts of ar- this debate with everybody feeling this Chamber does not look exactly ticles being written about how success- good about the situation, but I must like it looks now as I am pointing to it ful that State has been in increasing say I am not sure I have been dealt here. the use of renewables, and increasing with in good faith, having worked on

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.110 pfrm02 PsN: S19PT1 S2056 CONGRESSIONAL RECORD — SENATE March 19, 2002 this now for 3 weeks, and every time I truth is—and the various maps that my The study, which was requested by Sen. am told we are almost there, we are friend from North Dakota showed ear- Frank Murkowski of Alaska . . . concludes never there. lier make the point very clearly—we do that increased electricity generation from So I think the majority leader is cor- not specify in this legislation which renewables would have the biggest impact on natural gas-fired prices, which EIA said rect. That is where we seem to be. But type of renewable resource be used. In- would drop as a result of competitive pres- I am going to say, I am astounded. This stead, we allow each State to use what- sure from renewables. is my 18th year in the Senate. I have ever is available to them. There are a So the chart my friend from Ohio put been involved in a lot of negotiations— great many different resources avail- up showing gas prices going through never one so painful over so little: six able. the ceiling, as they did 18 months ago, rather small items. Finally, let me talk about cost. So I do think we are going to wrap There has been a real concern that the that would be less likely if there were this bill up tomorrow. It is too bad we cost of this provision would be substan- other sources from which energy was will not, apparently, be able to pass a tial for ratepayers, for various individ- being generated. technical package that would benefit uals. Mr. President, I have other points I both sides because of our inability to I have the Energy Daily, which is a can make. I know there are several bring this to conclusion. well-known publication in town and Senators who have been waiting quite But I say to the leader, as I have said around the country. This is dated a while to speak. I may have an oppor- repeatedly over the last week, we are March 12. There is an article entitled tunity later on before the vote to con- anxious on this side, those of us who ‘‘EIA Sees RPS Having Little Impact clude my comments. oppose this bill, to complete it. And, On Prices.’’ Mr. President, I have a series of let- hopefully, we can wrap it up tomorrow, What that means is that the Energy ters in support of the underlying not only the cloture vote but final pas- Information Administration was asked Bingaman amendment that Senator sage, and the resolution that I believe by my colleague, Senator MURKOWSKI, KYL would wipe out with his amend- we have agreed upon, which is separate to do a study on what would be the im- ment. I ask unanimous consent those from the technical amendments. It is pact of this provision on prices? letters be printed in the RECORD. really regretful that we negotiate for 3 Mr. VOINOVICH. Mr. President, will There being no objection, the letters weeks over relatively small items and the Senator yield for a question? were ordered to be printed in the cannot seem to get there. Mr. BINGAMAN. I am pleased to RECORD, as follows: So let me say to the leader, we look yield. NATIONAL HYDROPOWER ASSOCIATION, forward to wrapping this bill up tomor- Mr. VOINOVICH. You have just stat- Washington, DC, February 20, 2002. row—we know it is essentially over— ed that many States have already im- Hon. JEFF BINGAMAN, plemented greater RPS standards than U.S. Senate, Hart Senate Office Building, and hope we can do it in a minimal Washington, DC. amount of time. required in your amendment. In my statement, I said 14 already have RPS DEAR SENATOR BINGAMAN: The National Mr. DASCHLE. I thank the Senator Hydropower Association (NHA) writes to ask from Kentucky. I appreciate all of his standards. But this bill does mandate a you to support Majority Leader Tom Daschle efforts. I said a moment ago, I still 10-percent renewable requirement on and Energy & Natural Resources Committee hold out the possibility that some all the States. In a State like Ohio, we Chairman Jeff Bingaman for their inclusion agreement can be reached. And, of are currently generating less than of ‘‘incremental hydropower’’ in the Renew- course, the cloture vote does not pre- four-tenths of 1 percent of our elec- able Portfolio Standard (RPS) contained in clude that. So we will keep talking. tricity with non-hydro renewable S. 517, the ‘‘Energy Policy Act of 2002.’’ Addi- tionally, we ask that you oppose any efforts I think Senators should be on notice power sources. We are also facing some dramatic increases in electric genera- to modify or remove incremental hydro- that the cloture vote will take place, power from the RPS when the bill is consid- and, hopefully, we can then reach some tion costs to reduce the pollution from ered on the Senate floor and to support S. kind of unanimous consent agreement coal-fired plants by using clean coal 517’s RPS in the event of an ‘‘up-or-down’’ with regard to the time required for technology. About 85 percent of our vote. further debate on the bill prior to the plants use coal today. Both Democrats and Republicans have rec- time we have a final passage vote. I can’t believe an RPS in Ohio will ognized the importance of hydropower—our I thank my colleagues and yield the reach 10 percent because in all prob- nation’s leading renewable technology—in floor. ability, the utilities that serve my meeting future energy demands. What’s The PRESIDING OFFICER. The Sen- State, if this goes in as a mandate, will more 93 percent of registered voters over- buy credits and then the cost of those whelmingly support an important role for ator from New Mexico. hydropower in the future, and 74 percent AMENDMENT NO. 3038 credits will be passed on to Ohio rate- favor incentives for increased hydropower Mr. BINGAMAN. Mr. President, let payers. production at existing facilities. me just speak for a few more minutes Mr. BINGAMAN. Let me respond: With the inclusion of incremental hydro- and conclude my comments. I know There clearly are some challenges for power in the RPS, approximately 4,000 there are others waiting to speak on some States in this legislation, but I Megawatts (MWs) of new hydro generation could be developed meeting today’s environ- this Kyl amendment. am persuaded that there are ways for them to meet those challenges through mental standards at existing hydropower fa- One of the issues that was raised by cilities—none of which would require the the Senator from Georgia was a con- coal-fired generation, using biomass. That is one way to do it. We are glad to construction of a new dam or impoundment. cern about whether or not this pre- This is enough power for four million empted States from doing what they work with the Senator to be sure that homes—clearly a significant contribution to wanted to do about renewable energy the legislation has the flexibility in it our nation’s energy supply. generation. It does not do that. There so that this is a goal that can be The most commonly used definition of in- is no way that we in any way preempt achieved in his State by utilities oper- cremental hydropower, including that of S. a State from taking action. ating in his State. I think it can be. 517, allows new hydro generation to be If I could just conclude the descrip- achieved from increased efficiency or addi- There are many States that have tions of new capacity at an existing hydro- taken action which far exceeds the tion of this study, this is the study by the Energy Information Administra- electric dam. This concept is based on exten- standards to which we would be hold- sive discussions and a general agreement be- ing them. So this is not in any way an tion, it concludes: tween the hydropower industry, a segment of effort to preempt States. It is an effort . . . that the retail price impacts of a re- the environmental community and other to move them along this road, and quirement that electricity generators pro- members of the renewable energy commu- vide at least 10 percent of their output from some of them are already a great deal nity. renewable sources by 2020 ‘‘are projected to NHA strongly supports Senators Daschle of distance down this road. be small because the price impact of [the Let me also discuss the idea of and Bingaman for their inclusion of incre- program] is projected to be relatively small mental hydropower in S. 517 and hope you wealth transfer. My colleague from Ar- when compared with the total electricity will do the same. What’s more, we hope izona has said repeatedly that this is a costs and to be mostly offset by lower gas you’ll support the RPS when it is debated on terrible thing because some States are prices.’’ the Senate floor as it will allow America to at such a terrible disadvantage. The Then they go on to say: rely more on clean, renewable energy.

VerDate 11-MAY-2000 01:46 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.097 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2057 If you have any questions, please contact past behavior, it seems that there should be quirement law in the nation. In addition to Mark R. Stover, NHA’s Director of Govern- some recognition for early action. Perhaps producing electricity without emitting any ment Affairs, at 202–682–1700 x-104, or at when this issue comes to conference, you pollutants, each megawatt of wind power [email protected]. might consider a system whereby existing creates at least $1 million in economic activ- Sincerely, renewable capacity is eligible for credits ity. LINDA CHURCH CIOCCI, that phase out over time. We would certainly The wind industry is proud to support the Executive Director. be willing to work with you on such a pro- RPS contained in S. 517, aimed at diversi- posal. fying America’s energy production while also FLORIDA POWER & LIGHT COMPANY, Finally, I want to thank you for your lead- enhancing our effort to secure cleaner air Washington, DC, March 14, 2002. ership in guiding this energy legislation and a more sustainable energy future. Thank Hon. JEFF BINGAMAN, through the Senate. The bill contains some you. Chairman, Energy and Natural Resources Com- important features that will help to promote Sincerely, mittee, U.S. Senate, Dirksen Senate Office more competitive markets and we appreciate RANDALL SWISHER, Building, Washington, DC. everything you have done to maintain these Executive Director. DEAR CHAIRMAN BINGAMAN: Please consider features and oppose amendments that would this letter an endorsement of the com- turn away from open access and competition. GEOTHERMAL ENERGY ASSOCIATION, promise Renewable Portfolio Standard (RPS) Sincerely, Washington, DC, March 14, 2002. contained within S. 517, the Energy Security JEANNE CONNELLY. DEAR SENATOR: This afternoon, Senator Policy Bill. Bingaman plans to offer a substitute for the As you may know, FPL Group, comprised MIDAMERICAN RPS provisions in S. 517 that the geothermal of its two major subsidiaries, Florida Power ENERGY HOLDINGS COMPANY, industry urges you to support. & Light (FPL) and FPL Energy (FPLE), is Omaha, NE, March 14, 2002. While we believe that significantly more one of America’s cleanest, most progressive Hon. JEFF BINGAMAN, renewable energy could be brought on-line energy companies. Our commitment to the Chairman, Committee on Energy and Natural over the next twenty years, the Bingaman environment is manifested by FPL’s diverse Resources, U.S. Senate, Washington, DC. amendment would establish an important generation mix and by FPLE’s largely re- DEAR CHAIRMAN BINGAMAN: I am pleased to national minimum requirement for new re- newable energy portfolio. FPLE operates the write in support of your efforts to include newable development. This will help ensure two largest solar projects in the world, over provisions to promote the development of re- the continued growth and health of renew- 1,000 megawatts of hydroelectric power, a newable energy resources for electric genera- able industries and will have positive eco- number of geothermal projects, and a num- tion in the Senate’s comprehensive energy nomic and environmental benefits for our ber of biomass plants. And, significantly, bill. MidAmerican Energy Holdings Company Nation. with over 1,400 megawatts of net ownership is one of the world’s largest developers of re- Moreover, the Bingaman proposal would in wind energy, FPLE is the nation’s largest newable energy, including geothermal, wind, preserve the essential market-based ap- generator of wind power. biomass and solar. proach that is at the heart of a renewable FPLE plans on adding up to 2,000 MidAmerican has been a long-time pro- portfolio standard. This proposal—together megawatts of new wind generation over the ponent of both a production tax credit for with the provisions proposed by the Senate next two years. Due to the wind energy pro- electricity generated by renewables and a Finance Committee that would equalize re- duction tax credit (IRC Sec. 45(c)(3)) and the federal government purchase standard for re- newable tax treatment by expanding the pro- industry’s success in reducing production newable electricity. We strongly support duction tax credit to include geothermal en- costs, wind energy has become economically these provisions in the comprehensive en- ergy—will stimulate market forces to de- feasible. A long-term extension of the credit ergy bill before the Senate, as well as recent velop reliable and cost-effective renewable combined with your RPS will allow wind modifications to the bill’s renewable port- technologies to help meet our country’s en- generation—and, hopefully, other renewable folio standard (RPS) section that will ensure ergy needs. sources—to contribute to America’s energy that implementation of the RPS is achiev- On behalf of the geothermal industry, I independence and security. Ultimately, such able and affordable. strongly encourage you to support the an aim should be the keystone of any Amer- Renewable electricity can play a critical Bingaman amendment and the renewable en- ican energy policy. role in diversifying the nation’s fuel mix and ergy tax provisions reported by the Senate We appreciate your leadership on this im- providing emissions-free electricity for Finance Committee. portant issue, and we strongly support your American consumers. By including both sup- Sincerely, efforts to enact a fair and balanced RPS. ply and demand side components in the com- KARL GAWELL, Please do not hestitate to call on me should prehensive energy package, your legislation Executive Director. you require any assistance in your endeavor. will benefit the environment and American The PRESIDING OFFICER. Under a Sincerely, energy security. previous order, the Senator from Min- MICHAEL M. WILSON, Thank you again for your leadership in nesota is recognized, followed by the Vice President. promoting renewable energy. Sincerely, Senator from Washington. Mr. WELLSTONE. What I can do is— CALPINE CORP., DAVID L. SOKOL, Washington, DC, March 14, 2002. Chairman and I would be pleased to speak for myself; Hon. JEFF BINGAMAN, Chief Executive Officer. I know Senator MCCAIN wants to U.S. Senate, Hart Senate Office Building, speak—if I could get 10 minutes before Washington, DC. AMERICAN WIND ENERGY ASSOCIATION, the vote tomorrow to speak, I would be DEAR SENATOR BINGAMAN: On behalf of Washington, DC, March 13, 2002. pleased to relinquish the floor last. Calpine Corporation, I am writing to convey Hon. JEFF BINGAMAN, Mr. BINGAMAN. Mr. President, I am our support for the Renewable Portfolio Chairman, Senate Energy and Natural Re- not in a position to commit to that Standards (RPS) amendment that I under- sources Committee, U.S. Senate, Wash- without the assistant majority leader, stand you plan to offer. ington, DC. We support a reasonable RPS that will pro- DEAR CHAIRMAN BINGAMAN: I write on be- floor leader, to talk about that. I don’t vide a market-based incentive for increasing half of the Board of Directors and member know what the procedure is. Since we the amount of energy that is produced by re- companies of the American Wind Energy As- are jumping from the energy bill to the newables. Your amendment is a significant sociation (AWEA) in support of the Renew- campaign finance reform bill and back improvement over both the existing Senate ables Portfolio Standard (RPS) contained in every few minutes, it is very difficult energy bill language and the Jeffords amend- the proposed substitute to S. 517, the Energy for me to commit to that. ment to be offered on this subject. We par- Policy Act of 2002. Mr. MCCAIN. May I just ask my While we believe that all of America’s re- ticularly support the fact that your amend- friends from Minnesota and from New ment treats all types of renewable energy newable energy technologies—wind, solar, the same. geothermal, biomass, and hydropower—are Mexico—three of us are on the floor. We also believe that an RPS is only work- capable of contributing higher levels of elec- We would take about 2 minutes to kind able when it is coupled with tax incentives tricity generation than would be required by of clear up a problem that has arisen. If for the production of renewable energy and the proposed RPS, the provision is a signifi- I could ask unanimous consent that we we strongly support the production tax cred- cant step forward in meeting America’s could take a maximum of 3 minutes, 1 it for basic renewables that is contained in growing energy needs. minute each. the underlying energy bill. In 2001 alone the wind energy industry in- Mr. WELLSTONE. Mr. President, As the world’s largest producer of geo- stalled close to 1,700 megawatts of new gen- thermal energy, we are concerned, however, erating capacity, enough to meet the needs that would be fine. I ask unanimous that only new renewable capacity will be eli- of about 475,000 households. More than half consent that I just immediately follow gible to receive tradable credits under the of this new wind power development (915 them. RPS. While I understand your desire it to en- megawatts) was produced in Texas—a state The PRESIDING OFFICER. Without courage new capacity rather than reward with the most effective renewable energy re- objection, it is so ordered.

VerDate 11-MAY-2000 02:49 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.024 pfrm02 PsN: S19PT1 S2058 CONGRESSIONAL RECORD — SENATE March 19, 2002 Mr. WELLSTONE. And then I would that Senator BINGAMAN made, and nurture and promote energy policy for be followed by Senator CANTWELL as in probably my colleague from Wash- all of the good reasons I have tried to the original agreement. ington can speak about this with more outline. The PRESIDING OFFICER. Without eloquence. Nobody, to respond to the Frankly, if we can’t hold on to this 10 objection, it is so ordered. Senator from Ohio, is making the argu- percent renewable energy portfolio, The Senator from Arizona. ment that, by 2020, we will be totally then I don’t think we have much of a TECHNICAL AMENDMENTS NEGOTIATIONS independent from fossil fuels. No one is form bill here at all. Mr. MCCAIN. Mr. President, I will making that argument. It’s really a This is a key vote. That is why I take less than 1 minute. We have been ‘‘straw man’’ argument. wanted to speak briefly about it. I hope working with the Senator from Ken- I think the question is whether or we will get a strong vote against the tucky, the Senator from Wisconsin and not we will, no pun intended, continue Kyl amendment, and I think we will. I I have, and our staffs. We have come up to barrel down the fossil fuel energy think it should be defeated. with a package of technical amend- path. Will we continue to rely pri- ments with which we are in agreement. marily on oil, coal, or on other fossil I yield the floor. We are ready to move that package. fuel? Or do we want to take a new di- The PRESIDING OFFICER. The Sen- There seems to be a problem with an- rection. I, frankly, think this is going ator from Washington is recognized. other Member, a very senior Member. I to be a test vote for a new direction in Ms. CANTWELL. Mr. President, I hope we can get that worked out. energy policy. I think the Senator from rise to speak in opposition to the Kyl I do have it worked out. I think we New Mexico agrees that this is going to amendment. We are debating this en- should be ready to move forward to- be a test vote on this bill. This 10-per- ergy bill against the backdrop of one of morrow. I think we have had good-faith cent renewable energy portfolio, which the country’s most severe energy cri- negotiations. is from my point of view too little, ses, which has definitely impacted I yield to either one of my col- makes this legislation a reform bill—it ratepayers in my State and in many leagues. makes this an energy bill that is sen- parts of the West. The PRESIDING OFFICER. The Sen- sitive to how we produce energy in con- After September 11, the war against ator from Kentucky. nection with the environment. It takes terrorism even more underscores the Mr. MCCONNELL. I said before the us down a different energy path. need for us to develop a national en- Senator from Arizona had arrived that The different path is significant for ergy policy that helps create more I was totally frustrated. I recounted all many States. For example, in Min- independence. It is clear that the time the meetings he and I and our staffs nesota, we produce enough wind to has come for us to enact a 21st century had had, and I was exasperated that we produce all of our electricity through energy policy. But we will fail if this seemed to have gotten so close and not wind, when the technology is there. In bill is simply about the extent to which been able to complete it. I confirm fact, Minnesota, South Dakota, and we should increase oil production or what the Senator from Arizona said, North Dakota, Nebraska and Kansas determine the best route for pipelines. that we have reached an agreement could produce enough energy through We will fail if we do not learn from the among the three of us on this technical wind generation to produce electricity lessons of the past and recognize that package. We would like to be able to for the whole country. we are on the cusp of a revolution of move it, and we would plead with our So there is enormous potential here. energy technology that could be as sig- colleagues on both sides of the aisle to In addition to wind, we have biomass nificant as the revolution in computing give us a chance. I don’t think there to electricity, solar, and geothermal. technology. are three Members of the Senate who When my colleague from Ohio was giv- We are faced with a clear choice: We know any more about the subject than ing some projections, I think he missed can go down the path of debating false we do. Our positions are pretty well es- the point about the potential of effi- choices of conservation versus produc- tablished. We have actually reached cient energy use and where that figures tion, regulation versus deregulation, agreement, and we would hope that the in. Again, one more time, it is a mar- nuclear versus fossil. But I think it is Senate would let us act on it in some riage ready to be made between being time that we recognize what is at the kind of consent arrangement sometime much more respectful of the environ- core of the debate is this 21st century tomorrow. ment, clean technology, many more energy policy; about developing a new The PRESIDING OFFICER. The Sen- small business opportunities, keeping policy that will lead us to a system of ator from Wisconsin. dollars and capital in our States and cleaner, more efficient, distributed Mr. FEINGOLD. Mr. President, there our communities, national security, power, located closer to the homes and have been good-faith negotiations. I and less dependent on Middle Eastern businesses that it is built to serve. agree with the Senators from Arizona oil. and Kentucky that we have finally Look at what happened last year Mr. President, the renewable port- reached agreement on the technical with natural gas prices. We would be folio standard we are debating today is amendments package. There is a dif- much less dependent on a few giant en- the centerpiece of our effort of a 21st ferent Member of the Senate who has a ergy conglomerates for energy. century energy policy marked by envi- concern about it. Because we are oper- This is pro-environment, pro-con- ronmentally responsible sources of en- ating on the basis of a unanimous con- sumer, pro-small business, pro-clean ergy. An aggressive renewables port- sent, we have to deal with that. But we technology, and is going to be a huge folio standard will help this Nation di- have finally reached the point where growth industry in our country. Frank- versify its energy, level the playing the actual provisions are something we ly, the only folks who are really op- field for renewable resources, and en- can agree on, and we are hoping we can posed to this renewable portfolio stand- courage investment in clean energy work this out. ard are some Senators are opposed be- technology. A transition to clean, re- I yield the floor. cause they think it is a mistake to newable sources of energy will help sta- The PRESIDING OFFICER. The Sen- have a mandate or a subsidy. Although bilize increasing and volatile fossil fuel ator from Minnesota is recognized. I have to tell you, the oil and gas in- prices, ease energy supply shortages Mr. WELLSTONE. Mr. President, I dustry have gotten huge subsidies over and disruptions, clean up dangerous air assume we will have time to talk about the years. Last year the House passed a pollution, and reduce emissions of campaign finance reform. bill with over $30 billion in tax breaks, greenhouse gases. AMENDMENT NO. 3038 most of them going to oil, coal, and the Again, arguments in favor of a strong As a matter of fact, I think I can do nuclear industry. Now that is a govern- Federal renewables portfolio standard it in just a couple of minutes. Last ment subsidy. If I were to look back are straightforward. An RPS will spur week when we had the debate on the over the last 50 years of energy policy, more environmentally responsible gen- Jeffords amendment, to increase the it would be a massive amount of money eration, diversify electricity sources, renewable portfolio to 20-percent elec- we have given to the fossil fuel energy and that is enhancing and helping to tricity, I spoke at some length. I just industry. We don’t want to stack the protect our economy from price spikes; want to pick up on a couple of points deck against renewables. We want to and, three, create a national market

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.121 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2059 for renewables and clean energy tech- released last November, sponsored by a amendment and to vote instead for a nology, spurring innovation and reduc- group of Northwest utilities and inter- strong renewable portfolio standard. ing their cost—potentially for inter- est groups, estimated that the inter- I yield the floor. national export. national market for clean energy tech- The PRESIDING OFFICER (Mr. DAY- Today, less than 2 percent of the Na- nologies will grow to $180 billion a year TON). The Senator from Arizona. tion’s electricity is generated by non- over the next 20 years—that’s right, Mr. KYL. Mr. President, I wish to re- traditional sources of power such as $180 billion a year over the next 20 spond to some of the comments made wind, solar, and geothermal energy. years. relative to my amendment by various This has to change. By putting a re- It is in our national economic inter- Senators who have spoken since I laid newables portfolio standard in place, est to set policy that will ensure the that amendment down earlier this we will set the Nation down a path to- United States captures a major part of afternoon. ward a more independent, sustainable, this market. First, I ask unanimous consent to and stable power supply. Already the Northwest has a $1.4 bil- print in the RECORD two letters from I want to emphasize just how impor- lion clean energy industry that is on the Public Service Commission of the tant it is to diversify our generating track to grow to $2.5 billion over the State of Florida, both dated March 18, resources. As many of my colleagues next several years, creating 12,000 new 2002, one to the Honorable BILL NELSON are aware, last year the Pacific North- jobs in our region. That is right, 12,000 and the other to the Honorable BOB west suffered the second worst drought new jobs in our region. GRAHAM, the two Senators from the in the history of our State. In Wash- With the right public policies in State of Florida. ington State, about 80 percent of our place, we can attain 3.5 percent of the There being no objection, the letters generation comes from hydroelectric worldwide market for clean energy were ordered to be printed in the sources. So because of this drought, technologies, including not just gen- RECORD, as follows: consumers in my State were exposed eration but smart-grid transmission STATE OF FLORIDA, far more directly to the pervasive mar- technologies needed to bring power to PUBLIC SERVICE COMMISSION, ket dysfunction activity that happened market more efficiently and create as Tallahassee, FL, March 18, 2002. in the West. As a result, many of our many as 35,000 new jobs in the North- Re: Energy Legislation (Substitute Amend- utilities have had to raise their retail west. ment 2917 to S. 517). rates by as much as 50 percent. Developing the clean energy tech- Hon. BILL NELSON, So I believe we must diversify our re- nology industry on a national level U.S. Senator, Hart Senate Office Building, source portfolio, but to accomplish this means job creation. We need a Federal Washington, DC. goal, many of our utilities are making renewable portfolio standard both to DEAR SENATOR: The purpose of this letter a tremendous investment in new gen- break our century-old reliance on tra- is to let you know that the Florida Public Service Commission has major concerns with eration. Much of it is from ample re- ditional fossil fuels and to create pre- the 400-page Substitute Amendment cur- newable resources. We realize the in- dictable markets for renewable tech- rently being addressed by the Senate. It is vestment in renewables is affordable nologies and lay the groundwork for extremely preemptive of State Commission and a perfect complement to our hy- even greater innovations. authority. If legislation moves forward, we droelectric base. For example, I vis- Last week, the Senate was unable to ask that it provide a continuing role for ited, in our State, the Stateline Wind make meaningful progress on the im- States in ensuring reliability of all aspects Project last August, which is located in portant issue of corporate average fuel of electrical service-including generation, Walla Walla, WA. The wind farm, economy standards for our Nation’s ve- transmission, and power delivery services and should not authorize the FERC to pre- which went into operation December hicles. We had an opportunity before us empt State authority to ensure safe and reli- 13, consists of 399 turbines and has a ca- to alleviate threats to our national en- able service to retail customers. Also, we pacity to produce 263 megawatts of ergy and economic security posed by support the Kyl amendment on the renew- electricity. That is enough energy to our dependence on imported oil. None- able portfolio standard. serve almost 70,000 homes. So this is theless, it is important that we make In particular, our concerns are: working. progress today in this particular area (1) Electric Reliability Standards. The Bonneville Power Administra- and make sure that we make a renew- The substitute amendment would limit the tion, which supplies about 70 percent of able standard an important part of this States’ authority and discretion to set more rigorous reliability standards than the Fed- the power consumed in Washington legislation. eral Energy Regulatory Commission (FERC) State, has set a goal of obtaining a The renewable portfolio standard is over transmission and distribution. In fact, total of a thousand megawatts of en- one of the thresholds that will deter- the Substitute Amendment appears to pro- ergy. mine whether the Senate really does vide no role for States at all on transmission Many of our small and rural utilities create an energy policy that sets itself reliability. Yet, the Florida Legislature has are banding together to invest in wind apart from the 19th century focus of carefully set cut statutory authority for the projects, and the Yakima Tribe is also digging, burning, and drilling and fo- PPSC over transmission. exploring similar options. cuses more importantly on these 21st If legislation moves forward, Congress As we consider the renewables port- century technologies. should expressly include in the bill a provi- sion to protect the existing State authority folio standards provisions of this bill, I Now is the time to enact an energy to ensure reliability transmission service. think it is important to recognize the policy that will help us meet these We note that the Thomas amendment tremendous untapped potential that goals. A strong renewable portfolio passed. The amendment appears to strength- these renewables represent. Wash- standard will encourage use of renew- en state authority. In that regard, the ington State and the Pacific Northwest able sources and reduce harmful air amendment is better than the overall bill have begun to make this investment. and water pollution from coal and fos- under consideration. Our interpretation is With the construction now underway, sil fuels. It will help ensure a sustain- that the amendment will not restrict state our regional renewable resources, ex- able, secure energy supply and protect commission authority to adopt more strin- gent standards, if necessary. cluding most hydropower, will soon ap- our environment for future genera- (2) Market Transparency Rules. proach 4 percent—far surpassing the tions. It will create the investment, in- The section is silent on State authority to national average. But I believe we can come, and jobs in our communities, es- protect against market abuses, although it still do better. pecially our rural areas. does require FERC to issue rules to provide A strong renewables portfolio stand- These are the characteristics that I information to the States. State regulators ard will create the market certainty think should be part of our 21st cen- must be able to review the data necessary to that companies and utilities need to tury energy policy. I ask my colleagues ensure that abuses are not occurring in the continue down the path toward re- to support a strong renewable portfolio market. source diversification and techno- standard and, most importantly, op- (3) Public Utilities Regulatory Policy Act (PURPA). logical innovation. Specifically, in- pose any efforts to strip from this bill The FPSC supports lifting PURPA’s man- creasing our supply of renewable re- or in any way undermine this measure datory purchase requirement, but States sources makes not just environmental which I believe is critical. I urge my should be allowed to determine appropriate sense but also economic sense. A study colleagues to vote against the Kyl measures to protect the public interest by

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.100 pfrm02 PsN: S19PT1 S2060 CONGRESSIONAL RECORD — SENATE March 19, 2002

addressing mitigation and cost recovery STATE OF FLORIDA, lished to allow states to adopt additional re- issues. Thus, we do not support preempting PUBLIC SERVICE COMMISSION, newable programs, we continue to have con- State jurisdiction by granting FERC author- Tallahassee, FL, March 18, 2002 cerns. Thus, we strongly support the Kyl ity to order the recovery of costs in retail Re Energy Legislation (Substitute Amend- amendment which provides some flexibility rates or to otherwise limit State authority ment 2917 to S. 517). to the States. The FPSC believes that States are in the to require mitigation of PURPA contract Hon. BOB GRAHAM, best position to determine the amount, the costs. States that have already approved U.S. Senator, Hart Senate Office Building, Washington, DC time lines, and the types of renewable energy these contracts are better able to address that would most benefit their retail rate- DEAR SENATOR GRAHAM: The purpose of this matter than the FERC. payers. This is particularly true in the case this letter is to let you know that the Flor- of States without cost-effective renewable (4) Federal Renewable Portfolio Standards. ida Public Service Commission has major resources. A one-size-fits-all standard will This requires that beginning with 2003, concerns with the 400-page Substitute likely raise rates for most consumers. each retail electric supplier shall submit to Amendment currently being addressed by (5) Consumer Protection. the Secretary of Energy renewable energy the Senate. It is extremely preemptive of The FPSC is concerned with language in credits in an amount equal to the required State Commission authority. If legislation Section 256 that requires that State actions annual percentage to be determined by the moves forward, we ask that it provide a con- not be inconsistent with the provisions found Secretary. For the year 2005, it will be less tinuing role for States in ensuring reliability in the bill. While the FPSC favors strong than 2.5 percent of the total electric energy of all aspects of electrical service—including consumer protection measures, preempting generation, transmission, and power delivery sold by the retail electric supplier to the States by Federally legislating retail con- services and should not authorize the FERC electric consumer in the calendar year. For sumer protections is not necessary. States to preempt States authority to ensure safe each calendar year from 2006 through 2020, it are better positioned to combat retail and reliable service to retail customers. abuses. States are partners with federal shall increase by approximately .5 percent. Also, we support the Kyl amendment on the agencies in these efforts to ensure consumer The Secretary will also determine the type renewal portfolio standard. protection. of renewable energy resource used to produce In particular, our concerns are: The critical role of State Commissions in the electricity. A credit trading system will (1) Electric Reliability Standards. the analogous area of implementing the Fed- be established. While a provision is estab- The substitute amendment would limit the eral Telecommunications Act provision lished to allow states to adopt additional re- States’ authority and discretion to set more against slamming (the unauthorized switch newable programs, we continue to have con- rigorous reliability standards than the Fed- of a customer’s primary telecommunications cerns. Thus, we strongly support the Kyl eral Energy Regulatory Commission (FERC) carrier) serves as a good example. The Fed- amendment which provides some flexibility over transmission and distribution. In fact, eral Communications Commission saw the to the States. the Substitute Amendment appears to pro- benefit of having State Commissions carry vide no role for States at all on transmission out the anti-slamming program. State Com- The FPSC believes that States are in the reliability. Yet, the Florida Legislature has missions are simply better situated and have best position to determine the amount, the carefully set out statutory authority for the a more in-depth understanding of the abuses time lines, and the types of renewable energy FPSC over transmission. in the consumer protection arena. As a re- that would most benefit their retail rate- If legislation moves forward, Congress sult, Florida’s slamming rules are actually payers. This is particularly true in the case should expressly include in the bill a provi- more strict and provide better remedies to of States without cost-effective renewable sion to protect the existing State authority the consumers than the FCC rules. We would resources. A one-size-fits-all standard will to ensure reliable transmission service. We like to retain the ability to take similar likely raise rates for most consumers. note that the Thomas amendment passed. steps in the energy area if warranted. The amendment appears to strengthen state It is our understanding that there are now (5) Consumer Protection. authority. In that regard, the amendment is 100–200 amendments. We are in the process of The FPSC is concerned with language in better than the overall bill under consider- reviewing all of them. In the meantime, Section 256 that requires that State actions ation. Our interpretation is that the amend- please call us with questions on them. We ap- not be inconsistent with the provisions found ment will not restrict state commission au- preciate that your staff has been in frequent in the bill. While the FPSC favors strong thority to adopt more stringent standards if contract with FPSC staff. necessary. In conclusion, we request that you take consumer protection measures, preempting these points into consideration as energy States by Federally legislating retail con- (2) Market Transparency Rules. This section is silent on State authority to legislation progresses. Please do not hesitate sumer protections is not necessary. States to call if we may be of further assistance. are better positioned to combat retail protect against market abuses, although it does require FERC to issue rules to provide Sincerely, abuses. States are partners with federal information to the States. State regulators LILA A. JABER, agencies in these efforts to ensure consumer must be able to review the data necessary to Chairman. protection. ensure that abuses are not occurring in the Mr. KYL. Mr. President, what those The critical role of State Commissions in market. two letters say is that the Kyl amend- the analogous area of implementing the Fed- (3) Public Utilities Regulatory Policy Act ment should be adopted and the Binga- eral Telecommunications Act provision (PURPA). man amendment should lose. They are against slamming (the unauthorized switch The FPSC supports lifting PURPA’s man- echoing the sentiments of a lot of other of a customer’s primary telecommunications datory purchase requirement, but States groups both in the private and public should be allowed to determine appropriate carrier) serves as a good example. The Fed- sectors. I have put in the RECORD some eral Communications Commission saw the measures to protect the public interest by addressing mitigation and cost recovery other letters from the public sector and benefit of having State Commissions carry associations that strongly support the out the anti-slamming program. State Com- issues. Thus, we do not support preempting State jurisdiction by granting FERC author- Kyl amendment. missions are simply better situated and have ity to order the recovery of costs in retail I wish to respond to some of the com- a more in-depth understanding of the abuses rates or to otherwise limit State authority ments from colleagues that have been in the consumer protection arena. As a re- to require mitigation of PURPA contract made in response to my presentation. sult, Florida’s slamming rules are actually costs. States that have already approved My colleague from North Dakota made more strict and provide better remedies to these contracts are better able to address the consumers than the FCC rules. We would the point that we should have a na- this matter than the FERC. tional energy policy just like the Clean like to retain the ability to take similar (4) Federal Renewable Portfolio Standards. steps in the energy area if warranted. This requires that beginning with 2003, Air Act and that is why we need a na- each retail electric supplier shall submit to tional energy bill. It is our understanding that there are now There is a difference between a na- 100–200 amendments. We are in the process of the Secretary of Energy renewable energy reviewing all of them. In the meantime, credits in an amount equal to the required tional policy and a Federal policy. We please call us with questions on them. We ap- annual percentage to be determined by the do have national problems, but not all preciate that your staff has been in frequent Secretary. For the year 2005, it will be less national problems are best solved by a than 2.5 percent of the total electric energy contact with FPSC staff. Federal solution. sold by the retail electric supplier to the In this case, we have a combination In conclusion, we request that you take electric consumer in the calendar year. For because we have clearly decided that these points into consideration as energy each calendar year from 2006 through 2020, it the Federal Government does need to legislation progresses. Please do not hesitate shall increase by approximately .5 percent. to call if we may be of further assistance. The Secretary will also determine the type be directly involved in the national en- Sincerely, of renewable energy resource used to produce ergy policy debate, but we do not say LILA A. JABER, the electricity. A credit trading system will —none of us says—the Federal Govern- Chairman. be established. While a provision is estab- ment should take it all over; it is a

VerDate 11-MAY-2000 02:57 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.034 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2061 Federal problem; therefore, we have a We do encourage, in a big way. We the economics are not there, even with Federal solution. are already doing the encouraging part. the substantial Federal subsidies. The Most of what we do as a nation we do The question is whether we should same is true with respect to geo- as private sector operatives, as State have both a carrot and a stick. I am all thermal and biomass. I would like to and local governments, and then, of for the carrot approach, but I do not burn more biomass in the State of Ari- course, the U.S. Government does a think the Federal Government should zona. It is not an efficient way to fair amount of directing and financing be taking a stick to people who buy produce power. The Btu content is not of programs, but clearly we cannot run electricity and say you have to buy 10 there. everything from Washington, DC. percent renewable power or we are So of these four basic energy sources, The Bingaman amendment does devi- going to make you pay for it. That is only wind power, the Department of ate from this otherwise pretty com- exactly what the Bingaman amend- Energy says, can really make a signifi- monsense approach to American life by ment does. cant difference. That is a fact. saying: This is not just a national What the Kyl-Miller amendment says What is the importance of that fact? problem; we do not need just a national is, let the States decide. If we are going Well, first of all, the Senator from solution, we need a Federal solution to to have a national policy for this na- South Dakota and the Senator from the point that we are going to man- tional problem, then let’s let all the North Dakota are sitting pretty good date, compel, require, under penalty of States within the country decide what when it comes to production of elec- law, that you will produce 10 percent of is best for them. tricity from wind power, it would seem, your power through renewable sources I am intrigued by the chart that is on and maybe a couple of other States or else. the easel behind the distinguished which I cannot quite see on that chart. I actually misstated that a little bit. chairman of the Energy Committee. Maybe northern Idaho, it looks like, It is not produce, it is sell. We are re- The Senator from North Dakota used and it looks like a little piece of Okla- quiring that the retailer account for that chart to illustrate that we have homa. I hear the wind blows pretty 100 percent of the power sold so that potential renewable resources through- well there, and I think there is a red you can prove to the Department of out the country. dot where Oklahoma is, but that is Energy that 10 percent of that power He demonstrated that by pointing to about it. The rest of us do not appear sold came from renewable sources. You four different kinds of renewable en- to have a great deal of capacity to gen- do not have to produce it yourself. You ergy power source. Biomass and solar, I erate by wind power. either have to buy it from somebody guess that is the one that is very What does that mean? That means a who produced it or you have to buy bright red down in my part of the coun- transfer of wealth from all of the other credits from somebody who produced it try. Then geothermal in the lower left, parts of the country into those regions. or you have to buy credits from the De- and wind power in the lower right, and I am not suggesting the proponents partment of Energy that does not certainly in the State of North Dakota of the legislation all are from those produce anything. But if you are will- there is a bright red color, the Saudi particular States. That is not true. But ing to assess your retail customers for Arabia of wind power in North Dakota, it is true that those who would utilize that, then you can get away without and in South Dakota, it seems. that resource in those areas would What one can see from those four producing it yourself. stand to gain the most. That is why I charts is the renewable opportunities Either way, the energy is going to ask my colleagues to consider the dis- are very divergent around the country. cost you something; it is going to cost crimination that exists in this legisla- They are distributed not fairly in one them something. In one case, you actu- tion. If we left it to the States to de- sense but in a very disparate way. ally have to buy it from somebody, The distinguished Presiding Officer cide what percentage to set and how to and, in the other case, you have to buy does not have much of a shot, it seems, define the renewable so as to take ad- it from somebody or the Department of for wind power or geothermal power or vantage of what is available in their Energy. There is a big difference be- solar power, but there might be some locales, and how to set the timeframe tween having a national policy and good biomass opportunities. I certainly so they could achieve some reasonable having a Federal mandate. hope so, because it is going to have to level, that would be one thing. That is There are a lot of items in this bill be produced or credits are going to what we have done. Fourteen of the that are OK, and they have national have to be bought from somebody else States, including my State of Arizona, scope to them. There are a lot of items who can produce it. do have a renewable requirement. If we in the President’s plan that are na- The real story behind these four mandate at the Federal level, we are tional in their scope, but they do not charts is not the disparity and the fact saying in Washington we know best for all provide for Federal mandates, and there are winners and losers and there the entire country and this is a one- that is a distinction we need to make. will have to be trading among the size-fits-all proposition now, we are As a matter of fact, the Senator from States, but according to the EIA report going to define what counts as renew- Washington just talked about the need dated February 2002—that is the En- able and, by the way, hydropower does for Federal encouragement. In fact, her ergy Information Agency of the De- not. That is the first big difference. exact statement was: We need a policy partment of Energy—on page 16, and I We know full well going into this to encourage the use of renewable en- am quoting, only wind capacity is pro- that only one of these sources, wind ergy as part of a 21st century national jected to make significant change be- power, has a chance to really make a plan. I agree we need to encourage, but tween the renewable portfolio standard significant difference anytime in the there is a big difference between en- and the baseline, or the status quo. foreseeable future. So the reality is we courage and require. In other words, of all of these renew- are not talking about renewables, we The encourage part we already have ables—solar, geothermal, biomass, and are talking about wind. in the law. As a matter of fact, under wind—that have been examined by the As I said before, I would kind of like this bill we are actually extending and Department of Energy, the only one to know who the winners and losers are expanding the tax credit that we cur- projected to make a significant change if we are going to pass this bill. I do rently provide for renewable energy is wind power. There are a couple of not want to buy a pig in a poke. sources to encourage greater produc- reasons for that. The amount of the There was a lot of talk about Enron tion of that renewable energy. In fact, subsidy that has been used to develop investing in certain kinds of energy it would not make any economic sense the wind power industry and the gen- and then trying to get the Federal Gov- to produce this without the Federal eral efficiencies with respect to wind ernment to make everybody else trade Government subsidy of 1.7 cents per power make it the only one economi- in that particular energy or to make it kilowatt hour, for example, for wind cally viable, even close to being eco- easier to trade in that energy, and generation. One could not compete in nomically viable, as a producer of mass there were a lot of us in the Senate and wind generation without this Federal amounts of energy of the four basic re- elsewhere who criticized a Federal pol- tax credit which provides roughly 40 newables. icy that would have favored a par- percent of the cost of the production of As much as we would like to produce ticular entity or group of entities with- the power. it from solar power in the Southwest, in our economy. That should not be

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.103 pfrm02 PsN: S19PT1 S2062 CONGRESSIONAL RECORD — SENATE March 19, 2002 what the use of Federal power is all next because the only real renewable No. How about solar? Can you get solar about. that can be utilized under this legisla- power when the Sun does not shine? If we are going to talk about deregu- tion, according to the Department of No. That is why with all of the so- lation as the goal in this legislation, Energy, is wind power, and the oppor- called renewables, because they are not why would we be imposing a brandnew tunities for that are somewhat limited. as sure a thing as the other sources— kind of regulation over the market As a result, to those who say we need which is why we use the other that mandates that fully 10 percent of a national policy, I say, yes, we need a sources—we have to combine them the energy has to come from a par- national policy, not a Federal policy, with some other source. We have to ticular source—in this case, the re- one that takes into account all of these combine them with a storage capacity ality, wind? That is what the Depart- differences. So let us stick with the or some other source so when the Sun ment of Energy says is the only renew- State option that currently exists. is not shining, where the wind is not able that can make a significant dif- Tomorrow our colleague from Texas, blowing, or the water is not flowing, ference as part of a renewable port- Senator GRAMM, is going to address the you have stored the energy or you have folio. It only exists in a few parts of allegation that this bill is, after all, an alternative source to provide that the country in abundance, apparently. patterned after the Texas legislation, energy. That is one of the reasons So who are the winners and losers? so what could possibly be wrong with these are not part of the baseline en- What are the people in other parts of it? Well, somebody from Texas can ex- ergy production in the country. the country going to have to pay to the plain what the Texas legislation does, Think about it. It is why you would producers in this limited area of the and I will let Senator GRAMM do that, not want to have too much dependence United States for the privilege of con- but I would note the first point, which on these unreliable resources. We call tinuing to generate power from oil or is that Texas did something on its own them renewable because we know there gas or coal or nuclear or hydro? for the State of Texas does not mean will always be wind, sun, and water, What are we going to have to pay to therefore that the Senate should say but you do not know exactly when or those areas that have the benefit of a everybody else has to do the same where. lot of wind in their State? Nobody thing. I daresay, as much as I like We have an almost inexhaustible sup- knows for sure. The Department of En- Texas and Texans—I did not say how ply of coal in this country and we have ergy calculates the gross cost at about much; I said ‘‘as much as I do’’—I am spent millions to generate clean coal $88 billion for the first 15 years; $12 bil- not willing to say whatever Texas does technology. We are producing a very lion each year thereafter. Of what is is what everybody else in the country large percentage of power in this coun- that cost comprised? It is the equiva- should be mandated to do. So bully for try on clean coal. We added scrubbers. lent of credits or penalties. In other Texas. We demand all kinds of things that words, one is either going to have to Arizona has a standard as well. I am take the pollution out of the air. We produce it or they are going to have to not really keen on mandating that the now produce very clean power with rest of the country do exactly what Ar- buy a credit—and they estimate what coal. that credit will cost—or they will pay izona did. So I am not much impressed Natural gas is even cleaner. It is by the fact that part of this is pat- a penalty because they did not do one available where we are able to provide terned after what Texas did. The Sen- of those two things. They calculate the the exploration. Today we have an ator from Texas will point out why it cost of that at $88 billion, plus $12 bil- abundant supply of natural gas. And, of really is not that much like the Texas lion a year thereafter after the first 15 course, nuclear is virtually inexhaust- plan. ible. We can produce nuclear power en- years, after the year 2020. That is a Leaving that aside, it is irrelevant. ergy for centuries to come. It is the huge cost passed on to the retail con- The fact that one State did it a certain cleanest burning fuel, in effect. It pro- sumer. way suggests to me that the State There is also some evidence that if found a way to make it work for itself duces no pollution whatever. Its supply that much of the market replaces other and other States ought to look at it, is virtually inexhaustible. energy sources, and there is a big foot- To those who say we should diversify too. But the State of Maine did not in order not to be dependent upon a note here, the question is: Will it re- copy Texas. Maine has a 30-percent re- particular source of energy, and use place or will it be providing additional quirement. Should we pick Maine in- the example of hydropower, I say you energy because the energy needs of the stead of Texas as the great example to are absolutely right; that is why we do country will grow over time? Let us as- follow and require everybody to have 30 sume we remain static, stagnant, and percent? If 10 percent is good, why not not rely upon these renewables. They therefore the universe is exactly what 30 percent? I ask my friends, if the ob- are not dependable, as are the other we can envision today; we actually re- ject is to diversify, if 10 percent is major sources of electrical generation place some natural gas or coal. The good, why not 30 percent? in the country today. idea is the cost of that fuel will then go One of my colleagues said the United Why should the Federal Government down because there is not as much de- States is too dependent on coal and be mandating unreliable sources for mand for it, and so the people who get natural gas. I have an answer. We can generation if we want to become more generation from those sources will be drill for oil at ANWR and produce more energy dependent and diversify our ca- paying less because there will be lower nuclear power. That is a great way to pacity and have greater ability to be fuel. As a theoretical proposition, that diversify. assured of power production in the fu- cannot be argued. There is a problem. One of my col- ture? This is folly. This is like going I suggest we have done no cost-ben- leagues from Washington State said: back to the 18th century. Windmills efit analysis. The committee has not We need to diversify because in the are great. If you are in the middle of looked at this. We really do not know Northwest, where we rely so much on ranch country, you have to have a what might happen 25 years out into hydro, we are getting killed by the windmill to pump the water. It is a the future in terms of the market price drought. And it shows there won’t be as great way to do it. But it is not a great of these various kinds of fuels, but we much hydro available, so we need to di- way to generate thousands of do have pretty good numbers as to versify. megawatts of power to serve our great what the penalties and the credits are Let’s examine that. We get some hy- cities in the United States in the 21st going to cost because they are fixed in dropower in the State of Arizona, but century. At best, it is a supplemental the statute. we have diversified by relying a lot source of power and we encourage it. As a matter of fact, one could buy more on nuclear, oil, and coal. We We provide tax credits for it. the credits from the Department of En- know there can be a drought and there- The Kyl amendment will permit cus- ergy at a very specific 200 percent of fore that renewable is not as much of a tomers to say this is what we want, market or certain kilowatts per hour. sure thing as our coal supply, our nat- and if they want it, the States let them So the costs are going to be significant ural gas supply, or our nuclear energy buy it at cost. I don’t think we should to the retail purchasers of power. supply. be mandating all sellers of electricity There is going to be discrimination How about wind? Can you get wind have to provide more and more and from one part of our country to the power when the wind does not blow? more of their power from less and less

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.105 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2063 and less reliable sources—all in the out of this hydrodam in the future. We to sell and I can’t figure out a way to name of diversification and a new en- will let you count that incremental make people buy it. I know, I will get ergy policy that is going to make us savings, that economy that you ef- the Federal Government to pass a law ‘‘safer’’ and less reliant upon others? It fected or the additional production, as to say people have to buy it. That is does not make any sense. going toward the renewable. Why do we the way I will take care of my invest- There was a suggestion that the Fed- discriminate in that way? Why do we ment. eral mandate is not a preemption of count solar twice as much as geo- That is wrong and that is what a few the State plans. I beg to differ with my thermal? Why do you get twice as people are urging us to do. I am not colleague. It certainly preempts the much credit on an Indian reservation? talking about people in the body here, States that have decided to have no re- It looks as if there was a lot of looking of course. I am talking about some newable portfolio and preempts those at special interests and politics and folks on the outside. They have the that want a different kind of standard issues such as dealing with the point of good fortune of having a resource they than the Federal standard. There may order issue rather than sound policy. would like to be able to sell. They be some things in common with some They talk about national energy pol- would like to make some money on it of the States that provide a require- icy. This looks to me as if it is a lot and they haven’t been able to do it ment but only to the extent is it not more than a national energy policy. that well yet because it is not that eco- preemption. To a far greater extent it There are a lot more different consider- nomical. The way they get it done is to is preemption. ations than would go into a real na- have Congress pass a law to say you To say it does not transfer wealth tional energy policy. have to buy it. I don’t think that is from one part of the country to an- I hope my colleagues who have al- what the Federal Government should other clearly is erroneous. It will re- ready said to some folks—and I ac- be all about. We are going to be taking up cam- sult in that disparity and differential knowledge this—I need a green vote, I paign finance reform tomorrow and my treatment. need to show I am pro-environment, colleague, Senator MCCAIN, has made a I also pointed out other discrimina- that being for renewable energy will point that I totally agree with him on, tory features: this does not apply to demonstrate that, I hope they ask that the real problem here ultimately governmental entities such as Bonne- themselves the following questions: is that the Federal Government has be- ville and TVA or other governmental What are all of my constituents who come so powerful now that everybody producers but investor-owned utilities. buy power going to think about that? I comes running to the Federal Govern- Why? What is the policy rationale for suggest that is almost everybody who ment to seek special benefits because that? I happen to know, so I will ex- is eligible to vote. You might want to the Government can grant those bene- plain. please an energy company here or fits. It becomes very valuable after a If it had applied to the governmental there or some environmental group while, so people decide they want to entities, that part of the bill would here or there. But you are going to spend money influencing governmental have been subject to a point of order have to be accountable to all of the policy. because it constitutes an unfunded people who use electricity in your In the abstract that is fine. We un- mandate, imposing huge costs on those State. derstand that is the way it is in a de- governmental subdivisions which under For those who are going to have to mocracy, and there is nothing wrong our law, now at least, we cannot do buy credits from elsewhere, it is going with spending money to influence Gov- without subjecting that proposal to a to cost and they are going to wonder ernment policy. But when you have a point of order by the Members of the why their power bills have gone up. If lot of money and you can influence the body. To avoid that point of order, the that is the way you are inclined to Federal Government to make people sponsor of the amendment wisely re- vote, you are going to have to be pre- buy something that you have to sell moved those utilities from the require- pared to explain that to them. I dare- that you could not sell to them other- ment of renewables. That creates a say there are probably going to be wise, that is wrong. It is an abuse of great imbalance. The investor utilities some political opponents or people in power. Frankly, it is something that have to comply. the media who are going to remind the we as Senators should not coun- The public sector utilities do not folks about how this happened. So that tenance. have to comply. That is not fair. I is the first thing I think you are going We should say to those people: Look, guarantee we will see the customers of to have to answer; you are going to go develop a product that can sell. We one screaming because they have high- have to answer to the people who buy have already given you a big tax break. er utility bills. the power at greater cost because you If you can’t sell it based upon that and I take my hat off to the municipal needed to have an environmental vote. you can’t convince the State utility power producers that have written let- Second, there is the matter of dis- commissions or Governors or legisla- ters saying, notwithstanding the fact crimination. How are you going to be tors to mandate a particular level of we are temporarily out of this bill, we able to explain that it is going to cost renewable energy resource in your own still think it is a bad idea. It is not fair you, but it doesn’t cost somebody else State, don’t come to the Federal Gov- for our competitors that we have an in the country, just because of where ernment and ask us to do your work for advantage over them. And besides that, you happen to live and where the wind you by forcing everybody to buy your we are not too sure you will not try to happens to blow? You are going to have product. come back and do it to us at a later to explain that. That is wrong. That is what creates time. Frankly, to the extent solar power the problem with the campaign finance I appreciate their willingness to help could be produced in my State, I could issue—we make the Government so out their competitors. There is prob- say I am really for this and I might powerful that it can make or break ably some self-interest in it, but it does benefit. The problem is, we don’t have businesses and therefore they all come not matter. They are right. that much wind potential, as a result rushing to us to get us to change Fed- There is also discrimination with re- of which we are still going to be losers, eral policy and to use it as a hammer spect to States such as Maine that so it wouldn’t matter anyway. rather than as an inducement. have a huge hydro generation right I don’t want to make somebody else I hope my colleagues will be able to now. They call that a renewable. But suffer to buy a product I produce ex- answer these questions when they vote the Bingaman amendment does not. cept at the marketplace. If people need and that they will conclude we are Maine says hydro is good; This is a re- to buy what I can make available be- really better off at this point in our newable source and we count it toward cause they need it and the market is history saying: We are not ready for an our 30-percent requirement. The Binga- open to their purchase of it, then that absolute Federal mandate. It is better man amendment says, no, we do not let is great and I am willing for Arizona to let the States decide this. With the you count that for this Federal stand- companies to make some money on encouragement that we provide ard. The only thing you can count is if that. But I don’t want to use the Fed- through the tax incentives, we will see you somehow rewind the generators eral Government as my hammer, as my what kind of progress we can make to- there and get a little more capacity agent, to say I have something I want ward the goal that we want. Then we

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.108 pfrm02 PsN: S19PT1 S2064 CONGRESSIONAL RECORD — SENATE March 19, 2002 will reevaluate it to see if we really given the term in section 301 of the Energy Senator MCCAIN, Senator FEINGOLD, want to impose something on the Policy Act of 1992 (42 U.S.C. 13211). and I have agreed to. This is the first American purchaser of electricity. (D) SECRETARY.—The term ‘‘Secretary’’ time in the history of this debate, over As I said before, we have to be very means the Secretary of Energy. all of these years, that the three of us careful about mandating the use of un- (2) BIODIESEL CREDIT EXTENSION STUDY.—As soon as practicable after the date of enact- have actually agreed to something. reliable energy sources. The renew- ment of this Act, the Secretary shall con- Regrettably, it has now been objected ables, with all due respect to those who duct a study— to by someone else on that side of the think they are the great wave of the (A) to determine the availability and cost aisle. I say to my friend, the assistant future, renewables provide some capac- of light duty motor vehicles that qualify as majority leader, I hope at sometime ity for diversification, some ability to alternative fueled vehicles under title V of during the course of the day tomorrow produce power in the future, but they the Energy Policy Act of 1992 (42 U.S.C. 13251 we can get that objection cleared up et seq.); and should not be considered a good idea and hopefully Senator MCCAIN, Senator (B) to compare— for baseload or for any significant por- FEINGOLD, and I will offer a unanimous tion of power requirements as a man- (i) the availability and cost of biodiesel; with consent agreement tomorrow related date because they are simply not that (ii) the availability and cost of fuels that to this technical package which the reliable. qualify as alternative fuels under title V of three of us have agreed to and hope- I hope colleagues will consider sup- the Energy Policy Act of 1992 (42 U.S.C. 13251 fully we can work out some way tomor- porting the Kyl amendment, and, as a et seq.). row to clear that as well. result of that, it will eliminate the un- (3) REPORT.—Not later than 1 year after But I have no objection to this pack- the date of enactment of this Act, the Sec- derlying Bingaman amendment. age as far as it goes. The only caveat I The PRESIDING OFFICER. The Sen- retary shall submit to Congress a report issue is that we hope to be able to ator from New Mexico. that— Mr. BINGAMAN. Mr. President, I (A) describes the results of the study con- achieve yet another consent agreement have a unanimous consent request, ducted under paragraph (2); and tomorrow, to move a technical package that amendment No. 3023 be modified (B) includes any recommendations of the out of the Senate. Secretary for legislation to extend the tem- with the language that is at the desk. The PRESIDING OFFICER. Is there porary credit provided under subsection (a) objection? Without objection, it is so This modification is technical in na- beyond model year 2005. ture. ordered. Mr. BINGAMAN. Mr. President, I The PRESIDING OFFICER. Is there Mr. REID. Mr. President, I am grate- objection? Without objection, it is so know my colleague from Nevada is ful to the Senator from Kentucky for ordered. here to speak on this amendment, so I his work on this issue. It has been a The amendment (No. 3023), as modi- yield the floor to him. very difficult thing for him, but he has fied, is as follows: The PRESIDING OFFICER. The Sen- persevered and we have gotten to the (Purpose: To expand the eligibility to receive ator from Nevada. point where we are now and look for- biodiesel credits and to require the Sec- f ward to trying to work on the other retary of Energy to conduct a study on al- UNANIMOUS CONSENT problem that he mentioned today. ternative fueled vehicles and alternative AGREEMENT—H.R. 2356 I will be very brief. I know the hour fuels) is late. I say to the Republican man- Mr. REID. Mr. President, I have a On page 185, strike lines 9 through 14 and ager of this legislation that at such unanimous consent request I would insert the following: time as the Senate gets back on this SEC. 817. TEMPORARY BIODIESEL CREDIT EX- like to propound to the Senate. I see legislation, the first thing that will be PANSION. my friend from Kentucky, who has done is move to table this Kyl amend- (a) BIODIESEL CREDIT EXPANSION.—Section spent so much time allowing us to ar- 312(b) of the Energy Policy Act of 1992 (42 ment. I explained that to the floor rive at this point. I hope we can work U.S.C. 13220(b)) is amended by striking para- staff. I have explained that to Senator this out for everyone’s benefit. graph (2) and inserting the following: KYL. But we thought, rather than Mr. President, I ask unanimous con- ‘‘(2) USE.— doing that today—we had the right to sent that at 10 a.m. tomorrow, that is ‘‘(A) IN GENERAL.—A fleet or covered do that earlier today—that there was person— Wednesday, the Senate resume consid- interest in this. Even though we had ‘‘(i) may use credits allocated under sub- eration of H.R. 2356, the campaign fi- the right to do that, we wanted to section (a) to satisfy more than 50 percent of nance reform bill, with the time until 1 make sure everyone had an oppor- the alternative fueled vehicle requirements p.m. equally divided between the lead- of a fleet or covered person under this title, tunity to speak on this. People can ers or their designees prior to the vote title IV, and title V; but speak as long as they want on this to- on the motion to invoke cloture, with ‘‘(ii) may use credits allocated under sub- night. section (a) to satisfy 100 percent of the alter- the mandatory live quorum under rule XXII being waived; further that, if clo- But I do say that as soon as we get native fueled vehicle requirements of a fleet back to this legislation, unless there is or covered person under title V for 1 or more ture is invoked, there be an additional of model years 2002 through 2005. 3 hours of debate equally divided be- some kind of an agreement that we will ‘‘(B) APPLICABILITY.—Subparagraph (A) tween the two leaders or their des- vote on this motion where we would does not apply to a fleet or covered person ignees, that upon the use or yielding have 10 minutes equally divided or 20 that is a biodiesel alternative fuel provider back of time, the Senate vote on pas- minutes equally divided, something described in section 501(a)(2)(A).’’. reasonable, the majority leader will (b) TREATMENT AS SECTION 508 CREDITS.— sage of the act with no amendments or motions in order, with no intervening seek recognition to move to table be- Section 312(c) of the Energy Policy Act of cause we have spent enough time on re- 1992 (42 U.S.C. 13220(c)) is amended— action or debate; further, if cloture is (1) in the subsection heading, by striking not invoked this agreement is vitiated. newables. ‘‘CREDIT NOT’’ and inserting ‘‘TREATMENT I further ask unanimous consent that AMENDMENT NO. 3038 AS’’; and immediately after final passage of the Mr. President, I feel very strongly we (2) by striking ‘‘shall not be considered’’ bill, the Senate proceed to the imme- need to diversify the Nation’s energy and inserting ‘‘shall be treated as’’. supply by stimulating the growth of re- (c) ALTERNATIVE FUELED VEHICLE STUDY diate consideration of a Senate resolu- AND REPORT.— tion, the text of which is at the desk, newable energy. (1) DEFINITIONS.—In this subsection: and that the resolution be agreed to America’s abundant and untapped re- (A) ALTERNATIVE FUEL.—The term ‘‘alter- and the motion to reconsider be laid newable resources are essential for the native fuel’’ has the meaning given the term upon the table. energy security of the United States, in section 301 of the Energy Policy Act of The PRESIDING OFFICER. Is there for the protection of our environment, 1992 (42 U.S.C. 13211). objection? The Senator from Kentucky. and for the health of the American peo- (B) ALTERNATIVE FUELED VEHICLE.—The Mr. MCCONNELL. Reserving the ple. term ‘‘alternative fueled vehicle’’ has the meaning given the term in section 301 of the right to object, and I am not going to We should harness the brilliance of Energy Policy Act of 1992 (42 U.S.C. 13211). object, I say, once again, that what is the Sun, the strength of the wind, and (C) LIGHT DUTY MOTOR VEHICLE.—The term missing from this consent agreement is the heat of the Earth to provide clean, ‘‘light duty motor vehicle’’ has the meaning a technical corrections package which renewable energy for our Nation.

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.115 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2065 I rise in opposition to the amend- lars it takes to build a power plant. are more expensive than conventional ment by Senator KYL to strike provi- The cost is other things including envi- power sources, including nuclear. But I sions in this important legislation that ronmental and health effects. What would just mention in passing, no elec- would establish a renewable portfolio does it do to foul the air? What does it tric utility of which I am aware—I standard. The prospect of passing an do to people’s health? What does it do could be wrong—has ever declared energy bill without a renewable port- to the environment? bankruptcy because of investments in folio standard, to me, is embarrassing. That is why we need more alter- renewable energy. But I do know that It should be, I would think, to the native energy. It is more than just the El Paso Electric, on the other hand, country. cost that we see in dollars and cents was driven into bankruptcy by its in- We have already told the automobile that you can add up when you build a vestment in the Palo Verde nuclear industry to build the cars as big as plant. It is the dollars and cents in peo- plant in Arizona. they want, using as much gas as they ple’s health, people’s comfort. I think we need to be aware of the want. We are not going to increase fuel Eldorado Valley used to be as clear volatile nature of the supplies and efficiency standards. So I think we can as the complexion of a newborn baby. price of natural gas. There have been at least go this step further. Not anymore. So the potential for re- charts shown earlier today where you In the United States today, we get newable energy in real terms is signifi- see the amount of natural gas that is less than 3 percent of our electricity cant. going to be used in the future. from renewable energy sources about Senator DORGAN from North Dakota From 1970 up until 2020, natural gas which I have spoken—wind, Sun, geo- has talked about wind. The ‘‘Saudi is just going up in consumption, but thermal, and biomass—but the poten- Arabia in America for wind’’ is North the price variables during that period tial is much greater. Dakota. The ‘‘Saudi Arabia in America of time, because of supply and demand, This visual aid in the Chamber says for geothermal’’ is Nevada. We need to have been really like a teeter-totter. it all. change what we have been doing in the With renewables, you do not have that. In Nevada, we have great resources past and diversify the Nation’s energy You have price stability. for geothermal. If you look on the map, supply. I am a big fan of coal. We have a lot you’ll see that we also have wind all My State could use geothermal en- of resources in America for coal. But I over the State. As the Senator from ergy to meet one-third of its elec- am for clean coal technology. We Alaska has heard me say, Nevada is the tricity needs—a State which will soon should be spending more, not less, most mountainous State in the Union, have 2.5 million people—but today this money on clean coal technology. In the except for Alaska. We have over 300 source of energy only supplies about United States, we have more coal than mountain ranges. We have 32 moun- 21⁄2 percent of the electricity needs in the rest of the world. We need to figure tains over 11,000 feet high. By Alaska Nevada. out a way to use coal that burns clean. standards, I guess that is not very I have said before that I remember We have not done a real good job on high. We have one mountain that is the first time I drove from Reno to that. We have made progress, but we 14,000 feet high. By most standards, Ne- Carson City. I saw this steam coming need to do more. vada is a pretty mountainous part of out of the ground. I thought, what is I hope we defeat the Kyl amendment. the world. that? I had never seen anything like I cannot imagine an energy bill that In many of those areas we already that. It was heat coming from the has no renewable energy in it. I heard have people who are beginning the de- depths of the Earth. Every puff that people get on the floor and say: Well, velopment of wind farms, especially came out of the ground was wasted en- we have to look at this State by State. with the production tax credit that was ergy. We need to harness that steam Some States are more able to produce passed for wind energy as part of the energy and produce electricity. alternative or renewable energy. That economic stimulus package. So, the Other nations are doing better than is probably true, but remember, we are credit for wind energy has been re- we are doing. We started out doing not saying, in this legislation, it has to newed, which is good. There is a 260- great, but now we are falling behind. be State by State. We are saying utili- megawatt wind farm being constructed They are using a lot of equipment that ties have to do that. As we know, we at the Nevada test site, as we speak. So we have developed. We need to stimu- have excluded co-ops and a lot of the there really are a lot of resources in late the growth of renewable energy smaller producers. Nevada and around America for this al- and become a world leader. But there is no reason in the world ternative energy. Drawing energy from a diversity of these big utilities should not use re- My friend, who I have the greatest sources will protect consumers from newables for part of their portfolio. respect for, the junior Senator from energy price shocks and protect the en- That is what we are saying. It is not a Arizona, has talked a lot about the vironment from highly polluting fossil State by State issue; it is a utility by cost in dollars of renewable energy. It fuel plants. utility issue. reminds me that many years ago there Fourteen States have already en- I hope we resoundingly defeat the was a company called the Luz Com- acted a renewable portfolio standard, Kyl amendment. If there were ever an pany, which was in Eldorado Valley, including Nevada, which has the most amendment that deserves defeat, it is near Boulder City, NV. In this big val- aggressive standard in the Nation. the Kyl amendment. We need to en- ley, they wanted to build a big solar I hope the Senate will be willing to courage the growth and development of energy plant—about 400 megawatts. establish a national portfolio standard renewable energy resources in our They went to the Nevada Public with achievable goals. I support Sen- great country. Service Commission, and they were ator BINGAMAN, but I think his goal of The PRESIDING OFFICER (Mr. NEL- turned down. Why? Because, in effect 10 percent is too low. I supported Sen- SON of Nebraska). The Senator from at that time there was a law and a reg- ator JEFFORDS’ amendment. I think we Alaska. ulation by the utilities commission should go for 20 percent. Mr. MURKOWSKI. Mr. President, I saying that you had to have power pro- In Nevada, we are going to require 15 have listened very carefully to my good duced that was the cheapest. Solar was percent of the State’s electricity needs friend, the majority whip, and I am not the cheapest in actual dollars. But be met by renewable energy by the certainly fascinated by the example he it is cheaper in many ways when it year 2013. That is pretty quick. has given with regard to geothermal. comes to providing clean air for my We must diversify the Nation’s en- Geothermal has a tremendous poten- children and grandchildren who live in ergy supply by stimulating the growth tial in certain parts of the United Las Vegas. of renewable energy. This is essential States. One of the problems, however, What has happened? In that valley to the energy security of the United is that a lot of our geothermal is adja- today they have natural gas plants. States, the protection of the environ- cent to or in national parks. Clearly, They are clean, but they are not as ment, and the health of the American there is a tradeoff there as to whether clean as solar energy. I think it would people. or not we want to develop that. But in have been wonderful to build that solar My friend from Arizona, the junior many cases, particularly out in Cali- facility. The cost is not always the dol- Senator, has stated that renewables fornia, there has been enough public

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.125 pfrm02 PsN: S19PT1 S2066 CONGRESSIONAL RECORD — SENATE March 19, 2002 pressure to suggest that this natural on coal and natural gas. I would be to those of us out West. This is to dis- phenomena should remain untouched. happy to be corrected, but I believe courage harvesting in the national for- As a consequence, to a large degree the that was the statement made by the ests. potential has not been realized to the chairman. We can do something about What are you going to do in my State extent it might have. that if we wish. We could concentrate of Alaska? I don’t have any nonpublic I am also inclined to question the on nuclear energy. I don’t see any timber. We have two forests. We would tactics and the strategy of the Demo- great support for nuclear energy in this have to, under this legislation, go out cratic side relative to the announce- package, even though it is clean and and buy credits. We couldn’t make bio- ment that the amendment is going to the consequences of any air quality mass because all our timber, all our be tabled. That sounds like a fishing emissions are nonexistent. We have a sawdust, all our mill ends come from expedition to me. They are going to problem with the waste, but everything those forests. Let’s get realistic. make a determination of just where seems to have a tradeoff. I will have to offer an amendment, the votes are, and it might make it Certainly, we could go to my State and I am prepared to do it. easier for some Members to simply jus- and open up ANWR. That would ad- Let me read what it says here. This is tify their vote by saying, well, we ta- dress dependence on coal and natural on page 6: bled it. That doesn’t really mean that gas. With respect to material removed from the we have a position one way or another But we have to recognize the role of national forest system lands, the term ‘‘bio- on it. coal in this country. The United States mass’’ means fuel and biomass accumulation Mr. REID. Will the Senator yield for is the Saudi Arabia of coal. U.S. coal, from precommercial thinning, slash and a comment? for all practical purposes, is never burn. Mr. MURKOWSKI. Without losing going to run out. The question is the That is the limitation. You can’t use the floor, I will. technology of cleaning up the coal. the residue from a commercial tree Mr. REID. Of course. We would be I notice a good deal of attention has that you take out of the forest. happy if Senator KYL and/or the Sen- been given to the chart of the major- That is inconsistent with the utiliza- ator from Alaska wanted to have an ity. That chart was rather interesting tion of the product. What are you sup- up-or-down vote. We would agree to because it proposed biomass. Let’s not posed to do, waste it? Save this and that also. make any mistake; I don’t think a lot waste that? Mr. MURKOWSKI. All I know is that of people know what biomass is. The chart wasn’t ours, but it was an I was advised that the majority had Biomass is primarily wood waste. interesting chart because it showed made the decision to table it. I was not What do you do with wood waste? You biomass. And, again, biomass is not the aware that the minority had made the burn it. And when you burn it, you gen- magic it is cracked up to be because decision. I can only comment on what erate heat. The heat generates, in the you have to burn it. To burn it, you I have heard. In any event, I would cer- process of generating in a boiler, have emissions. Because of emissions, tainly honor the statement by the steam. The steam goes into a turbine, you have to address air pollution. Air whip, as well as Senator KYL, as to just and it generates electricity. pollution means technology. Tech- how this is disposed of. But if indeed But is it magic? No, it has tremen- nology means cost. Don’t think you are the commitment and the agreement is dous emissions. I know in my State, a going to get a free ride with biomass. that we will have a tabling motion, it few small sawmills that, by the Envi- Solar works great in Arizona and appears we will have a tabling motion. ronmental Protection Agency, have New Mexico, the Southern States. It Again, I remind my colleagues, that been mandated to burn their waste. doesn’t work in Barrow, AK. We have a kind of determination, in my opinion, They have to use so darn much fuel oil long dark winter where the sun never is a bit of a finesse. There is other ter- to get it hot enough to burn that the rises above the horizon for about 3 minology I could use. Members have economics are out the window. months. Solar has an application, I different ways of justifying tabling mo- Another thing that I can’t under- grant you. I don’t belittle it. But nev- tions. We are all quite aware of it. I stand why the majority doesn’t face up ertheless, the footprint is pretty broad. would prefer to see an up-or-down vote. to is the provision in here that says You would have to cover several States We have had a good debate on this you can’t use any wood waste from with solar panels to equal what I can issue. Some of the things, however, public land. What does that mean? produce from ANWR in 2000 acres. I can that I think we have overlooked are, In my opinion, that is another fi- produce 1 million barrels a day, and it this isn’t the first time we have come nesse. I have another word for it, but I would take somewhere in the area of up with renewables in this country or shall refrain. It simply is in response to two-thirds, three-quarters of the entire discussed it or debated it or argued the America’s environmental community. State of Rhode Island. merits. Clearly, there is a tremendous It doesn’t want any timber harvesting We had some discussion earlier today merit to renewables. But the question in the national forests, which is where relative to wind generation. Wind gen- is, How fast and how far can we move? the public lands are. It says you can’t, eration has an application. I think one I am told that about 4 percent of our in your biomass mix, use anything of the tremendous application of wind entire energy mix comes from renew- from the national forests other than generation is using it to fill dams. In ables. That includes hydro. Two per- residue that has come from thinning. other words, the technology is rel- cent of our electricity is generated In other words, you can have a mill atively simple because when the wind from renewables. That is significant as that has a timber sale in the forest, blows, the wind powers electric pumps well. But, clearly, when you under- and they have mill ends, they have or generators that pump water from a stand we have spent some $6.5 to $7 bil- bark, they have sawdust. In this legis- lower area to an upper area. And then lion investing in renewables, in tax lation, you can’t use it. you have the fall into the turbines and credits, in subsidies, in loans, I am sure That is not a practical way. The spe- you can generate. There is a lot of it is well spent, but we have had a rea- cific reading deserves to go into the thought that says that some areas near sonable concentration. RECORD. These are the things that are saltwater, where you have canyons and So as we look at the mix now and wrong with this particular bill. That is so forth, you could theoretically dam say, here we are going to have a man- why I think it is so important to recog- up a little inlet where you have wind, date, a 10-percent mandate, we ought nize the contribution of the Kyl and you could have the wind gener- to look at just what the cost of this is amendment. We will pick that up in a ating power for the pumps. And then and how significant it is going to be, minute. you pump the saltwater up and run it what effect it is going to have on the Nevertheless, it is a crass inconsist- through the generator. You are really economy. I know that is what Senator ency. Good heavens, what difference picking up something if that is the KYL has been commenting on for some does it make? Waste is waste. If you kind of technology you are talking time. have cut a tree from a national forest about. But make no mistake, there is a First, I would like to address a cou- legitimately, you could make lumber footprint. ple of statements made in this debate. out of it, but you can’t use the residue This chart shows San Jacinto, CA, One is that the U.S. is too dependent for biomass. The issue here is obvious between Banning and Palm Springs. I

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.127 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2067 have driven through there many times. that we have left an open door in this to 10 percent in the year 2020. Who are If you look at it, it is rather astound- concept of buying credits. we exempting, Mr. President? We are ing because you see literally hundreds Another point that was brought up in exempting Bonneville, which you heard of these windmills. And some of them the debate is the issue of transferring of, out West, and TVA, WAPPA, which are turning; some are not. Sometimes wealth from one part of the United are significant power groups in their they have technical problems because States to another. It is fair to say that own right, entitled to the process; nev- the wind pitch and velocity is such the State of California, with a large ertheless, the public and we should that it can tear up the transmissions. population, dynamic economy, depends question this. We have some in a few areas of Alas- on energy coming from the outside. To obtain a credit, a utility can, one, ka where they actually have brakes on They would rather buy energy than de- count its existing wind, solar, geo- the ends of the blades. It has a tend- velop their own. We saw that last year thermal, or biomass, but not hydro. ency to brake itself rather than tear in the crisis in California. We have Well, I have been chairman of the com- the transmissions up or to get ice on seen it time and time again. My good mittee, and I have been ranking, and them, and so forth. friends from Louisiana have indicated how they can conclude that hydro is But the point I want to make here is that they get a little tired of this ‘‘not nonrenewable is beyond me. But I have that this is about 2,000 acres of a wind- in my backyard’’ business. Louisiana is made my case. It looks as if they have generating area that is committed to developing oil and gas offshore. They put this in here so it will fit. That is the placement of the wind generators are subject to the impact of that on what is wrong. and the towers, and that equates to their school systems, roads, and so This legislation has been shopped on making about 1,815 barrels of oil. So forth. Do they get anything extra? No. the other side to the point where it has the footprint there, 2,000 acres, equates The OCS goes into the Federal Govern- accommodated virtually every special to 1,815 barrels of oil in an equivalent ment fund. Yet they are generating interest group. That is what is wrong energy Btu comparison. Yet 2,000 acres this for the benefit of other States. with it. It never had the process that of our area, in ANWR, will produce a So it is not fair, necessarily, to con- normally takes place around here, and million barrels of oil. So there is a sider this transfer of wealth from one that is the committee process, where tradeoff. So we have solar, and we have part of the United States to another. In the legislation is developed within the wind, and we have biomass. They are other words, those areas that have the committee, the bill is introduced, re- all meaningful, they all make a con- potential of generating biomass from ferred to the committee, hearings held tribution, but they have a certain cost either solar or wind are not going to and markups and so forth. We know to them. Now, there is either biomass, have to buy credits. Others that don’t the history. But it is beyond me that wind, solar, geothermal—I mentioned have this availability are going to have the media has not picked up on the in- geothermal and a good portion of to do so. I suggest to you this is not justice of that. those, unfortunately, are in or adjacent necessarily equitable. The majority leader obstructed the to our parks. There are other examples that I committee of jurisdiction —Energy and Another point made earlier in the de- think deserve a little examination; Natural Resources—to do this. He said bate is that this is not a State preemp- that is, under this mandate, each elec- it was too contentious. He pulled it tion. It really is a State preemption, tric utility, other than public power— away from the chairman. Here we are Mr. President. It preempts those States and why is that, Mr. President? We on the floor of the Senate at 7:10 en- that have decided that a renewables have investor-owned power and we lightening one another as to what is in portfolio standard is not in the con- have public power. But we make a dis- the legislation. That should have been sumers’ interests. There are 14 now tinction here. We do the mandate on done in the committee process. It was that have come in voluntarily. But this every electric utility other than public not and that is a tragedy. legislation would mandate that all power. What is the politics of that? I It is kind of interesting, to make a States achieve it. don’t know, Mr. President, but I know parallel—I will not make an issue of Let’s take the State of Michigan, for public power opposes it, and they have this, but what is good for the goose is example. What is in it for Michigan? I prevailed. They don’t have to maintain good for the gander. Somebody made am not from Michigan. I can’t speak a mandate. You are a businessman, Mr. an observation of that nature, where about it, other than to share some ob- President, and so am I. What does this we had the majority leader, in the servations that the staff has made. But mean? Pickering nomination, on a question we have some wind in Michigan; some This means that investor-owned relative to sending the matter directly solar; not much hydro potential; bio- power companies are not necessarily to the floor, taking it up, and resolving mass—I suppose there is some; geo- going to have the same comparative it on the floor. Oh, no, we had to ob- thermal, very little. But they clearly cost mechanism because investor- serve the traditional process of the don’t have a significant segment of one owned companies are going to have to committee jurisdiction. I don’t know of these alternatives available. So what go out and buy credits or put an invest- why it is not good enough for the En- are they going to do? Well, probably ment in renewables. ergy Committee, but it certainly ap- buy credits. Does that mean public power can in- plies in the case of Judge Pickering. I Another thing that came out of the crease their rates a little bit to coin- don’t want to go down too many rabbit debate that is wrong with this legisla- cide within investor-owned? Who pays trails this evening, but I wanted to tion is there is nothing to prohibit. The that, and is that kind of a windfall point out an inconsistency. Three Gorges dam on the Yangtze profit? I don’t know, but I think every As I have indicated, to obtain a cred- River in China, which is about com- Member who is going to vote on this it, a utility can count existing wind, pleted—but they are putting in tur- ought to be able to go home and ex- solar, geothermal, and biomass, but bines now, and so forth—it is my un- plain this because it is not equitable. not hydro. derstanding that would qualify for Power produced by investor-owned and It can build a new renewable power- credits. That is a pretty big project— by public power—they both do a good plant or purchase the credit from an- one of the largest hydroprojects ever job, but why are we excluding one? It is other new renewable powerplant or undertaken in the history of the world. because of the politics. They don’t purchase the credit from the Secretary Are we going to see a situation where want it. I would like to hear the debate of Energy. Is the Secretary of Energy utilities are going to be allowed to go from the other side, but I see they have going to be selling these credits? Is buy credits? There is nothing in the adjourned for the evening—at least on that revenue to the Federal Govern- legislation to prohibit it. that side of the aisle. I would like to ment? What is it worth? What is it That isn’t the intent. The intent is to hear an explanation of that. going to cost? encourage the development of renew- So what we have here is each electric My understanding is the average cost ables. utility other than public power must of electricity is about 3 cents per kilo- That is another thing wrong with have one renewable credit for the re- watt hour. You are going to have to this legislation. I am sure this can be quired percentage of its retail sales. pay something for these credits. I am corrected; nevertheless, it suggests That starts at 1 percent and increases told it may be another 3 cents. So that

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.120 pfrm02 PsN: S19PT1 S2068 CONGRESSIONAL RECORD — SENATE March 19, 2002 is 6 cents. That is going to be passed on make business decisions on—the least sidies, tax incentives, and other pro- to the consumer, Mr. President. Public risk and the highest return. Are they grams to assist renewables. As I said power is not going to pay it, just inves- going to build renewables or buy? It de- earlier, I support those. That is how we tor-owned companies. Isn’t there some pends on the mix. bring on technology. But you do not kind of subsidy, tax credit, associated I do not think we have really re- get a free ride from it. If we do make with this of about 1.7 cents? flected because the other side is so anx- this mandate the law, we are going to We are now taking power that usu- ious to salvage something in this en- increase the cost of electricity to the ally goes to the consumer, about 3 ergy bill. This energy bill can only be consumer, but only for the investor- cents, and that consumer is now going salvaged by good amendments because owned company, because that is to to be paying about 7.5 cents. Is any- it was a bad bill to start with. It has whom it applies. It does not apply to body concerned about that? I do not been improved dramatically. I support public power. I have yet to get an ex- see a lot of concern. Evidently the pub- the continued process, but the contin- planation as to why. We all know why. lic is just willing to pay from the in- ued process toward a good bill can only It is politics. They do not want it. vestor-owned business only an increase be resolved by amendments. They want to enjoy a differential. Is from 3 cents to 7.5 cents. Think about The Kyl amendment is not a vote the public aware of that? Are they that: Every Member and staff who is against renewables; it is a vote for aware why one source of power should watching, you had better be prepared States, it is a vote for consumers, and enjoy the benefits and not another? to explain that to your ratepayers and it is a vote for the freedom to choose. If you happen to have public power your consumers. That is the price you This is not in the House bill. What is providing you with energy, you are are paying for this mandate. going to happen when it goes over to going to break. If you are an investor- In the early years of the renewable the House for conference? There is owned business, you do not. This is not portfolio program, there will be few nothing in the House bill. We all have the American way, and people ought to tradeable credits because only new fa- a little idea what the House is going to begin to understand this. Members had cilities produce credits for sale. The re- do. better be able to explain it when they newable credit would be, as I said, The Bingaman amendment, in my go home. about 3 cents per kilowatt hour opinion, subsidizes renewables at the Now the Bingaman amendment, in through the wholesale market price of expense of coal, natural gas, and nu- my opinion, is not good policy, frankly. power. This is on top of the 1.7 per kilo- clear power. What does that mean? To I have the greatest fondness for my watt hour renewable tax credit. That me that is a Btu tax, British thermal friend Senator BINGAMAN, but what it substantiates what I said. unit tax. It was the first legislation in- does, it picks winners and losers; it fa- Let’s talk about a few key States. troduced by former President Clinton vors types of fuel based on politics, not West Virginia: American Electric when he first took office, looking for policy; exempts public power, although Power serves the bulk of West Virginia. revenues: We are going to put on a Btu there is no policy justification. Ninety-seven percent of the American tax. On the other hand, the Kyl amend- Electric Power Generation is from Do my colleagues know what hap- ment points out fundamental philo- coal. A smaller portion is from natural pened? He was defeated because the sophical differences between—and we gas and nuclear, and eight-tenths of 1 public said: This country is energy have heard that today—Daschle-Binga- percent is hydro. We are told that rich. We have a broad choice of energy man. We really want consumers to American Electric Power could not mix. We have coal, we have oil, we have choose for themselves. On the other side, they want the Government to meet the renewable portfolio standard natural gas, we have renewables, we choose for the consumer. That is what through existing renewable generation. have biomass, and you want to tax us this Daschle-Bingaman proposal is all They would have two choices: Build first thing. This is a Btu tax on coal, natural gas, about. new renewable powerplants or purchase We want the States to make deci- and nuclear power, make no mistake credit. sions on the needs of the people. They New York: Consolidated Edison about it. Fourteen States have existing want the Federal Government in serves New York City. Con Ed has dis- programs with different fuel mixes, and charge. This issue, renewable man- posed of most of its generation, as we they would be preempted by this legis- dates, is opposed by the United Mine know, and now purchases 95 percent of lation. Workers, Public Power, Investor Owner Senator KYL’s amendment replaces its electricity. All of its remaining Utilities, Chamber of Commerce—well, generation is gas fired and located the Bingaman renewable mandate—and I have an explanation, and I appreciate within the city of New York. Con Ed remember, renewable mandate; we all that. I want to make sure the record could not build renewables production know what mandate means: you must reflects it because I have been saying in New York City to satisfy its renew- do it—Senator KYL’s amendment would that this would benefit Public Power, able portfolio requirement. It would replace it with a program to encourage but I have been corrected by my staff have to purchase credits to satisfy the renewables without preempting the to say that Public Power also is op- renewable portfolio standard require- States, without micromanaging the posed to it. ment. They simply cannot do it in New market. Why is Public Power opposed to it? York. They acknowledge that. What is the matter with the way this Because they are fearful it will be lost Arkansas: Arkansas is served by market is working? Fourteen States in committee, and they will in the Entergy. It is 98 percent natural gas, have initiated programs because they committee process be also included in nuclear, and coal, and only 2 percent believed it was in the interest of their this mandate. hydro or wind. It would not meet its State, the consumers, the air quality, The record should reflect my ref- RPS—renewable portfolio standard— and good citizenship. But, no, we are erence to Public Power and the clari- requirement through existing wind going to mandate it, and at what cost? fication. generation. It would have to purchase The Kyl amendment requires State So the renewable mandate is opposed credits to satisfy the RPS requirement. utility commissioners—and I use the by the Chamber of Commerce, United Illinois: Exelon serves most of Illi- words ‘‘to consider’’; it is not a man- Mine Workers, Public Power, Investor nois, including Chicago. It is 88 percent date—‘‘to consider the merits of a Owned Utilities. nuclear, coal, and natural gas, and 8 green energy program.’’ It does not The fear that Public Power has is percent hydro. They would have to order them to implement one. It says they will be exposed in committee and build renewables or purchase credits to consumers can purchase green power if have to be subject to this as well. meet the RPS requirement. they want to; they are not required to. I think all Members should consider What are they going to do? Are they And I guess the utilities can charge the merits of what we are getting into, going to purchase them or build them? them for green power if it is higher. the precedence we are setting, and the They are going to make a business de- There is nothing wrong with that if emotional argument associated with: cision, and the business decision is that is what they want. Gee, we have to do something on re- going to be made on the quickest re- Over the past 5 years, Congress has newables. We have not been able to re- turn on investment. That is what you provided more than $7 billion in sub- spond on CAFE. We have not been able

VerDate 11-MAY-2000 02:49 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.124 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2069 to move in a manner in which we could honor the late Fred Scheffold, a bat- SALT LAKE 2002 PARALYMPIC address even the pickup issue, on which talion chief with the New York City WINTER GAMES we had a vote. Let us make sure the Fire Department and one of the many Mr. HATCH. Mr. President, during legislation we pass is good legislation; NYC firefighters who so bravely gave the last 2 weeks of February, the world that it is well thought out; it is appli- their lives on September 11, 2001. watched the 2002 Winter Olympic cable; that it does something meaning- Today, I had the honor of meeting Games held in our home State of Utah. ful that is in the appropriate role of Fred’s widow, Mrs. Joan Scheffold, and The success of these games and the government to do, as opposed to what I their daughter, Karen Scheffold- achievement of the competing athletes think the States are doing very nicely Onorio, at a news conference in the have been recognized as high points in by themselves. They are proceeding, Mansfield Room of the U.S. Capitol the long Olympic tradition. We are all should they wish, with their own re- Building. They were here to join my proud of the spectacular athletic ac- newable mandate proposal, and that is distinguished colleagues, Senator complishments of the participation and where I think these types of decisions STABENOW, Senator ALLEN, Senator support of this outstanding event. belong. KYL, and me to announce the next Today I rise, as a Senator from the I think we would all agree as Mem- steps in the implementation of the great State of Utah, to call attention bers of the Senate that one size does Unity in the Spirit of America Act, the to and express support for the Salt not fit all. USA Act. Lake 2002 Paralympic Games which With the recognition it is late, I am The USA Act is legislation intro- concluded with the closing ceremony prepared to yield the floor. I believe we duced by Senator STABENOW that estab- this past Saturday. will be on this bill in the morning. lishes a program to name national and As meaningful and significant as the Might I ask the Presiding Officer what community service projects in honor of 2002 Winter Olympic Games have been, the order of tomorrow might be again victims killed as a result of the ter- the Paralympic Winter Games, per- for those of us who might not have rorist attacks on September 11. The haps, elevate that significance, for heard the majority whip? measure was signed into law by Presi- paralympic athletes must not only The PRESIDING OFFICER. There dent Bush in January. To recognize the excel in athletic skill and prowess, but will be a cloture vote tomorrow at 1 heroism of New York Firefighter Fred must also accommodate a disabling p.m. on campaign finance reform. Scheffold, and all the victims of Sep- condition. Mr. MURKOWSKI. If I may ask fur- tember 11, I ask unanimous consent During the 10 days of the Salt Lake ther, upon the conclusion is there any that the statement of Joan Scheffold 2002 Paralympic Winter Games, world- order from the leader as to what we class athletes brought together their be printed in the RECORD. It is a warm would go to? and loving tribute to a heroic husband, minds, their bodies, their spirits, and The PRESIDING OFFICER. There is father, and American. their determination to pursue the high- no special order. The Senate, by de- est level of performance and commit- There being no objection, the mate- fault, will resume consideration of the ment. rial was ordered to be printed in the energy bill. I especially want to recognize the Mr. MURKOWSKI. I thank the Chair. RECORD, as follows: fantastic achievements of our athletes I suggest the absence of a quorum. REMARKS BY MRS. JOAN SCHEFFOLD, MARCH from Utah. Steve Cook showed incred- The PRESIDING OFFICER. The 19, 2002 ible speed and skill earning four silver clerk will call the roll. The world lost many treasures on Sep- medals in cross country skiing events— The legislative clerk proceeded to tember 11th, and I mourn the loss of my own the 5K, the 10K, as an anchor on the call the roll. gem, my husband Fred. Fred’s 32 year career relay, and the biathlon. Mr. REID. Mr. President, I ask unan- with the NYC Fire Department brought him No less exceptional was Muffy Davis imous consent that the order for the to many corners of New York and on the morning of September 11th, he was just fin- who was awarded three silver medals in quorum call be rescinded. alpine skiing. Her performances were The PRESIDING OFFICER. Without ished his 24 hour tour as a Battalion Chief in East Harlem. When the alarm came in, he stellar. objection, it is so ordered. rushed to the scene along with the Chief who Lacey Heward excelled in both the AMENDMENT NO. 3039 TO AMENDMENT NO. 2917 was relieving him. Like so many others that Super G and the Giant Slalom, winning Mr. REID. Mr. President, I send a day, he was not obligated to respond to the bronze medals in both events. technical correction to the desk with alarm but he did so out of the sense of duty Also winning two bronze medals was respect to amendment No. 2917. I ask and the simple fact that he knew his help Christopher Waddell in the Giant Sla- unanimous consent that the amend- and expertise would be needed. lom and downhill skiing event. Chris- ment be agreed to and the motion to But, he was so much more than just a fire- topher also captured a silver medal in reconsider be laid upon the table. man who was lost on September 11th. As an alpine skiing. The PRESIDING OFFICER. Without avid runner, skier, and golfer, he inspired Monte Meier, through strength and our 3 daughters to reach their highest goals objection, it is so ordered. and set them higher once again. A talented courage won a silver medal in alpine The amendment (No. 2917) was agreed painter and sculptor, our home and yard are skiing. Our alpine skiing is exceptional to, as follows: decorated with many of his pieces, including in Utah. On page 555, line 14, after ‘‘Secretary’’, in- a giant insect made of metal and wood on Stephani Victor earned a bronze in sert ‘‘shall’’. the front lawn and a front door painted pur- the downhill skiing through her great Mr. REID. Mr. President, for the in- ple. A self-proclaimed ‘‘news junkie’’, he diligence and prowess. formation of the Senate, this technical read everything that he could get his hands No less outstanding is the participa- correction is simply the addition of the on and could hold an intelligent conversion tion of Daniel Metivier and Keith Bar- about any topic. Essentially, he had a life- ney, who also gave their all in these word ‘‘shall’’ on page 555 of the amend- long love of learning. ment. games. The stellar achievement of our He had the unique ability to make you feel Utah athletes has been magnificent. I f like you were the only one of the room when you were talking to him and that what you am so proud of their excellence. MORNING BUSINESS were saying was the most interesting thing While it is fitting that the U.S. Sen- Mr. REID. Mr. President, I ask unan- he’s heard all day. But he never failed to end ate express recognition and praise to imous consent that the Senate now the conversation by making you laugh. these outstanding athletes, I cannot proceed to a period for morning busi- We mourn the loss of Freddie every single forget to applaud their dedicated ness, with Senators permitted to speak day. He was a magnificent human being and coaches, trainers, and families. These not to exceed 5 minutes each. a beautiful soul who will never be forgotten. individuals provide the needed uncon- The PRESIDING OFFICER. Without Fred’s memory has been celebrated in many ditional support for the athletes. ways including a scholarship fund that has Though they stand in the background, objection, it is so ordered. been established at his alma mater in the f Bronx and trees that have been planted in they are no less deserving of Olympic glory. HONORING FRED SCHEFFOLD his honor. We hope that we can continue to honor his life and the lives of those 3000 oth- I compliment the U.S. Olympic Com- Mrs. CLINTON. Mr. President, I ers lost on September 11th through projects mittee, which is designated as the Na- would like to take this opportunity to of the Unity in the Spirit of America Act. tional Paralympic Organization. Under

VerDate 11-MAY-2000 03:14 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.129 pfrm02 PsN: S19PT1 S2070 CONGRESSIONAL RECORD — SENATE March 19, 2002 the direction of President Sandy Bald- From that small beginning came what my State. But that does not tell the win and Chief Executive Officer Lloyd we now know as the Paralympic real story about Christelle, so let me Ward, the U.S. Olympic Committee has Games, which have grown dramatically begin at the beginning of my brief rela- offered their incredible support for in recent years. The Salt Lake games tionship with her a few days ago. these games. were the eighth official Paralympic James Humes was waiting for me I also pay tribute to the Salt Lake Winter Games, with over 1,000 world when I arrived at my Senate office in Organizing Committee, SLOC, for tak- class athletes from 36 countries com- the Dirksen Building. In the hallway ing the challenge to improve on the peting in 100 medal events. were a number of other visitors. James success of the Utah Winter Olympics While the athletes at the Paralympic Humes is well known and highly re- by organizing and carrying out the 2002 Games all have some form of dis- spected in this city. He looks like Win- Paralympic Winter Games. Nancy ability, the level of competition is no ston Churchill, he walks like Winston Gonsalves, who has been at the head of less intense. Because the games empha- Churchill, he sounds like Winston this venture for the Salt Lake Orga- size the participants’ athletic achieve- Churchill. He served a stint as speech nizing Committee, is to be commended. ments rather than their disabilities, writer for a President of the United My colleagues might be interested to spectators quickly forget that these States; he is a well-known and highly learn that this was the first time the athletes face special challenges and in- respected author, his most recent book Paralympic Winter Games have been stead focus on the thrill of competi- bearing the title, ‘‘Eisenhower and held in the United States. It was also tion. Churchill,’’ with a subtitle reading, the first time a local organizing com- I am proud of the accomplishments of ‘‘The Partnership That Saved The mittee assumed the responsibility for my State during the past 2 months. World.’’ the organization, acquiring of sponsors, The Paralympic Games were an out- Jamie Humes and I met Christelle and staging of the games. The con- standing partner to the Olympic Geisler at the same moment. Christelle tributions of the sponsors, the volun- Games. I congratulate everyone in- giggled quietly in appreciation of teers, and SLOC were essential to the volved, especially the athletes, who Jamie Humes’ imitation of Churchill. success of the Salt Lake 2002 Winter showed us that with dedication and The three of us had our picture taken Paralympic Games. The commitment commitment, no obstacle is too great together; then Jamie departed with her of the people in Salt Lake City and the to overcome. appealing smile and her good manners. great state of Utah deserve our appre- f I recall being disappointed that she ciation and recognition. could not stay longer. In addition, I wish to give special rec- LOCAL LAW ENFORCEMENT ACT An hour or so later I found a portion ognition to the national media for the OF 2001 of The News and Observer’s March 12th attention they gave to the Paralympic Mr. SMITH of Oregon. Mr. President, story about Christelle. It began with Winter Games. The purpose of the 2002 I rise today to speak about hate crimes the three-word heading I asked to ap- Paralympic Winter Games, the events, legislation I introduced with Senator pear at the top of these remarks in the and the individual stories of the ath- KENNEDY in March of last year. The Senate this morning. The subhead: ‘‘A letes were covered more extensively by Local Law Enforcement Act of 2001 Girl Scout uses what she learned from the national and international media would add new categories to current grief to help other teens’’. than in any previous Paralympic hate crimes legislation sending a sig- It is touching story about how games. This coverage suggests that we, nal that violence of any kind is unac- Christelle having written a brochure as a society, not only recognize out- ceptable in our society. designed to help other teenagers cope standing physical performance requir- I would like to describe a terrible with grief. Catawba County, ing concentration, dedication, and dis- crime that occurred February 8, 2002, Christelle’s home county, has distrib- cipline, but, in addition, we recognize in Missoula, MT. A lesbian couple and uted hundreds of copies of the bro- the challenges that must be accommo- their 22-month-old son were victims of chure. dated by people with disabilities. These an arson attack. An intruder broke At this point, allow me to ask to Paralympic Games proved that there is into their home, poured accelerant print in the RECORD the News and Ob- no limit to what an individual can ac- throughout, and set it on fire while the server story, written by Kelly Starling, complish. victims slept. The attack came 4 days to finish the heart-warming story The Salt Lake 2002 Paralympic Win- after the couple received statewide about a young lady who has been hon- ter Games enriched the lives of thou- publicity for suing their employer for ored by the Girl Scouts of America be- sands of people with disabilities and same-sex domestic partner benefits. cause she wanted to help others in their families. Even more important, I believe that government’s first duty their time of grief. they enriched the lives of those of us is to defend its citizens, to defend them The article follows: fortunate enough to live free of dis- against the harms that come out of [From the Raleigh News and Observer, Mar. ability. I wish to commend the dedica- hate. The Local Law Enforcement En- 12, 2002] tion and commitment of the athletes, hancement Act of 2001 is now a symbol SORROW TO SOLACE their families, their trainers, the Salt that can become substance. I believe A GIRL SCOUT USES WHAT SHE LEARNED FROM Lake Organizing Committee, and the that by passing this legislation and GRIEF TO HELP OTHER TEENS citizens of the great State of Utah. changing current law, we can change (By Kelly Starling) Mr. BENNETT. Mr. President, I rise hearts and minds as well. At the sound of the front door closing, her today to join my colleague from Utah f ears always perked up. She listened for the in recognizing the outstanding success rap of a briefcase hitting the wood floor. of the Salt Lake 2002 Paralympic Win- ADDITIONAL STATEMENTS Then the patter of shoes that meant Daddy ter Games. Ten days after the conclu- was home. Christelle Geisler would dart from sion of the Winter Olympic Games, an- her bedroom, speed down two flights of stairs other group of elite athletes from SORROW TO SOLACE and into his arms. He kissed her and his two ∑ Mr. HELMS. Mr. President, I decided younger daughters. Then he gave the gifts: a around the world gathered in Salt Lake coral necklace from the Philippines or dolls City to push the limits of physical that the CONGRESSIONAL RECORD should from Indonesia, a Japanese kimono. achievement. These athletes, along use the same heading, ‘‘Sorrow To Sol- She was dad’s girl. with their coaches, trainers, families, ace,’’ on what I am about to say to the Phillippe Geisler traveled a lot, looking for and many volunteers, made the 2002 Senate as the Raleigh (N.E.) News and new merchandise for his furniture store. He Paralympic Winter Games a remark- Observer used on its heart-rending journeyed to foreign countries searching, able 10-day event. story on March 12 about Christelle and attended North Carolina furniture The paralympic movement began in Geisler. shows. Home in Hickory, Christelle was his buddy. She filed papers at his office. They 1948, when Sir Ludwig Guttmann orga- Who is Christelle Geisler? For open- played tennis. He teased her about practicing nized a sports competition for World ers, she is a charming student at Ra- violin. War II veterans with spinal cord inju- leigh Meredith College whose home is He was on a business trip in Florida one ries in Stoke Mandeville, England. in Hickory, NC, in the western part of July night when the doorbell rang.

VerDate 11-MAY-2000 03:23 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.132 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2071 Christelle, then 15, turned away from ‘‘Law the Scouts’ highest honor. The only thing that she was conveying. Before it was a and Order,’’ got up and squinted through the left to do was a research project: Teen grief, cause, but now that the project was finished peephole. Two policemen stood on her porch. she decided, was the perfect subject. she found a sense of closure.’’ They asked for her mother, then ushered her She started working toward the award in At Meredith, Christelle looks young in a to another room: There had been a car acci- January of her senior year, going to public pale yellow cardigan and jeans, her smooth dent, they explained. Police suspected that and college libraries. She found scant to skin and dark brown ponytail accented by a ... nothing on the subject of teen grief. She red and green striped bow. But she has grown Christelle, who had been listening by the tried Barnes & Noble: same thing. in ways that don’t show. She pulls out a me- open door, howled. She met JoAnn Spees, director of the morial card with a grainy black and white ‘‘I don’t think I’ve screamed so loud in my Council on Adolescents of Catawba County. picture of her dad, showing his hair parted life,’’ Christelle said. ‘‘It was just raw emo- Spees helped her find enough information to on the side, his quirky smile. tion.’’ start her research and talked with her about ‘‘I see so much of my sisters in him now,’’ She recalled that three-year-old memory her plan to present it. Christelle decided that she said, looking at the picture while the last week sitting on a wooden bench across her research could benefit more than herself: chapel bells ring. ‘‘His smile is exactly like from the chapel at Meredith College, where She would create a teen-to-teen brochure for my little 4-year-old’s. I’ll never be able to she is a freshman. Gazing at the pond, others struggling with grief. look at her and not see him. Dad is with us Christelle wore a distant look. Grief is hard ‘‘She is one of the most capable young in his own way.’’ for adults to manage. But when you’re a women I’ve ever met,’’ Spees said. ‘‘She’s It has been three years, but Christelle still teenager, she said, the voyage can be even very talented, has an incredible joie de vivre returns to her grief from time to time. lonelier. Everyone thinks they know what and a maturity level beyond her years.’’ Thinking about a special moment with her you’re feeling. There are few resources to Now, Christelle had a cause, Spees said. dad can cause the tears to run again. She help you cope. After visiting the Council, Christelle left gains comfort from the silver circle of moons The night she learned of her father’s crash, with books and diaries on grief to read at and suns on her finger—the ring he bought Christelle walked around like a zombie, she home. She read everywhere, even on the her in Charleston, S.C., and that she still said. When her boyfriend, Brian Giovannini, beach. She interviewed classmates who had wears every day. And she leans on her faith. called later that night, she was crying. lost parents to illness. She talked to psy- She has even taught her youngest sister that ‘‘She was always daddy’s little girl,’’ he chologists, to teachers whose parents had to talk to Daddy she can pray Sometimes said. ‘‘She went to him for strength, for ad- died when they were young. The Gold Award you have to turn things over to God, she vice. When something came up in her life, he project required 50 hours of research; said, and everything will be OK.∑ was the first person she talked to.’’ Christelle, who completed the project that f That night, Christelle slept with her moth- October, logged more than 92. er, Marie-Alix, in bed. Her baby sister, Mar- Her desire to learn was never sated. What IN RECOGNITION OF NOTTINGHAM got, who would turn 2 in the following week, were the stages of grief she would go INSURANCE & FINANCIAL SERV- was asleep in a nearby cradle. In coming through? What would Emilie and Margot ICES days, they picked up her sister Emilile from face? Her notebook was the size of a phone violin camp. And the ordeal began. book when she finished. Her journal was full ∑ Mr. TORRICELLI. Mr. President, I She learned the details of her father’s of pages expressing her jumble of feelings: rise today to recognize Nottingham In- death: His car had malfunctioned, gone over denial sometimes, longing the next. surance & Financial Services which is the median strip, landed in oncoming traffic, The brochure she created is simple and being honored by the Mercer County flipped over. He was 40. She endured the powerful. A childlike drawing of a heart Chamber of Commerce with its Out- days-long wait for his body to be brought graces the cover. Inside, there’s a road map standing Small Business of the Year. home. Neighbors cleaned their house. They showing the journey through grief with exits Nottingham Insurance & Financial brought food. to shock, the ‘‘whys’’ (why them? why me? ‘‘We had ham for about two months,’’ she why now?) and healing. She reminds teens Services represents one of the great said. that there’s no speed limit or deadline for success stories of family owned busi- But Christelle couldn’t eat. She kept to working through grief. On the back, she of- nesses. Since its founding in 1917, it has herself, stayed away from the phone. The one fers tips and explains that she is a teen who seen 4 generations of family members time she did pick it up, the caller asked has lost someone too. in successful perpetuation grow and ex- about her father’s organs; her dad was a The brochure not only earned Christelle pand its business. Over the years, it has donor. She just wished the reality would go her Gold Award—an honor achieved by about grown from providing property and cas- away: She had just one parent. No father to 3,500 Girl Scouts each year—but also led to help her choose her first car that fall. Or her being named one of this year’s Girl Scout ualty services to the residents of Cen- walk her down the aisle one day. Gold Award Young Women of Distinction— tral New Jersey to providing group ‘‘She couldn’t believe it,’’ Giovannini said. an honor shared by only 10 Scouts. Christelle health and life insurance, and financial ‘‘Even after the funeral, it was hard for her was chosen because of the impact her bro- services. to accept.’’ chure had on the community, said Michele While also providing valuable insur- Life changed. At school that fall, Landa, spokeswoman for Girl Scouts of the ance and financial services to the resi- Christelle kept up with homework and her USA. Catawba County’s council on Adoles- dents of Central New Jersey, Notting- clubs. But in the evening, with time alone to cents has circulated more than 800 copies to ham Insurance & Financial Services focus on herself, she faced the pain. school counselors, pediatricians and psy- Christelle cried in her room. Her mother sent chologists. It has been used to help students has also played a vital role in the com- her to a church counselor, and to a school at a school where three teens died in a car munity. They support numerous youth counselor. Christelle resented them, feeling accident. Everyone always wants more, leagues and teams while also serving that they didn’t understand what she was Spees said. on several local board and organiza- facing. Mail addressed to him arrived. As part of her award, Christelle is in Wash- tions such as the Hamilton Township Friends who had been out of town when the ington, D.C., this week for a Girl Scout anni- Library Board of Trustees and Meals crash happened asked about her dad. People versary celebration and gala. She is thought on Wheels of Hamilton. kept dredging up his death. to be the first North Carolina Girl Scout to Nottingham Insurance & Financial ‘‘You have to face it again and again,’’ she receive the honor since the award began said. ‘‘What I hated the most was ‘I’ve been three years ago, Landa said. Christelle will Services is a fine example of the posi- there’ from people who hadn’t even lost a receive a White House tour and attend a tive and vital role that local businesses parent yet. How could the tell me it was luncheon presided by U.S. Supreme Court play within our communities.∑ going to be OK?’’ Justice Sandra Day O’Connor. She is sched- f A CHANCE TO HELP uled to meet influential women such as fash- ion designer Vera Wang U.S. Senate can- HONORING SHARON DARLING Christelle found solace in going to church didate Elizabeth Dole and Kathryn Sullivan, each week and becoming more active in ∑ Mr. BUNNING. Mr. President, I rise the first American woman to walk in space. youth group. ‘‘It had more meaning for me,’’ today to pay tribute to a truly inspir- ‘‘Isn’t that cool?’’ Christelle said. she said. ing woman, Ms. Sharon Darling. Ms. Then Christelle came up with the idea of AN EMERGING WOMAN Darling is this year’s recipient of the researching teen grief for a Girl Scout Doing the research, Spees said, gave her a prestigious National Humanities project. She had been a Girl Scout since sec- deeper sense of maturity. She had always Medal. President Bush and First Lady ond grade, rising from Brownie to Senior been self-assured. But when Christelle spoke Laura Bush will be personally pre- Cadette. She loved the support system the at a luncheon put on by the Council on Ado- organization gave her, which helped her lescents last year, Spees saw an emerging senting this award to Ms. Darling at a learn more about herself. She earned all of woman. ceremony to take place next month. the pins and completed almost all the ‘‘She was calm, confident,’’ Spees said. Sharon Darling is the founder and projects she needed to earn a Gold Award, ‘‘She just had a sense of new control, a peace president of the National Center for

VerDate 11-MAY-2000 03:14 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.048 pfrm02 PsN: S19PT1 S2072 CONGRESSIONAL RECORD — SENATE March 19, 2002 Family Literacy, NCFL, a non-profit world a better place to live and to upstate New York, Cliff entered the organization located in Louisville, KY, learn.∑ service of his country as an Air Force recognized world-wide for their effec- f officer during the Korean War. During tiveness and innovativeness in teach- his 20 years of Air Force service, Cliff TRIBUTE TO MICHIGAN’S ing children and adults to read. The specialized in acquisition matters OLYMPIANS NCFL, founded in 1989, has worked dili- where he helped ensure that our troops gently year after year in an attempt to ∑ Ms. STABENOW. Mr. President, I were provided with the best equipment bring about a positive change in the rise to commend the residents of the our industrial base could provide. level of family literacy rates. This State of Michigan who participated in Cliff became well known to this body group has been soulfully dedicated to the recently concluded 2002 Winter long before leaving the Air Force in his placing family literacy on the national Olympics. role as a legislative liaison officer to agenda and has been very successful ‘‘Swifter! Higher! Stronger!’’ That’s Capitol Hill. He truly distinguished through their efforts. The NCFL right- the Olympic motto. himself as a trusted and admired rep- ly understands that to live without an I am proud to say that at least 13 resentative of the Air Force. education is to live without a future. athletes who call or have called Michi- Selected to be a full Colonel in 1970, Sharon Darling got her start in edu- gan their home followed that motto Cliff decided to forgo this much de- cation 35 years ago in the basement of and competed with the world’s best in served promotion and instead served the Ninth & O Baptist Church. The this year’s Winter Olympics. Among for eight years as the Boeing Com- basement of this Baptist Church is them was Naomi Lang, the first Native pany’s first full-time liaison represent- where she first began to teach illit- American to compete in the history of ative to Capitol. erate adults to read. It was also the the Winter Olympics and who placed In 1979, Cliff joined the General Elec- first time she began to realize that she 11th in ice dancing. tric Company where he has remained could make a difference in people’s Athletes included members of the for the past 23 years helping General lives. She recognized that without ac- men’s Silver Medal hockey team: Chris Electric to ‘‘Bring Good Things to cess to knowledge, these people would Chelios, of Detroit; Mike Modano, of Life.’’ never possess the ability to fight their Livonia; Brian Rafalski, of Dearborn, Now, after more than 50 years of way out of poverty or empower them- Brian Rolston, of Flint; Doug Weight, service, Cliff is retiring from General selves with the gift of rational of Warren, and Mike York, of Water- Electric, to begin yet another chapter thought. If they cannot read, no ford. in his life. Together with his wife, amount of money or Federal assistance Other athletes from Michigan were: Cecilia, Cliff has established a chari- will help. Women’s hockey team Silver Medalists table foundation called ‘‘Children Throughout her career in education, Shelley Looney, of Brownstown Town- Come First.’’ This foundation is dedi- Sharon has spent time as a teacher, ad- ship and Angela Ruggiero, of Harper’s cated to helping underprivileged chil- ministrator, and educational entre- Woods; Mark Grimmette, of Muskegon, dren. In the same spirit that has exem- preneur, constantly working to develop and Chris Thorpe, of Marquette, who plified all of Cliff’s past undertakings, new and improved strategies for teach- won the Silver and Bronze medals re- he will devote much of his time lending ing children and adults how to read and spectively in the men’s luge doubles; a helping hand to kids to ensure they how to interpret what they read. She Jean Racine, of Waterford, who placed have a chance filled with hope for to- has served as an advisor on issues deal- 5th in the women’s bobsled, and Todd morrow. ing with education to governors, policy Eldredge, of Lake Angelus, who placed I will miss this jaunty man with the makers, business leaders, and founda- sixth in men’s singles figure skating. fast walk and warm, charming person- tions across the country. She has been I am so proud of all of them! ality. Along with all my colleagues and remains an invaluable resource to Besides these wonderful athletes, I who have enjoyed his friendship over the educational community. am pleased to say that another 15 the years, I wish him well in his latest The National Humanities Medal will Olympic competitors and one coach ‘‘retirement’’ and the best of luck with not be the first time Sharon has been came from the U.S. Olympic Education his ‘‘Children Come First’’ Founda- recognized for her work. She received Center based at Northern Michigan tion.∑ the 2000 Razor Walker Award from the University in Marquette. f University of North Carolina for her These athletes didn’t just do Michi- contributions to the lives of children gan proud, or the Nation proud; they IN RECOGNITION OF MAYOR and youth; the Woman Distinction made the whole world of amateur ath- DOUGLAS H. PALMER Award from Birmingham Southern letics proud. ∑ Mr. TORRICELLI. Mr. President, I University in 1999; the Albert Schweit- They, and all the great athletes who rise today to recognize Mayor Douglas zer Prize for Humanitarianism from participated, gave us a chance to share Palmer of Trenton, NJ who is being Johns Hopkins University in 1998; the together in another motto of the Win- honored by the Mercer County Cham- Charles A. Dana Award for Pioneering ter Olympics, ‘‘Celebrating Humanity.’’ ber of Commerce as its Citizen of the Achievement in education in 1996; and It was impossible to watch these Year. the Harold W. McGraw Award for Out- games without marveling at all the Mayor Palmer has achieved a long standing Educator in 1993. She has also hard work and dedication these young list of accomplishments since becom- received several honorary doctorate de- people brought to the games. ing the mayor of his hometown. Under grees for her contributions to edu- So, again, let me congratulate the Mayor Palmer’s leadership, tremen- cation and has been featured on the athletes from Michigan as well as the dous strides have been made in the Arts & Entertainment television net- athletes from across our Nation and Trenton area. He has overseen the con- work’s series, ‘‘Biography.’’ Her latest around the world who gave us a chance struction and rehabilitation of hun- accolade places her in the company of to watch the best compete against each dreds of new homes for working fami- such great men and women as Stephen other and together celebrate the spirit lies and created numerous economic Ambrose, Ken Burns, and Toni Morri- of humanity, the spirit of the Olym- development projects that have led to son. The National Humanities Medal is pics.∑ the lowest unemployment rate in a the Federal Government’s highest f decade. honor recognizing achievement in the Some of Mayor Palmer’s most im- humanities. TRIBUTE TO MR. CLIFFORD C. pressive achievements include the Sharon Darling has been a shining LAPLANTE work he has done for the children of star for the literacy movement ∑ Mr. WARNER. Mr. President, I rise Trenton. He established the ‘‘Trenton throughout her career as an educator, today to pay tribute to a great Amer- Loves Children’’ program, representing guiding the unfortunate into a land of ican who has served his country well. the city’s first comprehensive program opportunity. I congratulate Ms. Dar- For over five decades, Cliff LaPlante for children that ensures preschoolers ling for this much deserved distinction has dedicated himself to supporting the will receive free immunizations against and thank her for striving to make the defense needs of the Nation. Born in childhood diseases. He also brought the

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.045 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2073 country’s first federally funded Weed ness leaders the importance of team- with a 6-month periodic report pre- and Seed anti-drug program to Tren- work, commitment, and responsi- pared by my Administration on the na- ton. bility.∑ tional emergency with respect to the In light of Mayor Palmer’s achieve- f National Union for the Total Independ- ments as mayor of Trenton, he serves ence of Angola (UNITA) that was de- as an exemplar of the positive goals IN RECOGNITION OF THE ROBERT clared in Executive Order 12865 of Sep- that can be achieved by a mayor who is WOOD JOHNSON UNIVERSITY tember 26, 1993. a tireless advocate for his community.∑ HOSPITAL GEORGE W. BUSH. f ∑ Mr. TORRICELLI. Mr. President, I THE WHITE HOUSE, March 19, 2002. TRIBUTE TO DESIGNER TICKETS & rise today to honor The Robert Wood f MORE Johnson University Hospital. At the THE 2002 TRADE POLICY AGENDA forthcoming 132nd Mercer County ∑ Mr. BUNNING. Mr. President, I rise AND 2001 ANNUAL REPORT ON Chamber of Commerce annual awards THE TRADE AGREEMENTS PRO- today to honor a very special teacher dinner, the Robert Wood Johnson Uni- and group of students from Estill Coun- GRAM—MESSAGE FROM THE versity Hospital will be recognized PRESIDENT—PM 78. ty High School. Yesterday in Frank- with the Mercer County Chamber of fort, Connie Witt and her students re- Commerce’s Distinguished Corporation The PRESIDING OFFICER laid be- ceived a Springboard Award and a of the Year Award for its outstanding fore the Senate the following message $2,000 grant from the Appalachian Re- efforts in providing support for the from the President of the United gional Commission. Ms. Witt and her postal workers facing the potential ex- States, together with an accompanying students were recognized for their suc- posure to anthrax. report; which was referred to the Com- cess running Designer Tickets & More, As our nation’s Capitol, Florida, and mittee on Finance. a school-based printing business, which the New York/New Jersey Area faced To the Congress of the United States: prints designs on everything from the fallout of anthrax laced letters, the As required by section 163 of the bumper stickers to ball caps. Robert Wood Johnson University Hos- Trade Act of 1974, as amended (19 Six years ago, Connie Witt, who has pital did its part to help our nation. U.S.C. 2213), I transmit herewith the taught business classes at Estill Coun- After it came to light on October 13th 2002 Trade Policy Agenda and 2001 An- ty High School for nine years, received that the anthrax-tainted letter sent to nual Report on the Trade Agreements free ticket-making software in the the NBC offices was processed at the Program, as prepared by my Adminis- mail. Ms. Witt, an entrepreneur at United States Post Office on Route 130 tration as of March 1, 2002. heart, thought it would be a shame to in Hamilton, the Robert Wood Johnson GEORGE W. BUSH. let this software go to waste, so she de- University Hospital stepped forward to THE WHITE HOUSE, March 19, 2002. cided that, with the help of a few stu- meet the needs of the community. f dents, she could be in charge of print- Under the dynamic leadership of MEASURE HELD AT THE DESK ing tickets for the district basketball Christy Stephenson, the hospital as- tournament. Soon, Ms. Witt and her sessed the potential need for Cipro The following resolution was ordered student staff realized the value of their within the community and took steps held at the desk by unanimous consent: work and were suddenly printing de- to secure the amount of Cipro the situ- S. Res. 227. A resolution to clarify the rules signs on business cards, buttons, ation required. regarding pro bono legal services by Sen- ators. mousepads, and mugs. Today, the busi- Further, understanding the urgent ness known as Designer Tickets & need for its services, the hospital ac- f More serves more than 300 customers commodated its schedule to treat the EXECUTIVE AND OTHER in Estill County. They have been patients from the anthrax exposure COMMUNICATIONS lauded by their customers as efficient, area while continuing to keep its ap- creative, and affordable. The students The following communications were pointments with regular clients. laid before the Senate, together with redirect their profits back into the As an exemplary corporate citizen of business as an insurance policy for pro- accompanying papers, reports, and doc- the Mercer County community, Robert uments, which were referred as indi- gressive thinking. Wood Johnson University Hospital’s ef- Students who wish to participate in cated: forts during this time of crisis were of EC–5784. A communication from the Regu- this business venture must submit re- life saving importance to over sixteen sumes and go through an interview lations Officer of the Federal Motor Carrier hundred individuals. I am proud to Safety Administration, transmitting, pursu- process just as if they were applying know that we have such fine institu- ant to law, the report of a rule entitled for a job in my office. From among the tions looking after the healthcare of ‘‘Motor Carrier Identification Report’’ applicants, Ms. Witt chooses chief ex- New Jersey residents.∑ ((RIN2126–AA57)(2002–0002)) received on ecutive officers, department heads, and March 12, 2002; to the Committee on Com- employees. The students are held re- f merce, Science, and Transportation. sponsible for clocking in and out and PERIODIC REPORT ON THE NA- EC–5785. A communication from the Chief of Regulations and Administrative Law, must inform their boss if they will be TIONAL EMERGENCY WITH RE- unable to come to work due to sickness United States Coast Guard, Department of SPECT TO NATIONAL UNION FOR Transportation, transmitting, pursuant to or vacation. Up to 30 students are in THE TOTAL INDEPENDENCE OF law, the report of a rule entitled ‘‘Draw- charge of running the business each se- ANGOLA (UNIT) FOR THE PERIOD bridge Regulations: Saugatuck River, CT’’ mester. They are required to make SEPTEMBER 26, 2001 THROUGH ((RIN2115–AE47)(2002–0025)) received on sales calls, fill out order forms, design MARCH 25, 2002—MESSAGE FROM March 14, 2002; to the Committee on Com- creative products, and prepare in- THE PRESIDENT—PM 77. merce, Science, and Transportation. voices. I applaud Ms. Witt for the phe- EC–5786. A communication from the Chief The PRESIDING OFFICER laid be- nomenal job she has done creating an of Regulations and Administrative Law, fore the Senate the following message United States Coast Guard, Department of educational atmosphere where students from the President of the United Transportation, transmitting, pursuant to can learn not only about business ba- States, together with an accompanying law, the report of a rule entitled ‘‘Draw- sics such as inventory and sales but report; which was referred to the Com- bridge Regulations; Harlem River, NY’’ also life-skills such as leadership and mittee on Banking, Housing, and ((RIN2115–AE47)(2002–0024)) received on responsibility. March 14, 2002; to the Committee on Com- Urban Affairs. I ask that my fellow colleagues join merce, Science, and Transportation. me in congratulating Designer Tickets To the Congress of the United States: EC–5787. A communication from the Chief & More on receiving a Springboard As required by section 401(c) of the of Regulations and Administrative Law, United States Coast Guard, Department of award and for their hard work and National Emergencies Act, 50 U.S.C. Transportation, transmitting, pursuant to dedication. I believe Ms. Witt has dis- 1641(c), and section 204(c) of the Inter- law, the report of a rule entitled ‘‘Draw- covered an effective and educational national Emergency Economic Powers bridge Regulations; Three Mile Creek, Ala- way to teach Kentucky’s future busi- Act, 50 U.S.C. 1703(c), I transmit here- bama’’ ((RIN2115–AE47)(2002–0023)) received

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.002 pfrm02 PsN: S19PT1 S2074 CONGRESSIONAL RECORD — SENATE March 19, 2002 on March 14, 2002; to the Committee on Com- necting Waterways, NY’’ ((RIN2115– Broadcast Signal Carriage Issues’’ ((CS Doc merce, Science, and Transportation. AE47)(2002–0031)) received on March 14, 2002; No. 00–96)(FCC–01–249)) received on March 15, EC–5788. A communication from the Chief to the Committee on Commerce, Science, 2002; to the Committee on Commerce, of Regulations and Administrative Law, and Transportation. Science, and Transportation. United States Coast Guard, Department of EC–5797. A communication from the Chief EC–5805. A communication from the Sec- Transportation, transmitting, pursuant to of Regulations and Administrative Law, retary of Transportation, transmitting, pur- law, the report of a rule entitled ‘‘Draw- United States Coast Guard, Department of suant to law, the Department’s Annual Re- bridge Regulations: Norwalk River, CT’’ Transportation, transmitting, pursuant to port of the Maritime Administration ((RIN2115–AE47)(2002–0028)) received on law, the report of a rule entitled ‘‘Safety/Se- (MARAD) for Fiscal Year 2000; to the Com- March 14, 2002; to the Committee on Com- curity Zone Regulations; Chevron Multi- mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. Point Mooring, Barbers Point Coast Hono- tation. EC–5789. A communication from the Chief lulu, HI (COTP Honolulu 01–005)’’ ((RIN2115– EC–5806. A communication from the Assist- of Regulations and Administrative Law, AA97)(2002–0052)) received on March 14, 2002; ant Administrator of the Office of Oceanic United States Coast Guard, Department of to the Committee on Commerce, Science, and Atmospheric Research, National Oceanic Transportation, transmitting, pursuant to and Transportation. and Atmospheric Administration, Depart- law, the report of a rule entitled ‘‘Draw- EC–5798. A communication from the Chief ment of Commerce, transmitting, pursuant bridge Regulations: Jamaica Bay and Con- of Regulations and Administrative Law, to law, the report of a rule entitled ‘‘NOAA necting Waterways, NY’’ ((RIN2115– United States Coast Guard, Department of Climate and Global Change Program, Pro- AE47)(2002–0030)) received on March 14, 2002; Transportation, transmitting, pursuant to gram Announcement’’ received on March 15, to the Committee on Commerce, Science, law, the report of a rule entitled ‘‘Safety/Se- 2002; to the Committee on Commerce, and Transportation. curity Zone Regulations; Ohio River Mile Science, and Transportation. EC–5790. A communication from the Chief 119.0 to 119.8, Natrium, West Virginia (COTP EC–5807. A communication from the Acting of Regulations and Administrative Law, Pittsburgh 01–001)’’ ((RIN2115–AA97)(2002– Director of the Office of Sustainable Fish- United States Coast Guard, Department of 0050)) received on March 14, 2002; to the Com- eries, National Marine Fisheries Service, De- Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- partment of Commerce, transmitting, pursu- law, the report of a rule entitled ‘‘Draw- tation. ant to law, the report of a rule entitled bridge Regulations: Spanish River Boulevard EC–5799. A communication from the Chief ‘‘Fisheries of the Exclusive Economic Zone (N.E. 40th Street) Drawbridge, Atlantic In- of Regulations and Administrative Law, Off Alaska; Pacific Cod by Vessels Using tracoastal Waterway, Boca Raton, Florida’’ United States Coast Guard, Department of Hook-and-Line Gear in the Bering Sea and ((RIN2115–AE47)(2002–0029)) received on Transportation, transmitting, pursuant to Aleutian Islands Management Area’’ re- March 14, 2002; to the Committee on Com- law, the report of a rule entitled ‘‘Safety/Se- ceived on March 15, 2002; to the Committee merce, Science, and Transportation. curity Zone Regulations: Ohio River Mile on Commerce, Science, and Transportation. EC–5791. A communication from the Chief 34.6 to 35.1, Shippingport, Pennsylvania EC–5808. A communication from the Attor- of Regulations and Administrative Law, (COTP Pittsburgh 01–001)’’ ((RIN2115– ney/Advisor, Department of Transportation, United States Coast Guard, Department of AA97)(2002–0049)) received on March 14, 2002; transmitting, pursuant to law, the report of Transportation, transmitting, pursuant to to the Committee on Commerce, Science, a nomination confirmed for the position of law, the report of a rule entitled ‘‘Draw- and Transportation. Administrator, received on March 15, 2002; to bridge Regulations: Hackensack River, NJ’’ EC–5800. A communication from the Chief the Committee on Commerce, Science, and ((RIN2115–AE47)(2002–0027)) received on of Regulations and Administrative Law, Transportation. March 14, 2002; to the Committee on Com- United States Coast Guard, Department of EC–5809. A communication from the Attor- merce, Science, and Transportation. Transportation, transmitting, pursuant to ney/Advisor, Department of Transportation, EC–5792. A communication from the Chief law, the report of a rule entitled ‘‘Safety/Se- transmitting, pursuant to law, the report of of Regulations and Administrative Law, curity Zone Regulations: Port of Charleston, a nomination for the position of Under Sec- United States Coast Guard, Department of South Carolina (COTP Charleston 01–145)’’ retary of Transportation for Security, re- Transportation, transmitting, pursuant to ((RIN2115–AA97)(2002–0048)) received on ceived on March 15, 2002; to the Committee law, the report of a rule entitled ‘‘Draw- March 14, 2002; to the Committee on Com- on Commerce, Science, and Transportation. bridge Regulations: Hampton River, NH’’ merce, Science, and Transportation. EC–5810. A communication from the Acting ((RIN2115–AE47)(2002–0026)) received on EC–5801. A communication from the Assist- Director of the Office of Sustainable Fish- March 14, 2002; to the Committee on Com- ant Administrator, Office of Oceanic and At- eries, National Marine Fisheries Service, De- merce, Science, and Transportation. mospheric Research, National Oceanic and partment of Commerce, transmitting, pursu- EC–5793. A communication from the Chief Atmospheric Administration, Department of ant to law, the report of a rule entitled of Regulations and Administrative Law, Commerce, transmitting, pursuant to law, ‘‘Fisheries Off West Coast States and in the United States Coast Guard, Department of the report of a rule entitled ‘‘Sea Grant Fel- Western Pacific; West Coast Salmon Fish- Transportation, transmitting, pursuant to lowships: (1) National Marine Fisheries Serv- eries; Inseason Actions for the Recreational law, the report of a rule entitled ‘‘Safety/Se- ice—Sea Grant Joint Graduate Fellowship and Commercial Salmon Seasons from the curity Zone Regulations; Port of Tampa, Program in Population Dynamics and Ma- U.S.-Canada Border to Cape Falcon, Oregon’’ Tampa Florida (COTP Tampa 01–097)’’ rine Resource Economics; and (2) Sea (I.D. 092601B) received on March 15, 2002; to ((RIN2115–AA97)(2002–0047)) received on Grant—Industry Fellowship Program: Re- the Committee on Commerce, Science, and March 14, 2002; to the Committee on Com- quest for Applications for FY 2002’’ received Transportation. merce, Science, and Transportation. on March 15, 2002; to the Committee on Com- EC–5811. A communication from the Acting EC–5794. A communication from the Chief merce, Science, and Transportation. General Counsel, Consumer Product Safety of Regulations and Administrative Law, EC–5802. A communication from the Acting Commission, transmitting, pursuant to law, United States Coast Guard, Department of Director of the Office of Sustainable Fish- the report of a rule entitled ‘‘Child-Resistant Transportation, transmitting, pursuant to eries, National Marine Fisheries Service, De- Packaging for Certain Over-The-Counter law, the report of a rule entitled ‘‘Safety/Se- partment of Commerce, transmitting, pursu- Drug Products; Correction’’ (FR Doc. 01– curity Zone Regulations; Missouri River, ant to law, the report of a rule entitled 31400) received on March 15, 2002; to the Com- Mile Marker 646.0 to 645.6, Fort Calhoun, Ne- ‘‘Fisheries of the Exclusive Economic Zone mittee on Commerce, Science, and Transpor- braska (COTP St. Louis 02–001)’’ ((RIN2115– Off Alaska; North Pacific Halibut and Sable- tation. AA97)(2002–0046)) received on March 14, 2002; fish IFQ Cost Recovery Program’’ received EC–5812. A communication from the Senior to the Committee on Commerce, Science, on March 15, 2002; to the Committee on Com- Legal Advisor to the Bureau Chief, Mass and Transportation. merce, Science, and Transportation. Media Bureau, Federal Communications EC–5795. A communication from the Chief EC–5803. A communication from the Legal Commission, transmitting, pursuant to law, of Regulations and Administrative Law, Advisor, Wireless Telecommunications Bu- the report of a rule entitled ‘‘Amendment of United States Coast Guard, Department of reau, Federal Communications Commission, Section 73.202(b), Table of Allotments, FM Transportation, transmitting, pursuant to transmitting, pursuant to law, the report of Broadcast Stations; McCall, Idaho and law, the report of a rule entitled ‘‘Safety/Se- a rule entitled ‘‘Revision of the Commis- Pinesdale, Montana’’ (MM Doc. No. 01–93) re- curity Zone Regulations: Missouri River, sion’s Rules to Ensure Compatibility with ceived on March 15, 2002; to the Committee Mile Marker 532.9 to 532.5, Brownville, Ne- Enhanced 911 Emergency Calling Systems: on Commerce, Science, and Transportation. braska (COTP St. Louis 02–002)’’ ((RIN2115– Petition of Richardson, Texas’’ ((FCC 01– EC–5813. A communication from the Senior AA97)(2002–0045)) received on March 14, 2002; 293)(CC Doc. No. 94–102)) received on March Legal Advisor to the Bureau Chief, Mass to the Committee on Commerce, Science, 15, 2002; to the Committee on Commerce, Media Bureau, Federal Communications and Transportation. Science, and Transportation. Commission, transmitting, pursuant to law, EC–5796. A communication from the Chief EC–5804. A communication from the Legal the report of a rule entitled ‘‘Amendment of of Regulations and Administrative Law, Advisor to the Chief, Cable Services Bureau, Section 73.202(b), Table of Allotments, FM United States Coast Guard, Department of Federal Communications Commission, trans- Broadcast Stations; Savoy, Texas’’ (MM Doc. Transportation, transmitting, pursuant to mitting , pursuant to law, the report of a No. 01–149) received on March 15, 2002; to the law, the report of a rule entitled ‘‘Draw- rule entitled ‘‘Implementation of the Sat- Committee on Commerce, Science, and bridge Regulations: Jamaica Bay and Con- ellite Home Viewer Improvement Act of 1999: Transportation.

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.039 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2075 EC–5814. A communication from the Senior transmitting, pursuant to law, the report of ice, Class of Minister-Counselor, to be Am- Legal Advisor to the Bureau Chief, Mass the Office of the Inspector General for the bassador Extraordinary and Plenipotentiary Media Bureau, Federal Communications period April 1, 2001 through September 30, of the United States of America to Georgia. Commission, transmitting, pursuant to law, 2001; to the Committee on Governmental Af- (The following is a list of all members of the report of a rule entitled ‘‘Amendment of fairs. my immediate family and their spouses. I Section 73.202(b), Table of Allotments, FM EC–5826. A communication from the Vice have asked each of these persons to inform Broadcast Stations; Oswego and Granby, President of Human Resources, CoBank, me of the pertinent contributions made by New York’’ (MM Doc. No. 00–169) received on transmitting, pursuant to law, a report rel- them. To the best of my knowledge, the in- March 15, 2002; to the Committee on Com- ative to the ACB Retirement Plan for the formation contained in this report is com- merce, Science, and Transportation. year calendar year 2000; to the Committee on plete and accurate.) EC–5815. A communication from the Senior Governmental Affairs. Nominee: Richard Monroe Miles. Legal Advisor to the Bureau Chief, Mass EC–5827. A communication from the Sec- Post: Georgia. Media Bureau, Federal Communications retary of the Treasury, transmitting, pursu- Contributions, Amount, Date and Donee: Commission, transmitting, pursuant to law, ant to law, the Department’s Accountability 1. Self: None. the report of a rule entitled ‘‘Amendment of Report for fiscal year 2001; to the Committee 2. Spouse: None. Section 73.202(b), Table of Allotments, TV on Governmental Affairs. 3. Children and Spouses: Richard Lee Broadcast Stations; Elk City, Oklahoma and EC–5828. A communication from the Sec- Miles, none; Elizabeth Miles, none. Borger, Texas (MM Doc. No. 01–134) received retary of Energy, transmitting, pursuant to 4. Parents: Deceased. on March 15, 2002; to the Committee on Com- law, the Department’s Performance and Ac- 5. Grandparents: Deceased. merce, Science, and Transportation. countability Report for Fiscal Year 2001; to 6. Brothers and Spouses: Deceased. EC–5816. A communication from the Direc- the Committee on Governmental Affairs. 7. Sisters and Spouses: Louise Angell (Richard Angell), none; Lois Navarro (hus- tor of the Workforce Compensation and Per- f formance Service, Office of Personnel Man- band deceased), none; Donna Peabody, none. agement, transmitting, pursuant to law, the REPORTS OF COMMITTEES report of a rule entitled ‘‘Cost-of-Living Al- *Peter Terpeluk, Jr., of Pennsylvania, to The following reports of committees be Ambassador Extraordinary and Pleni- lowances (Nonforeign Areas); Commissary/ were submitted: Exchange Rates; Survey Frequency; Gradual potentiary of the United States of America By Mr. BIDEN, from the Committee on Reductions’’ (RIN3206–AJ40) received on to Luxembourg. Foreign Relations, without amendment: March 15, 2002; to the Committee on Govern- (The following is a list of all members of H.R. 2739: To amend Public Law 107–10 to mental Affairs. my immediate family and their spouses. I EC–5817. A communication from the Office authorize a United States plan to endorse have asked each of these persons to inform of the Special Counsel, transmitting, pursu- and obtain observer status for Taiwan at the me of the pertinent contributions made by ant to law, the Counsel’s Annual Report for annual summit of the World Health Assem- them. To the best of my knowledge, the in- Fiscal Year 2000; to the Committee on Gov- bly in May 2002 in Geneva, Switzerland, and formation contained in this report is com- ernmental Affairs. for other purposes. plete and accurate.) EC–5818. A communication from the Execu- By Mr. BIDEN, from the Committee on Nominee: Peter Terpeluk, Jr. tive Director, Office of Navajo and Hopi In- Foreign Relations, without amendment and Post: Ambassador of Luxembourg. dian Relocation, transmitting, pursuant to with a preamble: Contributions, Amount, Date, and Donee: S. Res. 205: A resolution urging the Gov- law, the agency’s report submitted in accord- 1. Self: ernment of Ukraine to ensure a democratic, ance with the requirements of the Federal 1997–1998 Election Years: $1,000, 10/30/97, transparent, and fair election process leading Managers’ Fiscal Integrity Act of 1982, and ARM PAC; $500, 5/5/98, Defend America PAC; up to the March 31, 2002, parliamentary elec- the Inspector General Act of 1988; to the $750, 10/12/98, Susan B. Anthony List PAC; tions. Committee on Governmental Affairs. $1,000, 2/10/98, Missourians for Kit Bond (Sen- EC–5819. A communication from the Direc- By Mr. BIDEN, from the Committee on ate) (MO); $500, 1/26/98, Citizens for Bunning tor of the Trade and Development Agency, Foreign Relations, without amendment and (Congress) (KY); $500, 10/14/97, (John) Ensign transmitting, pursuant to law, a report on with an amended preamble: for Senate (NV); $50, 9/29/98, Ferguson for S. Res. 213: A resolution condemning the activities of the U.S. Trade and Develop- Congress (NJ); $1,000, 10/16/98, (Peter) Fitz- human rights violations in Chechnya and ment Agency Currently Procures from Out- gerald for Senate (IL); $250, 10/16/97, Friends urging a political solution to the conflict. side Sources; to the Committee on Govern- of Mark Foley for Congress (FL); $1,000, 10/29/ mental Affairs. f 97, Matt Fong for US Senate (CA); $250, 3/24/ 98, (Jon) Fox for Congress (PA); $250, 3/24/98, EC–5820. A communication from the Chair- EXECUTIVE REPORTS OF man of the Consumer Product Safety Com- (Jon) For for Congress (PA); $1,000, 10/29/98, mission, transmitting, pursuant to law, the COMMITTEES (Jon) Fox for Congress (PA); $125, 3/97, Bill Semiannual Report of the Office of the In- The following executive reports of Goodling for Congress (PA); $1,000, 10/20/98, spector General for the period April 1, 2001 committees were submitted: (Jim) Greenwood for Congress (PA); $1,000, 10/22/98, Friends of Connie Morella for Con- through September 30, 2001; to the Com- By Mr. BIDEN for the Committee on For- mittee on Governmental Affairs. gress (MD); $500, 3/25/98, Friends of Senator eign Relations: Nickles (Senate) (OK); $334, 4/24/97, Paxon for EC–5821. A communication from the Ad- *James W. Pardew, of Arkansas, to be Am- Congress (NY); $300, 8/29/97, Portman for Con- ministrator of the General Service Adminis- bassador Extraordinary and Plenipotentiary gress (OH); $500, 9/27/97, Regula for Congress tration, transmitting, pursuant to law, a re- of the United States of America to the Re- (OH); $350, 10/29/98, Regula for Congress (OH); port concerning new mileage reimbursement public of Bulgaria. $500, 2/98, Shelby for Senate (AL); $2,000, 6/97, rates for Federal employees who use pri- (The following is a list of all members of Arlen Specter for Senate (PA); $1,000, 6/25/97, vately owned vehicles while on official trav- my immediate family and their spouses. I Voinovich for Senate (OH); $500, 5/19/97, el; to the Committee on Governmental Af- have asked each of these persons to inform Weldon for Congress (PA); $500, 10/22/97, fairs. me of the pertinent contributions made by Weldon for Congress (PA); $335, 10/1997, Hagel EC–5822. A communication from the Comp- them. To the best of my knowledge, the in- for Senate (NE). troller General of the United States, trans- formation contained in this report is com- 1999–2000 Election Years: $500, 9/13/00, Susan mitting, pursuant to law, the report of the plete and accurate.) B. Anthony List Candidate Fund; $500, 2/19/99, lists of General Accounting Office reports for Nominee: James W. Pardew, Jr. Defend America PAC; $500, 4/29/97, Abraham October 2001; to the Committee on Govern- Post: Ambassador to Bulgaria. mental Affairs. Contributions, Amount, Date, and Donee: Senate 2000 (MI); $1,000, 7/28/98, Ashcroft 2000 EC–5823. A communication from the Chair- Self: None. (for Senate) (MO); $1,000, 9/21/99, Ashcroft 2000 man of the Federal Trade Commission, 2. Spouse: Mary K. Pardew, None. (for Senate) (MO); $300, 10/12/00, Bayou Lead- transmitting, pursuant to law, the Semi- 3. Children and Spouses: Major and Mrs. er PAC; $1,000, 3/30/99, Bush for President annual report of the Office of the Inspector Paul Pardew, Jon N. Pardew, David A.J. (TX); $1,000, 11/22/99, Bush for President Com- General for the period April 1, 2001 through Pardew, None. pliance Fund Ctte; $1,000, 3/23/99, DeWine for September 30, 2001; to the Committee on 4. Parents; Frances Pardew, $35.00, October Senate (OH); $1,000, 8/5/99, English for Con- Governmental Affairs. 2001, William J Clinton Foundation; James gress (PA); $610, 4/20/99, Foley for Congress EC–5824. A communication from the Execu- Pardew, deceased. (FL); $89, 3/14/00, Foley for Congress (FL); tive Director of the District of Columbia Fi- 5. Grandparents: Mr. and Mrs. John Sam- 1,000, 10/26/00, Bob Franks for US Senate, nancial Responsibility and Management As- ple, deceased; Mr. and Mrs. Thomas J. Inc.; $1,000, 9/12/00, friends of Dylan Glenn sistance Authority, transmitting, pursuant Pardew, deceased. (for Congress ) (GA); $500, 3/22/00, Greenwood to law, the Authority’s unaudited general- 6. Brothers and Spouses: John T. Pardew, for Congress (PA); $73, 10/14/99, Kuykendall purpose Financial Statements for the fiscal none. for Congress (CA); $500, 3/10/99, John Kyl for year ending September 30, 2001; to the Com- 7. Sisters and Spouses: None. US Senate (AZ); $1000, 9/28/00, Lazio for Sen- mittee on Governmental Affairs. ate (NY); $1,000, 10/11/00, Stenberg for Senate EC–5825. A communication from the Chair- *Richard Monroe Miles of South Carolina, (NE); $300, 9/28/00, Tauzin for Congress (LA); man of the Federal Housing Finance Board, a Career Member of the Senior Foreign Serv- $1,000, 10/14/00, Shelby for Senate (AL).

VerDate 11-MAY-2000 03:08 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.041 pfrm02 PsN: S19PT1 S2076 CONGRESSIONAL RECORD — SENATE March 19, 2002 2001 Election Year: $1,000, 06/2001, Reynolds them. To the best of my knowledge, the in- By Mr. CONRAD: for Congress. formation contained in this report is com- S. 2030. A bill to establish a community 2. Diane G. Terpeluk (spouse): plete and accurate.) Oriented Policing Services anti-meth- 1997–1998 Election Years: $750, 10/12/98, Susan Nominee: Robert Patrick John Finn. amphetamine grant program, and for other B. Anthony List (PAC); $500, 10/27/97, Weller Post: Kabul, Afghanistan. purposes; to the Committee on the Judici- for Congress (IL); $1,000, 7/17/98, Faircloth for Contributions, Amount, Date, Donee: ary. Senate (NC); $250, 3/20/98, Mike Forbes for 1. Self: None. By Mr. LEAHY (for himself and Mr. Congress (NY); $250, 3/20/98, Hayworth for 2. Spouse: None. 3. Children and Spouses: Edward Frederick BROWNBACK): Congress (AZ); $1,000, 11/13/97, Fong for Sen- S. 2031. A bill to restore Federal remedies ate (CA); $1,000, 10/14/98, Fong for Senate Finn, none. 4. Parents: Deceased. for infringements of intellectual property by (CA); $1,000, 3/27/97, Ferguson for Congress 5. Grandparents: Deceased. States, and for other purposes; to the Com- (NJ); $250, 10/13/98, Pappas for Congress (NJ); 6. Brothers and Spouses: Edward and Linda mittee on the Judiciary. $250, 3/20/98, Nielsen for Congress (CT). Finn, $300, 1998, 1999, 2000, 2001, Dem. Party, By Mr. DURBIN: 1999–2000 Election Years: $500, 9/13/00, Susan William and Eileen Finn, none. S. 2032. A bill to amend the Employee Re- B. Anthony List (PAC); $1,000, 3/30/99, Bush 7. Sisters and Spouses: John Smith, none; tirement Income Security Act of 1974 to pro- for President; $1,000, 11/10/99, Friends of Margaret and James Hartigan, none; Eliza- vide for improved disclosure, diversification, George Allen (Senate) (VA); $10,000, 5/11/00, beth and Edwin Dowling, none. account access, and accountability under in- RNC Presidential Trust; $500, 9/28/00, Walsh dividual account plans; to the Committee on for Congress (NJ); $1,000, 9/12/00, Friends of *Robert B. Holland, III, of Texas, to be Health, Education, Labor, and Pensions. Dylan Glenn (for Congress) (GA); $1,000, 10/12/ United States Alternate Executive Director By Mr. CHAFEE (for himself, Mr. 00, Stenberg for Senate 2000 (NE); $1,000, 10/3/ of the International Bank For Reconstruc- REED, Mr. KERRY, and Mr. KENNEDY): 00, Republican State Central Committee of tion and Development for a term of two S. 2033. A bill to authorize appropriations MD; $1,000, 10/30/00, Greenleaf for Congress. years. for the John H. Chafee Blackstone River Val- 2001 Election Year: $1,000, 6/27/01, Collins for *Emmy B. Simmons, of the District of Co- ley National Heritage Corridor in Massachu- Senate (ME). lumbia, to be an Assistant Administrator of setts and Rhode Island, and for other pur- 3. Peter Terpeluk III (son): None; Meredith the United States Agency for International poses; to the Committee on Energy and Nat- A. Terpeluk (daughter): None. Development. ural Resources. 4. Catherine L. Terpeluk (mother) (de- By Mr. VOINOVICH (for himself, Mr. ceased): None; Peter Terpeluk (father) (de- Mr. BIDEN. Mr. President, for the Committee on Foreign Relations I re- FEINGOLD, Mr. LEVIN, Mr. DEWINE, ceased): None. and Mr. WARNER): 5. Katherine Long (maternal grandmother) port favorably the following nomina- S. 2034. A bill to amend the Solid Waste (deceased): None; Peter Long (maternal tion lists which were printed in the Disposal Act to impose certain limits on the grandfather) (deceased): None; Anna RECORD on the dates indicated, and ask receipt of out-of-State municipal solid Terpeluk (paternal grandmother) (deceased): unanimous consent, to save the ex- waste; to the Committee on Environment None; George Terpeluk (paternal grand- pense of reprinting on the Executive and Public Works. father) (deceased): None. Calendar that these nominations lie at 6. Paul Terpeluk (brother): $1,000, 5/14/97, SUBMISSION OF CONCURRENT AND Citizens for Arlen Specter; $1,000, 8/6/97, Com- the Secretary’s desk for the informa- mittee to Re-elect Ed Towns; $250, 10/22/98, tion of Senators. SENATE RESOLUTIONS Ellen Sauerbrey for Governor (MD); Sandra The PRESIDING OFFICER. Without The following concurrent resolutions Terpeluk (sister-in-law): $250, 10/22/98, Ellen objection, it is so ordered. and Senate resolutions were read, and Sauerbrey for Governor (MD); $100, 9/13/00, Foreign Service nominations beginning referred (or acted upon), as indicated: Maryland Victory 2000. Jeffrey Davidow and ending George E. By Mr. MCCONNELL (for himself, Mr. 7. Patricia Lynn Terpeluk Anderson (sis- Moose, which nominations were received by MCCAIN, and Mr. FEINGOLD): ter): None; Tom Anderson (brother-in-law): the Senate and appeared in the CONGRES- None. S. Res. 227. A resolution to clarify the rules SIONAL RECORD on December 20, 2001. regarding the acceptance of pro bono legal Foreign Service nominations beginning *Lawrence E. Butler, of Maine, a Career services by Senators; ordered held at the Gustavio Alberto Mejia and ending Joseph E. desk. Member of the Senior Foreign Service, Class Zadrozny, Jr., which nominations were re- of Counselor, to be Ambassador Extraor- ceived by the Senate and appeared in the f dinary and Plenipotentiary of the United CONGRESSIONAL RECORD on December 20, 2001. States of America to The Former Yugoslav ADDITIONAL COSPONSORS Republic of Macedonia. *Nomination was reported with rec- (The following is a list of all members of ommendation that it be confirmed sub- S. 606 my immediate family and their spouses. I ject to the nominee’s commitment to At the request of Mr. CRAPO, the have asked each of these persons to inform respond to requests to appear and tes- name of the Senator from Iowa (Mr. me of the pertinent contributions made by tify before any duly constituted com- GRASSLEY) was added as a cosponsor of them. To the best of my knowledge, the in- mittee of the Senate. S. 606, a bill to provide additional au- formation contained in this report is com- (Nominations without an asterisk plete and accurate.) thority to the Office of Ombudsman of Nominee: Lawrence E. Butler. were reported with the recommenda- the Environmental Protection Agency. Post: Ambassador to the Former Yugoslav tion that they be confirmed.) S. 966 Republic of Macedonia. f At the request of Mr. DORGAN, the Contributions, Amount, Date, and Donee: INTRODUCTION OF BILLS AND 1. Self: None. name of the Senator from South Caro- 2. Spouse: None. JOINT RESOLUTIONS lina (Mr. HOLLINGS) was added as a co- 3. Children and Spouses: Charles E. Butler, The following bills and joint resolu- sponsor of S. 966, a bill to amend the none. tions were introduced, read the first National Telecommunications and In- 4. Parents: Charles L. Butler, deceased; formation Administration Organiza- Joan Haskell Hardy, deceased. and second times by unanimous con- 5. Grandparents: Lewis and Elizabeth sent, and referred as indicated: tion Act to encourage deployment of Whipple Butler, deceased; Norman and Lil- By Mr. SCHUMER (for himself and broadband service to rural America. lian Haskell, deceased. Mrs. CLINTON): S. 1022 6. Brothers and Spouses: None. S. 2028. A bill to authorize the President to At the request of Mr. NELSON of Flor- 7. Sisters and Spouses: C.J. Butler & Ste- award the Medal of Honor posthumously to ida, his name was added as a cosponsor phen Coughlan, $100, 9/01, Shaheen For Gov.; Henry Johnson, of Albany, New York, for of S. 1022, a bill to amend the Internal $100 1996 Dole for Presi; Barbara & Phil Mer- acts of valor during World War I and to di- rill, $3,000, 2000, Mark Lawrence for Senate; rect the Secretary of the Army to conduct a Revenue Code of 1986 to allow Federal $1,000, 1992, DNC. review of military service records to deter- civilian and military retirees to pay mine whether certain other African Amer- health insurance premiums on a pretax *Robert Patrick John Finn, of New York, a ican World War I veterans should be awarded basis and to allow a deduction for Career Member of the Senior Foreign Serv- the Medal of Honor for actions during that TRICARE supplemental premiums. ice, Class of Counselor, to be Ambassador Ex- war; to the Committee on Armed Services. S. 1050 traordinary and Plenipotentiary of the By Mr. WARNER (for himself and Mr. At the request of Mr. SANTORUM, the United States of America to Afghanistan. ALLEN): (The following is a list of all members of S. 2029. A bill to convert the temporary name of the Senator from Oklahoma my immediate family and their spouses. I judgeship for the eastern district of Virginia (Mr. NICKLES) was added as a cosponsor have asked each of these persons to inform to a permanent judgeship, and for other pur- of S. 1050, a bill to protect infants who me of the pertinent contributions made by poses; to the Committee on the Judiciary. are born alive.

VerDate 11-MAY-2000 03:08 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.078 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2077 S. 1606 highway infrastructure investment at continued effective administration of At the request of Mr. NELSON of Flor- the guaranteed funding level contained justice in the Commonwealth of Vir- ida, the name of the Senator from Mas- in the Transportation Equity Act for ginia. I am joined in the Senate on this sachusetts (Mr. KENNEDY) was added as the 21st Century. initiative by my colleague Senator a cosponsor of S. 1606, a bill to amend S. 1991 GEORGE ALLEN. Congressman ROBERT title XI of the Social Security Act to At the request of Mr. HOLLINGS, the SCOTT is introducing similar legisla- prohibit Federal funds from being used name of the Senator from Connecticut tion today in the House of Representa- to provide payments under a Federal (Mr. LIEBERMAN) was added as a co- tives. health care program to any health care sponsor of S. 1991, to establish a na- Simply put, the legislation we are in- provider who charges a membership of tional rail passenger transportation troducing today will convert a tem- any other extraneous or incidental fee system, reauthorize Amtrak, improve porary judgeship in the Eastern Dis- to a patient as a prerequisite for the security and service on Amtrak, and trict of Virginia into a permanent one. provision of an item or service to the for other purposes. Without swift passage of this legisla- patient. S. RES. 109 tion, the Eastern District of Virginia S. 1617 At the request of Mr. REID, the could lose an authorized judgeship, At the request of Mr. DODD, the names of the Senator from New Jersey thus placing an even greater workload names of the Senator from Louisiana (Mr. CORZINE), the Senator from Mis- on the already hard working judges (Ms. LANDRIEU) and the Senator from souri (Mrs. CARNAHAN), the Senator that serve in this judicial district. By way of background, in 1990, Con- Illinois (Mr. DURBIN) were added as co- from Kansas (Mr. BROWNBACK), the gress authorized a temporary judgeship sponsors of S. 1617, a bill to amend the Senator from New York (Mr. SCHUMER), Workforce Investment Act of 1998 to in- and the Senator from Florida (Mr. for the Eastern District of Virginia, bringing the total number of author- crease the hiring of firefighters, and for GRAHAM) were added as cosponsors of other purposes. S. Res. 109, a resolution designating ized judgeships in that district to ten, S. 1707 the second Sunday in the month of De- nine permanent judgeships and one At the request of Mr. JEFFORDS, the cember as ‘‘National Children’s Memo- temporary judgeship. In 2000, Congress looked closely at name of the Senator from Colorado rial Day’’ and the last Friday in the the heavy caseload the judges of the (Mr. CAMPBELL) was added as a cospon- month of April as ‘‘Children’s Memo- Eastern District of Virginia carried, sor of S. 1707, a bill to amend title rial Flag Day.’’ XVIII of the Social Security Act to and as a result Congress authorized one S. RES. 219 additional permanent judgeship. With specify the update for payments under At the request of Mr. GRAHAM, the the medicare physician fee schedule for the advice of Senator ALLEN and me, name of the Senator from Virginia (Mr. President Bush has nominated Mr. 2002 and to direct the Medicare Pay- ALLEN) was added as a cosponsor of S. ment Advisory Commission to conduct Henry Hudson to fill this judicial va- Res. 219, a resolution expressing sup- cancy. I strongly support Mr. Hudson’s a study on replacing the use of the sus- port for the democratically elected tainable growth rate as a factor in de- nomination and look forward to him Government of Columbia and its efforts receiving a confirmation hearing and a termining such update in subsequent to counter threats from United States- years. vote in the full Senate. Mr. Hudson has designated foreign terrorist organiza- been deemed ‘‘well qualified’’ by the S. 1749 tions. American Bar Association. At the request of Mr. KENNEDY, the AMENDMENT NO. 3008 Thus, to date, eleven judgeships are names of the Senator from California At the request of Mr. DAYTON, the currently authorized on the Eastern (Mrs. BOXER), the Senator from Lou- name of the Senator from Missouri District of Virginia’s bench. However, isiana (Mr. BREAUX), the Senator from (Mrs. CARNAHAN) was added as a co- the temporary judgeship in the Eastern New Jersey (Mr. CORZINE), the Senator sponsor of amendment No. 3008 pro- District of Virginia is set to expire from Connecticut (Mr. LIEBERMAN), and posed to S. 517, a bill to authorize fund- with the first vacancy occurring after the Senator from Indiana (Mr. LUGAR) ing the Department of Energy to en- April 8, 2002. Thus, when one of the ac- were added as cosponsors of S. 1749, a hance its mission areas through tech- tive judges on the Eastern District bill to enhance the border security of nology transfer and partnerships for bench retires, takes senior status, or the United States, and for other pur- fiscal years 2002 through 2006, and for passes away, that position will not be poses. other purposes. filled, thus leaving the court with one S. 1777 AMENDMENT NO. 3023 less authorized judgeship than it has At the request of Mrs. CLINTON, the At the request of Mrs. LINCOLN, the currently. It is important to note that names of the Senator from Washington names of the Senator from Delaware Mr. Hudson’s nomination will not be (Mrs. MURRAY) and the Senator from (Mr. CARPER), the Senator from Illinois effected by the lapsing of the tem- Maryland (Ms. MIKULSKI) were added as (Mr. FITZGERALD), the Senator from porary judgeship. cosponsors of S. 1777, a bill to authorize Minnesota (Mr. DAYTON), and the Sen- If the temporary judgeship in the assistance for individuals with disabil- ator from North Dakota (Mr. DORGAN) Eastern District of Virginia lapses, and ities in foreign countries, including were added as cosponsors of amend- this judicial district loses an author- victims of landmines and other victims ment No. 3023 proposed to S. 517, a bill ized judgeship, an already overworked of civil strife and warfare, and for to authorize funding the Department of judiciary will be without relief. other purposes. Energy to enhance its mission areas The Judicial Conference of the S. 1911 through technology transfer and part- United States recommends that a dis- At the request of Mr. INHOFE, the nerships for fiscal years 2002 through trict have a newly authorized judgeship names of the Senator from Arkansas 2006, and for other purposes. when the weighted filings per judge ex- (Mrs. LINCOLN) and the Senator from f ceed 430 cases. In 2001, the weighted Tennessee (Mr. THOMPSON) were added caseload per judge on the Eastern Dis- as cosponsors of S. 1911, a bill to amend STATEMENTS ON INTRODUCED trict was 617. If Virginia’s temporary the Community Services block Grant BILLS AND JOINT RESOLUTIONS judgeship expires, the per judge weight- Act to reauthorize national and re- By Mr. WARNER (for himself and ed caseload would sky-rocket to 679 gional programs designed to provide in- Mr. ALLEN): cases per judge. structional activities for low-income S. 2029. A bill to convert the tem- Moreover, it is now clear based on ex- youth. porary judgeship for the eastern dis- perience that the Department of Jus- S. 1917 trict of Virginia to a permanent judge- tice has prosecuted and will continue At the request of Mr. JEFFORDS, the ship, and for other purposes; to the to prosecute terrorist cases in the names of the Senator from Alabama Committee on the Judiciary. Eastern District of Virginia. Already, (Mr. SESSIONS) and the Senator from Mr. WARNER. Mr. President, I rise the Eastern District is proceeding with Georgia (Mr. MILLER) were added as co- today to introduce bipartisan, bi- the cases of Zacaris Moussaoui and sponsors of S. 1917, a bill to provide for cameral legislation to help ensure the John Walker Lindh. While the judges

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.045 pfrm02 PsN: S19PT1 S2078 CONGRESSIONAL RECORD — SENATE March 19, 2002 on the Eastern District bench stand shal the resources of the Federal Gov- High Intensity Drug Trafficking Area, ready to proceed with these and other ernment, the expertise of State and which has provided additional Federal cases, these cases could significantly local law enforcement, and the eyes, funding to ensure that Federal, State, increase the numbers of cases and the ears, and caring of our Nation’s com- and local law enforcement works better complexity of cases the judges on this munities, to work together to eradi- as a team. The last piece of the puzzle bench preside over. cate the scourge of methamphetamine is to ensure that local police are able Given its already high case load and from our Nation. to work as closely as possible with the given the fact that the Eastern District Meth statistics are startling, not community. It is simply imperative is facing the likelihood of even a high- only for what they say about where we that if we are going to eradicate our er caseload with the terrorist prosecu- are currently, but even more important Nation’s spreading meth epidemic, and tions, the Eastern District of Virginia about the potential magnitude of the the countless associated shattered lives is in a unique position. Converting the problem in our very near future. Na- and futures lost, we all need to work temporary judgeship to a permanent tionwide U.S. Drug Enforcement Ad- together. one will provide some relief. ministration, DEA, meth lab seizures I urge my colleagues to support this Accordingly, Congressman SCOTT, have increased seven-fold from 1994 to legislation, and I ask unanimous con- Senator ALLEN and I have joined to- 2000. The North Dakota lab seizure sent that the text of this bill be printed gether in support of this legislation numbers are even more dramatic: a in the RECORD. that will simply allow the Eastern Dis- nearly twenty-fold increase from 1998 There being no objection, the bill was trict to continue to maintain its cur- to 2001. Among 2001 high school seniors, ordered to be printed in the RECORD, as rent level of eleven district court 6.9 percent had tried meth; the eighth- follows: judges. grade figure was 4.4 percent. Even more S. 2030 This request is inherently reason- startling perhaps is that 28.3 percent of Be it enacted by the Senate and House of Rep- able. We are simply asking to maintain high school seniors said it was ‘‘fairly resentatives of the United States of America in the status-quo of eleven authorized easy’’ or ‘‘very easy’’ to obtain meth. Congress assembled, judgeships on the Eastern District This is particularly alarming because SECTION 1. SHORT TITLE. bench. Meanwhile, the Judicial Con- meth is more addictive than cocaine, This Act may be referred to as the ‘‘COPS ference currently recommends one ad- leading to paranoia, aggression, violent Anti-Methamphetamine Act of 2002’’. ditional permanent judgeship and the behavior, and hallucinations, and ulti- SEC. 2. GRANTS AUTHORIZED. conversion of a temporary judgeship to mately, and amazingly quickly, to The Attorney General shall make grants a permanent judgeship. brain damage similar to Alzheimer’s on a competitive basis to State and local community policing programs aimed at anti- I ask Chairman LEAHY and Senator disease, stroke, and epilepsy. methamphetamine enforcement, production, HATCH to swiftly report this legislation The COPS Anti-Methamphetamine prevention, treatment, training, and intel- from the Judiciary Committee, and I Act of 2002 has one aim, to focus the ligence gathering efforts. urge my colleagues to support final principles of community policing on SEC. 3. USE OF FUNDS. passage. Time is of the essence. We the problem of methamphetamine. (a) IN GENERAL.—Grants made under sec- must ensure that the judicial system in Since its inception in 1994, the Commu- tion 2 may be used to support personnel sal- the Eastern District of Virginia con- nity Oriented Policing Services COPS, ary, equipment, and technology upgrades, of- tinues to be able to serve Virginians, program has been a catalyst for estab- ficer overtime, and training. and indeed the country, in an efficient lishing a partnership between police (b) ASSISTANCE FROM COPS OFFICE.—The manner. and the community, leading to a reduc- Community Oriented Policing Services (COPS) Office in the Department of Justice I ask unanimous consent that the tion in crime and a strengthening of shall work directly with participating State text of the bill be printed in the our neighborhoods. It is now time to and local community policing programs to RECORD. tightly focus the COPS success on our assist in crafting innovative anti-meth- There being no objection, the bill was nation’s meth scourge. amphetamine strategies. ordered to be printed in the RECORD, as Until now, meth use and production SEC. 4. APPLICATION. follows: has too often occurred underground Each eligible entity that desires a grant S. 2029 and below the radar screens of local under this Act shall submit an application to the Attorney General at such time, in such Be it enacted by the Senate and House of Rep- law enforcement. My COPS meth- manner, and accompanied by such informa- resentatives of the United States of America in amphetamine initiative, by bringing tion as the Attorney General may reason- Congress assembled, the community and the local police ably require. SECTION 1. DISTRICT JUDGESHIP FOR THE EAST- closer together, will help law enforce- ERN DISTRICT OF VIRGINIA. ment to react more quickly before a SEC. 5. SUPPLEMENT AND NOT SUPPLANT. (a) CONVERSION OF TEMPORARY JUDGESHIP Grant amounts received under this Act meth epidemic get ingrained in a local- shall be used to supplement, and not sup- TO PERMANENT JUDGESHIP.—The existing ity, to weed it out before its roots get judgeship for the eastern district of Virginia plant, other funds received by State and authorized by section 203(c) of the Judicial too deep. If a meth problem already ex- local community policing programs to assist Improvements Act of 1990 (28 U.S.C. 133 note; ists in a neighborhood, the community- in the methamphetamine problem. Public Law 101–650) shall, as of the date of oriented policing model will allow po- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. enactment of this Act, be authorized under lice to have a better pulse on the drug (a) IN GENERAL.—There are authorized to section 133 of title 28, United States Code, market, on both the supply and the de- be appropriated $75,000,000 for each of fiscal and the incumbent in that office shall hold mand ends to better know the market’s years 2003 through 2007. the office under section 133 of title 28, United pressure points. (b) LIMITATION.—Not less than 50 percent of States Code (as amended by this Act). My initiative calls for five years of the amount appropriated in each fiscal year under subsection (a) shall be awarded to (b) TECHNICAL AND CONFORMING AMEND- grants, at $75 million a year, to be MENT.—The table contained in section 133(a) local community policing programs that of title 28, United States Code, is amended by given to localities for programs aimed serve a population of not more than 150,000. striking the item relating to Virginia and in- at anti-meth enforcement, production, serting the following: prevention, treatment, training, and By Mr. LEAHY (for himself and ‘‘Virginia: intelligence-gathering efforts. And be- Mr. BROWNBACK): Eastern ...... 11 cause meth is such a problem in rural S. 2031. A bill to restore Federal rem- Western ...... 4’’. States like North Dakota, I include a edies for infringements of intellectual mechanism to ensure that smaller lo- property by States, and for other pur- By Mr. CONRAD: calities get their fair share of funding. poses; to the Committee on the Judici- S. 2030. A bill to establish a commu- Meth is a continuing problem and ary. nity Oriented Policing Services anti- challenge in our nation and in North Mr. LEAHY. Mr. President, in June methamphetamine grant program, and Dakota, and I have been a strong sup- 1999, the U.S. Supreme Court issued a for other purposes; to the Committee porter of providing the resources for pair of decisions that altered the legal on the Judiciary. local law enforcement to combat this landscape with respect to intellectual Mr. CONRAD. Mr. President, today I drug. In 1998, for example, I was able to property. I am referring to Florida Pre- introduce legislation intended to mar- include North Dakota in the Midwest paid versus College Savings Bank and

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.057 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2079 its companion case, College Savings the matter: We are faced with a choice. raphers of America Association, and Bank versus Florida Prepaid. The We can respond, in a careful and meas- the Chamber of Commerce. Court ruled in these cases that States ured way, by reinstating our demo- In essence, our bill presents States and their institutions cannot be held cratic policy choices in legislation that with a choice. It creates reasonable in- liable for damages for patent infringe- is crafted to meet the Court’s stated centives for States to waive their im- ment and other violations of the Fed- objections. Or we can run away, abdi- munity in intellectual property cases, eral intellectual property laws, even cate our democratic policy-making du- but it does not oblige them to do so. though they can and do enjoy the full ties to the unelected Court, and go States that choose not to waive their protection of those laws for them- down in history as the incredible immunity within 2 years after enact- selves. shrinking Congress. ment of the bill would continue to Both Florida Prepaid and College Just last month, the Court decided to enjoy many of the benefits of the Fed- Savings Bank were decided by the same intervene in another copyright dispute, eral intellectual property system; how- five-to-four majority of the justices. to decide whether Congress went too ever, like private parties that sue This slim majority of the Court threw far in 1998, when we extended the pe- States for infringement, States that out three Federal statutes that Con- riod of copyright protection for an ad- sue private parties for infringement gress passed, unanimously, in the early ditional 20 years. Many of us on the Ju- could not recover any money damages 1990s, to reaffirm that the Federal pat- diciary Committee cosponsored that unless they had waived their immunity ent, copyright, and trademark laws legislation, and it passed unanimously from liability in intellectual property apply to everyone, including the in both Houses. A decision that the leg- cases. States. islation is unconstitutional could place This arrangement is clearly constitu- I believe that there is an urgent need further limits on congressional power. tional. Congress may attach conditions for Congress to respond to the Florida About 4 months after the Florida to a State’s receipt of Federal intellec- Prepaid decisions, for two reasons. Prepaid decisions issued, I introduced a tual property protection under its Arti- First, the decisions opened up a huge bill that responded to those decisions. cle I intellectual property power just loophole in our Federal intellectual The Intellectual Property Protection as Congress may attach conditions on a property laws. If we truly believe in Restoration Act of 1999 was designed to State’s receipt of Federal funds under fairness, we cannot tolerate a situation restore Federal remedies for violations its Article I spending power. Either in which some participants in the in- of intellectual property rights by way, the power to attach conditions to tellectual property system get legal states. the Federal benefit is part of the great- protection but need not adhere to the I regret that the Senate did not con- er power to deny the benefit alto- law themselves. If we truly believe in sider my legislation during the last gether. And no condition could be more the free market, we cannot tolerate a Congress. It has now been nearly 3 reasonable or proportionate than the situation where one class of market years since the Court decisions opened condition that in order to obtain full participants have to play by the rules such a troubling loophole in our Fed- protection for your Federal intellec- and others do not. As Senator SPECTER eral intellectual property laws. We tual property rights, you must respect said in August 1999, in a floor state- should delay no further. those of others. ment that was highly critical of the Last month, the Judiciary Com- I hope we can all agree on the need Florida Prepaid decisions, they ‘‘leave mittee held its first hearing on the for corrective legislation. A recent us with an absurd and untenable state issue of sovereign immunity and the GAO study confirmed that, as the law of affairs,’’ where ‘‘States will enjoy an protection of intellectual property. I now stands, owners of intellectual enormous advantage over their private want to thank again everyone who par- property have few or no alternatives or sector competitors.’’ ticipated in that hearing, which helped remedies available against State in- This concern is not just abstract. greatly to clarify the issues and chal- fringers, just a series of dead ends. Consider this. In one recent copyright lenges posed by the Court’s new juris- case, the University of Houston was prudence. We need to assure American inven- able to avoid any liability by invoking Today, I am pleased to be reintro- tors and investors, and our foreign sovereign immunity. The plaintiff in ducing the Intellectual Property Pro- trading partners, that as State involve- that case, a woman named Denise Cha- tection Restoration Act with my friend ment in intellectual property becomes vez, was unable to collect a nickle in and fellow Judiciary Committee mem- ever greater in the new information connection with the university’s al- ber, Senator BROWNBACK. I commend economy, U.S. intellectual property leged unauthorized publication of her the Senator from Kansas for taking a rights are backed by legal remedies. I short stories. Now, just a short time stand on this important issue. I am want to emphasize the international later, another public university funded also proud to have the House leaders on ramifications here. American trading by the State of Texas is suing Xerox intellectual property issues, Represent- interests have been well served by our for copyright infringement. atives COBLE and BERMAN, as the prin- strong and consistent advocacy of ef- The second reason why Congress cipal sponsors of the House companion fective intellectual property protec- should respond to the Florida Prepaid bill, H.R. 3204. tions in treaty negotiations and other decisions is that they raise broader This bill has the same common-sense international fora. Those efforts could concerns about the roles of Congress goal as the three statutes that the Su- be jeopardized by the loophole in U.S. and the Court. Over the past decade, in preme Court’s decisions invalidated: To intellectual property enforcement that a series of five-to-four decisions that protect intellectual property rights the Supreme Court has created. might be called examples of ‘‘judicial fully and fairly. But the legislation has The Intellectual Property Protection activism,’’ the current Supreme Court been re-engineered, after extensive Restoration Act restores protection for majority has overturned Federal legis- consultation with constitutional and violations of intellectual property lation with a frequency unprecedented intellectual property experts, to ensure rights that may, under current law, go in American constitutional history. In full compliance with the Court’s new unremedied. We unanimously passed doing so, the Court has more often jurisprudential requirements. As a re- more sweeping legislation earlier this than not relied on notions of State sov- sult, the bill has earned the strong sup- decade, but were thwarted by the Su- ereign immunity that have little if port of the U.S. Copyright Office and preme Court’s shifting jurisprudence. anything to do with the text of the the endorsements of a broad range of We should enact this legislation with- Constitution. organizations including the American out further delay. Some of us have liked some of the re- Bar Association, the American Intel- I ask unanimous consent that the sults; others have liked others; but lectual Property Law Association, the text of the bill and a section-by-section that is not the point. This activist Business Software Alliance, the Intel- summary of the bill be printed in the Court has been whittling away at the lectual Property Owners Association, RECORD. legitimate constitutional authority of the International Trademark Associa- There being no objection, the mate- the Federal Government. At the risk of tion, the Motion Picture Association of rial was ordered to be printed in the sounding alarmist, this is the fact of America, the Professional Photog- RECORD, as follows:

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G19MR6.083 pfrm02 PsN: S19PT1 S2080 CONGRESSIONAL RECORD — SENATE March 19, 2002

S. 2031 (b) AMENDMENT TO COPYRIGHT LAW.—Sec- a State or State instrumentality was once Be it enacted by the Senate and House of Rep- tion 504 of title 17, United States Code, is the legal or beneficial owner of the right. resentatives of the United States of America in amended by adding at the end the following: ‘‘(3) The limitation on remedies under Congress assembled, ‘‘(e) LIMITATION ON REMEDIES IN CERTAIN paragraph (1) may be raised at any point in CASES.— SECTION 1. SHORT TITLE; REFERENCES. a proceeding, through the conclusion of the ‘‘(1) No remedies under this section shall (a) SHORT TITLE.—This Act may be cited as action. If raised before January 1, 2004, the be awarded in any civil action brought under the ‘‘Intellectual Property Protection Res- court may stay the proceeding for a reason- this title for infringement of an exclusive toration Act of 2002’’. able time, but not later than January 1, 2004, right in a work created on or after January (b) REFERENCES.—Any reference in this Act to afford the State an opportunity to waive 1, 2002, if a State or State instrumentality is to the Trademark Act of 1946 shall be a ref- its immunity as provided in paragraph (1).’’. or was at any time the legal or beneficial erence to the Act entitled ‘‘An Act to pro- (d) TECHNICAL AND CONFORMING AMEND- owner of such right, except upon proof that— vide for the registration and protection of MENTS.— ‘‘(A) on or before the date the infringement trade-marks used in commerce, to carry out (1) AMENDMENTS TO PATENT LAW.— commenced or January 1, 2004, whichever is the provisions of certain international con- (A) IN GENERAL.—Section 296 of title 35, later, the State has waived its immunity, ventions, and for other purposes’’, approved United States Code, is repealed. under the eleventh amendment of the United July 5, 1946 (15 U.S.C. 1051 et seq.). (B) TABLE OF SECTIONS.—The table of sec- States Constitution and under any other tions for chapter 29 of title 35, United States SEC. 2. PURPOSES. doctrine of sovereign immunity, from suit in Code, is amended by striking the item relat- The purposes of this Act are to— Federal court brought against the State or ing to section 296. (1) help eliminate the unfair commercial any of its instrumentalities, for any in- (2) AMENDMENTS TO COPYRIGHT LAW.— advantage that States and their instrumen- fringement of intellectual property pro- (A) IN GENERAL.—Section 511 of title 17, talities now hold in the Federal intellectual tected under Federal law; and United States Code, is repealed. property system because of their ability to ‘‘(B) such waiver was made in accordance (B) TABLE OF SECTIONS.—The table of sec- obtain protection under the United States with the constitution and laws of the State, tions for chapter 5 of title 17, United States patent, copyright, and trademark laws while and remains effective. Code, is amended by striking the item relat- remaining exempt from liability for infring- ‘‘(2) The limitation on remedies under ing to section 511. ing the rights of others; paragraph (1) shall not apply with respect to (3) AMENDMENTS TO TRADEMARK LAW.—Sec- (2) promote technological innovation and an exclusive right if— tion 40 of the Trademark Act of 1946 (15 artistic creation in furtherance of the poli- ‘‘(A) the limitation would materially and U.S.C. 1122) is amended— cies underlying Federal laws and inter- adversely affect a legitimate contract-based (A) by striking subsection (b); national treaties relating to intellectual expectation in existence before January 1, (B) in subsection (c), by striking ‘‘or (b)’’ property; 2002; or after ‘‘subsection (a)’’; and (3) reaffirm the availability of prospective ‘‘(B) the party seeking remedies was a bona (C) by redesignating subsection (c) as sub- relief against State officials who are vio- fide purchaser for value of the exclusive section (b). lating or who threaten to violate Federal in- right, and, at the time of the purchase, did tellectual property laws; and SEC. 4. CLARIFICATION OF REMEDIES AVAIL- not know and was reasonably without cause ABLE FOR STATUTORY VIOLATIONS (4) abrogate State sovereign immunity in to believe that a State or State instrumen- BY STATE OFFICERS AND EMPLOY- cases where States or their instrumental- tality was once the legal or beneficial owner EES. ities, officers, or employees violate the of the right. In any action against an officer or em- United States Constitution by infringing ‘‘(3) The limitation on remedies under ployee of a State or State instrumentality Federal intellectual property. paragraph (1) may be raised at any point in for any violation of any of the provisions of SEC. 3. INTELLECTUAL PROPERTY REMEDIES a proceeding, through the conclusion of the title 17 or 35, United States Code, the Trade- EQUALIZATION. action. If raised before January 1, 2004, the mark Act of 1946, or the Plant Variety Pro- (a) AMENDMENT TO PATENT LAW.—Section court may stay the proceeding for a reason- tection Act (7 U.S.C. 2321 et seq.), remedies 287 of title 35, United States Code, is amend- able time, but not later than January 1, 2004, shall be available against the officer or em- ed by adding at the end the following: to afford the State an opportunity to waive ployee in the same manner and to the same ‘‘(d)(1) No remedies under section 284 or 289 its immunity as provided in paragraph (1).’’. extent as such remedies are available in an shall be awarded in any civil action brought (c) AMENDMENT TO TRADEMARK LAW.—Sec- action against a private individual under under this title for infringement of a patent tion 35 of the Trademark Act of 1946 (15 like circumstances. Such remedies may in- issued on or after January 1, 2002, if a State U.S.C. 1117) is amended by adding at the end clude monetary damages assessed against or State instrumentality is or was at any the following: the officer or employee, declaratory and in- time the legal or beneficial owner of such ‘‘(e) LIMITATION ON REMEDIES IN CERTAIN junctive relief, costs, attorney fees, and de- patent, except upon proof that— CASES.— struction of infringing articles, as provided ‘‘(A) on or before the date the infringement ‘‘(1) No remedies under this section shall under the applicable Federal statute. commenced or January 1, 2004, whichever is be awarded in any civil action arising under SEC. 5. LIABILITY OF STATES FOR CONSTITU- later, the State has waived its immunity, this Act for a violation of any right of the TIONAL VIOLATIONS INVOLVING IN- under the eleventh amendment of the United registrant of a mark registered in the Patent TELLECTUAL PROPERTY. States Constitution and under any other and Trademark Office on or after January 1, (a) DUE PROCESS VIOLATIONS.—Any State doctrine of sovereign immunity, from suit in 2002, or any right of the owner of a mark or State instrumentality that violates any of Federal court brought against the State or first used in commerce on or after January 1, the exclusive rights of a patent owner under any of its instrumentalities, for any in- 2002, if a State or State instrumentality is or title 35, United States Code, of a copyright fringement of intellectual property pro- was at any time the legal or beneficial owner owner, author, or owner of a mask work or tected under Federal law; and of such right, except upon proof that— original design under title 17, United States ‘‘(B) such waiver was made in accordance ‘‘(A) on or before the date the violation Code, of an owner or registrant of a mark with the constitution and laws of the State, commenced or January 1, 2004, whichever is used in commerce or registered in the Patent and remains effective. later, the State has waived its immunity, and Trademark Office under the Trademark ‘‘(2) The limitation on remedies under under the eleventh amendment of the United Act of 1946, or of an owner of a protected paragraph (1) shall not apply with respect to States Constitution and under any other plant variety under the Plant Variety Pro- a patent if— doctrine of sovereign immunity, from suit in tection Act (7 U.S.C. 2321 et seq.), in a man- ‘‘(A) the limitation would materially and Federal court brought against the State or ner that deprives any person of property in adversely affect a legitimate contract-based any of its instrumentalities, for any in- violation of the fourteenth amendment of expectation in existence before January 1, fringement of intellectual property pro- the United States Constitution, shall be lia- 2002; or tected under Federal law; and ble to the party injured in a civil action in ‘‘(B) the party seeking remedies was a bona ‘‘(B) such waiver was made in accordance Federal court for compensation for the harm fide purchaser for value of the patent, and, with the constitution and laws of the State, caused by such violation. at the time of the purchase, did not know and remains effective. (b) TAKINGS VIOLATIONS.— and was reasonably without cause to believe ‘‘(2) The limitation on remedies under (1) IN GENERAL.—Any State or State instru- that a State or State instrumentality was paragraph (1) shall not apply with respect to mentality that violates any of the exclusive once the legal or beneficial owner of the pat- a right of the registrant or owner of a mark rights of a patent owner under title 35, ent. if— United States Code, of a copyright owner, ‘‘(3) The limitation on remedies under ‘‘(A) the limitation would materially and author, or owner of a mask work or original paragraph (1) may be raised at any point in adversely affect a legitimate contract-based design under title 17, United States Code, of a proceeding, through the conclusion of the expectation in existence before January 1, an owner or registrant of a mark used in action. If raised before January 1, 2004, the 2002; or commerce or registered in the Patent and court may stay the proceeding for a reason- ‘‘(B) the party seeking remedies was a bona Trademark Office under the Trademark Act able time, but not later than January 1, 2004, fide purchaser for value of the right, and, at of 1946, or of an owner of a protected plant to afford the State an opportunity to waive the time of the purchase, did not know and variety under the Plant Variety Protection its immunity as provided in paragraph (1).’’. was reasonably without cause to believe that Act (7 U.S.C. 2321 et seq.), in a manner that

VerDate 11-MAY-2000 03:11 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.054 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2081 takes property in violation of the fifth and property marketplace on equal terms with in the marketplace. The question is fourteenth amendments of the United States private parties. The bill also provides new how to fashion a legislative remedy in Constitution, shall be liable to the party in- remedies for State infringements that rise to light of recent Supreme Court deci- jured in a civil action in Federal court for the level of constitutional violations. sions that struck down previous at- compensation for the harm caused by such Sec. 1. SHORT TITLE; REFERENCES. This Act violation. may be cited as the ‘‘Intellectual Property tempts to bring clarity to the issue. (2) EFFECT ON OTHER RELIEF.—Nothing in Protection Restoration Act of 2001.’’ I believe the Leahy/Brownback bill is this subsection shall prevent or affect the Sec. 2. PURPOSES. Legislative purposes in a reasonable compromise solution ability of a party to obtain declaratory or in- support of this Act. without running afoul of the constitu- junctive relief under section 4 of this Act or Sec. 3. INTELLECTUAL PROPERTY REMEDIES tional issues highlighted by the Su- otherwise. EQUALIZATION. Places States on an equal preme Court in Seminole Tribe and the (c) COMPENSATION.—Compensation under footing with private parties by eliminating Florida Pre-paid cases. subsection (a) or (b)— any damages remedy for infringement of State-owned intellectual property unless the S. 2031 presents States with a choice. (1) may include actual damages, profits, It creates reasonable incentives for statutory damages, interest, costs, expert State has waived its immunity from any witness fees, and attorney fees, as set forth damages remedy for infringement of pri- States to waive their sovereign immu- in the appropriate provisions of title 17 or 35, vately-owned intellectual property. Intellec- nity in intellectual property cases. United States Code, the Trademark Act of tual property that the State owned before States that choose not to waive their 1946, and the Plant Variety Protection Act; the enactment of this Act is not affected. immunity within 2 years after enact- and Sec. 4. CLARIFICATION OF REMEDIES AVAIL- ment would continue to enjoy many of (2) may not include an award of treble or ABLE FOR STATUTORY VIOLATIONS BY STATE the benefits in the intellectual prop- enhanced damages under section 284 of title OFFICERS AND EMPLOYEES. Affirms the avail- ability of injunctive relief against State offi- erty marketplace. However, like pri- 35, United States Code, section 504(d) of title vate parties that sue States for in- 17, United States Code, section 35(b) of the cials who violate the Federal intellectual Trademark Act of 1946 (15 U.S.C. 1117 (b)), property laws. Such relief is authorized fringement, States that sue private and section 124(b) of the Plant Variety Pro- under the doctrine of Ex parte Young, 209 U.S. parties for infringement will not be tection Act (7 U.S.C. 2564(b)). 123 (1908), which held that an individual may able to recover any money damages un- (d) BURDEN OF PROOF.—In any action under sue a State official for prospective relief re- less they waive their immunity from li- subsection (a) or (b)— quiring the State official to cease violating ability in intellectual property cases. (1) with respect to any matter that would federal law, even if the State itself is im- All other remedial actions will con- mune from suit under the eleventh amend- have to be proved if the action were an ac- tinue to be available to State litigants. tion for infringement brought under the ap- ment. This section also affirms that State officials may be personally liable for viola- As Chairman LEAHY previously ob- plicable Federal statute, the burden of proof served, this is clearly constitutional shall be the same as if the action were tions of the intellectual property laws. brought under such statute; and Sec. 5. LIABILITY OF STATES FOR CONSTITU- and avoids the concerns raised by the (2) with respect to all other matters, in- TIONAL VIOLATIONS INVOLVING INTELLECTUAL Courts with regard to past statutes ad- cluding whether the State provides an ade- PROPERTY. Establishes a right to compensa- dressing this matter. Under the Con- quate remedy for any deprivation of property tion for State infringements of intellectual stitution’s Article I spending power, proved by the injured party under subsection property that rise to the level of constitu- Congress can attach limited conditions (a), the burden of proof shall be upon the tional violations. Compensation shall be measured by the statutory remedies avail- to a State’s receipt of Federal funds. State or State instrumentality. Similarly, it would seem to me that a (e) EFFECTIVE DATE.—This section shall able under the federal intellectual property apply to violations that occur on or after the laws, but may not include treble damages. State’s receipt of Federal intellectual date of enactment of this Act. Sec. 6. RULES OF CONSTRUCTION. Estab- property protection under Article I’s lishes rules for interpreting this Act. SEC. 6. RULES OF CONSTRUCTION. intellectual property power can simi- (a) JURISDICTION.—The district courts shall Mr. BROWNBACK. Mr. President, I larly be conditioned. Especially in have original jurisdiction of any action aris- am pleased to join Chairman LEAHY in light of the commercial implications of ing under this Act under section 1338 of title sponsoring S. 2031, a bill that will pro- this bill, it seems reasonable to expect 28, United States Code. tect intellectual property rights fully that a condition to respect the rights (b) BROAD CONSTRUCTION.—This Act shall and fairly by complying with the of others is a necessary and logical be construed in favor of a broad protection of Court’s new constitutional require- complement to obtaining the full pro- intellectual property, to the maximum ex- ments. This bill builds upon the same tections of the Federal intellectual tent permitted by the United States Con- stitution. common-sense goals as the statutes property rights. (c) SEVERABILITY.—If any provision of this that Senator HATCH championed a dec- I would also add that a recent GAO Act or any application of such provision to ade ago. I would like to commend both study initiated by Senator HATCH when any person or circumstance is held to be un- members for their outstanding leader- he chaired the Judiciary Committee constitutional, the remainder of this Act and ship in this area. My hope is that S. confirmed the lack of alternatives or the application of the provision to any other 2031 will finally bring closure to our ef- remedies against State infringers. person or circumstance shall not be affected. forts in trying to clarify a complex and I would also like to add that this difficult issue for both Congress and matter has repercussions which extend INTELLECTUAL PROPERTY PROTECTION RES- far beyond the domestic realm. The TORATION ACT OF 2002 SECTION-BY-SECTION the Courts. United States is one of the leading pro- SUMMARY There are two sides to this issue and ponents for the enforcement of intel- Recent Supreme Court decisions invali- both are compelling. For individuals dated prior efforts by Congress to abrogate and companies who make the invest- lectual property rights throughout the State sovereign immunity in actions arising ment and take the risk in creating new world. That’s why we cannot afford to under the federal intellectual property laws. products and services, their property be inconsistent in our own observance The Court’s decisions give States an unfair rights are at stake when a state in- of intellectual property rights. advantage in the intellectual property mar- fringes upon their intellectual prop- Through international agreements ketplace by shielding them from money erty. States on the other hand also such as TRIPs and NAFTA, the United damages when they infringe the rights of pri- want to protect their sovereignty States has vigorously challenged inter- vate parties, while leaving them free to ob- national institutions and other nations tain money damages when their own rights under the Constitution and want to as- are infringed. These decisions also have the sert their intellectual property rights to adopt and enforce more extensive in- potential to impair the rights of private in- especially in the context of private/ tellectual property laws. When States tellectual property owners, discourage tech- public partnerships where ownership assert sovereign immunity for the pur- nological innovation and artistic creation, issues may be in doubt, creating the pose of infringing upon intellectual and compromise the ability of the United prospect for protracted litigation. property rights, it damages the credi- States to advocate effective enforcement of That is why this inherent conflict de- bility of the United States internation- intellectual property rights in other coun- mands congressional action. With the ally, and could possibly even lead to tries and to fulfill its own obligations under arrival of the digital revolution where violations of our treaty obligations. international treaties. The Intellectual Property Protection Restoration Act of 2002 exact copies and reproductions can be Any decrease in the level of enforce- creates reasonable incentives for States to made without limitations, this is an ment of intellectual property rights waive their immunity in intellectual prop- important economic issue for individ- around the world is likely to harm erty cases and participate in the intellectual uals and companies trying to compete American businesses, because of our

VerDate 11-MAY-2000 03:11 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.054 pfrm02 PsN: S19PT1 S2082 CONGRESSIONAL RECORD — SENATE March 19, 2002 position as international leaders in in- historic preservation, and environ- reuse of historic structures and sur- dustries like pharmaceuticals, infor- mental protection in the Blackstone rounding landscapes; and educational mation technology, and biotechnology. Corridor. The Corridor is a truly programs to raise the awareness of the I urge my colleagues to support this unique national park area, for the Fed- Corridor’s significance in the region. bill which provides a balanced and ap- eral Government does not own or man- With over 15 years of success and a propriate intellectual property remedy age any of the land or resources within number of challenges lying ahead, we for American inventors and investors the system. Yet, the Blackstone Cor- urge Congress’ continued support for without compromising the sovereign ridor includes cities, towns, villages the John H. Chafee Blackstone River rights of States under our Constitu- and almost 1 million people, and has Valley National Heritage Corridor. The tion. become a model for other heritage cor- Blackstone Corridor tells the story of ridors across the country. the beginnings of America’s movement By Mr. CHAFEE (for himself, Mr. Working in partnership with two into the industrial era. We must allow REED, Mr. KERRY, and Mr. KEN- State governments, dozens of local mu- the telling of this story to continue. NEDY): nicipalities, businesses, nonprofit his- I ask by unanimous consent that the S. 2033. A bill to authorize appropria- torical and environmental organiza- text of this bill be printed in the tions for the John H. Chafee Black- tions, educational institutions, and RECORD. stone River Valley National Heritage many private citizens, the Corridor There being no objection, the bill was Corridor in Massachusetts and Rhode Commission has instilled a sense of ordered to be printed in the RECORD, as Island, and for other purposes; to the community and identity to the resi- follows: Committee on Energy and Natural Re- dents of the Blackstone Corridor. S. 2033 sources. These partnerships have resulted in the Be it enacted by the Senate and House of Rep- Mr. CHAFEE. Mr. President, I rise reversal of a long-standing lack of in- resentatives of the United States of America in today to introduce a bill to reauthorize vestment in the Valley’s historic, cul- Congress assembled, funding for the John H. Chafee Black- tural and natural resources. A Valley- SECTION 1. AUTHORIZATION OF APPROPRIA- stone River Valley National Heritage wide identity program has placed over TIONS. Corridor. I am pleased to be joined by 200 educational signs across the Cor- Section 10 of Public Law 99–647 (16 U.S.C. three of my colleagues, Senators REED, ridor to guide visitors into the Black- 461 note) is amended by striking subsection KERRY and KENNEDY, as original co- stone and its heritage sites. Key his- (b) and inserting the following: sponsors of this legislation. Represent- ‘‘(b) DEVELOPMENT FUNDS.—There is au- toric districts and sites have been pre- thorized to be appropriated to carry out sec- ative Patrick Kennedy is joining this served through the assistance of the tion 8(c) for the period of fiscal years 2003 effort by introducing companion legis- Commission and its partners working through 2006 not more than $10,000,000, to re- lation in the House today. to identify critical historic preserva- main available until expended.’’. Since the Corridor’s inception on No- tion funding and assistance. The water Mr. KERRY. Mr. President, I rise in vember 10, 1986, the Blackstone River quality of the Blackstone River has support of legislation that has been Valley has undergone a profound re- seen dramatic improvements through filed today to reauthorize the develop- birth. The Blackstone River, once pol- cooperative, community-driven ment fund for the John H. Chafee luted and neglected, has been trans- projects that have worked to ensure Blackstone River Valley National Her- formed into an object of tremendous more consistent water flows; the pro- itage Corridor. The bill is sponsored by community pride and national impor- tection of open space along the valley; Senator CHAFEE, and I am proud to be tance. Historians recognize the Valley the initiation of local river cleanups; an original cosponsor. of the Blackstone River, gracefully and the remediation of toxic sites The John H. Chafee Blackstone River winding through 24 communities in the along the river’s banks. Valley National Heritage Corridor was States of Massachusetts and Rhode Is- Since 1986, Congress has established established by Congress in 1986 to rec- land, as the birthplace of the American three accounts for the management of ognize and preserve the natural, cul- Industrial Revolution. Slater Mill, the Corridor: the Operation Account tural and historical resources of the re- founded by the textile maker Samuel providing funding for National Park gion. I would like to read a description Slater in the 1790’s, was the first to Service staff support; the Technical As- of the Blackstone River written by the adapt English machine technology to sistance Account to provide assistance National Park Service. I think it cap- cotton-yard manufacturing powered by to communities and Corridor partners; tures its special nature. water wheels. The success of the Slater and the Development Fund to provide The Blackstone River Valley illustrates a Mill heralded in America’s first fac- construction funding for the implemen- major revolution in America’s past: the Age tory-based industry of mass produc- tation of interpretive programming, of Industry. The way people lived during this tion, with accompanying communities river restoration, historic preservation, turning point in history can still be seen in dedicated to the production of manu- tourism and economic development the valley’s villages, farms, cities and factured goods. Gradually, this new and educational activities within the riverways—in a working landscape between ‘‘Rhode Island System of Manufac- Corridor. A 10-year plan, completed by Worchester, Massachusetts and Providence, turing’’ led to profound changes eco- the Commission in 1998, outlines a Rhode Island. In 1790, American craftsmen built the first machines that successfully nomically, socially and culturally strategy for the implementation of de- used waterpower to spin cotton. America’s across the new nation. velopment funds by focusing on the first factory, Slater Mill was built on the This nationally significant story was ‘‘resource protection needs and banks of the Blackstone River. Here, indus- all but forgotten when Senator John H. projects critical to maintaining or in- trial America was born. This revolutionary Chafee authored Federal legislation to terpreting the distinctive nature of the way of using waterpower spread quickly establish the Blackstone River Valley Corridor.’’ throughout the valley and New England. It National Heritage Corridor with the The legislation I am introducing changed nearly everything. Two hundred purpose of preserving and interpreting today, along with Senators REED, years later, the story of the American Indus- trial Revolution can still be seen and told in for present and future generations the KERRY, and KENNEDY, will reauthorize the Blackstone River Valley. Thousands of uniqueness and significant historical the Development Fund account to pro- structures and whole landscapes show the value of the Blackstone Valley. A Cor- vide $10 million in Federal funding radical changes in the way people lived and ridor Commission, consisting of feder- from fiscal years 2003 through 2006. worked. The way people lived before the ad- ally-appointed local and State rep- This authorization is consistent with vent of industry also can be seen on the land, resentatives from Massachusetts and the Blackstone Corridor’s 10-year Plan and the choices for the future are visible as Rhode Island, was established to work guiding the Corridor’s future develop- well. For good and bad, each generation in partnership with the National Park ment needs. Development funding will makes its choices and changes the character Service to carry out the mission of the be used to move forward with projects of life in the valley. Today, the rural to city landscapes tell the story of this revolution in Blackstone Corridor. For over 15 years, that include a bi-State 45 mile long American history. Native Americans, Euro- the Corridor Commission and its Herit- Blackstone bikeway; construction of pean colonizers, farmers, craftsmen, indus- age Partners have worked to instill a river access points for recreational and trialists, and continuing waves of immi- vision of community revitalization, tourism opportunities; renovation and grants all left the imprint of their work and

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.059 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2083 culture on the land. The farms, hilltop mar- limited relief. However, Ohio has no as- Pennsylvania reached with then-Gov- ket centers, mill villages, cities, dams, ca- surance that our out-of-state waste ernor Whitman. nals, roads, and railroads are physical prod- numbers won’t rise significantly, par- For Ohio, the most important aspect ucts of tremendous social and economic of this bill is the ability for states to power. ticularly in light of last year’s closure of the Fresh Kills landfill on Staten Is- limit future waste flows. For instance, With the assistance of the National land. Unfortunately, the Federal courts they would have the option to set a Park Service, the Commission has have prevented States from enacting ‘‘permit cap,’’ which would allow a forged collaborative partnerships with laws to protect our natural resources State to impose a percentage limit on a new spirit of ownership among gov- from being utilized as landfill space. the amount of out-of-state waste that a ernment leaders, private investors and What has emerged is an unnatural pat- new facility or expansion of an existing residents for the river resources and tern where Ohio and other States, both facility could receive annually. Or, a communities. The Blackstone has been importing and exporting, have tried to State could choose a provision giving called ‘‘America’s hardest working take reasonable steps to encourage them the authority to deny a permit river’’ because of its industrial legacy. for a new facility if it is determined That same description could apply to conservation and local disposal, only to be undermined by a barrage of court that there is not a local or in-state re- the people who have decided them- gional need for that facility. selves to making the Blackstone River decisions at every turn. Quite frankly, State and local gov- These provisions provide assurances Valley National Heritage Corridor a ernments’ hands are tied. Lacking a to Ohio and other States that new fa- success today. The natural value and specific delegation of authority from cilities will not be built primarily for historical importance of the Black- Congress, States that have acted re- the purpose of receiving out-of-state stone and the dedication of the people sponsibly to implement environ- waste. For instance, in 1996, Ohio EAP involved is why I am eager to support mentally sound waste disposal plans had to issue a permit for a landfill that Senator CHAFEE’s legislation. and recycling programs are still being was bidding to take 5,000 tons of gar- bage a day—approximately 1.5 million By Mr. VOINOVICH (for himself, subjected to a flood of out-of-state tons a year—from Canada alone, which Mr. FEINGOLD, Mr. LEVIN, Mr. waste. In Ohio, I set up a comprehen- sive recycling program when I was would have doubled the amount of out- DEWINE, and Mr. WARNER). of-state waste entering Ohio. Thank- S. 2034. A bill to amend the Solid Governor that was meant to reduce the fully this landfill lost the Canadian Waste Disposal Act to impose certain waste-stream and help protect our en- bid. Ironically though, the waste com- limits on the receipt of out-of-State vironment. However, the actions of pany put their plans on hold to build municipal solid waste; to the Com- other States have worked to undermine the facility because there is not enough mittee on Environment and Public our recycling efforts because Ohioans need for the facility in the State and Works. continue to ask why they should recy- they need to ensure a steady out-of- Mr. VOINOVICH. Mr. President, I cle to conserve landfill space when it is state waste flow to make the plan fea- rise today to introduce legislation being used for other States’ trash. Our sible. along with a bipartisan coalition of my citizens already have to live with the In addition, this bill would ensure colleagues, Senators FEINGOLD, consequences of large amounts of out- that landfills and incinerators could DEWINE, LEVIN, and WARNER that will of-state waste—increased noise, traffic, not receive trash from other States allow States to finally obtain relief wear and tear on our roads and litter until local governments approve its re- from the seemingly endless stream of that is blown onto private homes, ceipt. States could also freeze their solid waste that is flowing into States schools and businesses. out-of-state waste imports at 1993 lev- Ohio and many other States have like Ohio, Michigan, Wisconsin, and els, while some States would be able to taken comprehensive steps to protect Virginia. reduce these levels to 65 percent by the Our bill, the Municipal Solid Waste our resources and address a significant year 2006. This bill also allows States Interstate Transportation and Local environmental threat. However, exces- to reduce the amount of construction Authority Act, gives State and local sive, uncontrolled waste disposal from and demolition debris they receive by governments the tools they need to other States has limited the ability of 50 percent beginning in 2007. limit garbage imports from other Ohioans to protect their environment, States also could impose up to $3-per- States and manage their own waste health and safety. I do not believe the ton cost recovery surcharge on out-of- within their own States. Commerce Clause requires us to service state waste. This fee would help pro- Each year, Ohio receives well over other states at the expense of our own vide States with the funding necessary one million tons of municipal solid citizens’ efforts. to implement solid waste management waste from other States. Over the last A national solution is long overdue. programs. four years, annual levels of waste im- When I became governor of Ohio in Unfortunately, efforts to place rea- ports have been steadily increasing, 1991, I joined a coalition with other sonable restrictions on out-of-state and estimates for 2000 indicate that Midwest Governors—Governor BAYH waste shipments have been perceived Ohio imported approximately 1.8 mil- now Senator BAYH, of Indiana, Gov- by some as an attempt to ban all out- lion tons of municipal solid waste. ernor Engler of Michigan and Governor of-state trash. On the contrary, we are While these shipments are not near our Casey, and later Governors Ridge and not asking for outright authority for record level of 3.7 million tons in 1989, O’Bannon, of Pennsylvania—to try to states to prohibit all out-of-state I believe an import level of nearly two pass effective interstate waste and flow waste, nor are we seeking to prohibit million tons of trash is still entirely control legislation. waste from any one State. We are too high. In 1996, Midwest Governors were merely asking for reasonable tools that Because it is cheap and because it is asked by congressional leaders to reach will enable state and local govern- expedient, communities in a number of an agreement with Governor Whitman ments to act responsibly to manage States have simply put their garbage of New Jersey and Governor Pataki of their own waste and limit unreasonable on trains or on trucks and shipped it to new York on interstate waste provi- waste imports from other states. Such be landfilled in States like Ohio, Indi- sions. The importing States quickly measures would give substantial au- ana, Michigan, Pennsylvania, and Vir- came to an agreement with Governor thority to limit imports and plan fa- ginia. This is wrong and it has to stop. Whitman of New Jersey—the second cilities around our own states’ needs. Many State and local governments in largest exporting State—on interstate I believe the time is right to consider importing states have worked hard to waste provisions. We began discussions and pass an effective interstate waste develop strategies to reduce waste and with New York, but these were put on bill. The bill we are introducing today plan for future disposal needs. As Gov- hold indefinitely in the wake of their is a consensus of importing and export- ernor of Ohio, I worked aggressively to May, 1996 announcement to close the ing States—States that have willingly limit shipments of out-of-state waste Fresh Kills landfill. come forward to offer a reasonable so- into Ohio through voluntary coopera- The bill that my colleagues and I are lution. tion of Ohio landfill operators and introducing today reflects the agree- States like Ohio should not continue agreements with other States. We saw ment that Ohio, Indiana, Michigan, and to be saddled with the environmental

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.064 pfrm02 PsN: S19PT1 S2084 CONGRESSIONAL RECORD — SENATE March 19, 2002 costs of other States’ inability to take ‘‘(II) an authorization to receive municipal ‘‘(ii) solid waste resulting from— care of their own solid waste. We in solid waste from any place of origin in the ‘‘(I) a response action taken under section Ohio have worked hard to address our absence of any provision limiting those 104 or 106 of the Comprehensive Environ- places of origin to places inside the State; mental Response, Compensation, and Liabil- own needs. We are actively recycling ‘‘(III) an authorization to receive munic- ity Act (42 U.S.C. 9604, 9606); and working to reduce our waste- ipal solid waste from a specifically identified ‘‘(II) a response action taken under a State stream to preserve our environment for place or places outside the State; or law with authorities comparable to the au- future generations. Congress must act ‘‘(IV) a provision that uses such a phrase as thorities contained in either of those sec- now to prevent this problem from ‘regardless of origin’ or ‘outside the State’ in tions; or spreading further to our neighbors out reference to municipal solid waste. ‘‘(III) a corrective action taken under this West and to help our neighbors in the ‘‘(ii) INSUFFICIENT FORMULATIONS.—For the Act; East better manage the trash they gen- purposes of subparagraph (A), either of the ‘‘(iii) recyclable material— following, by itself, shall not be considered ‘‘(I) that has been separated, at the source erate. to specifically authorize a facility to receive of the material, from waste destined for dis- I ask unanimous consent that the out-of-State municipal solid waste: posal; or full text of the bill be printed in the ‘‘(I) A general reference to the receipt of ‘‘(II) that has been managed separately RECORD. municipal solid waste from outside the juris- from waste destined for disposal, including There being no objection, the bill was diction of the affected local government. scrap rubber to be used as a fuel source; ordered to be printed in the RECORD, as ‘‘(II) An agreement to pay a fee for the re- ‘‘(iv) a material or product returned from a follows: ceipt of out-of-State municipal solid waste. dispenser or distributor to the manufacturer ‘‘(C) FORM OF AUTHORIZATION.—To qualify or an agent of the manufacturer for credit, S. 2034 as an authorization to receive out-of-State evaluation, and possible potential reuse; Be it enacted by the Senate and House of Rep- municipal solid waste, a provision need not ‘‘(v) solid waste that is— resentatives of the United States of America in be in any particular form; a provision shall ‘‘(I) generated by an industrial facility; Congress assembled, so qualify so long as the provision clearly and SECTION 1. SHORT TITLE. and affirmatively states the approval or con- ‘‘(II) transported for the purpose of treat- This Act may be cited as the ‘‘Municipal sent of the affected local government or ment, storage, or disposal to a facility Solid Waste Interstate Transportation and State for receipt of municipal solid waste (which facility is in compliance with applica- Local Authority Act of 2002’’. from places of origin outside the State. ble State and local land use and zoning laws SEC. 2. AUTHORITY TO PROHIBIT OR LIMIT RE- ‘‘(3) DISPOSAL.—The term ‘disposal’ in- and regulations) or facility unit— CEIPT OF OUT-OF-STATE MUNICIPAL cludes incineration. ‘‘(aa) that is owned or operated by the gen- SOLID WASTE AT EXISTING FACILI- ‘‘(4) EXISTING HOST COMMUNITY AGREE- erator of the waste; TIES. MENT.—The term ‘existing host community ‘‘(bb) that is located on property owned by (a) IN GENERAL.—Subtitle D of the Solid agreement’ means a host community agree- the generator of the waste or a company Waste Disposal Act (42 U.S.C. 6941 et seq.) is ment entered into before January 1, 2002. with which the generator is affiliated; or amended by adding at the end the following: ‘‘(5) FACILITY.—The term ‘facility’ means a ‘‘(cc) the capacity of which is contrac- ‘‘SEC. 4011. AUTHORITY TO PROHIBIT OR LIMIT landfill, incinerator, or other enterprise that tually dedicated exclusively to a specific RECEIPT OF OUT-OF-STATE MUNIC- received municipal solid waste before the generator; IPAL SOLID WASTE AT EXISTING FA- date of enactment of this section. ‘‘(vi) medical waste that is segregated from CILITIES. ‘‘(6) GOVERNOR.—The term ‘Governor’, with or not mixed with solid waste; ‘‘(a) DEFINITIONS.—In this section: respect to a facility, means the chief execu- ‘‘(vii) sewage sludge or residuals from a ‘‘(1) AFFECTED LOCAL GOVERNMENT.—The tive officer of the State in which a facility is sewage treatment plant; or term ‘affected local government’, with re- located or proposed to be located or any ‘‘(viii) combustion ash generated by a re- spect to a facility, means— other officer authorized under State law to source recovery facility or municipal incin- ‘‘(A) the public body authorized by State exercise authority under this section. erator. law to plan for the management of municipal ‘‘(7) HOST COMMUNITY AGREEMENT.—The ‘‘(9) NEW HOST COMMUNITY AGREEMENT.— solid waste for the area in which the facility term ‘host community agreement’ means a The term ‘new host community agreement’ is located or proposed to be located, a major- written, legally binding agreement, lawfully means a host community agreement entered ity of the members of which public body are entered into between an owner or operator of into on or after the date of enactment of this elected officials; a facility and an affected local government section. ‘‘(B) in a case in which there is no public that contains an authorization to receive ‘‘(10) OUT-OF-STATE MUNICIPAL SOLID body described in subparagraph (A), the out-of-State municipal solid waste. WASTE.— elected officials of the city, town, township, ‘‘(8) MUNICIPAL SOLID WASTE.— ‘‘(A) IN GENERAL.—The term ‘out-of-State borough, county, or parish selected by the ‘‘(A) IN GENERAL.—The term ‘municipal municipal solid waste’, with respect to a Governor and exercising primary responsi- solid waste’ means— State, means municipal solid waste gen- bility over municipal solid waste manage- ‘‘(i) material discarded for disposal by— erated outside the State. ment or the use of land in the jurisdiction in ‘‘(I) households (including single and mul- ‘‘(B) INCLUSION.—The term ‘out-of-State which the facility is located or proposed to tifamily residences); and municipal solid waste’ includes municipal be located; or ‘‘(II) public lodgings such as hotels and mo- solid waste generated outside the United ‘‘(C) in a case in which there is in effect an tels; and States. agreement or compact under section 105(b), ‘‘(ii) material discarded for disposal that ‘‘(11) RECEIVE.—The term ‘receive’ means contiguous units of local government located was generated by commercial, institutional, receive for disposal. in each of 2 or more adjoining States that and industrial sources, to the extent that the ‘‘(12) RECYCLABLE MATERIAL.— are parties to the agreement, for purposes of material— ‘‘(A) IN GENERAL.—The term ‘recyclable providing authorization under subsection (b), ‘‘(I) is essentially the same as material de- material’ means a material that may fea- (c), or (d) for municipal solid waste gen- scribed in clause (i); or sibly be used as a raw material or feedstock erated in the jurisdiction of 1 of those units ‘‘(II) is collected and disposed of with ma- in place of or in addition to, virgin material of local government and received in the ju- terial described in clause (i) as part of a nor- in the manufacture of a usable material or risdiction of another of those units of local mal municipal solid waste collection service. product. government. ‘‘(B) INCLUSIONS.—The term ‘municipal ‘‘(B) VIRGIN MATERIAL.—In subparagraph ‘‘(2) AUTHORIZATION TO RECEIVE OUT-OF- solid waste’ includes— (A), the term ‘virgin material’ includes pe- STATE MUNICIPAL SOLID WASTE.— ‘‘(i) appliances; troleum. ‘‘(A) IN GENERAL.—The term ‘authorization ‘‘(ii) clothing; ‘‘(b) PROHIBITION OF RECEIPT FOR DISPOSAL to receive out-of-State municipal solid ‘‘(iii) consumer product packaging; OF OUT-OF-STATE WASTE.—No facility may waste’ means a provision contained in a host ‘‘(iv) cosmetics; receive for disposal out-of-State municipal community agreement or permit that spe- ‘‘(v) disposable diapers; solid waste except as provided in subsections cifically authorizes a facility to receive out- ‘‘(vi) food containers made of glass or (c), (d), and (e). of-State municipal solid waste. metal; ‘‘(c) EXISTING HOST COMMUNITY AGREE- ‘‘(B) SPECIFIC AUTHORIZATION.— ‘‘(vii) food waste; MENTS.— ‘‘(i) SUFFICIENT FORMULATIONS.—For the ‘‘(viii) household hazardous waste; ‘‘(1) IN GENERAL.—Subject to subsection (f), purposes of subparagraph (A), only the fol- ‘‘(ix) office supplies; a facility operating under an existing host lowing, shall be considered to specifically ‘‘(x) paper; and community agreement may receive for dis- authorize a facility to receive out-of-State ‘‘(xi) yard waste. posal out-of-State municipal solid waste if— municipal solid waste: ‘‘(C) EXCLUSIONS.—The term ‘municipal ‘‘(A) the owner or operator of the facility ‘‘(I) an authorization to receive municipal solid waste’ does not include— has complied with paragraph (2); and solid waste from any place within a fixed ra- ‘‘(i) solid waste identified or listed as a ‘‘(B) the owner or operator of the facility is dius surrounding the facility that includes hazardous waste under section 3001, except in compliance with all of the terms and con- an area outside the State; for household hazardous waste; ditions of the host community agreement.

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.066 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2085

‘‘(2) PUBLIC INSPECTION OF AGREEMENT.— ‘‘(VI) landfill liners or leachate collection of the permit after the date of enactment of Not later than 90 days after the date of en- systems; and this section. actment of this section, the owner or oper- ‘‘(VII) monitoring programs; and ‘‘(B) DENIED OR REVOKED PERMITS.—A facil- ator of a facility described in paragraph (1) ‘‘(ii) any waste residuals (including leach- ity may not receive out-of-State municipal shall— ate and ash) that the facility will generate, solid waste under subparagraph (A) if the op- ‘‘(A) provide a copy of the existing host and the planned management of the residu- erating permit for the facility (or any re- community agreement to the State and af- als. newal of the operating permit) was denied or fected local government; and ‘‘(E) A description of site access controls revoked by the appropriate State agency be- ‘‘(B) make a copy of the existing host com- to be employed by the owner or operator and fore the date of enactment of this section un- munity agreement available for inspection road improvements to be made by the owner less the permit or renewal was granted, re- by the public in the local community. or operator, including an estimate of the newed, or reinstated before that date. timing and extent of anticipated local truck ‘‘(2) DOCUMENTED RECEIPT DURING 1993.— ‘‘(d) NEW HOST COMMUNITY AGREEMENTS.— traffic. ‘‘(A) IN GENERAL.—Subject to subsection ‘‘(1) IN GENERAL.—Subject to subsection (f), a facility operating under a new host com- ‘‘(F) A list of all required Federal, State, (f), a facility that, during 1993, received out- munity agreement may receive for disposal and local permits. of-State municipal solid waste may receive out-of-State municipal solid waste if the out-of-State municipal solid waste if— ‘‘(G) Estimates of the personnel require- ments of the facility, including— owner or operator of the facility submits to ‘‘(A) the agreement meets the require- ‘‘(i) information regarding the probable the State and to the affected local govern- ments of paragraphs (2) through (5); and skill and education levels required for job ment documentation of the receipt of out-of- ‘‘(B) the owner or operator of the facility is positions at the facility; and State municipal solid waste during 1993, in- in compliance with all of the terms and con- ‘‘(ii) to the extent practicable, a distinc- cluding information about— ditions of the host community agreement. tion between preoperational and ‘‘(i) the date of receipt of the out-of-State ‘‘(2) REQUIREMENTS FOR AUTHORIZATION.— postoperational employment statistics of the municipal solid waste; ‘‘(A) IN GENERAL.—Authorization to receive facility. ‘‘(ii) the volume of out-of-State municipal out-of-State municipal solid waste under a ‘‘(H) Any information that is required by solid waste received in 1993; new host community agreement shall— State or Federal law to be provided with re- ‘‘(iii) the place of origin of the out-of-State ‘‘(i) be granted by formal action at a meet- spect to— municipal solid waste received; and ing; ‘‘(i) any violation of environmental law ‘‘(iv) the type of out-of-State municipal ‘‘(ii) be recorded in writing in the official (including regulations) by the owner or oper- solid waste received. record of the meeting; and ator or any subsidiary of the owner or oper- ‘‘(B) FALSE OR MISLEADING INFORMATION.— ‘‘(iii) remain in effect according to the ator; Documentation submitted under subpara- terms of the new host community agree- ‘‘(ii) the disposition of any enforcement graph (A) shall be made under penalty of per- ment. proceeding taken with respect to the viola- jury under State law for the submission of ‘‘(B) SPECIFICATIONS.—An authorization to tion; and false or misleading information. receive out-of-State municipal solid waste ‘‘(iii) any corrective action and rehabilita- ‘‘(C) AVAILABILITY OF DOCUMENTATION.— shall specify terms and conditions, tion measures taken as a result of the pro- The owner or operator of a facility that re- including— ceeding. ceives out-of-State municipal solid waste ‘‘(i) the quantity of out-of-State municipal ‘‘(I) Any information that is required by under subparagraph (A)— solid waste that the facility may receive; Federal or State law to be provided with re- ‘‘(i) shall make available for inspection by and spect to compliance by the owner or operator the public in the local community a copy of ‘‘(ii) the duration of the authorization. with the State solid waste management plan. the documentation submitted under subpara- ‘‘(3) INFORMATION.—Before seeking an au- ‘‘(J) Any information that is required by graph (A); but thorization to receive out-of-State municipal Federal or State law to be provided with re- ‘‘(ii) may omit any proprietary informa- solid waste under a new host community spect to gifts and contributions made by the tion contained in the documentation. agreement, the owner or operator of the fa- owner or operator. ‘‘(3) BI-STATE METROPOLITAN STATISTICAL cility seeking the authorization shall pro- ‘‘(4) ADVANCE NOTIFICATION.—Before taking AREAS.— vide (and make readily available to the formal action to grant or deny authorization ‘‘(A) IN GENERAL.—A facility in a State State, each contiguous local government and to receive out-of-State municipal solid waste may receive out-of-State municipal solid Indian tribe, and any other interested person under a new host community agreement, an waste if the out-of-State municipal solid for inspection and copying) the following: affected local government shall— waste is generated in, and the facility is lo- ‘‘(A) A brief description of the facility, in- ‘‘(A) notify the State, contiguous local cated in, the same bi-State level A metro- cluding, with respect to the facility and any governments, and any contiguous Indian politan statistical area (as defined and listed planned expansion of the facility, a descrip- tribes; by the Director of the Office of Management tion of— ‘‘(B) publish notice of the proposed action and Budget as of the date of enactment of ‘‘(i) the size of the facility; in a newspaper of general circulation at least this section) that contains 2 contiguous ‘‘(ii) the ultimate municipal solid waste 15 days before holding a hearing under sub- major cities, each of which is in a different capacity of the facility; and paragraph (C), except where State law pro- State. ‘‘(iii) the anticipated monthly and yearly vides for an alternate form of public notifi- ‘‘(B) GOVERNOR AGREEMENT.—A facility de- volume of out-of-State municipal solid waste cation; and scribed in subparagraph (A) may receive out- to be received at the facility. ‘‘(C) provide an opportunity for public of-State municipal solid waste only if the ‘‘(B) A map of the facility site that comment in accordance with State law, in- Governor of each State in the bi-State met- indicates— cluding at least 1 public hearing. ropolitan statistical area agrees that the fa- ‘‘(i) the location of the facility in relation ‘‘(5) SUBSEQUENT NOTIFICATION.—Not later cility may receive out-of-State municipal to the local road system; than 90 days after an authorization to re- solid waste. ‘‘(ii) topographical and general ceive out-of-State municipal solid waste is ‘‘(f) REQUIRED COMPLIANCE.—A facility may hydrogeological features; granted under a new host community agree- not receive out-of-State municipal solid ‘‘(iii) any buffer zones to be acquired by ment, the affected local government shall waste under subsection (c), (d), or (e) at any the owner or operator; and give notice of the authorization to— time at which the State has determined ‘‘(iv) all facility units. ‘‘(A) the Governor; that— ‘‘(C) A description of— ‘‘(B) contiguous local governments; and ‘‘(1) the facility is not in compliance with ‘‘(i) the environmental characteristics of ‘‘(C) any contiguous Indian tribes. applicable Federal and State laws (including the site, as of the date of application for au- ‘‘(e) RECEIPT FOR DISPOSAL OF OUT-OF- regulations) relating to— thorization; STATE MUNICIPAL SOLID WASTE BY FACILITIES ‘‘(A) facility design and operation; and ‘‘(ii) ground water use in the area, includ- NOT SUBJECT TO HOST COMMUNITY AGREE- ‘‘(B)(i) in the case of a landfill— ing identification of private wells and public MENTS.— ‘‘(I) facility location standards; drinking water sources; and ‘‘(1) PERMIT.— ‘‘(II) leachate collection standards; ‘‘(iii) alterations that may be necessitated ‘‘(A) IN GENERAL.—Subject to subsection ‘‘(III) ground water monitoring standards; by, or occur as a result of, operation of the (f), a facility for which, before the date of en- and facility. actment of this section, the State issued a ‘‘(IV) standards for financial assurance and ‘‘(D) A description of— permit containing an authorization may re- for closure, postclosure, and corrective ac- ‘‘(i) environmental controls required to be ceive out-of-State municipal solid waste if— tion; and used on the site (under permit require- ‘‘(i) not later than 90 days after the date of ‘‘(ii) in the case of an incinerator, the ap- ments), including— enactment of this section, the owner or oper- plicable requirements of section 129 of the ‘‘(I) run-on and run off management; ator of the facility notifies the affected local Clean Air Act (42 U.S.C. 7429); and ‘‘(II) air pollution control devices; government of the existence of the permit; ‘‘(2) the noncompliance constitutes a ‘‘(III) source separation procedures; and threat to human health or the environment. ‘‘(IV) methane monitoring and control; ‘‘(ii) the owner or operator of the facility ‘‘(g) AUTHORITY TO LIMIT RECEIPT OF OUT- ‘‘(V) landfill covers; complies with all of the terms and conditions OF-STATE MUNICIPAL SOLID WASTE.—

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.060 pfrm02 PsN: S19PT1 S2086 CONGRESSIONAL RECORD — SENATE March 19, 2002

‘‘(1) LIMITS ON QUANTITY OF WASTE RE- ‘‘(B) In each of calendar years 2004 through ‘‘(B) PROHIBITION OF SURCHARGE.—In no CEIVED.— 2007, 95 percent of the quantity received in event shall a cost recovery surcharge be im- ‘‘(A) LIMIT FOR ALL FACILITIES IN THE the previous year. posed by a State to the extent that— STATE.— ‘‘(C) In each calendar year after calendar ‘‘(i) the cost for which recovery is sought is ‘‘(i) IN GENERAL.—A State may limit the year 2007, 65 percent of the quantity received otherwise paid, recovered, or offset by any quantity of out-of-State municipal solid in calendar year 1993. other fee or tax paid to the State or a polit- waste received annually at each facility in ‘‘(2) UNIFORM APPLICABILITY.—A limit ical subdivision of the State; or the State to the quantity described in para- under paragraph (1) shall apply uniformly— ‘‘(ii) to the extent that the amount of the graph (2). ‘‘(A) to the quantity of out-of-State munic- surcharge is offset by voluntary payments to ‘‘(ii) NO CONFLICT.— ipal solid waste that may be received at all a State or a political subdivision of the ‘‘(I) IN GENERAL.—A limit under clause (i) facilities in the State that received out-of- State, in connection with the generation, shall not conflict with— State municipal solid waste in calendar year transportation, treatment, processing, or ‘‘(aa) an authorization to receive out-of- 1993; and disposal of solid waste. State municipal solid waste contained in a ‘‘(B) for each facility described in clause ‘‘(C) SUBSIDY; NON-DISCRIMINATION.—The permit; or (i), to the quantity of out-of-State municipal grant of a subsidy by a State with respect to ‘‘(bb) a host community agreement entered solid waste that may be received from each entities disposing of waste generated within into between the owner or operator of a fa- State that generated out-of-State municipal the State does not constitute discrimination cility and the affected local government. solid waste received at the facility in cal- for purposes of subparagraph (A). ‘‘(II) CONFLICT.—A limit shall be treated as endar year 1993. ‘‘(j) IMPLEMENTATION AND ENFORCEMENT.— conflicting with a permit or host community ‘‘(3) NOTICE.—Not later than 90 days before A State may adopt such laws (including reg- agreement if the permit or host community establishing a limit under paragraph (1), a ulations), not inconsistent with this section, agreement establishes a higher limit, or if State shall provide notice of the proposed as are appropriate to implement and enforce the permit or host community agreement limit to each State from which municipal this section, including provisions for pen- does not establish a limit, on the quantity of solid waste was received in calendar year alties. out-of-State municipal solid waste that may 1993. ‘‘(k) ANNUAL STATE REPORT.— be received annually at the facility. ‘‘(4) ALTERNATIVE AUTHORITIES.—If a State ‘‘(1) FACILITIES.—On February 1, 2003, and ‘‘(B) LIMIT FOR PARTICULAR FACILITIES.— exercises authority under this subsection, on February 1 of each subsequent year, the ‘‘(i) IN GENERAL.—An affected local govern- the State may not thereafter exercise au- owner or operator of each facility that re- ment that has not executed a host commu- thority under subsection (g). ceives out-of-State municipal solid waste nity agreement with a particular facility ‘‘(i) COST RECOVERY SURCHARGE.— shall submit to the State information may limit the quantity of out-of-State mu- ‘‘(1) DEFINITIONS.—In this subsection: specifying— nicipal solid waste received annually at the ‘‘(A) COST.—The term ‘cost’ means a cost ‘‘(A) the quantity of out-of-State munic- facility to the quantity specified in para- incurred by the State for the implementa- ipal solid waste received during the pre- graph (2). tion of State laws governing the processing, ceding calendar year; and ‘‘(ii) NO CONFLICT.—A limit under clause (i) combustion, or disposal of municipal solid ‘‘(B) the State of origin of the out-of-State shall not conflict with an authorization to waste, limited to— municipal solid waste received during the receive out-of-State municipal solid waste ‘‘(i) the issuance of new permits and re- preceding calendar year. contained in a permit. newal of or modification of permits; ‘‘(2) TRANSFER STATIONS.— ‘‘(C) EFFECT ON OTHER LAWS.—Nothing in ‘‘(ii) inspection and compliance moni- ‘‘(A) DEFINITION OF RECEIVE FOR TRANS- this subsection supersedes any State law re- toring; FER.—In this paragraph, the term ‘receive for lating to contracts. ‘‘(iii) enforcement; and transfer’ means receive for temporary stor- ‘‘(2) LIMIT ON QUANTITY.— ‘‘(iv) costs associated with technical assist- age pending transfer to another State or fa- ‘‘(A) IN GENERAL.—For any facility that ance, data management, and collection of cility. commenced receiving documented out-of- fees. ‘‘(B) REPORT.—On February 1, 2003, and on State municipal solid waste before the date ‘‘(B) PROCESSING.—The term ‘processing’ February 1 of each subsequent year, the of enactment of this section, the quantity re- means any activity to reduce the volume of owner or operator of each transfer station ferred to in paragraph (1) for any year shall municipal solid waste or alter the chemical, that receives for transfer out-of-State mu- be equal to the quantity of out-of-State mu- biological or physical state of municipal nicipal solid waste shall submit to the State nicipal solid waste received at the facility solid waste, through processes such as ther- a report describing— during calendar year 1993. mal treatment, bailing, composting, crush- ‘‘(i) the quantity of out-of-State municipal ‘‘(B) DOCUMENTATION.— ing, shredding, separation, or compaction. solid waste received for transfer during the ‘‘(i) CONTENTS.—Documentation submitted ‘‘(2) AUTHORITY.—A State may authorize, preceding calendar year; under subparagraph (A) shall include infor- impose, and collect a cost recovery charge on ‘‘(ii) each State of origin of the out-of- mation about— the processing or disposal of out-of-State State municipal solid waste received for ‘‘(I) the date of receipt of the out-of-State municipal solid waste in the State in accord- transfer during the preceding calendar year; municipal solid waste; ance with this subsection. and ‘‘(II) the volume of out-of-State municipal ‘‘(3) AMOUNT OF SURCHARGE.—The amount ‘‘(iii) each State of destination of the out- solid waste received in 1993; of a cost recovery surcharge— of-State municipal solid waste transferred ‘‘(III) the place of origin of the out-of- ‘‘(A) may be no greater than the amount from the transfer station during the pre- State municipal solid waste received; and necessary to recover those costs determined ceding calendar year. ‘‘(IV) the type of out-of-State municipal in conformance with paragraph (5); and ‘‘(3) NO PRECLUSION OF STATE REQUIRE- solid waste received. ‘‘(B) in no event may exceed $3.00 per ton MENTS.—The requirements of paragraphs (1) ‘‘(ii) FALSE OR MISLEADING INFORMATION.— of waste. and (2) do not preclude any State require- Documentation submitted under subpara- ‘‘(4) USE OF SURCHARGE COLLECTED.—All ment for more frequent reporting. graph (A) shall be made under penalty of per- cost recovery surcharges collected by a State ‘‘(4) FALSE OR MISLEADING INFORMATION.— jury under State law for the submission of under this subsection shall be used to fund Documentation submitted under paragraphs false or misleading information. solid waste management programs, adminis- (1) and (2) shall be made under penalty of ‘‘(3) NO DISCRIMINATION.—In establishing a tered by the State or a political subdivision perjury under State law for the submission limit under this subsection, a State shall act of the State, that incur costs for which the of false or misleading information. in a manner that does not discriminate surcharge is collected. ‘‘(5) REPORT.—On March 1, 2003, and on against any shipment of out-of-State munic- ‘‘(5) CONDITIONS.— March 1 of each year thereafter, each State ipal solid waste on the basis of State of ori- ‘‘(A) IN GENERAL.—Subject to subpara- to which information is submitted under gin. graphs (B) and (C), a State may impose and paragraphs (1) and (2) shall publish and make ‘‘(h) AUTHORITY TO LIMIT RECEIPT OF OUT- collect a cost recovery surcharge on the available to the public a report containing OF-STATE MUNICIPAL SOLID WASTE TO DECLIN- processing or disposal within the State of information on the quantity of out-of-State ING PERCENTAGES OF QUANTITIES RECEIVED out-of-State municipal solid waste if— municipal solid waste received for disposal DURING 1993.— ‘‘(i) the State demonstrates a cost to the and received for transfer in the State during ‘‘(1) IN GENERAL.—A State in which facili- State arising from the processing or disposal the preceding calendar year.’’. ties received more than 650,000 tons of out-of- within the State of a volume of municipal (b) CONFORMING AMENDMENT.—The table of State municipal solid waste in calendar year solid waste from a source outside the State; contents of the Solid Waste Disposal Act (42 1993 may establish a limit on the quantity of ‘‘(ii) the surcharge is based on those costs U.S.C. prec. 6901) is amended by adding after out-of-State municipal solid waste that may to the State demonstrated under subpara- the item relating to section 4010 the fol- be received at all facilities in the State de- graph (A) that, if not paid for through the lowing: scribed in subsection (e)(2) in the following surcharge, would otherwise have to be paid ‘‘Sec. 4011. Authority to prohibit or limit re- quantities: or subsidized by the State; and ceipt of out-of-State municipal ‘‘(A) In calendar year 2003, 95 percent of the ‘‘(iii) the surcharge is compensatory and is solid waste at existing facili- quantity received in calendar year 1993. not discriminatory. ties.’’.

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0655 E:\CR\FM\A19MR6.060 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2087 SEC. 3. AUTHORITY TO DENY PERMITS FOR OR ‘‘Sec. 4012. Authority to deny permits for or of-State construction and demolition waste IMPOSE PERCENTAGE LIMITS ON impose percentage limits on received under this section shall— RECEIPT OF OUT-OF-STATE MUNIC- new facilities.’’. ‘‘(A) not later than January 1, 2003, estab- IPAL SOLID WASTE AT NEW FACILI- TIES. SEC. 4. CONSTRUCTION AND DEMOLITION lish and implement reporting requirements WASTE. to determine the quantity of construction (a) AMENDMENT.—Subtitle D of the Solid (a) AMENDMENT.—Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) (as and demolition waste that is— Waste Disposal Act (42 U.S.C. 6941 et seq.) (as ‘‘(i) disposed of in the State; and amended by section 2(a)), is amended by add- amended by section 3(a)), is amended by add- ing after section 4011 the following: ‘‘(ii) imported into the State; and ing after section 4012 the following: ‘‘(B) not later than March 1, 2004— ‘‘SEC. 4012. AUTHORITY TO DENY PERMITS FOR ‘‘SEC. 4013. CONSTRUCTION AND DEMOLITION ‘‘(i) establish the annual quantity of out- OR IMPOSE PERCENTAGE LIMITS ON WASTE. of-State construction and demolition waste RECEIPT OF OUT-OF-STATE MUNIC- ‘‘(a) DEFINITIONS.—In this section: IPAL SOLID WASTE AT NEW FACILI- received during calendar year 2003; and ‘‘(1) TERMS DEFINED IN SECTION 4011.—The TIES. ‘‘(ii) report the tonnage received during terms ‘affected local government’, ‘Gov- ‘‘(a) DEFINITIONS.—In this section: calendar year 2003 to the Governor of each ernor’, and ‘receive’ have the meanings given ‘‘(1) TERMS DEFINED IN SECTION 4011.—The exporting State. those terms, respectively, in section 4011. terms ‘authorization to receive out-of-State ‘‘(3) REPORTING BY FACILITIES.— ‘‘(2) OTHER TERMS.— municipal solid waste’, ‘disposal’, ‘existing ‘‘(A) IN GENERAL.—Each facility that re- ‘‘(A) BASE YEAR QUANTITY.—The term ‘base ceives out-of-State construction and demoli- host community agreement’, ‘host commu- year quantity’ means— nity agreement’, ‘municipal solid waste’, ‘‘(i) the annual quantity of out-of-State tion debris shall report to the State in which ‘out-of-State municipal solid waste’, and ‘re- construction and demolition debris received the facility is located the quantity and State ceive’ have the meaning given those terms, at a State in calendar year 2003, as deter- of origin of out-of-State construction and respectively, in section 4011. mined under subsection (c)(2)(B)(i); or demolition debris received— ‘‘(2) OTHER TERMS.—The term ‘facility’ ‘‘(ii) in the case of an expedited implemen- ‘‘(i) in calendar year 2002, not later than means a landfill, incinerator, or other enter- tation under subsection (c)(5), the annual February 1, 2003; and prise that receives out-of-State municipal quantity of out-of-State construction and ‘‘(ii) in each subsequent calendar year, not solid waste on or after the date of enactment demolition debris received in a State in cal- later than February 1 of the calendar year of this section. endar year 2002. following that year. ‘‘(b) AUTHORITY TO DENY PERMITS OR IM- ‘‘(B) CONSTRUCTION AND DEMOLITION ‘‘(B) NO PRECLUSION OF STATE REQUIRE- POSE PERCENTAGE LIMITS.— WASTE.— MENTS.—The requirement of subparagraph ‘‘(1) ALTERNATIVE AUTHORITIES.—In any ‘‘(i) IN GENERAL.—The term ‘construction (A) does not preclude any State requirement calendar year, a State may exercise the au- and demolition waste’ means debris resulting for more frequent reporting. thority under either paragraph (2) or para- from the construction, renovation, repair, or ‘‘(C) PENALTY.—Each submission under graph (3), but may not exercise the authority demolition of or similar work on a structure. this paragraph shall be made under penalty under both paragraphs (2) and (3). ‘‘(ii) EXCLUSIONS.—The term ‘construction of perjury under State law. ‘‘(2) AUTHORITY TO DENY PERMITS.—A State and demolition waste’ does not include de- ‘‘(4) LIMIT ON DEBRIS RECEIVED.— may deny a permit for the construction or bris that— ‘‘(A) RATCHET.—A State in which facilities operation of or a major modification to a fa- ‘‘(I) is commingled with municipal solid receive out-of-State construction and demo- cility if— waste; or lition debris may decrease the quantity of ‘‘(A) the State has approved a State or ‘‘(II) is contaminated, as determined under construction and demolition debris that may local comprehensive municipal solid waste subsection (b). be received at each facility to an annual per- management plan developed under Federal ‘‘(C) FACILITY.—The term ‘facility’ means centage of the base year quantity specified or State law; and any enterprise that receives construction in subparagraph (B). ‘‘(B) the denial is based on a determina- and demolition waste on or after the date of ‘‘(B) REDUCED ANNUAL PERCENTAGES.—A tion, under a State law authorizing the de- enactment of this section, including land- limit on out-of-State construction and demo- nial, that there is not a local or regional fills. lition debris imposed by a State under sub- need for the facility in the State. ‘‘(D) OUT-OF-STATE CONSTRUCTION AND DEM- paragraph (A) shall be equal to— ‘‘(3) AUTHORITY TO IMPOSE PERCENTAGE OLITION WASTE.—The term ‘out-of-State con- ‘‘(i) in calendar year 2004, 95 percent of the LIMIT.—A State may provide by law that a struction and demolition waste’ means— base year quantity; State permit for the construction, operation, ‘‘(i) with respect to any State, construc- ‘‘(ii) in calendar year 2005, 90 percent of the or expansion of a facility shall include the tion and demolition debris generated outside base year quantity; requirement that not more than a specified the State; and ‘‘(iii) in calendar year 2006, 85 percent of percentage (which shall be not less than 20 ‘‘(ii) construction and demolition debris the base year quantity; percent) of the total quantity of municipal generated outside the United States, unless ‘‘(iv) in calendar year 2007, 80 percent of solid waste received annually at the facility the President determines that treatment of the base year quantity; shall be out-of-State municipal solid waste. the construction and demolition debris as ‘‘(v) in calendar year 2008, 75 percent of the ‘‘(c) NEW HOST COMMUNITY AGREEMENTS.— out-of-State construction and demolition base year quantity; ‘‘(1) IN GENERAL.—Notwithstanding sub- waste under this section would be incon- ‘‘(vi) in calendar year 2009, 70 percent of section (b)(3), a facility operating under an sistent with the North American Free Trade the base year quantity; existing host community agreement that Agreement or the Uruguay Round Agree- ‘‘(vii) in calendar year 2010, 65 percent of contains an authorization to receive out-of- ments (as defined in section 2 of the Uruguay the base year quantity; State municipal solid waste in a specific Round Agreements Act (19 U.S.C. 3501)). ‘‘(viii) in calendar year 2011, 60 percent of quantity annually may receive that quan- ‘‘(b) CONTAMINATED CONSTRUCTION AND the base year quantity; tity. DEMOLITION DEBRIS.— ‘‘(ix) in calendar year 2012, 55 percent of ‘‘(2) NO EFFECT ON STATE PERMIT DENIAL.— ‘‘(1) IN GENERAL.—For the purpose of deter- the base year quantity; and Nothing in paragraph (1) authorizes a facil- mining whether debris is contaminated, the ‘‘(x) in calendar year 2013 and in each sub- ity described in that paragraph to receive generator of the debris shall conduct rep- sequent year, 50 percent of the base year out-of-State municipal solid waste if the resentative sampling and analysis of the de- quantity. State has denied a permit to the facility bris. ‘‘(5) EXPEDITED IMPLEMENTATION.— under subsection (b)(2). ‘‘(2) SUBMISSION OF RESULTS.—Unless not ‘‘(A) RATCHET.—A State in which facilities ‘‘(d) UNIFORM AND NONDISCRIMINATORY AP- required by the affected local government, receive out-of-State construction and demo- PLICATION.—A law under subsection (b) or the results of the sampling and analysis lition debris may decrease the quantity of (c)— under paragraph (1) shall be submitted to the construction and demolition debris that may ‘‘(1) shall be applicable throughout the affected local government for recordkeeping be received at each facility to an annual per- State; purposes only. centage of the base year quantity specified ‘‘(2) shall not directly or indirectly dis- ‘‘(3) DISPOSAL OF CONTAMINATED DEBRIS.— in subparagraph (B) if— criminate against any particular facility; Any debris described in subsection ‘‘(i) on the date of enactment of this sec- and (a)(2)(B)(i) that is determined to be contami- tion, the State has determined the quantity ‘‘(3) shall not directly or indirectly dis- nated shall be disposed of in a landfill that of construction and demolition waste re- criminate against any shipment of out-of- meets the requirements of this Act. ceived in the State in calendar year 2002; and State municipal solid waste on the basis of ‘‘(c) LIMIT ON CONSTRUCTION AND DEMOLI- ‘‘(ii) the State complies with paragraphs place of origin.’’. TION WASTE.— (2) and (3). (b) CONFORMING AMENDMENT.—The table of ‘‘(1) IN GENERAL.—A State may establish a ‘‘(B) EXPEDITED REDUCED ANNUAL PERCENT- contents in section 1001 of the Solid Waste limit on the annual amount of out-of-State AGES.—An expedited implementation of a Disposal Act (42 U.S.C. prec. 6901) (as amend- construction and demolition waste that may limit on the receipt of out-of-State construc- ed by section 1(b)) is amended by adding at be received at landfills in the State. tion and demolition debris imposed by a the end of the items relating to subtitle D ‘‘(2) REQUIRED ACTION BY THE STATE.—A State under subparagraph (A) shall be equal the following: State that seeks to limit the receipt of out- to—

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.061 pfrm02 PsN: S19PT1 S2088 CONGRESSIONAL RECORD — SENATE March 19, 2002 ‘‘(i) in calendar year 2003, 95 percent of the sale within 180 days of the declaration or fill unit on the National Priorities List es- base year quantity; regulation; or tablished under the Comprehensive Environ- ‘‘(ii) in calendar year 2004, 90 percent of the ‘‘(C) on or before the suspension date, exe- mental Response, Compensation, and Liabil- base year quantity; cuted a legally binding contract or agree- ity Act of 1980 unless such State or political ‘‘(iii) in calendar year 2005, 85 percent of ment that— subdivision or the owner or operator of such the base year quantity; ‘‘(i) was in effect as of the suspension date; landfill unit has indemnified that person ‘‘(iv) in calendar year 2006, 80 percent of ‘‘(ii) obligates the delivery of a minimum against all liability under that Act with re- the base year quantity; quantity of municipal solid waste or recycla- spect to such waste or materials. ‘‘(v) in calendar year 2007, 75 percent of the ble materials to one or more such designated ‘‘(e) OWNERSHIP OF RECYCLABLE MATE- base year quantity; waste management facilities or facilities for RIALS.—Nothing in this section shall author- ‘‘(vi) in calendar year 2008, 70 percent of recyclable materials; and ize any State or political subdivision to re- the base year quantity; ‘‘(iii) either— quire any person to sell or transfer any recy- ‘‘(vii) in calendar year 2009, 65 percent of ‘‘(I) obligates the State or political sub- clable materials to such State or political the base year quantity; division to pay for that minimum quantity subdivision. ‘‘(viii) in calendar year 2010, 60 percent of of waste or recyclable materials even if the ‘‘(f) LIMITATION ON REVENUE.—A State or the base year quantity; stated minimum quantity of such waste or political subdivision may exercise the flow ‘‘(ix) in calendar year 2011, 55 percent of recyclable materials is not delivered within control authority granted in this section the base year quantity; and a required timeframe; or only if the State or political subdivision lim- ‘‘(x) in calendar year 2012 and in each sub- ‘‘(II) otherwise imposes liability for dam- its the use of any of the revenues it derives sequent year, 50 percent of the base year ages resulting from such failure. from the exercise of such authority to the quantity.’’. ‘‘(b) WASTE STREAM SUBJECT TO FLOW CON- payment of one or more of the following: (b) CONFORMING AMENDMENT.—The table of TROL.—Subsection (a) authorizes only the ex- ‘‘(1) Principal and interest on any eligible contents in section 1001 of the Solid Waste ercise of flow control authority with respect bond. Disposal Act (42 U.S.C. prec. 6901) (as amend- to the flow to any designated facility of the ‘‘(2) Principal and interest on a bond issued ed by section 3(b)), is amended by adding at specific classes or categories of municipal for a qualified environmental retrofit. the end of the items relating to subtitle D solid waste and voluntarily relinquished re- ‘‘(3) Payments required by the terms of a the following: cyclable materials to which such flow con- contract referred to in subsection (a)(3)(C). ‘‘Sec. 4013. Construction and demolition de- trol authority was applicable on the suspen- ‘‘(4) Other expenses necessary for the oper- bris.’’. sion date and— ation and maintenance and closure of des- SEC. 5. CONGRESSIONAL AUTHORIZATION OF ‘‘(1) in the case of any designated waste ignated facilities and other integral facili- STATE AND LOCAL MUNICIPAL management facility or facility for recycla- ties identified by the bond necessary for the SOLID WASTE FLOW CONTROL. ble materials that was in operation as of the operation and maintenance of such des- (a) AMENDMENT OF SUBTITLE D.—Subtitle D suspension date, only if the facility con- ignated facilities. of the Solid Waste Disposal Act (42 U.S.C. cerned received municipal solid waste or re- ‘‘(5) To the extent not covered by para- 6941 et seq.) (as amended by section 4(a)) is cyclable materials in those classes or cat- graphs (1) through (4), expenses for recycling, amended by adding after section 4013 the fol- egories on or before the suspension date; and composting, and household hazardous waste lowing: ‘‘(2) in the case of any designated waste activities in which the State or political sub- ‘‘SEC. 4014. CONGRESSIONAL AUTHORIZATION OF management facility or facility for recycla- division was engaged before the suspension STATE AND LOCAL GOVERNMENT ble materials that was not yet in operation date. The amount and nature of payments CONTROL OVER MOVEMENT OF MU- as of the suspension date, only of the classes described in this paragraph shall be fully dis- NICIPAL SOLID WASTE AND RECY- CLABLE MATERIALS. or categories that were clearly identified by closed to the public annually. ‘‘(a) FLOW CONTROL AUTHORITY FOR FACILI- the State or political subdivision as of the ‘‘(g) INTERIM CONTRACTS.—A contract of TIES PREVIOUSLY DESIGNATED.—Any State or suspension date to be flow controlled to such the type referred to in subsection (a)(3)(C) political subdivision thereof is authorized to facility. that was entered into during the period— exercise flow control authority to direct the ‘‘(c) DURATION OF FLOW CONTROL AUTHOR- ‘‘(1) before November 10, 1995, and after the movement of municipal solid waste and recy- ITY.—Flow control authority may be exer- effective date of any applicable final court clable materials voluntarily relinquished by cised pursuant to this section with respect to order no longer subject to judicial review the owner or generator thereof to particular any facility or facilities only until the later specifically invalidating the flow control au- waste management facilities, or facilities for of the following: thority of the applicable State or political recyclable materials, designated as of the ‘‘(1) The final maturity date of the bond re- subdivision; or suspension date, if each of the following con- ferred to in subsection (a)(3)(A) or (B). ‘‘(2) after the applicable State or political ditions are met: ‘‘(2) The expiration date of the contract or subdivision refrained pursuant to legislative ‘‘(1) The waste and recyclable materials agreement referred to in subsection (a)(3)(C). or official administrative action from enforc- are generated within the jurisdictional ‘‘(3) The adjusted expiration date of a bond ing flow control authority expressly because boundaries of such State or political subdivi- issued for a qualified environmental retrofit. of the existence of a court order of the type sion, as such jurisdiction was in effect on the The dates referred to in paragraphs (1) and described in subsection (a)(2)(B) issued by a suspension date. (2) shall be determined based upon the terms court of the same State or the Federal judi- ‘‘(2) Such flow control authority is imposed and provisions of the bond or contract or cial circuit within which such State is lo- through the adoption or execution of a law, agreement. In the case of a contract or cated and before the effective date on which ordinance, regulation, resolution, or other agreement described in subsection (a)(3)(C) it resumes enforcement of flow control au- legally binding provision or official act of that has no specified expiration date, for thority after enactment of this section, the State or political subdivision that— purposes of paragraph (2) of this subsection shall be fully enforceable in accordance with ‘‘(A) was in effect on the suspension date; the expiration date shall be the first date State law. ‘‘(B) was in effect prior to the issuance of that the State or political subdivision that is ‘‘(h) AREAS WITH PRE-1984 FLOW CONTROL.— an injunction or other order by a court based a party to the contract or agreement can ‘‘(1) GENERAL AUTHORITY.—A State that on on a ruling that such law, ordinance, regula- withdraw from its responsibilities under the or before January 1, 1984— tion, resolution, or other legally binding pro- contract or agreement without being in de- ‘‘(A) adopted regulations under a State law vision or official act violated the Commerce fault thereunder and without substantial that required or directed transportation, Clause of the United States Constitution; or penalty or other substantial legal sanction. management, or disposal of municipal solid ‘‘(C) was in effect immediately prior to The expiration date of a contract or agree- waste from residential, commercial, institu- suspension or partial suspension thereof by ment referred to in subsection (a)(3)(C) shall tional, or industrial sources (as defined legislative or official administrative action be deemed to occur at the end of the period under State law) to specifically identified of the State or political subdivision ex- of an extension exercised during the term of waste management facilities, and applied pressly because of the existence of an injunc- the original contract or agreement, if the du- those regulations to every political subdivi- tion or other court order of the type de- ration of that extension was specified by sion of the State; and scribed in subparagraph (B) issued by a court such contract or agreement as in effect on ‘‘(B) subjected such waste management fa- of competent jurisdiction. the suspension date. cilities to the jurisdiction of a State public ‘‘(3) The State or a political subdivision ‘‘(d) INDEMNIFICATION FOR CERTAIN TRANS- utilities commission, thereof has, for one or more of such des- PORTATION.—Notwithstanding any other pro- may exercise flow control authority over ignated facilities— vision of this section, no State or political municipal solid waste in accordance with the ‘‘(A) on or before the suspension date, pre- subdivision may require any person to trans- other provisions of this section. sented eligible bonds for sale; port municipal solid waste or recyclable ma- ‘‘(2) ADDITIONAL FLOW CONTROL AUTHOR- ‘‘(B) on or before the suspension date, terials, or to deliver such waste or materials ITY.—A State or any political subdivision of issued a written public declaration or regula- for transportation, to any active portion of a a State that meets the requirements of para- tion stating that bonds would be issued and municipal solid waste landfill unit if con- graph (1) may exercise flow control author- held hearings regarding such issuance, and tamination of such active portion is a basis ity over all classes and categories of munic- subsequently presented eligible bonds for for listing of the municipal solid waste land- ipal solid waste that were subject to flow

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.061 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2089 control by that State or political subdivision ‘‘(B) was authorized by State statute (en- Such designation includes designation on May 16, 1994, by directing municipal solid acted prior to January 1, 1992) to exercise through— waste from any waste management facility flow control authority, and subsequently ‘‘(A) bond covenants, official statements, that was designated as of May 16, 1994 to any adopted or sought to exercise the authority or other official financing documents issued other waste management facility in the through a law, ordinance, regulation, regu- by a State or political subdivision issuing an State without regard to whether the polit- latory proceeding, contract, franchise, or eligible bond; and ical subdivision in which the municipal solid other legally binding provision; and ‘‘(B) the execution of a contract of the type waste is generated had designated the par- ‘‘(C) was required by State statute (en- described in subsection (a)(3)(C), ticular waste management facility or had acted prior to January 1, 1992) to develop and in which one or more specific waste manage- issued a bond or entered into a contact re- implement a solid waste management plan ment facilities are identified as the requisite ferred to in subparagraph (A) or (B) of sub- consistent with the State solid waste man- facility or facilities for receipt of municipal section (a)(3), respectively. agement plan, and the district solid waste solid waste or recyclable materials gen- ‘‘(3) DURATION OF AUTHORITY.—The author- management plan was approved by the ap- erated within the jurisdictional boundaries ity to direct municipal solid waste to any fa- propriate State agency prior to September cility pursuant to this subsection shall ter- 15, 1994. of that State or political subdivision. ‘‘(4) ELIGIBLE BOND.—The term ‘eligible minate with regard to such facility in ac- ‘‘(l) SPECIAL RULE FOR CERTAIN CON- bond’ means— cordance with subsection (c). SORTIA.—For purposes of this section, if— ‘‘(A) a revenue bond or similar instrument ‘‘(i) EFFECT ON AUTHORITY OF STATES AND ‘‘(1) two or more political subdivisions are of indebtedness pledging payment to the POLITICAL SUBDIVISIONS.—Nothing in this members of a consortium of political sub- section shall be interpreted— divisions established to exercise flow control bondholder or holder of the debt of identified ‘‘(1) to authorize a political subdivision to authority with respect to any waste manage- revenues; or exercise the flow control authority granted ment facility or facility for recyclable mate- ‘‘(B) a general obligation bond, by this section in a manner inconsistent rials; the proceeds of which are used to finance one with State law; ‘‘(2) all of such members have either pre- or more designated waste management fa- ‘‘(2) to permit the exercise of flow control sented eligible bonds for sale or executed cilities, facilities for recyclable materials, or authority over municipal solid waste and re- contracts with the owner or operator of the specifically and directly related assets, de- cyclable materials to an extent greater than facility requiring use of such facility; velopment costs, or finance costs, as evi- the maximum volume authorized by State ‘‘(3) the facility was designated as of the denced by the bond documents. permit to be disposed at the waste manage- suspension date by at least one of such mem- ‘‘(5) FLOW CONTROL AUTHORITY.—The term ment facility or processed at the facility for bers; ‘flow control authority’ means the regu- recyclable materials; ‘‘(4) at least one of such members has met latory authority to control the movement of ‘‘(3) to limit the authority of any State or the requirements of subsection (a)(2) with re- municipal solid waste or voluntarily relin- political subdivision to place a condition on spect to such facility; and quished recyclable materials and direct such a franchise, license, or contract for munic- ‘‘(5) at least one of such members has pre- solid waste or recyclable materials to one or ipal solid waste or recyclable materials col- sented eligible bonds for sale, or entered into more designated waste management facili- lection, processing, or disposal; or a contract or agreement referred to in sub- ties or facilities for recyclable materials ‘‘(4) to impair in any manner the authority section (a)(3)(C), on or before the suspension within the boundaries of a State or political of any State or political subdivision to adopt date, for such facility, subdivision. or enforce any law, ordinance, regulation, or the facility shall be treated as having been ‘‘(6) MUNICIPAL SOLID WASTE.—The term other legally binding provision or official act designated, as of May 16, 1994, by all mem- ‘municipal solid waste’ has the meaning relating to the movement or processing of bers of such consortium, and all such mem- given that term in section 4011, except that municipal solid waste or recyclable mate- bers shall be treated as meeting the require- such term— rials which does not constitute discrimina- ments of subsection (a)(2) and (3) with re- ‘‘(A) includes waste material removed from tion against or an undue burden upon inter- spect to such facility. a septic tank, septage pit, or cesspool (other state commerce. ‘‘(m) RECOVERY OF DAMAGES.— than from portable toilets); and ‘‘(j) EFFECTIVE DATE.—The provisions of ‘‘(1) PROHIBITION.—No damages, interest on ‘‘(B) does not include— this section shall take effect with respect to damages, costs, or attorneys’ fees may be re- ‘‘(i) any substance the treatment and dis- the exercise by any State or political sub- covered in any claim against any State or posal of which is regulated under the Toxic division of flow control authority on or after local government, or official or employee Substances Control Act; the date of enactment of this section. Such thereof, based on the exercise of flow control ‘‘(ii) waste generated during scrap proc- provisions, other than subsection (d), shall authority on or before May 16, 1994. essing and scrap recycling; or also apply to the exercise by any State or po- ‘‘(2) APPLICABILITY.—Paragraph (1) shall ‘‘(iii) construction and demolition debris, litical subdivision of flow control authority apply to cases commenced on or after the except where the State or political subdivi- before such date of enactment, except that date of enactment of the Solid Waste Inter- sion had on or before January 1, 1989, issued nothing in this section shall affect any final state Transportation and Local Authority judgment that is no longer subject to judi- Act of 1999, and shall apply to cases com- eligible bonds secured pursuant to State or cial review as of the date of enactment of menced before such date except cases in local law requiring the delivery of construc- this section insofar as such judgment award- which a final judgment no longer subject to tion and demolition debris to a waste man- ed damages based on a finding that the exer- judicial review has been rendered. agement facility designated by such State or cise of flow control authority was unconsti- ‘‘(n) DEFINITIONS.—For the purposes of this political subdivision. tutional. section— ‘‘(7) POLITICAL SUBDIVISION.—The term ‘po- ‘‘(k) STATE SOLID WASTE DISTRICT AUTHOR- ‘‘(1) ADJUSTED EXPIRATION DATE.—The term litical subdivision’ means a city, town, bor- ITY.—In addition to any other flow control ‘adjusted expiration date’ means, with re- ough, county, parish, district, or public serv- authority authorized under this section a spect to a bond issued for a qualified envi- ice authority or other public body created by solid waste district or a political subdivision ronmental retrofit, the earlier of the final or pursuant to State law with authority to of a State may exercise flow control author- maturity date of such bond or 15 years after present for sale an eligible bond or to exer- ity for a period of 20 years after the enact- the date of issuance of such bond. cise flow control authority. ment of this section, for municipal solid ‘‘(2) BOND ISSUED FOR A QUALIFIED ENVIRON- ‘‘(8) RECYCLABLE MATERIALS.—The term waste and for recyclable materials that is MENTAL RETROFIT.—The term ‘bond issued for ‘recyclable materials’ means any materials generated within its jurisdiction if— a qualified environmental retrofit’ means a that have been separated from waste other- ‘‘(1) the solid waste district, or a political bond described in paragraph (4)(A) or (B), the wise destined for disposal (either at the subdivision within such district, is required proceeds of which are dedicated to financing source of the waste or at processing facili- through a recyclable materials recycling the retrofitting of a resource recovery facil- ties) or that have been managed separately program to meet a municipal solid waste re- ity or a municipal solid waste incinerator from waste destined for disposal, for the pur- duction goal of at least 30 percent by the necessary to comply with section 129 of the pose of recycling, reclamation, composting year 2005, and uses revenues generated by the Clean Air Act, provided that such bond is of organic materials such as food and yard exercise of flow control authority strictly to presented for sale before the expiration date waste, or reuse (other than for the purpose of implement programs to manage municipal of the bond or contract referred to in sub- incineration). Such term includes scrap tires solid waste and recyclable materials, other section (a)(3)(A), (B), or (C) that is applicable to be used in resource recovery. than incineration programs; and to such facility and no later than December ‘‘(9) SUSPENSION DATE.—The term ‘suspen- ‘‘(2) prior to the suspension date, the solid 31, 1999. sion date’ means, with respect to a State or waste district, or a political subdivision ‘‘(3) DESIGNATED.—The term ‘designated’ political subdivision— within such district— means identified by a State or political sub- ‘‘(A) May 16, 1994; ‘‘(A) was responsible under State law for division for receipt of all or any portion of ‘‘(B) the date of an injunction or other the management and regulation of the stor- the municipal solid waste or recyclable ma- court order described in subsection (a)(2)(B) age, collection, processing, and disposal of terials that is generated within the bound- that was issued with respect to that State or solid wastes within its jurisdiction; aries of the State or political subdivision. political subdivision; or

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.061 pfrm02 PsN: S19PT1 S2090 CONGRESSIONAL RECORD — SENATE March 19, 2002 ‘‘(C) the date of a suspension or partial sus- Election Campaign Act of 1971 to provide bi- (5) only 7 of President George W. Bush’s 29 pension described in subsection (a)(2)(C) with partisan campaign reform; which was or- circuit court nominees have been confirmed respect to that State or political subdivision. dered to lie on the table. to date, representing just 24 percent of such ‘‘(10) WASTE MANAGEMENT FACILITY.—The SA 3035. Mrs. HUTCHISON submitted an nominations submitted to the Senate. term ‘waste management facility’ means any amendment intended to be proposed by her (b) SENSE OF THE SENATE.—It is the Sense facility for separating, storing, transferring, to the bill H.R. 2356, supra; which was or- of the Senate that, in the interests of the ad- treating, processing, combusting, or dis- dered to lie on the table. ministration of justice, the Senate Judiciary posing of municipal solid waste.’’. SA 3036. Mrs. HUTCHISON submitted an Committee shall hold hearings on the nomi- (b) TABLE OF CONTENTS.—The table of con- amendment intended to be proposed by her nees submitted by the President on May 9, tents in section 1001 of the Solid Waste Dis- to the bill H.R. 2356, supra; which was or- 2001, by May 9, 2001. posal Act (42 U.S.C. prec. 6901) (as amended dered to lie on the table. by section 4(b)), is amended by adding at the SA 3037. Mr. TORRICELLI (for himself and SA 3034. Mrs. HUTCHISON submitted end of the items relating to subtitle D the Mr. CORZINE) submitted an amendment in- an amendment intended to be proposed following: tended to be proposed to amendment SA 2917 by her to the bill H.R. 2356, to amend proposed by Mr. DASCHLE (for himself and ‘‘Sec. 4014. Congressional authorization of the Federal Election Campaign Act of Mr. BINGAMAN) to the bill (S. 517) to author- State and local government ize funding the Department of Energy to en- 1971 to provide bipartisan campaign re- control over movement of mu- hance its mission areas through technology form; which was ordered to lie on the nicipal solid waste and recycla- transfer and partnerships for fiscal years 2002 table; as follows: ble materials.’’. through 2006, and for other purposes; which At the end, add the following: SEC. 6. EFFECT ON INTERSTATE COMMERCE. was ordered to lie on the table. ll No action by a State or affected local gov- SEC. . LIMITATION ON ACCEPTANCE OF OUT- SA 3038. Mr. KYL (for himself, Mr. MILLER, OF-STATE CONTRIBUTIONS BY CAN- ernment under an amendment made by this Mr. WARNER, Mr. MURKOWSKI, and Mr. DIDATES. Act shall be considered to impose an undue VOINOVICH) proposed an amendment to (a) IN GENERAL.—Title III of the Federal burden on interstate commerce or to other- amendment SA 3016 proposed by Mr. BINGA- Election Campaign Act of 1971 (2 U.S.C. 431 wise impair, restrain, or discriminate MAN to the amendment SA 2917 proposed by et seq.), as amended by section 318, is further against interstate commerce. Mr. DASCHLE (for himself and Mr. BINGA- amended by adding at the end the following f MAN) to the bill (S. 517) supra. new section: SA 3039. Mr. REID (for Mr. BINGAMAN) pro- ‘‘LIMITATION ON ACCEPTANCE OF OUT-OF-STATE SUBMITTED RESOLUTIONS posed an amendment to amendment SA 2917 CONTRIBUTIONS BY CANDIDATES proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) supra. ‘‘SEC. 325. (a) LIMITATION.— SENATE RESOLUTION 227—TO ‘‘(1) SENATE CANDIDATES.—A Senate can- f didate and the candidate’s authorized com- CLARIFY THE RULES REGARD- TEXT OF AMENDMENTS mittee shall not accept, during an election ING THE ACCEPTANCE OF PRO cycle, contributions from persons other than BONO LEGAL SERVICES BY SEN- SA 3033. Mr. LOTT proposed an individuals residing in the candidate’s State ATORS amendment to amendment SA 2989 pro- in an amount exceeding 40 percent of the posed by Mrs. FEINSTEIN (for herself, Mr. McCONNELL (for himself, Mr. total amount of contributions accepted dur- Ms. CANTWELL, Mr. WYDEN, Mrs. ing the election cycle. MCCAIN, and Mr. FEINGOLD) submitted BOXER, Mr. LEAHY, Mr. DURBIN, Mr. ‘‘(2) HOUSE CANDIDATES.—A House can- the following resolution, which was or- FITZGERALD, and Mr. CORZINE) to the didate and the candidate’s authorized com- dered held at the desk: amendment SA 2917 proposed by Mr. mittee shall not accept, during an election cycle, contributions from persons other than S. RES. 227 DASCHLE (for himself and Mr. BINGA- individuals residing in the candidate’s con- Resolved, That (a) notwithstanding the pro- MAN) to the bill (S. 517) to authorize visions of the Standing Rules of the Senate gressional district in an amount exceeding 40 funding the Department of Energy to percent of the total amount of contributions or Senate Resolution 508, adopted by the enhance its mission areas through Senate on September 4, 1980, or Senate Reso- accepted during the election cycle. lution 321, adopted by the Senate on October technology transfer and partnerships ‘‘(b) TIME TO MEET REQUIREMENT.—A can- 3, 1996, pro bono legal services provided to a for fiscal years 2002 through 2006, and didate shall meet the requirement of the ap- Member of the Senate with respect to any for other purposes; as follows: plicable paragraph of subsection (a) on the civil action challenging the constitu- At the appropriate place, add the fol- date for filing the post-general election re- tionality of a Federal statute that expressly lowing: port under section 304(a)(2)(A)(ii).’’. (b) DEFINITIONS.—Section 301 of the Fed- authorizes a Member either to file an action SEC. . FAIR TREATMENT OF PRESIDENTIAL JU- or to intervene in an action— DICIAL NOMINEES. eral Election Campaign Act of 1971 (2 U.S.C. (1) shall not be deemed a gift to the Mem- (a) FINDINGS.—The Senate finds that— 431), as amended by section 304(c), is further ber; (1) the Senate Judiciary Committee’s pace amended by adding at the end the following (2) shall not be deemed to be a contribution in acting on judicial nominees thus far in new paragraphs: to the office account of the Member; this Congress has caused the number of ‘‘(27) SENATE CANDIDATE.—The term ‘Sen- (3) shall not require the establishment of a judges confirmed by the Senate to fall below ate candidate’ means a candidate who seeks legal expense trust fund; and the number of judges who have retired dur- nomination for election, or election, to the (4) shall be governed by the Select Com- ing the same period, such that the 67 judicial Senate. mittee on Ethics Regulations Regarding Dis- vacancies that existed when Congress ad- ‘‘(28) HOUSE CANDIDATE.—The term ‘House closure of Pro Bono Legal Services, adopted journed under President Clinton’s last term candidate’ means a candidate who seeks February 13, 1997, or any revision thereto. in office in 2000 have now grown to 96 judicial nomination for election, or election, to the (b) This resolution shall supersede Senate vacancies, which represents an increase from House of Representatives.’’. Resolution 321, adopted by the Senate on Oc- 7.9 percent to 11 percent in the total number tober 3, 1996. of Federal judgeships that are currently va- SA 3035. Mrs. HUTCHISON submitted cant; an amendment intended to be proposed f (2) thirty one of the 96 current judicial va- by her to the bill H.R. 2356, to amend AMENDMENTS SUBMITTED AND cancies are on the United States Courts of the Federal Election Campaign Act of PROPOSED Appeals, representing a 17.3 percent vacancy 1971 to provide bipartisan campaign re- rate for such seats; form; which was ordered to lie on the SA 3033. Mr. LOTT proposed an amendment (3) seventeen of the 31 vacancies on the to amendment SA 2989 proposed by Mrs. Courts of Appeals have been declared ‘‘judi- table; as follows: FEINSTEIN (for herself, Ms. CANTWELL, Mr. cial emergencies’’ by the Administrative Of- At the end, add the following: WYDEN, Mrs. BOXER, Mr. LEAHY, Mr. DURBIN, fice of the U.S. Courts; SEC. ll. LIMIT ON CONGRESSIONAL USE OF THE Mr. FITZGERALD, and Mr. CORZINE) to the (4) during the first 2 years of President FRANKING PRIVILEGE. amendment SA 2917 proposed by Mr. Reagan’s first term, 19 of the 20 circuit court Section 3210(a)(6)(A) of title 39, United DASCHLE (for himself and Mr. BINGAMAN) to nominations that he submitted to the Senate States Code, is amended to read as follows: the bill (S. 517) to authorize funding the De- were confirmed; and during the first 2 years ‘‘(A) A Member of Congress shall not mail partment of Energy to enhance its mission of President George H. W. Bush’s term, 22 of any mass mailing as franked mail during a areas through technology transfer and part- the 23 circuit court nominations that he sub- year in which there will be an election for nerships for fiscal years 2002 through 2006, mitted to the Senate were confirmed; and the seat held by the Member during the pe- and for other purposes. during the first 2 years of President Clin- riod between January 1 of that year and the SA 3034. Mrs. HUTCHISON submitted an ton’s first term, 19 of the 22 circuit court date of the general election for that office, amendment intended to be proposed by her nominations that he submitted to the Senate unless the Member has made a public an- to the bill H.R. 2356, to amend the Federal were confirmed; and nouncement that the Member will not be a

VerDate 11-MAY-2000 02:49 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.061 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2091 candidate for election to any Federal office employees pay to such organization any dues for other purposes; which was ordered in that year (including the office held by the or fees related to collective bargaining, con- to lie on the table; as follows: Member).’’. tract administration, or grievance adjust- At the appropriate place insert the fol- ment necessary to performing the duties of lowing: SA 3036. Mrs. HUTCHISON submitted exclusive representation. A copy of such no- SEC. ll. EXTENSION OF SUPERFUND, OIL SPILL an amendment intended to be proposed tice shall be provided to each employee not LIABILITY, AND LEAKING UNDER- by her to the bill H.R. 2356, to amend later than 10 days after the first day of em- GROUND STORAGE TANK TAXES. the Federal Election Campaign Act of ployment. (a) EXCISE TAXES.— 1971 to provide bipartisan campaign re- ‘‘(2) The notice described in paragraph (1) (1) SUPERFUND TAXES.—Section 4611(e) is form; which was ordered to lie on the shall be of such size and in such form as the amended to read as follows: Board shall prescribe and shall be posted in table; as follows: ‘‘(e) APPLICATION OF HAZARDOUS SUBSTANCE conspicuous places in and about the plants SUPERFUND FINANCING RATE.—The Hazardous At the end, add the following: and offices of such employer, including all Substance Superfund financing rate under SEC. ll. RIGHTS OF EMPLOYEES RELATING TO places where notices to employees are cus- this section shall apply after December 31, THE PAYMENT AND USE OF LABOR tomarily posted.’’. 1986, and before January 1, 1996, and after the ORGANIZATION DUES. (d) EMPLOYEE PARTICIPATION IN THE AF- date of the enactment of the Energy Policy (a) PAYMENT OF DUES.— FAIRS OF A LABOR ORGANIZATION.—Section Act of 2002 and before October 1, 2007.’’. (1) RIGHTS OF EMPLOYEES.—Section 7 of the 8(b)(1) of the National Labor Relations Act (2) OIL SPILL LIABILITY TAX.—Section 4611(f) National Labor Relations Act (29 U.S.C. 157) (29 U.S.C. 158(b)(1)) is amended by striking is amended by striking ‘‘membership’’ and is amended to read as follows: ‘‘therein;’’ and inserting the following: ‘‘(f) APPLICATION OF OIL SPILL LIABILITY all that follows and inserting the following: ‘‘therein, except that, an employee who is TRUST FUND FINANCING RATE.—The Oil Spill ‘‘the payment to a labor organization of dues subject to an agreement between an em- Liability Trust Fund financing rate under or fees related to collective bargaining, con- ployer and a labor organization requiring as subsection (c) shall apply after December 31, tract administration, or grievance adjust- a condition of employment the payment of 1989, and before January 1, 1995, and after the ment necessary to performing the duties of dues or fees to such organization as author- date of the enactment of the Energy Policy exclusive representation as a condition of ized in subsection (a)(3) and who pays such Act of 2002 and before October 1, 2007.’’. employment as authorized in section dues or fees shall have the same right to par- (3) LEAKING UNDERGROUND STORAGE TANK 8(a)(3).’’. ticipate in the affairs of the organization re- RATE.—Section 4081(d)(3) is amended by (2) UNFAIR LABOR PRACTICES.—Section lated to collective bargaining, contract ad- striking ‘‘April 1, 2005’’ and inserting ‘‘Octo- 8(a)(3) of the National Labor Relations Act ministration, or grievance adjustment as ber 1, 2007.’’. (29 U.S.C. 158(a)(3)) is amended by striking any member of the organization;’’. (b) CORPORATE ENVIRONMENTAL INCOME ‘‘membership therein’’ and inserting ‘‘the (e) DISCLOSURE TO EMPLOYEES.— TAX.—Section 59A(e) is amended to read as payment to such labor organization of dues (1) EXPENSES REPORTING.—Section 201(b) of follows: or fees related to collective bargaining, con- the Labor-Management Reporting and Dis- ‘‘(e) APPLICATION OF TAX.—The tax imposed tract administration, or grievance adjust- closure Act of 1959 (29 U.S.C. 431(b)) is by this section shall apply to taxable years ment necessary to performing the duties of amended by adding at the end the following: beginning after December 31, 1986, and before exclusive representation’’. ‘‘Every labor organization shall be required January 1, 1996, and to taxable years begin- (b) REQUIREMENTS FOR USE OF DUES FOR to attribute and report expenses by function ning after the date of the enactment of the CERTAIN PURPOSES.— classification in such detail as necessary to Energy Policy Act of 2002 and before January (1) WRITTEN AGREEMENT.—Section 8 of the 1, 2007.’’. National Labor Relations Act (29 U.S.C. 158) allow the members of such organization or the employees required to pay any dues or (c) TECHNICAL AMENDMENTS.— is amended by adding at the end the fol- (1) Section 4611(b) is amended— lowing: fees to such organization to determine whether such expenses were related to col- (A) by striking ‘‘or exported from’’ in para- ‘‘(h)(1) An employee subject to an agree- graph (1)(A), ment between an employer and a labor orga- lective bargaining, contract administration, or grievance adjustment necessary to per- (B) by striking ‘‘or exportation’’ in para- nization requiring the payment of dues or graph (1)(B), and fees to such organization as authorized in forming the duties of exclusive representa- tion or were related to other purposes.’’. (C) by striking ‘‘AND EXPORTATION’’ in the subsection (a)(3) may not be required to pay heading. to such organization, nor may such organiza- (2) REPORT INFORMATION.—Section 201(c) of the Labor-Management Reporting and Dis- (2) Section 4611(d)(3) is amended— tion accept payment of, any dues or fees not (A) by striking ‘‘or exporting the crude oil, related to collective bargaining, contract ad- closure Act of 1959 (29 U.S.C. 431(c)) is amended— as the case may be’’ in the text and inserting ministration, or grievance adjustment nec- ‘‘the crude oil’’, and essary to performing the duties of exclusive (A) by inserting ‘‘and employees required to pay any dues or fees to such organization’’ (B) by striking ‘‘OR EXPORTS’’ in the head- representation unless the employee has ing. agreed to pay such dues or fees in a signed after ‘‘members’’; (B) by striking ‘‘suit of any member of (d) EFFECTIVE DATES.— written agreement that shall be renewed be- (1) EXCISE TAXES.—The amendments made tween the first day of September and the such organization’’ and inserting ‘‘suit of any member of such organization or em- by subsections (a) and (c) shall take effect on first day of October of each year. the date of the enactment of this Act. ‘‘(2) Such signed written agreement shall ployee required to pay any dues or fees to such organization’’; and (2) INCOME TAX.—The amendment made by include a ratio, certified by an independent subsection (b) shall apply to taxable years auditor, of the dues or fees related to collec- (C) by striking ‘‘such member’’ and insert- ing ‘‘such member or employee’’. beginning after the date of the enactment of tive bargaining, contract administration, or this Act. grievance adjustment necessary to per- (3) REGULATIONS.—The Secretary of Labor shall prescribe such regulations as are nec- forming the duties of exclusive representa- SA 3038. Mr. KYL (for himself, Mr. tion and the dues or fees related to other essary to carry out the amendments made by MILLER, Mr. WARNER, Mr. MURKOWSKI, purposes.’’. this subsection not later than 120 days after and Mr. VOINOVICH) proposed an amend- (2) WRITTEN ASSIGNMENT.—Section 302(c)(4) the date of enactment of this Act. of the Labor Management Relations Act, 1947 (f) EFFECTIVE DATES.— ment to amendment SA 3016 proposed (29 U.S.C. 186) is amended by inserting before (1) IN GENERAL.—Except as provided in sub- by Mr. BINGAMAN to the amendment SA the semicolon the following: ‘‘: Provided fur- paragraph (B), this section and the amend- 2917 proposed by Mr. DASCHLE (for him- ther, That no amount may be deducted for ments made by this section shall take effect self and Mr. BINGAMAN) to the bill (S. dues unrelated to collective bargaining, con- on the date of enactment of this Act. 517) to authorize funding the Depart- tract administration, or grievance adjust- (2) USE OF DUES.—The amendments made by subsections (b) and (c) shall take effect on ment of Energy to enhance its mission ment necessary to performing the duties of areas through technology transfer and exclusive representation unless a written as- the date that is 60 days after the date of en- signment authorizes such a deduction’’. actment of this Act. partnerships for fiscal years 2002 (c) NOTICE TO EMPLOYEES RELATING TO THE through 2006, and for other purposes; as PAYMENT AND USE OF DUES.—Section 8 of the SA 3037. Mr. TORRICELLI (for him- follows: National Labor Relations Act (29 U.S.C. 158), self and Mr. CORZINE) submitted an In lieu of the matter proposed to be in- as amended by subsection (b)(1), is amended amendment intended to be proposed to serted, insert the following: by adding at the end the following: amendment SA 2917 proposed by Mr. (a) REQUIREMENT.—Section 111(d) of the ‘‘(i)(1) An employer shall post a notice that DASCHLE (for himself and Mr. BINGA- Public Utility Regulatory Policies Act of informs the employees of their rights under MAN) to the bill (S. 517) to authorize 1978 (16 U.S.C. 2621(d)) is amended by adding section 7 of this Act and clarifies to such em- funding the Department of Energy to at the end the following: ployees that an agreement requiring the pay- ‘‘(14) GREEN ENERGY.— ment of dues or fees to a labor organization enhance its mission areas through ‘‘(a) Each electric utility shall offer to re- as a condition of employment as authorized technology transfer and partnerships tail consumers electricity produced from re- in subsection (a)(3) may only require that for fiscal years 2002 through 2006, and newable sources, to the extent it is available.

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.073 pfrm02 PsN: S19PT1 S2092 CONGRESSIONAL RECORD — SENATE March 19, 2002 ‘‘(b) Renewable sources of electricity in- The PRESIDING OFFICER. Without ghanistan; the Honorable Richard M. clude solar, wind, geothermal, landfill gas, objection, it is so ordered. Miles, of South Carolina, to be Ambas- biomass, hydroelectric and other renewable COMMITTEE ON COMMERCE, SCIENCE, AND sador to Georgia; the Honorable James energy sources, as may be determined by the TRANSPORTATION W. Pardew, of Arkansas, to be Ambas- appropriate state regulatory authority.’’ (b) PRESERVATION OF STATE AUTHORITY.— Mrs. FEINSTEIN. Mr. President, I sador to the Republic of Bulgaria; Mr. Nothing in this Act affects the authority of ask unanimous consent that the Com- Peter Terpeluk, Jr., of Pennsylvania, a State to establish a program requiring that mittee on Commerce, Science, and to be Ambassador to Luxembourg; and a portion of the electric energy sold by a re- Transportation be authorized to meet Mr. Lawrence E. Butler, of Maine, to be tail electric supplier to electric consumers in on Tuesday, March 19, 2002, at 2:30 p.m., Ambassador to the former Yugoslav that State be generated by energy from any on the nomination of VADM Thomas Republic of Macedonia. particular type of energy. Collins to be commandant of the U.S. Foreign Service Officer Promotion SA 3038. Mr. REID (for Mr. BINGA- Coast Guard and immediately fol- Lists: FSO Promotion List, Jeffrey MAN) proposed an amendment to lowing an Oceans, Atmosphere, and Davidow, Ruth Davis, and George amendment SA 2917 proposed by Mr. Fisheries Subcommittee on oversight Moose, for the personal rank of Career DASCHLE (for himself and Mr. BINGA- of the U.S. Coast Guard budget. Ambassador in recognition of espe- MAN) to the bill (S. 517) to authorize The PRESIDING OFFICER. Without cially distinguished service over a sus- funding the Department of Energy to objection, it is so ordered. tained period, dated December 20, 2001; enhance its mission areas through COMMITTEE ON ENVIRONMENT AND PUBLIC and FSO Promotion List, Gustavio A. technology transfer and partnerships WORKS Mejia, dated December 20, 2001. for fiscal years 2002 through 2006, and Mrs. FEINSTEIN. Mr. President, I The PRESIDING OFFICER. Without for other purposes; as follows: ask unanimous consent that the Com- objection, it is so ordered. On page 555, line 14, after ‘‘secretary’’, in- mittee on Environment and Public COMMITTEE ON HEALTH, EDUCATION, LABOR AND sert ‘‘shall’’. Works be authorized to meet on Tues- PENSIONS f day, March 19, 2002, at 2:30 p.m., to con- Mrs. FEINSTEIN. Mr. President, I duct a hearing, entitled ‘‘Mobility, ask unanimous consent that the Com- NOTICES OF HEARINGS/MEETINGS Congestion and Intermodalism,’’ to ex- mittee on Health, Education, Labor, COMMITTEE ON INDIAN AFFAIRS amine fresh ideas on transportation de- and Pensions, Subcommittee on Chil- Mr. INOUYE. Mr. President, I would mand, access, mobility, and program dren and Families and Committee on like to announce that the Committee flexibility. The hearing will be held in Finance. Subcommittee on Family Pol- on Indian Affairs will meet on Thurs- SD–406. icy be authorized to meet for a hearing day, March 21, 2002, at 9:45 a.m., in The PRESIDING OFFICER. Without on ‘‘Child Care: Supporting Working room 485 of the Russell Senate Office objection, it is so ordered., Families,’’ during the session of the Building to conduct a business meeting COMMITTEE ON FINANCE Senate on Tuesday, March 19, 2002, at to be followed immediately by a hear- Mrs. FEINSTEIN. Mr. President, I 2:30 p.m. ing on S. 958, a bill to provide for the ask unanimous consent that the Com- The PRESIDING OFFICER. Without use and distribution of the funds mittee on Finance be authorized to objection, it is so ordered. awarded to the Western Shoshone iden- meet during the session of the Senate COMMITTEE ON THE JUDICIARY tifiable group under Indian Claims on Tuesday, March 19, 2002, at 2:30 p.m., Mrs. FEINSTEIN. Mr. President, I Commission Docket Numbers 326–A–1, to hear testimony on ‘‘Child Care: Sup- ask unanimous consent that the Com- 326–A–3, and 326–K. porting Working Families.’’ mittee on the Judiciary be authorized Those wishing additional information The PRESIDING OFFICER. Without to meet to conduct a nominations may contact the Indian Affairs Com- objection, it is so ordered. hearing on Tuesday, March 19, 2002, in mittee at 224–2251. COMMITTEE ON FOREIGN RELATIONS Dirksen room 226 at 10 a.m. f Mrs. FEINSTEIN. Mr. President, I Tentative Witness List AUTHORITY FOR COMMITTEES TO ask unanimous consent that the Com- MEET mittee on Foreign Relations be author- Panel I: The Honorable Arlen Spec- COMMITTEE ON ARMED SERVICES ized to meet during the session of the ter; the Honorable John B. Breaux; the Mrs. FEINSTEIN. Mr. President, I Senate on Tuesday, March 19, 2002, at Honorable Robert Bennett; the Honor- ask unanimous consent that the Com- 2:15 p.m., to hold a business meeting. able Craig Thomas; the Honorable Rick mittee on Armed Services be author- Santorum; the Honorable Mary L. Agenda ized to meet during the session of the Landrieu; the Honorable Mike Enzi; Senate on Tuesday, March 19, 2002, at The Committee will consider and and the Honorable W.J. ‘‘Billy’’ Tauzin. 9:30 a.m., in open and closed session to vote on the following agenda items: Panel II: Terrence L. O’Brien to the receive testimony on the worldwide Legislation: H.R. 2739, an act to U.S. Court of Appeals for the 10th Cir- threat to United States interests. amend Public Law 107–10 to authorize a cuit. The PRESIDING OFFICER. Without United States plan to endorse and ob- Panel III: Lance Africk to the U.S. objection, it is so ordered. tain observer status for Taiwan at the District Court for the Eastern District COMMITTEE ON BANKING, HOUSING, AND URBAN annual summit of the World Health As- of Louisiana; Paul Cassell to the U.S. AFFAIRS sembly in May 2002 in Geneva, Switzer- District Court for the District of Utah; Mrs. FEINSTEIN. Mr. President, I land, and for other purposes; and S. and Legrome Davis to the U.S. District ask unanimous consent that the Com- Res. 213, a resolution condemning Court for the Eastern District of Penn- mittee on Banking, Housing, and human rights violations in Chechnya sylvania. Urban Affairs be authorized to meet and urging a political situation to the The PRESIDING OFFICER. Without during the session of the Senate on conflict. objection, it is so ordered. Tuesday, March 19, 2002, at 9:30 a.m., to Additional items to be announced. SUBCOMMITTEE ON INTERNATIONAL SECURITY, conduct an oversight hearing on ‘‘Ac- Nominations: Mrs. Emmy B. Sim- PROLIFERATION, AND FEDERAL SERVICES counting and Investor Protection mons, of the District of Columbia, to Mrs. FEINSTEIN. Mr. President, I Issues Raised by Enron and Other Pub- be an Assistant Administrator (Eco- ask unanimous consent that the Com- lic Companies.’’ nomic Growth, Agriculture, and Trade) mittee on Governmental Affairs’ Sub- The committee will also vote on the of the United States Agency for Inter- committee on International Security, nominations of the Honorable Joanne national Development; Mr. Robert B. Proliferation and Federal Services be Johnson, of Iowa, to be a member of Holland III, of Texas, to be United authorized to meet on Tuesday, March the National Credit Union Administra- States Alternate Executive Director of 19, 2002, at 10 a.m., for a hearing regard- tion Board; and Ms. Deborah Matz, of the International Bank for Reconstruc- ing ‘‘The Federal Workforce: Legisla- New York, to be a member of the Na- tion and Development for a term of 2 tive Proposals for Change.’’ tional Credit Union Administration years; the Honorable Robert P. Finn, of The PRESIDING OFFICER. Without Board. New York, to be Ambassador to Af- objection, it is so ordered.

VerDate 11-MAY-2000 02:01 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.072 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — SENATE S2093 SUBCOMMITTEE ON SEAPOWER laid upon the table with no intervening business today, it adjourn until the Mrs. FEINSTEIN. Mr. President, I action or debate, and that any state- hour of 10 a.m. tomorrow, Wednesday, ask unanimous consent that the Sub- ments relating to the bill be printed in March 20. I further ask consent that on committee on Seapower of the Com- the RECORD. Wednesday, immediately following the mittee on Armed Services be author- The PRESIDING OFFICER. Without prayer and pledge, the Journal of pro- ized to meet during the session of the objection, it is so ordered. ceedings be approved to date, the Senate on Tuesday, March 19, 2002, at The bill (H.R. 2739) was read the third morning hour be deemed expired, the 2:30 p.m., in open session to receive tes- time and passed. time for the two leaders be reserved for timony on maximizing fleet presence f their use later in the day, and the Sen- capability and ship procurement and ORDER FOR MEASURE TO BE ate proceed under the previous order. research and development in review of HELD AT THE DESK The PRESIDING OFFICER. Without the Defense authorization request for objection, it is so ordered. fiscal year 2003. Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without that S. Res. 227 be held at the desk. f objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. f PROGRAM f AMENDING PUBLIC LAW 107–10 Mr. REID. Mr. President, the Senate ORDER FOR COMMITTEES TO FILE Mr. REID. Mr. President, I ask unan- will vote on cloture on the campaign fi- LEGISLATIVE AND EXECUTIVE imous consent that the Senate proceed nance reform bill at 1 p.m. tomorrow. CALENDAR BUSINESS to the immediate consideration of Cal- We will come in at 10 a.m. and vote at endar No. 330, H.R. 2739. Mr. REID. Mr. President, I ask unan- 1 p.m. The PRESIDING OFFICER. The imous consent that notwithstanding clerk will report the bill by title. any adjournment or recess of the Sen- f The legislative clerk read as follows: ate, the Senate committees may file A bill (H.R. 2739) to amend Public Law 107– reported legislative and executive cal- ADJOURNMENT UNTIL 10 A.M. 10 to authorize a United States plan to en- endar business on Wednesday, April 3, TOMORROW dorse and obtain observer status for Taiwan from 11 a.m. to 1 p.m. at the annual summit of the World Health The PRESIDING OFFICER. Without Mr. REID. If there is no further busi- Assembly in May 2002 in Geneva, Switzer- objection, it is so ordered. ness to come before the Senate, I ask land, and for other purposes. f unanimous consent that the Senate There being no objection, the Senate stand in adjournment under the pre- proceeded to consider the bill. ORDERS FOR WEDNESDAY, MARCH vious order. Mr. REID. I ask unanimous consent 20, 2002 There being no objection, the Senate, the bill be read the third time and Mr. REID. I ask unanimous consent at 7:27 p.m., adjourned until Wednes- passed, the motion to reconsider be that when the Senate completes its day, March 20, 2002, at 10 a.m.

VerDate 11-MAY-2000 03:08 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A19MR6.085 pfrm02 PsN: S19PT1 March 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E375 EXTENSIONS OF REMARKS

PORTUGUESE INSTRUCTIVE Dodge, Iowa, and was immediately inducted TRIBUTE TO UKRAINIAN SOCIAL CLUB INCORPORATED into the United States Air Force, completing CONSULATE her training at Lackland Air Force base in HON. ROBERT MENENDEZ Texas. She spent 5 years in the Air Force, in HON. SANDER M. LEVIN OF NEW JERSEY which time she attended the United States Air OF MICHIGAN Force Supply School in Denver, Colorado. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES She is a graduate of the College of New Jer- Tuesday, March 19, 2002 Tuesday, March 19, 2002 sey, having earned a bachelor of science de- Mr. LEVIN. Mr. Speaker, I rise today to cel- Mr. MENENDEZ. Mr. Speaker, I rise today gree with a major in sociology, and a minor in ebrate the opening of the Ukrainian Consulate to celebrate the 80th anniversary of the Por- business administration. in Michigan, which will officially begin oper- tuguese Instructive Social Club Incorporated Mrs. Erving began her career at Fort Mon- mouth on February 2, 1980, and completed ations on March 23, 2002. (PISC). The Club commemorated this impor- The opening of this consulate in Michigan over 27 years of civilian/military service there. tant milestone on Saturday, March 16, 2002. demonstrates the special relationship the Her beginning position was that of a GS–3 In the early 1900’s, Portuguese immigrants United States has with Ukraine, and signifies Supply Clerk in the Directorate of Materiel started making Elizabeth, New Jersey their the importance of the Ukrainian-American Management. new home. The Portuguese Instructive Social community in southeastern Michigan. There Since her debut in 1980, Mrs. Erving has Club was born out of pride for the founder’s are approximately 200,000 Americans of served in several capacities including Supply, heritage, and as a way to preserve Por- Ukrainian descent residing in Michigan, with Quality Assurance, and Logistics positions. In tuguese culture, language, and traditions. The the vast majority living in the Detroit metro February 1981 she was chosen to participate Club provided a support structure to help im- area, and they have contributed greatly to the in the Quality Assurance Career Intern Pro- migrants adjust to American culture, the diversity and the prosperity of the region. English language, and a new way of life. gram, and was promoted to the GS–1910–5 Since first arriving in the United States, The Club became a reality thanks to the dy- position in the Directorate of Materiel Manage- Ukrainian-Americans have done well in all as- namic leadership of Amadeu Correia and a ment. That same year Mrs. Erving qualified pects of American historical, socio-cultural, group of fellow Portuguese immigrants. Offi- and was promoted to the grade of GS–1910– and political life. Their sons and daughters cially founded on March 18, 1922, the Por- 9. In June 1983 she was promoted again to have grown up to be doctors, professors, law- tuguese Instructive Social Club became the the grade of GS–11 in the Directorate of Qual- yers, and other professionals. They have been center of the Portuguese community in Eliza- ity Operations/Communications, Automatic a vital part of the industrial life in Michigan, beth. The Club was first located at 131 Pine Data Processing Section where she worked and served nobly in the armed services of this Street, later moved to 131 Third Street, and until 1985 at which time she was promoted to Nation. Yet, even as they embraced America, today is located at Routes 1–9 and Portugal grade GS–12 Quality Assurance Specialist in Ukrainian-Americans have maintained their Grove Street in Elizabeth, New Jersey. the Directorate of Product Assurance and rich cultural history and ethnic identity, and Over time, the Portuguese-American com- Test. In 1987 she was reassigned to the Com- sought to teach fellow Americans about this munity has grown considerably, and with its munications Directorate MSE (Mobile Sub- culture. growth, the Club began offering more activities scriber Equipment) branch, from which she is Nowhere is this culture more in evidence to its members. By 1925, the Club included a now retiring. In this position she traveled wide- than at the Ukrainian Cultural Center, which drama group, an orchestra, and a soccer ly both in and out of the Continental United serves as the home for the consulate in War- team. Ten years later, on January 20, 1935, a States, journeying to destinations such as ren, MI. The Ukrainian Cultural Center is new group emerged, the ‘‘Ladies Auxiliary of Germany, France, England, Sweden, and home to more than 40 arts, civic, educational, the Portuguese Instructive Social Club.’’ In Canada. social, sports, and youth organizations, includ- 1935, Amadeu Correia founded the Por- Mrs. Erving’s efforts have been outstanding, ing the member organizations of the Ukrainian tuguese School, then known as ‘‘Escola 1 de and she has, consequently, received numer- Congress Committee of America branch for Dezembro,’’ with a class of about 30 students. ous awards and accolades for her accomplish- southeastern Michigan. Today, the school is known as ‘‘Amadeu ments and the Retrofit Program. Some of her The center is an integral part of not only the Correia School,’’ with an average of 275 stu- awards include the Good Conduct Medal, sus- Ukrainian community, but all of metropolitan dents. In 1940, the ‘‘Youth of the PISC’’ intro- tained Superior Performance awards between Detroit and Michigan. With the addition of the duced new activities, such as bowling, basket- the years 1995 and 2002. Certificates of consulate, the center now is able to assist ball, soccer, and youth dances. On February Achievement in 1989 and 1995, Special Act Ukrainian-Americans in Michigan and to facili- 7, 1970, after a major fundraising drive, the Awards, and a letter of appreciation from tate trade, cultural and academic programs, new Portuguese Instructive Social Club in Eliz- Major General Robert I. Nabors, former Com- and exchanges between Ukraine and Michi- abeth, New Jersey was inaugurated. manding General, United States Army, Com- gan. Today, I ask my colleagues to join me in munications-Electronics Command at Fort The consulate became a reality through the honoring the Portuguese Instructive Social Monmouth, New Jersey. In 1991, she was yet tireless efforts of the men and women of the Club Incorporated for providing 80 years of ca- again promoted to the temporary position of Committee in Support of the Consulate of maraderie and the preservation of Portuguese GS–13. Ukraine in Michigan. Borys Potapenko, who culture and traditions in New Jersey. Mrs. Erving’s external activities include served as chairman of the committee, and f being a life member of the National Council of Bohdan Fedorak, who has been designated Negro Women; member of the NAACP; mem- Honorary Consul of Ukraine in Michigan, have TRIBUTE TO MRS. MARGARET ber of the church of the Good Shepard, routinely devoted so much of their time to the ERVING Willingboro, NJ; substitute school teacher, Ukrainian community through the years. Willingboro, NJ public school system; a char- The opening of the consulate demonstrates HON. FRANK PALLONE, JR. ter member of the women in military service; that the partnership between our nations is in- OF NEW JERSEY and vice-president and treasurer of Jonmar creasingly being strengthened. This is another IN THE HOUSE OF REPRESENTATIVES creations, an ethnic greeting card company milestone along that road. It is not the end of founded and operated by her husband, John the journey. Tuesday, March 19, 2002 Erving, Jr. So I ask my colleagues to join me as we ex- Mr. PALLONE. Mr. Speaker, I would like to For continuing efforts to make a difference tend our sincere congratulations to the people call the attention of my colleagues to Mrs. both in her own community and the world, of Michigan and around the Nation on the Margaret Erving, born in Iowa City. Mrs. Mrs. Margaret Erving deserves our praise and opening of the Ukrainian Consulate in Michi- Erving graduated from high school in Fort recognition. gan.

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

VerDate 112000 04:27 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A19MR8.000 pfrm04 PsN: E19PT1 E376 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 2002 CONGRESSMAN KILDEE HONORS The teachers are recognized for their pro- Now entering his twenty-fifth year of service, I MATTHEW CROFT fessional performance and for significantly im- would like to congratulate Reverend Ronald L. proving their students’ understanding of Owens on this momentous occasion. HON. DALE E. KILDEE science and mathematics. f OF MICHIGAN The recipients are science and math teach- IN HONOR OF DR. JOSE R. IN THE HOUSE OF REPRESENTATIVES ers in elementary, middle, and high schools SANCHEZ-PENA Tuesday, March 19, 2002 from all across New Hampshire. I applaud each one of them for their hard work. Mr. KILDEE. Mr. Speaker, I ask the House In science, the recipients are: Deborah HON. ROBERT MENENDEZ of Representatives to join me in congratulating Morill Bates, of Bluff Elementary School, in OF NEW JERSEY a young student from Michigan who has Claremont; Laura Elise Dreyer, of McKelvie IN THE HOUSE OF REPRESENTATIVES achieved national recognition for exemplary Middle School, in Bedford; Diane Barbara Tuesday, March 19, 2002 volunteer service in his community. Matthew Savage, of Nashua Senior High School, in Mr. MENENDEZ. Mr. Speaker, I rise today Croft of Waterford has just been named on of Nashua; and Dennis Paul Vienneau, of to honor Dr. Jose R. Sanchez-Pena for his Michigan’s top two honorees in the 2002 Pru- Moultonborough Academy, in Moultonborough. many contributions to the Hispanic community. dential Spirit of Community Awards program, In mathematics, the recipients are: Cath- He will be honored by the Federation of an annual honor conferred on the most im- erine Stavenger, of Memorial Elementary Cuban Musicians in Exile on Sunday, March pressive student volunteers in each State, the School, in Bedford; Janet Christina Valeri, of 17, 2002, at Mi Bandera restaurant in Union District of Columbia, and Puerto Rico. Mat- Mt. Pleasant Elementary School, in Nashua; City, NJ. thew will be honored today with a ceremony to Terry Reginald Bailey, of Pinkerton Academy, Dr. Jose R. Sanchez-Pena is currently an be held at his school. in Derry; Catherine Brownrigg Burns, of assistant professor of medicine at the Univer- Matthew is being honored for developing McKelvie Middle School, in Bedford; and sity of Puerto Rico and the University of Medi- and implementing a program to buy bicycle Dianne Jaye Klabechek, of Belmont Middle safety helmets for needy first and second- cine & Dentistry of New Jersey. School, in Belmont. He is a member of Barnert Memorial Hos- grade children. As an eighth grader at Marist On behalf of your students, your schools, pital in Paterson, NJ. In Passaic, NJ, he is a Academy, Matthew belongs to a group called and your state, I salute you. STAND or Students Taking a New Direction. member of Beth Israel Hospital, Saint Mary’s f This group was organized to leadership Hospital, and General Hospital Center. He is through doing for others and learning to make TRIBUTE TO REVEREND RONALD the Medical Director at Gregory Medical Asso- healthy choices. After reading an article that L. OWENS ciates, Comprehensive Medical Evaluations, stated only 20 percent of bike riders in Michi- and Gregory Surgical Services. gan wore helmets, Matthew decided to take Dr. Jose R. Sanchez-Pena is an asset to HON. FRANK PALLONE, JR. the Hispanic community, providing excellent action. He approached his fellow students in OF NEW JERSEY STAND and persuaded them to help correct medical care to countless Hispanics at his IN THE HOUSE OF REPRESENTATIVES this problem. Matthew helped organize several medical offices in Manhattan, Queens, Jersey fundraisers, he obtained matching funds from Tuesday, March 19, 2002 City, West New York, Paterson, Passaic, and AAA, and he approached retailers in the area Mr. PALLONE. Mr. Speaker, I would like to Hoboken. Having medical licenses in New to get a discount on the cost of the helmets. call the attention of my colleagues to Rev- York, New Jersey, Indiana, Puerto Rico, and Once the helmets were purchased, Matthew erend Ronald L. Owens residing in the Sixth the Dominican Republic, he is able to extend was one of four presenters explaining to the District of New Jersey. He is celebrating his his services to a diverse group of individuals. elementary students that it is ‘‘cool’’ to wear 25th year in the ministry. Not only does he attend to people’s medical helmets. The students at Whitmer Resource Reverend Owens is currently the Senior needs, but his services also benefit the com- Center in Pontiac responded enthusiastically. Pastor of the New Hope Baptist Church of munity, as he is a medical consultant for the Through Matthew efforts more young children Metuchen, New Jersey. On Friday, April 12, Social Security Administration, the Immigration in Pontiac are practicing bicycle safety and 2002, his church will recognize his illustrious and Naturalization Services, and Workmen’s wearing headgear that may save their lives. career and dedication to Metuchen and sur- Compensation in the State of New York and Matthew should be extremely pleased to be rounding communities. Reverend Owens grad- New Jersey. singled out from such a large group of dedi- uated from Northeastern Bible College in Today I ask my colleagues to join me in cated volunteers. He is an example of the im- Essex Falls. He also has earned a degree honoring Dr. Jose Sanchez-Pena for his many portant role young Americans play in our com- from the Virginia Union University in Rich- contributions to the medical community and munities. I ask the House of Representatives mond, Virginia. Presently, he is a candidate the Hispanic community of New Jersey. to join me in commending Matthew, his fellow for the Doctorate in Ministry from Anderson- f students and faculty at Marist Academy and ville Baptist Seminary in Camille, Georgia. TRIBUTE TO JASON CUNNINGHAM their families for making this a better world. At the New Hope Baptist Church he has the f unique honor of pastoring the church he at- HON. HEATHER WILSON tended in his youth. The church has grown to PRESIDENTIAL AWARDS FOR EX- OF NEW MEXICO more than five hundred active members, with CELLENCE IN MATHEMATICS IN THE HOUSE OF REPRESENTATIVES AND SCIENCE TEACHING more than thirty active ministries serving the community. Reverend Owens has a note- Tuesday, March 19, 2002 worthy career. It includes serving as a mem- Mrs. WILSON of New Mexico. Mr. Speaker, HON. JOHN E. SUNUNU ber of the Board of Supervisors for Field Min- it rained in Washington last Wednesday. By OF NEW HAMPSHIRE istry at Princeton Theological Seminary and Thursday morning the sun was burning IN THE HOUSE OF REPRESENTATIVES the Ad-Hoc Committee for Minority Recruit- through the mist that blanketed Arlington Na- Tuesday, March 19, 2002 ment for Robert Woods Medical School at tional Cemetery. On the north side of a ridge Mr. SUNUNU. Mr. Speaker, I rise to the Rutgers University. Additionally, he has acted near a grove of evergreen trees an Air Force floor today to honor some very important peo- as the president of the Metuchen/Edison Cler- honor guard carried Jason Cunningham’s cas- ple in the lives of New Hampshire’s children— gy Association and former Vice-Chairman of ket to his final resting place. teachers. the Democratic Party of Middlesex County in There were six honorary pall bearers who I am proud to recognize the accomplish- the State of New Jersey. Lastly, he was Presi- followed the casket up the incline to where the ments of nine recipients of the Presidential dent and CEO of the House of Hope Commu- family and a small cluster of others waited. Awards for Excellence in Mathematics and nity Development Corporation of New Jersey. Those six all wore the maroon berets of the Science Teaching. These nine recipients are Outside of his career, he spends time with Air Force elite pararescuemen. There were now candidates for the national award. his adoring wife of thirty-years, Cheryl Owens, dozens of PJs there, mostly from Jason’s Like all teachers, they are hard working and and his two daughters, Tracey and Kimberly. squadron in Georgia. All of them had com- dedicated to their students. They instill curi- He also enjoys spending time with his four pleted their PJ training at Kirtland Air Force osity and drive to explore ideas and concepts grandsons, Adam II, Joshua, Blair, Jr., and Base. that will help their students in the classroom Brandon. Through his ministry he spreads the Over the ridge to the south of where we and throughout their academic pursuits. word of God and provides spiritual leadership. stood two cranes lined the sky where crews

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MR8.003 pfrm04 PsN: E19PT1 March 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E377 work feverishly to rebuild the Pentagon. You quickly rose to Chief of the Northwest Re- backlog at the same time that the circuit ex- could hear the throb for work from the site and gional Office of the Antitrust Division, working panded in size. it was comforting, somehow, to know that out of the Seattle office. He was then called In recognition of his extraordinary service to even as we grieve deeply for those lost we back to Washington, DC to become Assistant the federal judiciary Judge Browning was the are rebuilding and going on. Chief of the General Litigation Section of the recipient of the Edward J. Devitt Distinguished Jason Cunningham was a New Mexican Antitrust Division. Service to Justice Award in 1991, and the and, by all accounts, a good man who was In 1951 Judge Browning moved from the American Judicature Society’s Herbert Harley willing to risk his life in daring missions to res- Antitrust Division to the Civil Division of the Award in 1984. cue others. That’s what PJs do. When Navy Department of Justice, and shortly afterwards Mr. Speaker, I am delighted that this legisla- SEAL Petty Officer Neil Roberts was left be- became Executive Assistant to the Attorney tion will name the San Francisco Federal Ap- hind after his helicopter was attacked in a General of the United States. While in this po- peals Court building after Judge James R. mountain valley in Afghanistan, Jason and his sition, he organized and was then appointed Browning in recognition of 40 years of distin- team went in to try to rescue him. They got Chief of the Executive Office of United States guished service on the federal bench. The into a vicious fire fight. Jason, the Navy SEAL, Attorneys. In 1953 Judge Browning left the building, currently unnamed, is simply known and five others were killed. Eleven Americans Department of Justice for private practice as a as the Old Post Office Building. It is very fitting were wounded. partner at Perlman, Lyons & Browning, but that this building in which we uphold justice as Even when you know a cause is just, when continued to lecture on Antitrust Law at both enshrined in our constitution, be named after those who fight do so willingly, when you the New York University Law School and the a distinguished jurist who has dedicated his know it’s a fight we have to win, the grief is Georgetown University Law Center. life to upholding our system of justice. just as deep. The rifle shots of the honor Mr. Speaker, after five years in private prac- f guard, the echoes of taps, the rescue chop- tice Judge Browning left private practice to be- CONGRATULATING THE GIRL pers flying by in a last salute, the wide-eyed come Clerk of the U.S. Supreme Court. In this SCOUTS OF THE USA ON ITS children of a soldier who won’t be coming position he held the Bible at the time John F. 90TH ANNIVERSARY home, weighed heavily on everyone at Arling- Kennedy took the oath of office from Chief ton on Thursday. Justice Warren when he was sworn in as HON. THOMAS E. PETRI There were thousands of New Mexicans President in 1961. He was the last Clerk of OF WISCONSIN who would have been at Arlington if they the U.S. Supreme Court to perform this task. IN THE HOUSE OF REPRESENTATIVES could have. I went to represent them and to Since 1961, the Bible in all cases has been let the Cunninghams know that the thoughts held by the spouse of the President-elect. Tuesday, March 19, 2002 and prayers of thousands of New Mexicans It was President Kennedy who appointed Mr. PETRI. Mr. Speaker, I rise today to, are with them. We are sorry that Jason isn’t Judge Browning to the Ninth Circuit Court of somewhat belatedly, congratulate the Girl coming home and grateful for his service and Appeals in 1961, where he has remained in Scouts of the USA on reaching its 90th anni- his sacrifice defending us and our way of life. service, for over forty years, the longest serv- versary as an organization. Operation Anaconda has been the costliest ing Justice in the history of the Ninth Circuit. The organization had its origins in 1912 with battle so far in Afghanistan. There will be Today he is the sole remaining Kennedy ap- an 18-girl group in Savannah, Georgia. From more battles in this war against terrorism. pointee serving on any court in the United those rather humble origins it has grown to its Let’s keep the troops in our thoughts and States. current strength of 3.8 million members, in prayers. Mr. Speaker, after serving on the court for cluding 900,000 adult members. The Girl f 15 years, Judge Browning was elevated to Scouts also boast 50 million alumnae. This is Chief Judge of the Ninth Circuit, which posi- the largest organization for girls in the world. JAMES R. BROWNING U.S. COURT tion he held from 1976 to 1988. During his Since the organization’s inception, the Girl OF APPEALS BUILDING time as Chief Judge, Judge Browning was an Scout experience has helped girls acquire influential member of the Judicial Conference self-confidence and expertise, learn to think HON. TOM LANTOS of the United States and an active participant creatively and develop habits of honor and in- OF CALIFORNIA in resolving major problems facing the federal tegrity that are essential in good citizens and IN THE HOUSE OF REPRESENTATIVES judiciary. He has an impressive record of great leaders. Many of our educators, doctors, achievement in the Ninth Circuit. Despite calls lawyers, elected officials and other community Tuesday, March 19, 2002 to reduce the size of the Court, Judge Brown- leaders were once Girl Scouts. Mr. LANTOS. Mr. Speaker, I rise today in ing implemented reforms to increase the effi- The benefits of Girl Scouting are delivered strong support of H.R. 2804, legislation to ciency of the Court by increasing the number by a dedicated group of people—adult volun- name the U.S. Court of Appeals Building at of judges in the Circuit, reducing the enor- teers. Ninety-nine percent of all the adults in- 7th and Mission Streets in San Francisco, the mous backlog of pending case work, and halv- volved in Girl Scouting are volunteers who ‘‘James R. Browning U.S. Court of Appeals ing the time needed to decide appeals. give their time to advance the noble goals and Building’’. I first want to commend my good With a jurisdiction that includes all the fed- purposes of Scouting, teaching their charges friend and distinguished colleague, Congress- eral courts in California, Oregon, Washington, about community service, science, money woman NANCY PELOSI, who is the sponsor of Arizona, Montana, Idaho, Nevada, Alaska, Ha- management, health, fitness, and other useful this legislation. waii, Guam and the Northern Mariana Islands, skills and talents. In a time when we are trying It is most appropriate that we name the 100- Judge Browning utilized computers and infor- to encourage more community involvement, year-old San Francisco Federal Appeals Court mation technology to increase the speed and we need to take the time to recognize an or- building after Judge James R. Browning in efficiency of the courts. This included creating ganization that has been leading the way for recognition of his 40 years of distinguished a computerized case screening and proc- decades. service on the federal bench and his service essing system which allowed geographically Again, I am pleased to congratulate this for twelve years—from 1976 to 1988—as disparate judges to maintain docket contract group, which has been such an integral part of Chief Judge of the Ninth Circuit Court of Ap- and avoid intra-circuit conflicts. Judge Brown- the American social fabric, as it reaches an peals. ing also created three geographic administra- important milestone. Mr. Speaker, Judge Browning received his tive subdivisions headed by senior active f legal education at the University of Montana judges within each region to decentralize deci- TRIBUTE TO ALACHUA ELEMEN- Law School, where he achieved the highest sion-making and increase productivity. TARY SCHOOL’S 2002 QUIZ BOWL scholastic record in his class and served as Mr. Speaker, Judge Browning emphasized TEAM editor-in-chief of the Law Review. After grad- the importance of collegiality and civility uation in 1941 Judge Browning joined the among judges on the Ninth Circuit, and en- Antitrust Division of the Department of Justice. couraged the use of email, telephone con- HON. KAREN L. THURMAN OF FLORIDA Two years later, he answered his country’s ferences, symposia, conferences and other IN THE HOUSE OF REPRESENTATIVES call and was inducted as a Private in the meetings to increase interpersonal contacts Army. He served in the Pacific Theater for and mutual understanding among Ninth Circuit Tuesday, March 19, 2002 three years, earning a Bronze Star. Upon his and District Court judges. With these steps, he Mrs. THURMAN. Mr. Speaker, I am here return to the United States, Judge Browning succeeded in cutting in half the time needed today to pay tribute to six remarkable elemen- rejoined the Department of Justice, where he to decide appeals and eliminating the case tary school students, Kyle Carlisle, Kaytlynn

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MR8.007 pfrm04 PsN: E19PT1 E378 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 2002 Cunningham, Varsha Ramnarine, Jonathan Kaytlyunn Cunningham, the daughter of COMMENDING THE ACHIEVEMENTS Stewart, Alexandria Whann, and Courtney John and Nancy Short, became the expert in OF FERNANDO ZAZUETA Wilkerson, their teacher, Shirley Tanner, and Language Arts. Her interests include singing, their school for triumphing in the Florida com- gymnastics, creative writing, bike riding, and HON. ZOE LOFGREN petition of the 2002 National Thinking Cap swimming. Kaytlynn’s favorite subject is Lan- OF CALIFORNIA Quiz Bowl. guage Arts, and she wants to be a teacher. Located in Alachua, a tiny city of approxi- Her comment was, ‘‘I spent a lot of time learn- HON. MICHAEL M. HONDA mately 6000 people, Alachua Elementary ing a vast quantity of information, but I know OF CALIFORNIA School serves less than 500 students in I will be able to use it later in life.’’ Mrs. Tan- IN THE HOUSE OF REPRESENTATIVES grades three through five. Principal Jim Bran- ner commented, ‘‘Kaytlynn is a talented young Tuesday, March 19, 2002 denburg described the 107-year-old school as lady. Soon after the 9/11 tragedy, Kaytlynn Ms. LOFGREN. Mr. Speaker, we rise to rec- a ‘‘community school’’ and credited community sang, ‘Amazing Grace’ at the school’s Open ognize the remarkable achievements of Fer- involvement for the school’s quality, explaining House Program. The song was so beautifully nando Zazueta, the Founding Chairman of the that, ‘‘Alachua is a stable community. Many and emotionally sung that few dry eyes were Mexican Heritage Corporation of San Jose. parents and grandparents of our students also in the audience. She regularly appears as a Mr. Zazueta is a leader in the community and attended Alachua Elementary. We don’t have news anchorperson on the school’s closed-cir- has been an invaluable friend to us both. a lot of money, but parental involvement and cuit broadcasting station, WALA.’’ Fernado Zazueta was born in Culiaca´n, community support help make up for that.’’ Varsha Ramnarine, the daughter of Vishnu Sinaloa, Mexico and was raised as a migrant Mr. Brandenburg further states, ‘‘There are and Kay Ramnarine, plays softball, reads and farm worker in California. He attended sixteen no shortcuts to quality education. We have re- plays basketball. She was the team’s math ex- separate schools before graduating from San sisted the instructional fads that promise in- pert. Her favorite subject is, of course, Mathe- Jose High School in 1957, and then from San stant success and focused on essential skills matics. Her career desire is to be a pediatri- Jose State University in 1962. During law and good teaching. You can’t ‘microwave’ sus- cian. She said ‘‘The test was not as hard as school, Mr. Zazueta was president of the tained high achievement in school or any- I expected. Maybe it was because we were Ralph Bunche Society of International Law where else. It really comes down to high ex- prepared.’’ Mrs. Tanner responded, ‘‘We and treasurer of the Law Students Associa- pectations and hard work.’’ would not have scored nearly so well without tion. As a result of his involvement in the stu- Alachua Elementary is often referred to as Varsha’s expertise in math concepts and com- dent Court Interpreter Program, Mr. Zazueta ‘‘the little school that can . . . and does.’’ It putation. I was amazed at her quick answer to published a Law Review article entitled ‘‘Attor- has been honored as a Blue Ribbon school the math questions without the need to com- ney’s Guide to the Use of Court Interpreters and has received numerous awards for stu- pute with pencil and paper.’’ with an English and Spanish Glossary of dent achievement from the School Board of Jonathan Stewart, the son of Tim and Chris Criminal Law Terms’’ and served as a special Alachua County. Furthermore, this is the third Stewart, spends weekends riding his dirt bike, consultant to Arthur Young and Company in consecutive year that Alachua’s Quiz Bowl camping, and playing football. His speciality the development and presentation of a state- team has won first place in the state. For was Sports and Leisure. His favorite subject is wide study. Fernando Zazueta was a key con- Alachua, a poor rural school, the win was par- also Mathematics, and Jonathan’s career tributor to a published report for the California ticularly rewarding since they competed choice is to be a veterinarian. Jonathan com- Judicial Council regarding an assessment of against schools from metropolitan areas of mented, ‘‘The research was hard and took a the language needs of the California popu- Florida and also private schools across the lot of time, but it helped prepare us for the lation as they related to the California justice state. test. The hardest lesson to learn, though, was system. Mrs. Tanner, Teacher of the Gifted and teamwork.’’ Mrs. Tanner remarked, ‘‘Jonathan Fernando Zazueta has been an active mem- Technology Resource Teacher, began the is a quick learner. The team depended on him ber of local, county, state and national bar as- school’s involvement in this challenging scho- to answer correctly all the sports questions. sociations and served as both treasurer and lastic competition several years ago. The test Jonathan, a pleasure in the classroom, always president of La Raza National Lawyers’ Asso- consists of 100 computer-generated multiple- wears a mischievous and intriguing smile.’’ ciation of California. Mr. Zazueta served on choice questions covering all school subjects, Alexandria Whann, the daughter of Lloyd the State Bar Commission on Judicial Nomi- current events, and trivia. Each fifth-grade stu- and Elise Whann, enjoys swimming, piano, nees Evaluation for two terms, during which dent on the team studied incredibly long hours and traveling. Her knowledge of Social Studies the commission evaluated hundreds of nomi- and practiced weekly for over two months to meant that the team answered the geography nees for gubernatorial appointment. prepare for the competition. questions correctly. Not surprisingly, her favor- As chairman of the 1979 Community Advi- Mrs. Tanner said, ‘‘I am far more impressed ite subjects are Social Studies and Spelling. sory Council of San Jose Unified School Dis- with their determination and perserverance Her comment about the team was, ‘‘Mrs. Tan- trict, Fernando Zazueta examined proposals to than by the fact that they won the state com- ner is the best advisor a team could have. alleviate the ethnic and racial isolation of stu- petition. They had no idea what questions She insisted that we do our best.’’ Mrs. Tan- dents. Additionally, he has held numerous di- would be on the test. No notes of any kind ner said, ‘‘Alex has a marvelous sense of rectorships for nonprofit organizations such as may be used during the test; only pencils and humor and a playful attitude. She really got the International Hospitality Center in San paper are permitted. Research, teamwork, and excited answering questions at the weekly Francisco, the San Jose Museum of Art, and test-taking strategies were the keys to suc- practices, but during the competition, she was the San Jose Convention and Visitor’s Bureau. cess. Since the total score was based on both calm, confident, and accurate.’’ He served on the Board of the San Jose Uni- speed and accuracy, the team had to be quick Courtney Wilkerson, the daughter of Ken- fied Educational Foundation, which raises over calm and knowledgeable about many sub- neth and Candis Wilkerson, enjoys reading, $100,000 for school sports through its annual jects.’’ swimming, traveling, and creative writing. Her Celebrity Waiters Luncheon. Now let me tell you a little more about these area of expertise was Science, Current Fernando Zazueta has been the founder wonderful kids: Events, and Miscellaneous. Her favorite sub- and Board Chairman of the Mexican Heritage Kyle Carlisle, the son of Roy and Ellen Car- ject is Mathematics, and she wants to be a Corporation sine 1988, and headed an effort lisle, became an expert on Government. His lawyer. Courtney’s response was, ‘‘Studying by the corporation to complete the Mexican leisure time is spent reading and playing com- for the competition was a lot of hard work, but Heritage Plaza, a $34 million cultural center in puter games of strategy. Kyle’s favorite sub- in the end, it was worth it.’’ Mrs. Tanner said East San Jose. Mr. Zazueta has also been in- ject is Math. His goal in life is to have a career ‘‘Courtney’s contribution cannot be over-em- strumental in establishing an annual civic rec- in Computer Science. Kyle said, ‘‘Being on the phasized. It seemed that every week in prac- ognition of the founding of the Pueblo de San quiz bowl team was a lot of work, but it was tice, I’d think of something else under the cat- Jose de Guadalupe as the first civil settlement fun.’’ Mrs. Tanner said of him, ‘‘The same day egory of ‘Miscellaneous’ that she needed to in California. that Kyle qualified for the team, he began re- learn. She never complained about the addi- Fernando Zazueta’s other civic and volun- searching various topics and shared this infor- tional work.’’ teer contributions are too numerous for us to mation with teammates. Kyle was responsible These six students are to be congratulated list here. He has been an integral part of our for answering questions on Government and for their determination, perseverance, and community for as long as we can remember, in charge of entering the team’s answers via scholastic aptitude. These qualities were re- for which we are truly grateful. As a friend and the mouse. He did a flawless job in an ex- warded with a First Place finish in the state of as a neighbor, his dedication and enthusiasm tremely stressful position.’’ Florida. is treasured.

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A19MR8.011 pfrm04 PsN: E19PT1 March 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E379 IN HONOR OF GREEK and especially those who sustain its award- On September 11, 2001, Canadians shared INDEPENDENCE DAY winning student paper, The Daily Cardinal. the pain brought on by the events of that f morning. Many Canadians wondered what HON. GEORGE W. GEKAS they could do. Our good friend, Canadian THE MEDICAL COST DEDUCTION Senator Jerry Grafstein, Co-Chair of our U.S.- OF PENNSYLVANIA ACT OF 2002 IN THE HOUSE OF REPRESENTATIVES Canada Interparliamentary Group, was one of the first to contact me to express his condo- Tuesday, March 19, 2002 HON. PHILIP M. CRANE lences and to commiserate. He, like everyone, Mr. GEKAS. Mr. Speaker, as we read daily OF ILLINOIS wanted to know what he could do to help. about the difficult fight for freedom that our IN THE HOUSE OF REPRESENTATIVES Then, following Mayor Giuliani’s speech at the United Nations where he invited the world armed forces are undertaking around the Tuesday, March 19, 2002 world, let us consider the similarly difficult mis- to come to New York to help get things back sion that the people of Greece fought 181 Mr. CRANE. Mr. Speaker, I am pleased to to normal, Jerry and many of his friends de- years ago. join with my friend and colleague Mr. Johnson cided that the best thing they could do would On March 25, 1821, Greek citizens, who of Texas to introduce the Medical Cost Deduc- be to organize a weekend for Canadians to were at that time living under the oppressive tion Act of 2002. This legislation makes health visit New York en masse, contribute to the tyranny of the Ottoman Empire, united to- care more affordable by allowing individuals to economy of New York, and physically show gether to rise up and courageously fight an deduct most of their medical expenditures that their support. overwhelming enemy. Though they were many exceed 2 percent of their Adjusted Gross In- Almost immediately, Jerry, his wife Carole, times outnumbered on the battlefield, they en- come (AGI). and a handful of outstanding volunteers from dured and ultimately defeated the Ottomans The rising costs of health care are a major the Toronto area went to work. because of the values for which they fought, concern for many Americans. Whether it is in- Publishers of the leading newspapers in To- namely independence and freedom. More creased costs in health insurance premiums or ronto ran full-page ads. TV and radio quickly powerful than the weapons of the Ottomans, the high cost of prescription drugs that seniors followed suit. Canadian stars in sports and en- these values provided the inspiration to fight pay out of their own pocket, if it is tertainment rallied to create several ads in with conviction and purpose. unaffordable, many of these individuals will go support of the venture, each taping 30–60 Today, the United States of America and without necessary health care treatment. The second spots at no cost. Even movie theater Greece unite together in a stand against the Medical Cost Deduction Act will help lower the owners offered to run the ads when the Harry forces of terrorism. Though this time the num- tax burden and help families defray the rising Potter movie opened in cinemas across Can- bers of those fighting are to our advantage, costs of health care. ada. our enemy is extremely deceptive, unpredict- Since 1942, taxpayers that itemize have Other businesses made in-kind and mone- able, and willing to attack innocent people. been able to deduct health care costs that are tary donations to the effort including Air Can- The noble War of Independence that the in excess of a statutory percentage of their ada, who made discount air fares to New York Greeks fought reminds us today that freedom AGI. The current threshold where deductions available from across Canada. and independence do not come without cost. begin is after 7.5 percent of AGI. Because of New Yorkers also made generous donations We call upon these righteous values held by this relatively high floor, few taxpayers that to the effort. The Roseland Ballroom was Greeks and Americans alike to endure these itemize can reduce their taxable income made available at a very nominal rate and difficult times. Just as Greece defeated its through the existing deduction because their venue insurance was donated. Owners of the enemy and gained sovereignty, we will defeat unreimbursed medical expenses are unlikely large screens in Times Square offered to run our enemy and preserve our freedom. to exceed 7.5 percent of their AGI. For in- the ads for free to attract the thousands of Ca- I stand today to reaffirm our solidarity with stance, under current law, a taxpayer with an nadians living in New York to the event. Mayor Greece and to celebrate their Independence income of $30,000 would need to have out-of- Giuliani issued a proclamation declaring De- Day from which we can draw much inspiration pocket health care costs of $2,250 before they cember 1, 2001, ‘‘Canada Loves New York during our own time of war. could begin taking deductions. Under my pro- Day’’ in New York City. President Bush also sent a message commending the volunteers f posal that reduces the AGI requirement to 2 percent, that same taxpayer can start taking for their efforts. ON THE 110TH ANNIVERSARY OF medical care deductions after $600 in ex- It was thought that three to four thousand THE DAILY CARDINAL penses. Canadians would attend the rally on Decem- Back in 1954 when the threshold for deduct- ber 1st. It is estimated that over 26,000 people HON. TAMMY BALDWIN ibility of health expenses was lowered from 5 actually did attend. Many of them didn’t even get near the Roseland Ballroom, but no one OF WISCONSIN percent to 3 percent, the House Ways and complained. It was a tremendous event—one IN THE HOUSE OF REPRESENTATIVES Means Committee included in it’s report that there is a ‘‘general agreement that limiting the that I will not soon forget. Tuesday, March 19, 2002 deduction only to expenses in excess of 5 per- So, Mr. Speaker, I just wanted to thank Ms. BALDWIN. Mr. Speaker, I rise today to cent of AGI does not allow the deduction of all Senator Grafstein and all of the volunteers extend my congratulations to the oldest stu- extraordinary medical expenses.’’ By lowering who worked tirelessly to make that effort a tre- dent newspaper on the University of Wis- the deduction for medical expenses to 2 per- mendous success. It is another in a long list consin-Madison campus, The Daily Cardinal, cent of AGI seniors may be able to better af- of reasons as to why the United States and on its 110th anniversary on April 4. The Daily ford necessary medications and individuals Canada are the closest of allies. Cardinal is a steady and celebrated compo- may be better able to afford increased health f nent of campus life—as vital a presence as care premiums. Mr. Speaker, I ask for my col- TRIBUTE TO MONMOUTH COUNTY the Union Terrace, Camp Randall, or Bascom leagues for their consideration and support of FOODBANK Hall. the Medical Costs Deduction Act. For more than a century, The Daily Cardinal f has informed students, faculty, and staff on HON. FRANK PALLONE, JR. OF NEW JERSEY the UW-Madison campus. Through the years, CANADA LOVES NEW YORK IN THE HOUSE OF REPRESENTATIVES the paper’s staff has met serious challenges with courage and determination while main- HON. AMO HOUGHTON Tuesday, March 19, 2002 taining standards of journalistic excellence. OF NEW YORK Mr. PALLONE. Mr. Speaker, I would like to The success of The Daily Cardinal must be IN THE HOUSE OF REPRESENTATIVES call the attention of my colleagues to the attributed to its hardworking staff members, FoodBank of Monmouth and Ocean Counties Tuesday, March 19, 2002 past and present, who juggle their roles as in the 6th District of New Jersey. students and journalists or businesspeople, Mr. HOUGHTON. Mr. Speaker, as we On Friday, February 22, the FoodBank for- often with little or no recognition. The enduring passed the six month mark since September mally celebrated the opening of its new 42,000 success of The Daily Cardinal is most cer- 11th, I was reminded of one of the more exu- square feet warehouse facility at 3300 Route tainly due to their dedication and hard work. berant showings of support from one of our 66, Neptune Township. Member charities and It’s truly an honor for me to represent the nation’s strongest allies. Our good neighbor to invited guests toured the new facility. A dedi- students, faculty, and staff of the UW-Madison the north, Canada. cation ceremony honored Arthur M. Goldberg,

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MR8.014 pfrm04 PsN: E19PT1 E380 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 2002 for whom the facility is named, for his gen- lennium with confidence and serenity. It ex- ing struggle to achieve equality of opportunity erosity as a major contributor to the building pects to reinforce and deepen the reforms it and unity among all people. campaign. has initiated in order to face the challenges of Born in Alamo, Georgia on January 28, Other guests included major contributors, the new stage and integrate its productive sys- 1927, he married Catherine Coats in 1949. member charities, volunteers and political dig- tem into the world economy. Tunisia continues Eight children were born out of this blessed nitaries who have played important roles in to be a model for developing countries. It has union, with one son preceding him in death. enabling the FoodBank to build the facility. sustained remarkable economic growth and He received his Theology degree from South The FoodBank currently distributes over 2.5 undertaken reforms toward political pluralism. Bible Seminary, and was subsequently or- million pounds of emergency food annually to Mr. Speaker, Tunisia continues to preserve dained a minister on April 23, 1966. He was more than 200 church and synagogue food the safety and security of its people and to then assigned the pastorship of the Glendale pantries, soup kitchens, shelter for the home- protect its borders while moving ahead with Baptist Church in South Miami’s Richmond less, shelter for abused women and children, deliberate and steadfast conviction to further Heights community. In the early days of his day care programs for low-income children strengthen the democratic values that our two ministry his congregation numbered only 150 and homes for the elderly and disabled countries share as foundations for free and members. He would pick up in his old station throughout Monmouth and Ocean counties. open societies. I wish to congratulate the citi- wagon other members who had no way to get The new facility will enable the FoodBank to zens of Tunisia and its elected officials as they to church. provide more food for those in need. With the commemorate their 46th Anniversary and wish Historic milestones defined Rev. Coats’ life additional space, new programs will also be them the best for many more years of contin- of service. In 1969 he led his church in be- started that impact on the root causes of hun- ued peace and prosperity. coming the first African-American church to ger. These include a job skills program in cul- f join the white Southern Baptist Convention. inary arts and community gardens that will Predictably, his fellow Black ministers casti- help people to grow some of their own food. COMMEMORATING THE 90TH ANNI- gated him to no end for this move. They even For continuing to make a difference in the VERSARY OF THE GIRL SCOUTS ostracized him. When queried about this community fighting hunger, the FoodBank of OF THE USA stance, he was wont to firmly state that ‘‘... Monmouth and Ocean Counties warrants we simply taught Christ here—not black and praise. Their new warehouse facility is a great HON. DUNCAN HUNTER white. I preached impartiality and unity, and step forward in their cause. OF CALIFORNIA our members saw people as people . . .’’ f IN THE HOUSE OF REPRESENTATIVES With great Faith in pursuing God’s mission for him, he courageously persevered during HONORING THE 46TH ANNIVER- Tuesday, March 19, 2002 that very trying period until such time when SARY OF THE INDEPENDENCE OF Mr. HUNTER. Mr. Speaker, last week many more African American churches joined THE REPUBLIC OF TUNISIA marked the 90th anniversary of the Girl Scouts the Convention. Rev. Coats served as Pastor of the USA. Founded on March 12, 1912, with of Glendale for 30 years before he retired. HON. KEN BENTSEN the belief that all girls should be given the op- Upon his retirement the congregation grew to OF TEXAS portunity to develop physically, mentally, and some 3,000, although thousands more con- IN THE HOUSE OF REPRESENTATIVES spiritually, Juliette Gordon Low assembled 18 tinue to flock to his revered church eager to girls from Savannah, Georgia, for the first Girl hear him preach God’s good news of salvation Tuesday, March 19, 2002 Scout meeting. From its initial 18 members, and redemption. Mr. BENTSEN. Mr. Speaker, I rise to ac- the Girl Scouts flourished to today’s member- My state of Florida and most specifically, knowledge the Republic of Tunisia’s 46th anni- ship of over 3.8 million. Miami-Dade County on the southern end, will versary on March 20, 2001. It was 46 years The mission of the Girl Scouts is to provide surely miss his wisdom and expertise. The ago that the Republic of Tunisia was formally a venue where young girls can learn and de- longevity of his commitment to the well-being established as an independent country. Over velop the necessary skills to help them reach of the less fortunate among us, particularly the the years, Tunisia has forged a strong and their full potential. They have also imple- voiceless and the underrepresented, has in- solid relationship with the United States that mented successful programs, opening up deed become legendary. When I think of his extends beyond bilateral ties to issues of more opportunities for girls in areas such as early work in his church’s involvement with the world peace and economic partnership. sports, technology, and science. civil rights movement, it parallels much of Flor- The close and solid relationship between Girl Scouts are given the self-confidence ida’s and the nation’s history as we struggled Tunisia and the United States at the bilateral that is important to developing active citizens through the harrowing challenges of racial level has steadily grown from U.S. assistance and superior leaders. President Bush recently equality and simple justice. to the young Tunisian nation in the early years requested that every American perform 4,000 I came to know this quintessential man of to a constructive and fruitful partnership be- hours of community service over their lifetime God in his understanding of and commitment tween two countries for the sake of develop- and the Girl Scouts are in step with the Presi- to the underdogs of our community. Blessed ment and prosperity. This relationship entered dent’s challenge. The San Diego chapter with a lucid common sense and a quick grasp a new important phase when Tunisia joined boasts a volunteer rate of 90 percent among of the issues at hand, Rev. Coats was also the coalition to fight the scourge of terrorism in its girls in such projects as helping out in hos- blessed with the rare wisdom of recognizing the wake of the September 11th attacks. pitals and planning nature trails. both the strengths and limitations of those who The population of Tunisia numbers approxi- I ask that my colleagues join me in con- have been empowered to govern. The acu- mately 9.6 million inhabitants, with more than gratulating the Girl Scouts for providing 90 men of his intelligence and the timeliness of 62 percent in urban areas. The official lan- years of positive guidance to our nation’s his vision were felt at a time when our com- guage of Tunisia is Arabic, while French and young women and future leaders. munity and the state of Florida needed some- Italian are also spoken. Increasingly, English f one to put in perspectives the simmering is also spoken among a growing number of agony of disenfranchised African-Americans Tunisians. The overwhelming majority of the POSTHUMOUS TRIBUTE TO THE and other minorities yearning to belong and population is Muslim, and the official religion is LATE REV. JOSEPH COATS pursue the American Dream. Sunni Islam. Christian and Jewish commu- I vividly recall the times when government nities practice their faith freely and contribute HON. CARRIE P. MEEK and community leaders met to douse the still- to Tunisia’s rich cultural diversity. The family OF FLORIDA burning embers of Liberty City and Overtown remains the basic unit of Tunisian society. En- IN THE HOUSE OF REPRESENTATIVES during the racial disturbances in the early joying total equality of rights with men, women 1980s. His was the firm voice of reason and have gained a good measure of autonomy Tuesday, March 19, 2002 the steadying influence of conscience. Wisely, and are able to pursue their own careers on Mrs. MEEK of Florida. Mr. Speaker, I rise to he articulated his credo that we have got to an equal footing with men. Tunis, the capital, pay tribute to one of our community’s most learn to live and reach out to each other, or with a population of about one million, is one genuine and unsung leaders, the late Rev. Jo- run the risk of shamefully reaping the grapes of the principal cosmopolitan urban centers of seph Coats. Indeed, he was also one of the of wrath from those who have been left out. the Mediterranean. noblest of God’s faithful servants. His untimely Rev. Coats truly exemplified a calm but rea- Strengthened by economic achievements in demise last Sunday, March 3, 2002 leaves a soned leadership whose courage and advo- recent years, Tunisia is starting the new mil- deep void in our leadership toward our ongo- cacy appealed to our noblest character as a

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MR8.018 pfrm04 PsN: E19PT1 March 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E381 nation. While he will be missed by the men United States. While I look forward to the day Milosevic’s trial to initiate a debate within and women of good will in my community and when Belgrade is a constructive and coopera- Serbia on the issue of war crimes, have in- beyond, I will join my constituents in cele- tive player in the Balkans, the President must stead made statements denouncing the Tri- bunal as the ‘‘last hole on the flute,’’ thus se- brating the wonderful gift of his life at the fu- apply the standards Congress has laid down riously undermining its legitimacy and neral services this Monday, March 11, 2002 at in law and deny certification. credibility in the eyes of the Serbian public. Glendale Baptist Church. We will honor and In support of this position I include a letter These and additional facts are mentioned thank God for sending Rev. Coats to grace from Richard Lukaj, Chairman of the Board of in the recently published human rights re- our paths and take up our struggles at a time the National Albanian American Council, in the port by the U.S. Department of State. The when we most needed him. CONGRESSIONAL RECORD. report forthrightly notes that ‘‘[w]ith the ex- My pride in sharing his friendship is only ex- March 17, 2002. ception of the transfer of Slobodan Milosevic ceeded by my eternal gratitude for all that he DEAR SENATOR/REPRESENTATIVE: On March and a few other war criminals, the Govern- has sacrificed on our behalf. This is the mag- 31, 2002, the United States Congress will con- ment’s cooperation with the Yugoslav War nificent legacy by which we will honor his sider Serbia’s eligibility for continued U.S. Crimes Tribunal (ICTY) decreased signifi- cantly during the year. [. . .] [A]t year’s end, memory. donor assistance. The National Albanian American Council would like to share with several indictees remained at liberty, and, in f you some of its concerns, as well as point out at least one case, still in an official position in Serbia.’’ The report further states that IN HONOR OF JUSTICE HUGH J. Serbia’s failure to fulfill any of the condi- tions posed by Congress last year. the FRY government ‘‘has been uncoopera- O’FLAHERTY According to Congress’s decision, financial tive in requests for documents regarding assistance to Serbia will continue after crimes committed by Serbs against other HON. DENNIS J. KUCINICH March 31, 2002 only if the President has made ethnic groups, and in arranging interviews the determination and certification that with official and nongovernmental wit- OF OHIO Serbia is: nesses.’’ IN THE HOUSE OF REPRESENTATIVES Cooperating with the International Crimi- Clearly, the post-Milosevic governments of Tuesday, March 19, 2002 nal Tribunal for the former Yugoslavia in- Serbia and Yugoslavia are failing utterly in cluding access for investigators, the provi- keeping their international commitments Mr. KUCINICH. Mr. Speaker, I rise today to sion of documents, and the surrender and for cooperating with the ICTY. The Sec- recognize former member of the Supreme transfer of indictees or assistance in their retary of State should use the upcoming Court of Ireland, Justice Hugh J. O’Flaherty as apprehension; March 31 cut-off date for U.S. assistance to an honored guest to our country and to wel- Taking steps to implement policies which the FRY government to press for full co- come him to celebrate St. Patrick’s day with reflect a respect for minority rights and the operation by the FRY government with the the Cleveland law firm, Collins & Scanlon. rule of law, including the release of political ICTY. The administration, too, should signal prisoners from Serbian jails and prisons, and Justice O’Flaherty displayed integrity, char- to Belgrade and beyond that it values inter- Taking steps that are consistent with the national justice, and overcome perceptions acter, and intelligence throughout his nine Dayton Accords to end Serbian financial, po- that it does not fully support the tribunal’s year tenure on the Court. We are fortunate to litical, security and other support which has work. have him visit our country and share his served to maintain separate Republika knowledge. Srpska institutions. RELEASE OF ALBANIAN POLITICAL PRISONERS A quick overview of these conditions indi- FROM JAILS AND PRISONS AND THE RULE OF Hugh J. O’Flaherty, was born in Killarney, LAW County Kerry, Ireland. He studied law at the cates that Serbia and the Federal Republic of Yugoslavia (FRY) have failed to comply University College in Dublin. He was called to Despite Congress’ unequivocal language with any of them, and moreover, they have and the pressure from the international com- the Bar of Ireland in 1959 and became senior engaged in additional actions that run munity, Serbia continues to hold hostage 157 counsel in 1974. In 1990 Mr. O’Flaherty was counter to Congress’ intent and the adminis- Kosovar Albanian prisoners, rounded up and appointed to the Supreme Court of Ireland. tration’s efforts to bring peace and stability transported to Serbia during the withdrawal The court holds jurisdiction similar to the Su- to the region. of Serb forces from Kosova in 1999. These preme Court of the United States. Justice COOPERATION WITH THE INTERNATIONAL prisoners were tried in artificially created O’Flaherty carried out his duties with sound CRIMINAL TRIBUNAL courts, tortured brutally, and forced to make judgement and expertise. He has shared his The trial of former Yugoslav dictator false confessions under extreme duress. wisdom by lecturing at the law schools at Slobodan Milosevic at the ICTY raised the While President Kostunica frequently claims hopes of many in the Balkans that the vic- his respect for the rule of law, he has too Fordham University and Duquesne University easily overlooked many of the legal discrep- and by addressing numerous bar conferences tims of war crimes will finally see justice being served. However, while the new Ser- ancies involved in the cases of the Albanian in the United States as well as Australia. bian government extradited Milosevic to The prisoners. To date, Mr. Kostunica has over- I ask my colleagues to join me in rising to Hague at the last moment in a clear attempt turned just two cases and this only after di- honor this truly remarkable individual for his to get financial support, it is doing dis- rect intervention by leading political figures distinguished years of service to Ireland’s judi- appointingly little to cooperate with the of the international community. cial system. ICTY in the arrest of other indicted war The recently published human rights re- port by the U.S. Department of State also f criminals. Just last month, the Tribunal’s Chief Prosecutor, Carla Del Ponte, labeled has indicated Serbia’s failure to adequately OPPOSING CERTIFICATION OF Yugoslav president Vojislav Kostunica as the address the issue of these prisoners, along- SERBIA ‘‘chief obstacle’’ to cooperation and de- side a host of other problems in its treat- nounced his direct complicity in the efforts ment of minority populations. We could not to protect Ratko Mladic, the Bosnian Serb agree more with what Senator Helms stated HON. ELIOT L. ENGEL general wanted by ICTY for masterminding in the floor debate last year: ‘‘Each day Bel- OF NEW YORK and executing some of the most heinous grade keeps people like Albin Kurti, Isljam IN THE HOUSE OF REPRESENTATIVES crimes against humanity during the Bosnian Taci, Berisa Petrit, and Sulejman Bitici [Al- war. Recently, the Serbian Prime Minister banian political prisoners] locked behind Tuesday, March 19, 2002 Zoran Djindjic emphatically stated that his bars is another day that Belgrade has contin- Mr. ENGEL. Mr. Speaker, I rise to express government would make no efforts whatso- ued the horrors and injustice of the Milosevic regime. And this is totally unac- my opposition to certification of Serbia to re- ever to apprehend Mladic. In addition, four other Milosevic associates ceptable.’’ The United States Congress, as ceive U.S. assistance. Belgrade has not met wanted for war crimes committed in Kosova well as the international community, should the conditions included in the law by Senator remain free men and actively engage in high condemn any attempt by the Serb and FRY MITCH MCCONNELL and does not deserve to governmental or military positions. One of authorities to continue to use these Alba- be certified by President Bush. As my col- the indicted war criminals, Milan nian prisoners as hostages, should resist the leagues are aware, certification must take Milutinovic, maintains his post as president temptation to equate them with ordinary place by March 31, 2002. of Serbia, while Dragoljub Ojdanic, the convicted criminals, and should ask for their Until Serbia releases all of the Albanian fomer Chief of Staff of the Yugoslav Army, immediate and unconditional release. prisoners under its control, stops funding par- continues to hold a high ranking post within Furthermore, the reality of today’s Serbia the Yugoslav Army. On March 9th, and FRY is very far from our country’s no- allel institutions in Bosnia and Kosova, pro- Kostunica’s party, a key member of the rul- tions of the rule of law. Aside rampant cor- tects minority rights and the rule of law, and ing alliance, refused to endorse a draft law ruption and organized crime, the government fully cooperates with the International Criminal on cooperation with the UN Hague Tribunal. and the justice system in Serbia and FRY Tribunal for the former Yugoslavia, it should Moreover, both Kostunica and Djindjic, rath- not only are failing to bring about any re- not be certified to receive assistance from the er than seizing the opportunity presented by semblance of rule of law and justice in their

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A19MR8.024 pfrm04 PsN: E19PT1 E382 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 2002 country, but are engaged in systematic ef- stability by refusing to take responsibility Albanian prisoners, its continued mainte- forts to obstruct justice by destroying all for the carnage and suffering its predecessors nance and support of illegal parallel struc- evidence pertaining to war crimes issues. In instigated in this last decade but instead tures inside Kosova, the unwillingness of the words of Natasa Kandic, a leading Serb choosing to continue fuel nationalistic and Belgrade to openly face and denounce the ca- Human Rights activist, even ‘‘judges, pros- hate propaganda to their constituents, as lamity its predecessors have caused, the con- ecutors and police chiefs are destroying any well as by embarking in a foreign policy tinued tolerance and active support for hate remaining papers that might implicate them agenda that is a prelude of further desta- speech and similar mentality, the highly de- [for war crimes in Kosova], forging docu- bilization. stabilizing and provocative actions in rela- ments, and testing the strength of the wall As it is clearly stated in a recent report by tion to its neighbors, all confirm that Bel- of silence.’’ For example, despite the concern a well known international think tank (at- grade continues to be a source of future ten- expressed by Senator McConnell last year, tached herein), in Serbia, the parliament, sion and instability in the region and as the investigation into the murder of the media, and even its religious institutions fre- such, it should not be rewarded by the three American brothers of Albanian descent quently serve as a setting and an instrument United States Congress and the inter- from New York, cold bloodedly killed after for the most blatant and prejudiced hate national community. the war and whose remains were found in a speeches particularly against Albanians, Upon the fall of the Milosevic regime, mass grave in Serbia, had not started as late Jews, and other minority groups. While Yugoslavia was readmitted to the United Na- as February 4, 2002 according to Ms. Kandic. Yugoslav officials led by President tions and the Organization for Security and Ironically, even Vojislav Sesclj, leader of Kostunica himself have firmly discouraged Cooperation in Europe. While in our opinion, the nationalist Serbian Radical Party has re- any efforts to openly and honestly face the such reinstatement was done hastily and cently accused police generals Sreten Lukic past and tell the Serbian public the truth for without full guarantees of cooperation and and Goran Radosvljevic of ‘‘initiating, orga- the events of this past decade, Serbia’s lead- compliance, Belgrade’s further reintegration nizing, transporting, and burying bodies of ers, including Serbian Premier Zoran and the financial aid it receives from the United States and the rest of the world Kosovar Albanians in locations near Bel- Djindjic and Deputy Premier Nebojsa Covic, should be conditional upon at least the fol- grade’’ and accused the ‘‘authorities for have been all too willing to continue to refer lowing: keeping quiet about it!’’ Over 800 hundred to all Albanians as ‘‘terrorists,’’ just as bodies of Albanians found in mass graves in In relation with cooperation with ICTY the Milosevic is doing in the Hague, in a clear FRY should: (1) Transfer all indictees to The Serbia are under the supervision of the head attempt to exploit to their political advan- of the Serb police since April, 2001. There has Hague, including those on active political or tage our country’s tragedy of September 11 military duty as well as the retired officials. been no effort to return these bodies to the and raise discontent among America’s politi- families in Kosova. As Ms. Kandic so poign- (2) Provide ICTY access to all relevant ar- cians and public towards Albanians. This at chives and documents. (3) Clearly and visibly antly writes ‘‘ [N]o more questions are asked a time when it is widely known, and recently in Serbia about mass graves, the people change its policy of public denigration and confirmed by a Gallup poll, that together dismissive attitude towards the ICTY and its whose remains are buried in them, their with Israel, Albanians are after September legitimacy. (4) Provide information and as- names, how they died, who gave the orders, 11, as well as before, among the strongest sistance in tracing Milosevic’s and other who carried them out, and who covered up supporters of the United States in the world, criminals’funds be them in Serbia or in ille- the evidence.’’ Instead, Serbia’s own second only to the American people. gal bank accounts in Greece or elsewhere. (5) Milosevic is cheered by the public and politi- Furthermore, Belgrade has set sail in a for- Provide information on the discovery of cians as a star in a basketball game. eign policy agenda that is a prelude of fur- other known mass graves located in Serbia. ENDING SERBIAN FINANCIAL, POLITICAL, SECU- ther regional destabilization. There are clear In relation with Kosova the FRY should: RITY AND OTHER SUPPORT FOR THE MAINTE- indications that Belgrade and Skopje are (1) Release all the remaining Kosovar Alba- NANCE OF SEPARATE OR PARALLEL INSTITU- forging anti-Albanian alliances with anti- nian prisoners. (2) Stop financing, training, TIONS IN BOSNIA AS WELL AS KOSOVA Western character. For example, despite the and operating parallel security forces and Although this letter is not focused on Ser- efforts of the United States and the inter- counterintelligence personnel as well as par- bia’s or FRY’s relations with Bosnia and national community to discourage the sell- allel civilian administrative structures. (3) Herzegovina, it is relevant to mention that ing of weapons to Skopje, according to Mac- Support (and not hinder) the Kosovar Gov- instead of taking steps towards complying edonian sources, Belgrade is the second big- ernment and UNMIK efforts to assert their with this condition, Serbia and the FRY gest supplier of military aid after Ukraine. It authority in the north of Kosova. (4) Stop all have been very obstructionist to the Dayton is noteworthy that while the military struc- efforts to depict Albanians as ‘‘terrorists’’ Peace Accords in a variety of ways. The FRY tures of Albanians in Kosova, FYROM, and but rather publicly admit their wrongdoing has never ratified the Accords and continues Southern Serbia have kept their promises as an important good will effort towards rec- to finance the entire Republika Srpska Army and have demilitarized beyond the extent re- onciliation. (5) Retum to their families the (VRS) and security forces. Furthermore, quired by the international community, bodies of the Albanians found in mass VRS command and control structures tie di- while the U.S. is contemplating a reduction graves. rectly into Yugoslav Army structures, vio- of the U.S. forces in the region and has sug- In relation with its neighbors the FRY lating Annex 1–A of the Dayton Peace Ac- gested the same for the military structures must demonstrate its commitment to re- cords. of the Republic of Albania, all of Albanian’s gional peace and stability by: (1) Not hin- On top of violating Dayton Peace Accords, neighbors are continuously beefing up their dering international community’s efforts to Serbia and the FRY are in clear violation of military arsenal, dangerously shifting the sustain peace in FYROM. (2) Discontinuing the United Nations Security Council Resolu- military balances in the area. to funnel and sell weapons to FYROM in a tion 1244. Belgrade continues to finance and Most importantly, in a clear provocation clear disregard of international community’s maintain illegal parallel administrative, po- to the Kosovar Albanians and to the author- will and policy (3) by bringing to an end its lice, and security structures in Kosova. ity of the United Nations, last year Belgrade efforts to stir up tensions in the region by Paradoxically, a large quantity of the funds and Skopje signed an agreement that at- forging dubious alliances and signing and at- that supports these illegal parallel struc- tempts to change Kosova’s borders and gives tempting to enforce provocative agreements. tures is drawn from international aid and po- away 2500 hectares (close to 6000 acres) of As the U.S. Administration and Congress tentially from assistance that is given by the Kosova’s land to FYROM. This move has assist the FRY in the quest for normaliza- United States. According to Deputy Premier been widely rejected by the Kosovar Alba- tion, it must face—and act on—the reality Nebojsa Covic, Serbia has on its payroll as nian political leaders as well as the popu- that the FRY still causes significant re- many as 29,800 people who illegally operate lation at large. This agreement should not be gional instability and is not in compliance inside Kosova. The most visible example are endorsed or supported by the United States with the conditions established under the the so called ‘‘bridge-watchers’’ in the town Congress and Administration as it creates impeding March 31, 2002 deadline. No matter of Mitrovica who, in an all too clear attempt the dangerous precedent of giving Belgrade what actions the Yugoslav or Serbian gov- to partition this territory from the rest of the authority to give away Kosova’s terri- ernment takes out of pragmatism in these Kosova, violently prevent the free movement tory in complete disregard of the United Na- remaining few weeks, we urge our govern- ment to insist on a clear and clean break of of the Albanian population into their own tions mandate over Kosova as well as against the current Yugoslav and Serb government homes as well as do not allow the Govern- the will of Kosova’s citizens. from the policies and practices of its prede- ment of Kosova and the UNMIK representa- These actions do not contribute to peace cessor. It should do so by refusing to certify tives to establish and assert their authority and stability. On the contrary, they are de- Serbia’s eligibility for further U.S. assist- in the northern part of the town. Covic him- signed to stir up tensions, provoke the Alba- ance, by not extending the Most Favorite self has admitted that these troops operate nian population, and then present them as Nation status to FRY, and by insisting that under Belgrade’s control and with Belgrade’s the source of instability in the region and all the above-listed conditions are fulfilled direct financial support. thus justify FRY’s actions and inactions and thereby divert attention from problems before FRY’s efforts for further integration OTHER ACTIONS OR INACTIONS THAT PRESENT A in the international community are en- within the FRY and originating in Belgrade. THREAT TO THE REGIONAL STABILITY dorsed. In addition to the failure to fulfill the con- CONCLUSION We as Albanian-Americans are looking for- ditions posed by the U.S. Congress, Belgrade The failure of Serbia and FRY to fully co- ward to the time when Serbia will become a continues to present a threat to the regional operate with ICTY, the refusal to release the constructive player that contributes to the

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A19MR8.028 pfrm04 PsN: E19PT1 March 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E383 peaceful and harmonious development of talented photographers committed to elevating BENJAMIN A. GILMAN INTERNATIONAL SCHOL- Southeastern Europe. However, until that photography’s role as a fine art. ARSHIP PROGRAM STATISTICAL OVERVIEW: time comes, our Congress and the inter- Mr. Campbell’s skills also extend to the me- ACADEMIC YEAR 2002 national community must avoid the tempta- chanical side of photography. He invented the Total applications received: 2771. tion to bend the rules for Belgrade and must Total awards: 302. hold FRY to the same high standards that Vis-0-Tray slide storage and editing system in the 1960s to facilitate organizing slides for Home States represented: 39 plus DC and have been rightly required of other countries PR. in the area. presentations. To photograph water skiers, he Institutions represented: 170. On behalf of the National Albanian created a special platform on the towboat that Destination countries: 41. American Council, has since been copied by other photog- $5000 awards given 261 RICHARD LUKAJ, raphers. $3000 awards given 41 Chairman, Board of Trustees. Mr. Speaker, I take this opportunity to thank LENGTH OF STUDY ABROAD f Mr. Les Campbell for his creative and positive Semester: 69%. influence on the art of photography in our Academic/full year: 25%. HONORING THE CONTRIBUTIONS community. OF MR. LES CAMPBELL ETHNICITY (AS REPORTED BY APPLICANT) f Asian or Pacific Islander: 12%. HON. JOHN W. OLVER GILMAN INTERNATIONAL Black/Non-Hispanic: 11%. SCHOLARSHIP PROGRAM Hispanic: 8%. OF MASSACHUSETTS White: 55%. IN THE HOUSE OF REPRESENTATIVES Other: 5%. Tuesday, March 19, 2002 HON. BENJAMIN A. GILMAN No answer given: 9%. OF NEW YORK WORLD REGION DISTRIBUTION (USING COUNTRY Mr. OLVER. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES recognize the public service contributions of OF DESTINATION) Mr. Les Campbell of Belchertown, MA. Mr. Tuesday, March 19, 2002 Africa: 8%. Campbell’s work as a nature and wildlife pho- Mr. GILMAN. Mr. Speaker, I would like to Asia and Oceania: 29%. tographer is well known in Massachusetts’ take this opportunity to inform my colleagues Middle East: 1%. Europe(including Russia & NIS): 42%. First District and throughout New England. In of the success of the Gilman International Western Hemisphere: 20%. addition to founding several photography orga- Scholarship Program established to benefit GENDER nizations and serving as an active or honorary low income college students receiving benefits member of countless others, Mr. Campbell is in its first year of operation. Our Scholarship Female: 72%. Male: 28%. a tireless resource for the young photog- Program sponsored by the United States De- raphers with whom he enjoys sharing his partment of State, Bureau of Educational and LEVEL OF STUDY knowledge. Mr. Campbell, now retired, was a Cultural Affairs and administered by Institute Freshman: 1%. lifelong government employee at the Quabbin of International Education, encourages Amer- Sophmore: 10%. ican students to study abroad by providing Junior: 53%. Reservoir. He has been a champion for keep- Senior: 36%. ing that magnificent body of water untouched specified grants. This is an opportunity to gain by development. knowledge and experience first hand that they f On March 29, 2002 The Valley Portfolio, a may not have otherwise due to the costs. REPRESENTATIVE CAPPS RE- In the 2001–2002 academic year 302 community photographic resource center in MARKS TO THE AMERICAN MED- awards were made to students from among Springfield, MA will present to Mr. Campbell a ICAL ASSOCIATION lifetime achievement award at a reception. On 2,771 applicants from 44 states plus Puerto this day, members of our community will gath- Rico. The awards were split with 68 percent er to celebrate his contributions and accom- going to semester long programs, 24 percent HON. JOHN D. DINGELL plishments. Mr. Campbell’s awards and cita- to academic year programs, and 8 percent to OF MICHIGAN tions could fill a gallery. He may be the only quarter and other programs. These numbers IN THE HOUSE OF REPRESENTATIVES photographer ever to receive four awards from by themselves are impressive, however, when Tuesday, March 19, 2002 the Photographic Society of America: (1) the they are combined with the number of states Buxton Award (1958) as the world’s leading and institutions represented it gets even bet- Mr. DINGELL. Mr. Speaker, I want to pay exhibitor of nature prints that year, (2) the ter. These students represent 172 different tribute to the skill, tenacity, and leadership of Stuyvescent Peabody Award (1972) as ‘‘the colleges, universities, and community colleges. our colleague and my friend, Rep. LOIS CAPPS. PSA member who has contributed the most to I am proud that this Scholarship Program has I have served with many fine people over the pictorial photography,’’ (3) the Victor H. Scales reached such a broad cross-section of eligible course of my career in the House of Rep- award (1973) for ‘‘diligent and meritorious students. Moreover, it is gratifying that 32 per- resentatives and she is among the best. She service to photography and the Society and cent of that cross-section represents minority fights every day for the people of her district, especially for his untiring efforts to teach and students. and for causes that affect virtually every mem- interest young people in photography and the Our Scholarship Program is placing stu- ber of our society. She does this with great arts,’’ and (4) the Appreciation Award (1981), dents in countries other than the more tradi- skill and even greater courage. I have come to the Society’s highest award and the only one tional Western Europe states. I am happy to admire her strength, compassion, commit- selected by its officers. note that only 41 percent of our students have ment, and drive. It is with great respect and Mr. Campbell’s organizational skills are leg- studied in Western Europe. Asia and Oceania affection that I request that a copy of her re- endary among those who have served along- drew 28 percent of our participants and the cent remarks to the American Medical Asso- side him in the various clubs and organiza- Western Hemisphere drew 17 percent. The re- ciation be included in the Record. I rec- tions he founded to which he belonged. In maining 14 percent chose either Africa, East- ommend that all of my colleagues read them 1967 he originated Focus: Outdoors, an an- ern Europe, the Middle East, or had a pro- with great care. nual three-day environmental conference that gram that allowed them to travel to multiple re- STATEMENT OF REP. LOIS CAPPS, AMERICAN drew as many as 1,000 participants. Mr. gions. It is gratifying that with the world open- MEDICAL ASSOCIATION CONFERENCE, MARCH Campbell was named an honorary member of ing to them these participants chose to take 10, 2002 the New England Camera Club Council in advantage of it and study in every region OPENING 1968, that organization’s highest award. available to them. The idea of an open world Thank you very much for inviting me here As president of the New England Camera also carries over to the fields of study rep- to speak today. It is an honor to spend some Club Council he took a sleepy organization resented. There are 41 different fields rep- time with my colleagues in health care. with only 13 member clubs and increased that resented between the 4 different programs of- I have been asked to speak to you about number to 83, increased the council’s treasury fered. the Democratic Party’s agenda on health from less than $25 to more than $7,000, and The I.I.E and State Department have admi- care. But I am not sure there should be a sepa- created a weekend conference at the Univer- rably implemented this program, and the re- rate ‘‘Democratic’’ or ‘‘Republican’’ agenda sity of Massachusetts that grew from 300 to ward is with the number of students seeking to on health. 2,000 participants in five years. participate. With such interest, I hope our Though politics often suffuses the debate Most recently, Mr. Campbell began the Pio- scholarship will continue to grow to provide about health care, we should not come at neer Valley Photographic Artists, a group of more students with this excellent opportunity. this issue from a political perspective.

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A19MR8.031 pfrm04 PsN: E19PT1 E384 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 2002 I have only recently in my life become an we fail to meet them. And today the nursing understandably looking for ways to control elected official. And I do not consider myself community is facing a dire situation. With those costs. This can have a positive effect as simply a politician. an aging nursing workforce approaching re- on health care by making it more affordable. Instead, I think of myself in the terms that tirement, and a dwindling supply of new Years ago in California I saw this lead to defined the forty years of my career before I nurses, we are facing an incredible shortfall more coverage of preventive care. But the came to Washington. of well trained, experienced nurses. To make pendulum has swung too far towards cost I am a nurse. I am a health care provider. matters worse this will peak just as the baby control. Now there is too much pressure to It is my calling. And I think of myself in my boom generation begins to retire and require cut corners and to skimp on care. Abuses of new job as just a different kind of health a greater amount of care. patients’ rights to quality health care are care provider. I may have traded in my nurs- I have written legislation, the Nurse Rein- too common. There needs to be a counter- ing uniform and medical equipment for legis- vestment Act, to deal with both the imme- force on the side of quality care—on the side lation and committee action. But my goal is diate and the long-term problems we face. of the patients. And that counter-force is the still the same. I am obliged to care for the This legislation included proposals: To im- Patient’s Bill of Rights. health of my patients, whether they are the prove access to nursing education, to entice We have to make sure that medical deci- students in the Santa Barbara school sys- young people into nursing, to create partner- sions are made by medical professionals and tem, the patients in Yale New Haven Hos- ships between health care providers and edu- their patients, and not by accountants. This pital, or the seniors on Medicare across cational institutions, and to support work- is why I have supported this legislation. I am America. And I am proud to bring the bene- ing nurses as they seek more training. very proud to be standing by the AMA on fits of this lifetime of nursing experience to This past December, the House passed a this issue. And I remain confident that we the halls of Congress. And I think my experi- slimmed down version of my bill, and the can get this bill through this year. ence has taught me well. As medical profes- Senate passed legislation more like what I MEDICARE RX BENEFIT sionals we have learned that we need to care- originally envisioned. We are now trying to Unfortunately, I am not so optimistic fully examine symptoms, check vitals, run work out the differences. tests, and thoughtfully consider our options. about passing a Medicare prescription drug I deeply appreciate the support of the AMA benefit for seniors. In the last twenty years Then we select the best course of action we for my legislation. We are close to finishing can think of. we have seen a revolution because of pre- it and we would not be here without your scription drugs. They are virtually miracle We don’t look at the label on a medication support. to see if it has a D or an R on it. We don’t treatments. But they have also become bru- look to see if Tom Daschle or George Bush PHYSICIAN FEES tally expensive and are a much larger per- recommended a particular treatment. We And just as we need to make sure patients centage of health care costs than we ever ex- call on all of our medical training and pro- have nurses, we also need to make sure they pected. The high cost of these medications fessional experience. We often consult other can see their doctors. As you are all aware, has been a problem for many people. But it doctors and nurses, because we have learned the reimbursement rates for physicians’ has particularly hit our seniors. They rou- that health care is better when provided by services under Medicare saw a disastrous cut tinely take several medications for various a team. And this is how the Congress needs of 5.4% this year. This cut has already had a everyday health concerns. But their fixed in- to approach the challenges facing today’s terrible impact on health care in my district comes cannot pay for them. And Medicare of- health care system. and, I am sure, across the country. If these fers little help. You and I would not even Most of my colleagues, on both sides of the cuts are not corrected quickly they will be consider taking on health insurance that aisle, are genuinely interested in reaching devastating to medical professionals and our does not cover prescription drugs. But sen- across party lines to come up with good solu- ability to provide quality health care. I iors are left looking to Medicare + Choice to tions. But a few are more interested in op- know you have been deeply frustrated by pay for their prescription drugs. Medicare posing the other party’s members than in these cuts, as have I. And you have begun HMOs were promoted as an avenue of hope, solving our problems. They are unwilling to changing your practices to accommodate but have increasingly cut back on benefits, engage in a debate on the issues, but would new economic reality. raised premiums and copayments, and often rather stymie their opponents ideas, be they A doctor’s office is usually a small busi- just packed up and left areas deemed as ‘‘un- Republican or Democrat, for political gain. ness. But as you well know, unlike most profitable’’ leaving seniors with no where to I am a nurse. Sen. Kyl is a lawyer. My col- small businesses your decisions have life and turn. league, the Ranking Member of the Health death consequences. We hear again and again about seniors Subcommittee, Sherrod Brown is a teacher. Some doctors in my district have left pri- choosing between food on the table and life Rep. Ganske is a doctor and Rep. Norwood is vate practice altogether. Others are threat- saving medication. We really can and should a dentist. Some of us are Democrats and ening to. Many who stayed in private prac- do better than that for older Americans. some of us are Republicans. It is going to tice said that they could no longer afford to They expect it and they deserve it. I believe take all of our varied experience, expertise, accept new Medicare patients. And others we must establish a benefit that is universal, and perspectives to develop real solutions to simply left Medicare all together. voluntary, affordable, and accessible to all. the challenges we face today. This has meant that many seniors across Unfortunately, the Administration has con- OVERVIEW the country are scrambling to find new doc- tinued to focus on expanding the failed Medi- And we face real challenges. A few minutes tors so they can continue to get the care care HMO program and helping the poorest ago I suggested that Congress should treat they need and deserve. Along with a couple seniors. I think about the countless seniors health care problems the way a doctor treats of my colleagues I introduced legislation to on the Central Coast of California who have a patient. So let’s do that now. freeze physician fees at the 2001 level until shared their personal stories with me about Let’s check our nation’s health care vital Congress could find a long-term fix. And crushingly high drug prices, I know in my signs and look at some of its symptoms. when Chairman Bilirakis, Ranking Member heart that prescription drug coverage is not There are 125,000 vacant nursing positions Brown, Chairman Tauzin, and Ranking Mem- a political issue. It is simply the right thing across the country. Physician fees under ber Dingell introduced their own legislation to do. Medicare have grown 13% less than the costs to keep the cut minimal. I was pleased to UNINSURED of practice since 1992. Approximately 56 mil- join them in their efforts and was able to get Another critical issue is the 43 million lion Americans are not protected by any 146 of my colleagues to ask the Speaker for Americans with no insurance coverage what- state or federal patient protections. 40 mil- a vote on this issue. soever. For them, health care, with or with- But, in spite of the bipartisan agreement lion Americans are on Medicare. 78 million out prescription drug coverage, is nothing on this issue, the bill has not been brought baby boomers will start to join them in the but a fantasy. next decade. Annual spending on prescrip- to the House floor. I know you will keep the These are people like you and me, who are tion drugs by seniors has grown 116%, from pressure on the House leadership to bring being forced to gamble with their health and $18.5 billion in 1992 to $42.9 billion in 2000. this issue to a vote. I will too. We need to with their livelihoods. They have to bet that And 43 million Americans are without health solve this problem now. they will stay healthy and not require health insurance of any kind. PBOR care. Each day, they wonder if today is the These are not strong and stable vital signs. But making sure there are enough doctors day that their luck will run out. Is today the They point to several problems we must ad- and nurses will only take us so far. We must day that they or a loved one will contract a dress in order to get our patient, the health also make sure that patients can get access terrible disease? Will today be the day that of our nation, out of critical care. to the benefits they need. We must pass a they or their family are stricken by some- NURSING Patient’s Bill of Rights. thing that will fill their life with pain and First of all we have to make sure that the Again I want to take my hat off to you and bankrupt them? They should not have to health care infrastructure is there to care your organization for your steadfast com- face these fears without the security that in- for all Americans. This leads us to the nurs- mitment to this. The AMA and its members surance can provide. ing shortage. I admit I have a bias when I have been critical to our progress so far to- In my time as a school nurse in Santa Bar- talk about this issue. I think nurses are ter- ward real patient protections. We live in an bara, I saw too many families without insur- ribly important to our health care system. era of astounding new medical developments ance. I saw the defeated look of shame on I know first hand the challenges facing the but also rising health care costs. The insur- their faces as they struggled to figure out nursing profession and the consequences if ance companies and managed care plans are how to get their children and themselves

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A19MR8.036 pfrm04 PsN: E19PT1 March 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E385 necessary health care. This is something we volved know of my high regard for this exem- in some cases, reopened. In 2005, the bases can fix if we put our hearts and minds to it. plary organization and its excellence in com- spared by the next round of BRAC will still Some people believe that the best way to ad- munity service. need the same improvements, but in the dress this problem is through tax credits. I have to say that I am skeptical. I am con- f meantime, the decision to freeze construction cerned that tax credits might not cover the at bases that might be BRACed will only hurt TRIBUTE TO FRANKLIN H. BERRY, our people living there—hurt our soldiers and costs of insurance and may inadvertently JR. draw people out of employer-based insur- their families. We need to protect our soldiers’ ance, driving up premiums for those left be- families. And just as we need to protect them hind. HON. JIM SAXTON from terrorists, we also need to protect them Others have called for Medical Savings Ac- OF NEW JERSEY from the elements—from Mother Nature who counts, but these may end up pulling healthy reminds them just how leaky their roofs are. people out of insurance plans and leaving the IN THE HOUSE OF REPRESENTATIVES We need to protect them from being uprooted ill in, again raising the costs to those most Tuesday, March 19, 2002 in need of help. I think we might be better in the name of savings that will not materialize off pursuing an expansion of existing health Mr. SAXTON. Mr. Speaker, I rise today to for a decade and may, in all actuality, never care programs or helping small businesses pay tribute to a good friend as he is honored materialize. get access to the low rates that large busi- by the Toms River-Ocean County Chamber of A few weeks ago First Lieutenant Tallas nesses get. But any of these solutions will Commerce for his extraordinary contributions Tomeny was killed in the line of duty. I extend cost a great deal of money. And so it is es- to the community. my condolences to his family. While we mourn sential that we find the best, most cost-effec- In many fields of service, through business the loss of all of our soldiers, this loss is so tive method. That is why it is absolutely endeavors and volunteerism, Franklin Berry much sadder because Lieutenant Tomeny was necessary to keep up dialogue and debate, has served the residents of Ocean County without shutting out ideas, not killed in Afghanistan, or the Balkans, or You and I may disagree on the best way to faithfully for many years. Egypt, or Korea, or any of the other numerous help the uninsured. But we will help them Having served in the New Jersey General places our soldiers are stationed around the faster if we are willing to hear from each Assembly as well as Ocean County govern- world. He was killed in North Carolina during other and work towards a consensus. We can- ment, he led the citizens not only of the coun- an exercise held off base, and he was shot by not afford the arrogance of the idea that ty, but also of New Jersey with dedication and a Sheriff s deputy who mistook him for a crimi- there is no way but our own. commitment. nal. While we sit here and continue to talk BUSH BUDGET His participation in the Toms River Student about closing Vieques and continue to talk We will see this clearly as we set the budg- Loan Fund as well as the Southern Regional about closing bases, a soldier has lost his life et for next year. The President has laid out Scholarship Fund has enabled many young because his training was being held in a civil- some laudable priorities in his health care people to seek higher education when they ian community instead of on a military training budget. He calls for more funding for the NIH might otherwise have been unable to do so. area. We need to reconsider the decision to and efforts to prepare communities for bio- Franklin Berry serves with many local orga- terrorism. But at the same time the budget close facilities where our forces can train safe- cuts funding for community health coordina- nizations such as the National Conference of ly. tion, chronic disease programs, and efforts to Christians and Jews, Jersey Shore Council f train doctors and other health professionals. Boy Scouts of America and the Toms River I think these cuts are counterproductive. So Area Family YMCA. His time and efforts have 125TH BIRTHDAY OF THE ADVANCE I will work with the President and my col- brought about opportunities for understanding OF BUCKS COUNTY NEWSPAPER leagues on this budget, hopefully without and improvement to the community and the the partisan bickering that has filled past families who reside there. debates. HON. JAMES C. GREENWOOD A community mainstay for many years, OF PENNSYLVANIA CLOSING Franklin Berry’s willingness to lend a hand to IN THE HOUSE OF REPRESENTATIVES Our patient, the health of America, is any worthy group or organization in need of faced with too many diseases and conditions his services is the basis for his selection for Tuesday, March 19, 2002 to simply lie on its hospital bed as we engage the prestigious award for which he is being Mr. GREENWOOD. Mr. Speaker, I rise in petty squabbles about who came up with what idea. We will only be able to solve our honored by the Chamber. today to recognize the 125th birthday of The problems if we are willing to work together, I congratulate him and wish him many more ADVANCE of Bucks County newspaper. respect and embrace our opponents, and years of service to others. Founded in Hulmeville, Pennsylvania in 1877, clamber for a common ground to meet on. f the ADVANCE has provided hometown news I thank you for listening to me, and I look to its readers in a weekly paper continuously forward to working with you to accomplish ON THE REALIGNMENT AND CLO- for the past 125 years. these goals. SURE OF AMERICA’S MILITARY The ADVANCE has been a part of my fam- READINESS f ily’s required reading for as long as I can re- member. My father’s career as a township su- PAYING TRIBUTE TO THE HON. J. RANDY FORBES pervisor and the local district justice were cov- GENESEE VALLEY ROTARY OF VIRGINIA ered, and when my younger brother was riding IN THE HOUSE OF REPRESENTATIVES a pony and it ran away with him, his picture HON. MIKE ROGERS Tuesday, March 19, 2002 made the paper! OF MICHIGAN I still depend on the ADVANCE for home- IN THE HOUSE OF REPRESENTATIVES Mr. FORBES. Mr. Speaker, I am very dis- town news, to learn about local community traught today over the inclusion of a Base Re- Tuesday, March 19, 2002 issues and upcoming events. alignment and Closure provision in last year’s I would like to offer my heartiest congratula- Mr. ROGERS of Michigan. Mr. Speaker, I National Defense Authorization Act. I do not tions to Editor Nancy Pickering and the rest of rise today to congratulate the Genesee Valley buy into so-called BRAC ‘success’ stories. I the staff at the ADVANCE, past and present. Rotary Club on their 25th anniversary. It is my will be the first to stand up and congratulate f wish to commend Jack Hamady, Ray Kelley sound accounting of our taxpayers’ money, and Jerry Wittemore for their efforts in found- however, BRAC does not represent sound ac- TRADE WITH UKRAINE ing the club in May, 1977. counting. The truth of the matter is that reduc- The Genesee Valley Rotary Club has lead ing military construction for Fiscal Year 2003 HON. BOB SCHAFFER the community in service for the past 25 will not solve the Army’s financial problems. OF COLORADO years. They participate and operate several Furthermore, according to the Government Ac- IN THE HOUSE OF REPRESENTATIVES community service projects, such as the Sal- counting Office, BRAC cost and savings esti- vation Army Christmas Bell Ringing, the mates are imprecise. According to the Con- Tuesday, March 19, 2002 WFUM–TV28 telethon, and the Big Brothers/ gressional Research Service, in the early Mr. SCHAFFER. Mr. Speaker, last week, I Big Sisters Bowling Challenge. years of the past four rounds of BRAC, base posted letters to the President of Ukraine, Mr. Mr. Speaker, I ask my colleagues to join me closure costs greatly exceeded savings. On Leonid Kuchma, and the Prime Minister of in congratulating the Genesee Valley Rotary more than a few occasions, facilities that were Ukraine, Anatoliy Kinakh regarding a pending Club. May its leadership and all of those in- closed under BRAC were needed again, and incident in Ukraine involving an American-

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MR8.041 pfrm04 PsN: E19PT1 E386 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 2002 based company. Cargill International is the As always, I am at your disposal to engage CELEBRATING THE 90TH ANNIVER- owner of the cargo aboard a Liberian shipping any meaningful effort advancing our nations’ SARY OF THE GIRL SCOUTS vessel, the MV Monarch, which has been friendship and cooperation. seized and the contents impounded by the Very truly yours, HON. MICHAEL M. HONDA Ukrainian government. Thirty-five thousand BOB SCHAFFER, Member of Congress, OF CALIFORNIA metric tons of sugar carried on the ship was Co-Chairman Congressional Ukrainian IN THE HOUSE OF REPRESENTATIVES to be delivered in Ukraine. However, the sei- Caucus. Tuesday, March 19, 2002 zure of the product has raised serious ques- tions among our colleagues regarding the Mr. HONDA. Mr. Speaker, I rise today to risks associated with Ukrainian trade and the f honor the Girl Scouts of the United States of desirability of Ukraine as a stable, reliable America, which is celebrating its 90th anniver- trading partner. TUNISIAN INDEPENDENCE DAY sary this month. On March 12, 1912, Juliette As you know Mr. Speaker, I remain a firm Gordon Low organized the first group of eight- advocate of enhanced trade relationships be- een Girl Scouts in Savannah, Georgia. She tween Ukraine and the United States, and be- HON. BENJAMIN A. GILMAN believed that all girls should be given the op- lieve this House should aggressively pursue OF NEW YORK portunity to develop physically, mentally, and prudent policies which draw the two democ- spiritually. Today, there are 2.7 million girls in racies together, and for a variety of strategic IN THE HOUSE OF REPRESENTATIVES Girl Scouts of the USA, and over 900,000 and humanitarian reasons. While the pending Tuesday, March 19, 2002 adult members. episode is rightfully regarded by some here as The Girl Scout mission is to help all girls a serious impediment to the maturation of Mr. GILMAN. Mr. Speaker, I rise to take this grow strong. To that end, Girl Scouting em- trade relations, I am hopeful it will be resolved opportunity to inform my colleagues that powers girls to develop to their full individual soon. I am mindful indeed of the significance Wednesday, March 20, 2002, marks the 46th potential; relate positively to others; develop of the dispute which is why I have taken to the anniversary of Tunisia’s independence. I invite values that provide the foundation for sound decision-making; and contribute to the im- floor today to alert our colleagues to the ac- my colleagues to join in extending our con- tions I have taken so far in this matter. provement of society through their abilities, gratulations to the leaders and people of this In addition to speaking personally to leadership skills, and cooperation with others. Ukraine’s ambassador about the need to re- important ally. The Republic of Tunisia has Girl Scouts of the USA continues today to ex- solve the issue of Cargill’s sugar shipment, I been and continues to be a model of eco- pand its programs to address contemporary have been in regular contact with our em- nomic growth, while keeping Islamic fun- issues affecting girls, while maintaining its bassy in Kyiv, our ambassador there, multiple damentalism at bay. core values. The organization’s foundation is U.S. business representatives, and many of However, the relationship between the still based on the Girl Scout Promise and Law, my contacts in the Ukrainian government and United States and Tunisia is much older than just as it was in 1912. in Ukraine’s parliament, the Verkhovna Rada. Tunisia’s 46th Anniversary of its independence Girl Scouting helps our country’s young The nature of my conversations follow the text may suggest. The United States first signed a women discover the fun, friendship, and power of the letters I conveyed to Ukraine’s presi- treaty of peace and friendship with Tunisia in of girls together. Through an array of enriching dent, and prime minister which I hereby sub- experiences, Girl Scouts acquire self-con- 1797. During World War II, Tunisia’s nation- mit for the RECORD. fidence and expertise, take on responsibility, alist leaders suspended their struggle against MARCH 14, 2002. and are encouraged to think creatively and act France in order to support the Allied cause, His Excellency LEONID KUCHMA, with integrity—qualities essential in good citi- President of Ukraine, and, in 1956, the United States was the first zens and great leaders. At the same time, Ukraine. world power to recognize Tunisia’s independ- they learn a great deal about science and DEAR MR. KUCHMA: Your immediate atten- ence. technology, money management and finance, tion, intervention, and response to Ukraine’s confiscation of property belonging to an Today Tunisia and the United States enjoy health and fitness, the arts, global awareness, American-based corporation, Cargill Inter- friendly bilateral relations. The Tunisian gov- and much more. I personally have shared in national SA, CISA, is hereby requested. I ernment has contributed military contingents to the wonderful experience of Girl Scouting, strenuously urge you to help me resolve this U.N. peacekeeping missions in Cambodia, So- when a number of the young women volun- extremely volatile situation which is clearly malia, the Western Sahara, and Rwanda. Co- teered in my office last summer. capable of damaging the relationship be- Juliette Gordon Low envisioned Girl Scout- operation between the Tunisian and U.S. mili- tween our nations. As you know, I have de- ing as a profound force in the lives of all girls. voted six years of my service in the U.S. tary has been growing, with an increasing In 2001, Girl Scouts of the USA launched a Congress toward improving the Ukrainian/ number of joint exercises. major initiative to continue to fulfill the US relations, and I am fearful much of our recent progress will be lost to the current At the same time, after years of hard work, foundational principle that every girl deserves episode involving the seizure of cargo, le- Tunisia has produced one of the highest the opportunity to learn the leadership and life gally the property of CISA, by Ukraine’s standards of living in the region. U.S. bilateral skills that will help her achieve her goals. Black Sea Regional Customs authority. economic assistance programs have ended Through ‘‘Girl Scouting: For Every Girl, Every- The ship, MV Monarch, carrying 35,000 principally because of Tunisia’s resounding where,’’ Girl Scout volunteers and staff are metric tons of raw cane sugar was seized in success in social and economic development. working to ensure that Girl Scouting is avail- January 2002. The stated grounds for seizure, able to every girl in every community, reaching namely the alleged inability to substantiate Tunisia’s prudent fiscal and debt management the existence of an American company in- policies also have given Tunisia access to beyond racial, ethnic, socioeconomic or geo- volved in the transaction, have been re- international capital markets. Thus, Tunisia is graphic boundaries. The initiative aims to en- courage broader membership from minorities, solved. However, neither the ship, nor its one of the few countries to graduate success- cargo, have been released. In fact, the latest especially among Latina and Asian American information indicates the ship has been fully from development assistance and join the girls. It also seeks to increase participation of moved to berth at a port in Illychivesk, developed world. teenage girls and girls with disabilities. One of where off-loading has commenced, and the Whether protecting Mediterranean shipping the primary missions of Girl Scouts of the USA security of the product is in jeopardy. The international implications of this lanes against Barbary pirates, opposing the is to make the positive experience of its pro- issue are quite serious. American product Nazi war machine in North Africa, supporting grams available to girls everywhere. In addi- being unjustly detained, confiscated and off- Western interests during the Cold War, or tion to schools and backyards, Girl Scout loaded will certainly damage Ukraine’s de- serving as an island of peace and security in troops now meet in homeless shelters, migrant sirability as an international market and a sea of troubles, the United States has al- farm communities, juvenile detention centers, trade partner. The sugar cargo in question is Native American reservations, and even online clearly the property of CISA and is being off- ways been able to count on Tunisia for its support regarding the important issues of the via the Internet. loaded without the owner’s consent. Your With ‘‘Girl Scouting: For Every Girl, Every- day. intervention and leadership in resolving this where,’’ Girl Scouts of the USA hopes to truly situation would do much to restore and Accordingly, I invite my colleagues to join in maintain Ukraine’s commitment to reflect the face of America and to ensure that freemarkets and reliable international rela- congratulating all Tunisians as they celebrate every girl who wants to join Girl Scouts has tions. Thank you in advance for your urgent the 46th anniversary of their nation’s inde- the opportunity to do so. This goal is in keep- attention to this serious matter. pendence. ing with its long and proud history of diversity

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MR8.047 pfrm04 PsN: E19PT1 March 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E387 and inclusiveness. For 90 years, Girl Scouts average life expectancy was 23. In the United leagues in Congress to work with me to pass has had a proven track record of empowering States today, life expectancy at birth is 80 it quickly into law. girls to become leaders, helping adults be years. f positive role models and mentors for children, While this increased life expectancy is al- and helping to build solid communities. I sa- lowing us to live fuller lives, it is also pre- A TRIBUTE TO THE GIRL SCOUTS lute Girl Scouts on this tremendous milestone, senting us with serious financial challenges. OF THE UNITED STATES OF and am confident that Girl Scouts is sure to Half of all older Americans who live alone will AMERICA continue this tradition for the next 90 years ‘‘spend’’ themselves into poverty after only 13 and beyond. weeks in a nursing home. HON. BOB ETHERIDGE f My own family had to make difficult emo- OF NORTH CAROLINA tional and financial decisions when my father IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE GIRL SCOUTS’ needed care. My dad was a pediatrician, and Tuesday, March 19, 2002 90TH ANNIVERSARY always lived a full life. When he needed care, my sisters and I struggled to find the perfect Mr. ETHERIDGE. Mr. Speaker, today I rise HON. JACK QUINN place for him to live. to pay tribute to the Girl Scouts of the United States of America. Earlier this month, the Girl OF NEW YORK We wanted to make sure he was happy and Scouts celebrated their 90th Anniversary, and IN THE HOUSE OF REPRESENTATIVES received high quality medical care. We searched for months to find the right place for it is appropriate for us to take time to honor Tuesday, March 19, 2002 our dad and we learned very quickly how ex- their contributions to our nation. Mr. QUINN. Mr. Speaker, It gives me great pensive long-term care is. Fortunately, we had The Girl Scouts were founded by Juliette pleasure to rise today to recognize the Girl the financial resources to take care of him, but Gordon Low on March 12, 1912 in Savannah, Scouts as the pre-eminent all girls organiza- many families do not. Georgia and were chartered by Congress on tion in the world. Founded on March 12, 1912 My experience with my dad renewed my March 16, 1950. Today, the Girl Scouts boast in Savannah, Georgia, the Girl Scouts organi- commitment to improve our long-term care 3.7 million members, 2.7 million of whom are zation celebrates Its 90th Anniversary of serv- system. I took on this mission in Congress daisies, brownies, junior scouts, cadets, and ice to the girls and women of America. and I am pleased today to introduce the Long senior scouts. And they are supported by al- The Girl Scouts serves the unique interests Term Care Support and Incentive Act. This most one million adult volunteers. The Girl of girls by providing girls with programs de- much needed legislation will make a real dif- Scouts is a truly worldwide organization signed especially for them in an all-girls set- ference for San Diegans carrying for older partnering with the World Association of Girl ting. family members. Guides and Girl Scouts to create a family of The Girls Scout Council of Buffalo & Erie First, the bill will give a $4,000 tax credit for ten million girls and adults in 140 countries. County, Inc., joins Councils throughout the seniors with long-term care needs and their As the former State Superintendent of North United States, and Girl Scouts everywhere, in caregivers. We know how many sacrifices Carolina’s public schools, I understand how celebration of the 90th Anniversary of Girl families make to take care of their loved ones. important the Girl Scouts are to the develop- Scouting in the USA, and its 85th year of serv- They miss work, or in some cases are forced ment of our young women. The Girl Scouts ice to the girls of Western New York. to give up their jobs. They pay for expensive are working to encourage young women to The year 2002, marks nine decades of Girl medical supplies and equipment, and bare the pursue careers in science and technology Scouts providing girls with age-appropriate burden of enormous medical bills. This tax through a number of innovative science and programs that help to impart good moral val- credit will help ease their financial burden. math education initiatives. These initiatives ues, life skills, a respect for themselves and The second section of my legislation will es- provide girls with mentors, role models, and others, a foundation necessary for girls to be- tablish a tax deduction for long-term care in- the technological resources to prepare them to come contributing adult members of their com- surance premiums. As the long-term care succeed in the 21st Century. munities. needs in our community increase, we must Through Girl Scouts girls become strong Girl Scout Troops in Buffalo & Erie County, face the reality that many seniors do not have women and good citizens. They participate in Inc., and Girl Scouts across America, take family or friends to take care of them full time. a number of activities that are designed to fos- their role as patriotic Americans more seri- This is particularly important to women. ter friendship, and build character. They learn ously than ever. Two of their public service Women live longer than men. Often times, leadership skills, teamwork, and core values endeavors include airlifting donations of Girl women are the primary caregivers for their that will guide them throughout their lives. Scout Cookies and letters of encouragement husbands. After their husbands pass away, These values are outlined in the Girl Scout to the women and men of the U.S. armed there is often no one around to take care of Law: services stationed in Afghanistan and donating them. I will do my best to be honest and fair, dollars to the children of Afghanistan. Long-term care insurance can help fill this friendly and helpful, considerate and caring, courageous and strong, and responsible for The Girls Scouts of Buffalo & Erie County gap, but premiums can be expensive. My leg- what I say and do, and to respect myself and serve their immediate community through Gifts islation will make long-term care insurance others, respect authority, use resources wise- of Caring and Bronze, Silver and Gold Award more affordable by allowing individuals over ly, make the world a better place, and be a service projects, that not only provides individ- 65 to deduct 75 percent of the cost of their sister to every Girl Scout. uals with the necessities of life, but also helps premiums and individuals under 65 to deduct More than 50 million women in the U.S. to uplift the spirits of the homeless and less 50 percent of the cost of their premiums. have been Girl Scouts. Today these women fortunate members of society. In addition, I have included several impor- are America’s doctors, lawyers, teachers, and I hope that all of my colleagues will join me tant consumer protections in the bill to ensure mothers. The lessons they learned in their in honoring the Girl Scouts. that people are purchasing responsible insur- childhood from their field trips and projects are f ance plans that will adequately meet their still being applied today. Our nation is stronger long-term care needs. INTRODUCTION OF THE LONG- today because of the Girl Scouts. I am proud The bill requires plans to include: to join my colleagues in saluting the Girl TERM CARE SUPPORT AND IN- Mandatory inflation protection; CENTIVE ACT Scouts and look forward to what the next 90 A lifetime deductible requirement that en- years will bring. sures policy holders must only pay their de- f HON. SUSAN DAVIS ductible one time in their lifetime; OF CALIFORNIA Mandatory interchangeability so that individ- HONORING TADELE WORKU FOR IN THE HOUSE OF REPRESENTATIVES uals can determine where their benefits are SERVICE TO OUR COMMUNITY spent; Tuesday, March 19, 2002 A care coordination program that ensures HON. BOB FILNER Mrs. DAVIS of California. Mr. Speaker, I seniors receive assistance in planning and se- OF CALIFORNIA rise today to talk about an important issue fac- curing the services they need. IN THE HOUSE OF REPRESENTATIVES ing our community: the affordability of long- By encouraging people to plan ahead for term care. People today are living longer and the future and purchase long-term care insur- Tuesday, March 19, 2002 healthier lives than ever before. When the ance, we can ensure that seniors live dignified Mr. FILNER. Mr. Speaker and colleagues, I Declaration of Independence was signed, the and independent lives. I urge all of my col- rise today to honor Tadele Worku, recipient of

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MR8.050 pfrm04 PsN: E19PT1 E388 CONGRESSIONAL RECORD — Extensions of Remarks March 19, 2002 the 2001 Yoshiyama Award for Exemplary society what memory is to the individual’’ and H.R. 2341. Several of the amendments are di- Service to the Community, presented to him that humanizing the study of the past makes rectly attributable to many of the alleged dis- by The Hitachi Foundation at an awards cere- it relevant to the young minds of the present. graceful, if not illegal, acts performed by a few mony on Monday, March 18, 2002 in Wash- In making the award, the historical associa- major corporations in the past couple of years. ington, DC. The Foundation named ten high tion quoted a former student’s nomination, These acts include records being sealed, even school seniors nationwide as recipients of this saying not only is Professor Blackey ‘‘a dy- though public health and safety were at stake, prestigious award—ten young people who ex- namic speaker and discussion leader, but he and document shredding. Despite the outrage emplify the best in creativity, accomplishment, enriches his lectures with slides, photographs, that some corporate behavior has created for and service to their communities. art, music, and observations from his travels me and the American public, some proposed Tadele is a 2001 graduate of Hoover High around the world. He brings the people of his- amendments were not well-defined to deal School in my home town of San Diego, Cali- tory to life through visual and verbal illustra- with this illegal conduct. My ‘‘nay’’ votes on fornia. He is receiving this award to recognize tions that humanize them; he also helps stu- certain amendments reflect this concern, how- his contribution to the Ethiopian community in dents to think historically and to appreciate the ever I condemn the corporate behavior that San Diego. Upon his arrival as a refugee from larger themes that he weaves throughout his prompted these proposals. Ethiopia four years ago, he became aware classes.’’ Through his work as editor of the f that Ethiopian children in his neighborhood did teaching column in Perspectives, vice presi- not know how to read and write their native dent of the AHA Teaching Division, chief read- HOUSE CONCURRENT RESOLUTION language. Tadele set to work to develop a tu- er for Advanced Placement European History, TO PREVENT ANY INCREASE IN toring program for these children. While their perennial workshop leader, and frequent guest VETERANS’ HEALTH CARE DE- parents attended church, he worked with their speaker in secondary school classrooms, Pro- DUCTIBLE children, teaching the Ethiopian alphabet and fessor Blackey has made an outstanding con- language and exposing them to the Ethiopian tribution to history teaching, the association HON. TED STRICKLAND literature, tradition, and culture. said. OF OHIO In addition, Tadele provided tutoring in math Blackey’s efforts at serving others don’t stop IN THE HOUSE OF REPRESENTATIVES and science to the children who needed as- at the university’s edge. He has served as Tuesday, March 19, 2002 sistance. He also worked with young adults in Chair of the school’s history department as the computer center of the local library and well as social science coordinator. Addition- Mr. STRICKLAND. Mr. Speaker, in re- volunteered in a San Diego homeless shelter. ally, his work includes having served as vice sponse to the President’s fiscal year 2003 By becoming so involved in service to others, president of the American Historical Associa- budget, I am introducing this Sense of Con- Tadele has truly become a part of his new tion and is an elected member of The College gress to oppose the Administration’s rec- community, a bond which has helped him Board’s National Academic Council. Blackey ommendation to impose a $1,500 deductible overcome a difficult exile from Africa where his also works with Project Upbeat, an innovative on the health care for ‘‘Priority Group 7’’ vet- mother and grandfather were killed and his fa- program that inspires middle school students erans. Just recently the VA increased the vet- ther incarcerated for their political beliefs. to attend and succeed in college. eran prescription drug co-payment by 250%. The Yoshiyama Award, which Tadele has Mr. Speaker, I applaud Professor Blackey’s The President’s budget proposal calls on Con- received, was established in 1988 with a gift dedication to his profession and his continuing gress to legislate a $1,500 deductible for their from Hirokichi Yoshiyama, former president efforts to help students appreciate and under- health care. This deductible is unacceptable and chairman of Hitachi, Ltd., the company stand history. I ask you and my colleagues to and an unnecessary hardship to place upon that established The Hitachi Foundation in join his fellow professors, his friends, and his veterans. It is my hope that by introducing this 1985. The goal of this non-profit, philanthropic family in congratulating him for his record of Resolution, this Congress will speak as one Foundation is to promote social responsibility success. body and make it clear that we will not break through effective participation in global society. f America’s promises to our veterans. The Hitachi Foundation is proud to highlight CLASS ACTION FAIRNESS ACT OF f the achievements of the young people of our 2002 TUNISIA 46TH ANNIVERSARY OF country, the leaders of their generation. INDEPENDENCE I am pleased to take this opportunity to con- SPEECH OF gratulate Tadele Worku on this prestigious award and to thank him for his compassionate HON. EARL BLUMENAUER HON. MARK STEVEN KIRK commitment to his community. OF OREGON OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Wednesday, March 13, 2002 A TRIBUTE TO ROBERT BLACKEY, Tuesday, March 19, 2002 OUTSTANDING HISTORY PRO- The House in Committee of the Whole Mr. KIRK. Mr. Speaker, today, I would like FESSOR House on the State of the Union had under to recognize a great ally of the United States, consideration the bill (H.R. 2341) to amend the procedures that apply to consideration of Tunisia, as she celebrates 46 years of inde- HON. JERRY LEWIS interstate class actions to assure fairer out- pendence. In 1797, the United States signed OF CALIFORNIA comes for class members and defendants, to a Treaty of Peace and Friendship with the IN THE HOUSE OF REPRESENTATIVES outlaw certain practices that provide inad- North African country of Tunisia. Over 150 equate settlements for class members, to as- years later, Tunisia peacefully gained inde- Tuesday, March 19, 2002 sure that attorneys do not receive a dis- pendence from France. Today, we congratu- Mr. LEWIS of California. Mr. Speaker, I rise proportionate amount of settlements at the late Tunisia for 46 years as an independent today to honor the accomplishments of Robert expense of class members, to provide for nation. clearer and simpler information in class ac- The Republic of Tunisia has remained a Blackey, a professor of history at California tion settlement notices, to assure prompt State University at San Bernardino, located at consideration of interstate class actions, to steadfast friend to the United States, joining the western edge of the 40th District of Cali- amend title 28, United States Code, to allow Allied forces during World War II and con- fornia. Professor Blackey is the 2001 honoree the application of the principles of Federal tinuing support throughout the Cold War. Now, of the Eugene Asher Distinguished Teaching diversity jurisdiction to interstate class ac- in the wake of September 11, Tunisia has Award, the highest award given by both the tions, and for other purposes. once again emerged as a true ally, supporting American Historical Association and the Soci- Mr. BLUMENAUER. Mr. Chairman, I rise our current efforts in the war against terror. ety for History Education in recognition of out- today in opposition to H.R. 2341, the Class Based on her geopolitical location, Tunisia’s standing teaching and advocacy for history Action Fairness Act of 2001. This legislation cooperation in the campaign to root out terror- teaching. would make it more difficult for injured con- ists is absolutely critical. Long an advocate of good teaching, Pro- sumers to seek relief from corporate abuses. Today, Tunisia enjoys a burgeoning econ- fessor Blackey’s instructional techniques and This is not the type of legislation that we in omy, as the nation’s per capita income con- knowledge of his subject matter have, over the Congress should be supporting in the wake of tinues to grow substantially. One of Tunisia’s course of his thirty plus years of teaching, the Enron debacle. most valuable assets has been its continued made history come alive for his students. I would also like to state my position on willingness to support a Middle East peace Blackey understands the adage ‘‘History is to some of the amendments being offered on process. Despite being surrounded by nations

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MR8.054 pfrm04 PsN: E19PT1 March 19, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E389 engulfed in political turmoil, Tunisia continues to home ownership and affordable rental hous- purposes that might otherwise go unmet. In to take an active role in combating inter- ing across the country. this bill, we strengthen the FRA program and national unrest. If we are to expand home ownership and af- provide additional tools to encourage home- I congratulate Tunisia on 46 years of inde- fordable rental opportunities, then we must en- ownership opportunities and to increase the pendence and look forward to the United courage new production of affordable single supply of affordable rental housing for all States’ continuing strong relations with Tunisia and multifamily housing. We must break down Americans. for years to come. Please join me in cele- the barriers that prevent certain segments of Needless regulation adds to the cost of brating the 46th Anniversary of Tunisia’s inde- the population from realizing the American housing. By reducing the cost of regulation, pendence. dream of homeownership. One way to do that we can lower the cost of homeownership. That f is to provide opportunities that allow families is why this bill would require a housing impact to acquire and build wealth toward the goal of INTRODUCTION OF THE HOUSING analysis of any new rule of a Federal agency homeownership. That means there must be that has an economic impact of $100,000,000 AFFORDABILITY FOR AMERICA affordable, available rental housing as a fam- ACT OF 2002 or more. H.R. 3191, the ‘‘Home Ownership ily’s first step. This bill includes provisions tar- Opportunities for Public Safety Officers and geted at not only expanding home ownership Teachers’’ has also been incorporated into this HON. MARGE ROUKEMA opportunities but also providing affordable legislation. OF NEW JERSEY rental opportunities. Finally, we reauthorize HOPE VI, HOPWA, The Housing Affordability for America Act IN THE HOUSE OF REPRESENTATIVES the Homeless Housing Programs, and the Na- makes mid-course corrections of housing pro- Tuesday, March 19, 2002 tive American Housing Act. grams that are underused, duplicative or have Mrs. ROUKEMA. Mr. Speaker, today I am been hindered by muddled objectives. This Housing is the number-one consumer prod- introducing the Housing Affordability for Amer- legislation provides increased flexibility for uct in America. While the homeownership rate ica Act of 2002 which will increase the avail- local governments and programs so that they in this country is an impressive 68%, there are ability of affordable housing and expand can better meet the needs of their individual still some that are unable to share in that homeownership and rental opportunities communities. dream. We have an opportunity with this bill to across the country. First, the bill includes a housing production make an impact on affordable housing by ad- This country is facing a growing affordable and preservation program within HOME tar- dressing the issue of growing housing need. housing problem for low and moderate-income geted toward very low and extremely low in- This legislation is the first step—a precursor to families and for those with special needs. Last come families. In addition, we provide flexi- the forthcoming reports from the Millennium year, the Housing Subcommittee held a series bility and increased leverage opportunities for and Senior Housing Commissions which will of hearings to explore housing affordability local governments and local decision-makers help to outline further steps that will be nec- and availability. In those hearings, we heard so they can better meet the needs of their in- essary in the future. from community activist, housing experts, local dividual communities. It is time that we restored confidence and and federal government officials and rep- The FHA program was originally designed accountability to our nation’s housing pro- resentatives from the home building, real es- to encourage lenders to make credit more grams and policies. This legislation will go a tate and mortgage industries on the obstacles readily available and at lower rates for various long way toward reaching that goal.

VerDate 112000 04:43 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A19MR8.058 pfrm04 PsN: E19PT1 Tuesday, March 19, 2002 Daily Digest Senate through 2006, taking action on the following Chamber Action amendments proposed thereto: Pages S2018–69 Routine Proceedings, pages S2017–S2093 Adopted: Measures Introduced: Seven bills and one resolu- Reid (for Bingaman) Amendment No. 3039 (to tion were introduced, as follows: S. 2028–2034, and Amendment No. 2917), making a technical correc- S. Res. 227. Page S2076 tion. Pages S2018, S2069 Measures Reported: Pending: H.R. 2739, To amend Public Law 107–10 to au- Daschle/Bingaman Further Modified Amendment thorize a United States plan to endorse and obtain No. 2917, in the nature of a substitute. observer status for Taiwan at the annual summit of Pages S2018–69 the World Health Assembly in May 2002 in Gene- Feinstein Modified Amendment No. 2989 (to va, Switzerland. Amendment No. 2917), to provide regulatory over- S. Res. 205, urging the Government of Ukraine sight over energy trading markets and metals trad- to ensure a democratic, transparent, and fair election ing markets. Pages S2018–38 process leading up to the March 31, 2002, par- Kerry/McCain Amendment No. 2999 (to Amend- liamentary elections. ment No. 2917), to provide for increased average S. Res. 213, condemning human rights violations fuel economy standards for passenger automobiles in Chechnya and urging a political solution to the and light trucks. Page S2018 conflict, and with an amended preamble. Page S2075 Dayton/Grassley Amendment No. 3008 (to Amendment No. 2917), to require that Federal Measures Passed: agencies use ethanol-blended gasoline and biodiesel- Taiwan Observer Status: Senate passed H.R. blended diesel fuel in areas in which ethanol-blended 2739, to amend Public Law 107–10 to authorize a gasoline and biodiesel-blended diesel fuel are avail- United States plan to endorse and obtain observer able. Page S2018 status for Taiwan at the annual summit of the Bingaman Amendment No. 3016 (to Amendment World Health Assembly in May 2002 in Geneva, No. 2917), to clarify the provisions relating to the Switzerland, clearing the measure for the President. Renewable Portfolio Standard. Pages S2018, S2038 Page S2093 Lott Amendment No. 3028 (to Amendment No. Campaign Finance Reform: Senate began consider- 2917), to provide for the fair treatment of Presi- ation of H.R. 2356, to amend the Federal Election dential judicial nominees. Pages S2018–38 Campaign Act of 1971 to provide bipartisan cam- Lott Amendment No. 3033 (to Amendment No. paign reform. Page S2018 2989), to provide for the fair treatment of Presi- A unanimous-consent agreement was reached pro- dential judicial nominees. Pages S2027–28, S2034 viding for further consideration of the bill at 10 Lincoln Modified Amendment No. 3023 (to a.m., on Wednesday, March 20, 2002, with a vote Amendment No. 2917), to expand the eligibility to on the motion to close further debate on the bill to receive biodiesel credits and to require the Secretary occur at approximately 1 p.m. Further, that if clo- of Energy to conduct a study on alternative fueled ture is invoked, there be an additional 3 hours of de- vehicles and alternative fuels. Pages S2038–43, S2064 bate, equally divided, followed by a vote on passage Kyl Amendment No. 3038 (to Amendment No. of the bill; and if cloture is not invoked, this agree- 3016), to provide for appropriate State regulatory au- ment is vitiated. Page S2064 thority with respect to renewable sources of elec- A further unanimous-consent agreement was tricity. Pages S2043–55, S2056–69 reached providing for consideration of a Senate Reso- Messages From the President: Senate received the lution, the text of which is at the desk, and that the following messages from the President of the United resolution be agreed to. Page S2064 States: Energy Policy Act: Senate resumed consideration of Transmitting, pursuant to law, the Periodic Re- S. 517, to authorize funding for the Department of port on the National Emergency with respect to Na- Energy to enhance its mission areas through tech- tional Union for the Total Independence of Angola nology transfer and partnerships for fiscal years 2002 (UNITA) for the period September 26, 2001 D254

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through March 25, 2002; to the Committee on tive activities from H.T. Johnson, Assistant Secretary Banking, Housing, and Urban Affairs. (PM–77) of the Navy for Installation and Environment; Rear Page S2073 Adm. David D. Pruett, Civil Engineer Corps, USN, Transmitting, pursuant to law, the 2002 Trade Director, Civil Engineering Readiness Division, Policy Agenda and the 2001 Annual Report on the Chief of Naval Operations; Rear Adm. Noel G. Pres- Trade Agreements Program; to the Committee on ton, USNR, Deputy Director of Naval Reserve; Brig. Finance. (PM–78) Page S2073 Gen. (Select) Ronald S. Coleman, USMC, Deputy Authority for Committees: All committees were Assistant Commandant of the Marine Corps for In- authorized to file legislative and executive reports stallation and Logistics Facilities; Nelson F. Gibbs, during the adjournment/recess of the Senate on Assistant Secretary of the Air Force for Installation, Wednesday, April 3, 2002, from 11 a.m. to 1 p.m. Environment and Logistics; Maj. Gen. Earnest O. Page S2093 Robbins II, USAF, The Air Force Civil Engineer, Deputy Chief of Staff, Installations and Logistics; Measures Held at Desk: Page S2073 Brig. Gen. David A. Brubaker, USANG, Deputy Di- Executive Communications: Pages S2073–75 rector, Air National Guard; and Brig. Gen. Robert Executive Reports of Committees: Pages S2075–76 E. Duignan, USAFR, Deputy to the Chief of the Air Force Reserve. Additional Cosponsors: Pages S2076–77 Statements on Introduced Bills/Resolutions: U.S. INTERESTS Pages S2077–90 Committee on Armed Services: Committee concluded Additional Statements: Pages S2070–73 open and closed hearings to examine the worldwide threat to United States interests, after receiving testi- Amendments Submitted: Pages S2090–92 mony from George J. Tenet, Director of Central In- Notices of Hearings/Meetings: Page S2092 telligence; and Vice Adm. Thomas R. Wilson, USN, Authority for Committees to Meet: Pages S2092–93 Director, Defense Intelligence Agency. Adjournment: Senate met at 10 a.m., and ad- DEFENSE AUTHORIZATION journed at 7:27 p.m., until 10 a.m., on Wednesday, Committee on Armed Services: Subcommittee on March 20, 2002. (For Senate’s program, see the re- Seapower concluded hearings on proposed legislation marks of the Acting Majority Leader in today’s authorizing funds for fiscal year 2003 for the De- Record on page S2093). partment of Defense, focusing on maximizing fleet presence capability and ship procurement and re- Committee Meetings search and development, after receiving testimony from Rear Adm. Miles B. Wachendorf, USN, Direc- (Committees not listed did not meet) tor, Strategy and Policy Division, Office of the Chief APPROPRIATIONS—NOAA/FTC of Naval Operations; John J. Young, Jr., Assistant Committee on Appropriations: Subcommittee on Com- Secretary of the Navy for Research, Development and merce, Justice, State, and the Judiciary concluded Acquisition; and Vice Adm. Michael G. Mullen, hearings on proposed budget estimates for fiscal year USN, Deputy Chief of Naval Operations for Re- 2003, after receiving testimony in behalf of funds for sources, Requirements and Assessments. their respective activities from Vice Adm. Conrad C. ACCOUNTING AND INVESTOR Lautenbacher, Jr., Under Secretary of Commerce for PROTECTION Oceans and Atmosphere/Administrator, National Committee on Banking, Housing, and Urban Affairs: Oceanic and Atmospheric Administration; and Tim- Committee resumed oversight hearings to examine othy J. Muris, Chairman, Federal Trade Commission. accounting and investor protection issues raised by APPROPRIATIONS—INTERNATIONAL the fall of the Enron Corporation and by other pub- AFFAIRS lic companies, focusing on oversight and regulation Committee on Appropriations: Subcommittee on Foreign of the accounting profession, corporate governance, Operations concluded hearings on proposed budget and stock analyst conflicts of interests, receiving tes- estimates for fiscal year 2003 for the international af- timony from Charles A. Bowsher, former Comp- fairs programs of the Department of the Treasury, troller General of the United States, General Ac- after receiving testimony from Paul H. O’Neill, Sec- counting Office, Aulana L. Peters, and Alan B. retary of the Treasury. Levenson, former Director, Division of Corporation Finance, Securities and Exchange Commission, all of APPROPRIATIONS—MILITARY the Public Oversight Board, Stamford, Connecticut; CONSTRUCTION L. William Seidman, Washington, D.C., former Committee on Appropriations: Subcommittee on Mili- Chairman, Federal Deposit Insurance Corporation; tary Construction concluded hearings on proposed and John C. Whitehead, former Deputy Secretary of budget estimates for fiscal year 2003 for Navy and State, and Michael Mayo, Prudential Securities, Inc., Air Force military construction programs, after re- both of New York, New York. ceiving testimony in behalf of funds for their respec- Hearings continue tomorrow.

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NOMINATION H.R. 2739, to amend Public Law 107–10 to re- Committee on Commerce, Science, and Transportation: quire a United States plan to endorse and obtain ob- Committee concluded hearings on the nomination of server status for Taiwan at the annual summit of the Vice Admiral Thomas Collins to be Commandant of World Health Assembly in May 2002 in Geneva, the United States Coast Guard, Department of Switzerland; Transportation, after the nominee, who was intro- S. Res. 205, urging the Government of Ukraine duced by Senator Stevens, testified and answered to ensure a democratic, transparent, and fair election questions in his own behalf. process leading up to the March 31, 2002, par- liamentary elections; and COAST GUARD BUDGET The nominations of Emmy B. Simmons, of the Committee on Commerce, Science, and Transportation: Sub- District of Columbia, to be Assistant Administrator committee on Oceans, Atmosphere, and Fisheries for Economic Growth, Agriculture, and Trade of the concluded oversight hearings to examine the Presi- United States Agency for International Development, dent’s proposed budget request for fiscal year 2003 Robert B. Holland III, of Texas, to be United States of the United States Coast Guard, after receiving tes- Alternate Executive Director of the International timony from Adm. James M. Loy, Commandant, Bank For Reconstruction and Development, Robert United States Coast Guard; Kenneth M. Mead, In- Patrick John Finn, of New York, to be Ambassador spector General, Department of Transportation; and to Afghanistan, Richard Monroe Miles, of South JayEtta Z. Hecker, Director, Physical Infrastructure Carolina, to be Ambassador to Georgia, James W. Issues, General Accounting Office. Pardew, of Arkansas, to be Ambassador to the Re- public of Bulgaria, Peter Terpeluk, Jr., of Pennsyl- SURFACE TRANSPORTATION PROGRAM vania, to be Ambassador to Luxembourg, Lawrence Committee on Environment and Public Works: Com- E. Butler, of Maine, to be Ambassador to The mittee resumed hearings to examine ideas for trans- Former Yugoslav Republic of Macedonia, and two portation demand, access, mobility, congestion, and Foreign Service Officer promotions lists. program flexibility, in preparation for reauthoriza- tion of Transportation Equity Act for the Twenty CHEMICAL AND BIOLOGICAL WEAPONS First Century (TEA 21), after receiving testimony Committee on Foreign Relations: Committee concluded from Tim Lomax, Texas A&M University Texas hearings to examine the scope of the threat facing Transportation Institute, College Station; Ron Sims, the United States from potential military or terrorist Offices of the King County Executive, Seattle, attack with chemical and biological weapons, and ac- Washington; Anthony Downs, Brookings Institu- tions necessary to address and reduce this threat, tion, Washington, D.C.; C. Kenneth Orski, Urban after receiving testimony from Carl W. Ford, Assist- Mobility Corporation, Potomac, Maryland; Frederick ant Secretary of State for Intelligence and Research; P. Salvucci, Massachusetts Institute of Technology, Alan P. Zelicoff, Senior Scientist, Sandia National Cambridge; and Alan E. Pisarski, Falls Church, Vir- Laboratories Center for National Security and Arms ginia. Control; Michael Moodie, Chemical and Biological Hearings recessed subject to call. Arms Control Institute, Washington, D.C., former Assistant Director, U.S. Arms Control and Disar- CHILD CARE mament Agency; and Amy Sands, Monterey Institute Committee on Finance: Subcommittee on Social Secu- of International Studies Center for Nonproliferation rity and Family Policy held joint hearings with the Studies, Monterey, California, former Assistant Di- Committee on Health, Education, Labor, and Pen- rector, Intelligence, Verification, and Information sions Subcommittee on Children and Families to ex- Management Bureau, U.S. Arms Control and Disar- amine affordable child care and improving links be- mament Agency. tween the welfare work requirements and child care for low income, working families, receiving testi- FEDERAL WORKFORCE REFORM mony from Wade F. Horn, Assistant Secretary of Committee on Governmental Affairs: Subcommittee on Health and Human Services for Children and Fami- International Security, Proliferation and Federal Serv- lies; Ann S. Williamson, Louisiana Department of ices continued hearings to examine proposed legisla- Social Services, Baton Rouge; Mark H. Greenberg, tion to give federal agencies new management tools Center for Law and Social Policy, Washington, D.C.; to handle recruitment and retention of skilled federal and Vicky Flamand, Fort Walton Beach, Florida. employees, in order to avoid a human capital crisis Hearings recessed subject to call. which may be brought by large-scale retirements ex- pected in the near future, including S. 1603, to pro- BUSINESS MEETING vide for reform relating to Federal employment, and Committee on Foreign Relations: Committee ordered fa- S. 1612, to provide Federal managers with tools and vorably reported the following business items: flexibility in areas such as personnel, budgeting, S. Res. 213, condemning human rights violations property management and disposal, receiving testi- in Chechnya and urging a political solution to the mony from Paul C. Light, Brookings Institution, on conflict, with amendments; behalf of the National Commission on the Public

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Service, and Max Stier, Partnership for Public Serv- the Tenth Circuit, Lance M. Africk, to be United ice, both of Washington, D.C.; Carolyn Ban, Univer- States District Judge for the Eastern District of Lou- sity of Pittsburgh Graduate School of Public and isiana, Paul G. Cassell, to be United States District International Affairs, Pittsburgh, Pennsylvania, on Judge for the District of Utah, and Legrome D. behalf of the National Association of Schools of Pub- Davis, to be United States District Judge for the lic Affairs and Administration; and Steven J. Eastern District of Pennsylvania, after the nominees Kelman, Harvard University John F. Kennedy testified and answered questions in their own behalf. School of Government, Cambridge, Massachusetts. Mr. O’Brian was introduced by Senators Thomas and Enzi, Mr. Africk was introduced by Senator Breaux NOMINATIONS and Representative Tauzin, Mr. Cassell was intro- Committee on the Judiciary: Committee concluded duced by Senators Hatch and Bennett, and Mr. hearings on the nominations of Terrence L. O’Brian, Davis was introduced by Senators Specter and of Wyoming, to be United States Circuit Judge for Santorum. h House of Representatives ness, and other purposes requiring the grant of long- Chamber Action term leases’’, approved August 9, 1955, to provide Measures Introduced: 18 public bills, H.R. for binding arbitration clauses in leases and contracts 3991–4008; and 5 resolutions, H. Con. Res. related to reservation lands of the Gila River Indian 356–359, and H. Res. 371, were introduced. Community; Pages H945–46 Pages H1002–03 Elephant Butte Reservoir and Caballo Reservoir, Reports Filed: Reports were filed today as follows: New Mexico—Lease Lot Conveyance Act: H.R. H. Res. 372, providing for consideration of H. 706, amended, to direct the Secretary of the Interior Con. Res. 353, establishing the congressional budget to convey certain properties in the vicinity of the for the United States Government for fiscal year Elephant Butte Reservoir and the Caballo Reservoir, 2003 and setting forth appropriate budgetary levels New Mexico; Pages H946–48 for each of fiscal years 2004 through 2007 (H. Rept. National Park of American Samoa Boundary 107–380); and Adjustment: H.R. 1712, amended, to authorize the H. Res. 373, providing for consideration of H.R. Secretary of the Interior to make minor adjustments 3924, to authorize telecommuting for Federal con- to the boundary of the National Park of American tractors (H. Rept. 107–381). Page H1002 Samoa to include certain portions of the islands of Speaker Pro Tempore: Read a letter from the Ofu and Olosega within the park. Agreed to amend Speaker wherein he appointed Representative the title so as to read: ‘‘A bill to authorize the Sec- Culberson to act as Speaker pro tempore for today. retary of the Interior to make adjustments to the Page H939 boundary of the National Park of American Samoa Prayer: The prayer was offered by Rabbi Joseph F. to include certain portions of the islands of Ofu and Mendelsohn, Heska Amuna Synagogue of Knoxville, Olosega within the park, and for other purposes.’’; Tennessee. Page H943 Pages H948–49, H953–54 Recess: The House recessed at 1:07 p.m. and recon- Commending the Phoenix Project and its Res- vened at 2 p.m. Page H943 toration of the Pentagon: H. Res. 368, commending Journal: Agreed to the Speaker’s approval of the the great work that the Pentagon Renovation Pro- Journal of Monday, March 18 by a yea-and-nay vote gram and its contractors have completed thus far, in of 363 yeas to 44 nays, with 1 voting ‘‘present,’’ reconstructing the portion of the Pentagon that was Roll No. 65. Pages H943, H972 destroyed by the terrorist attack of September 11, Private Calendar: On the call of the Private Cal- 2001 (agreed to by a yea-and-nay vote of 413 yeas endar, passed over H.R. 392, for the relief of Nancy with none voting ‘‘nay’’, Roll No. 66); B. Wilson without prejudice. Page H944 Pages H949–52, H973 Suspensions: The House agreed to suspend the rules Utah Public Lands Artifact Preservation Act: and pass the following measures: H.R. 3928, to assist in the preservation of archae- Gila River Indian Community Lease Act: H.R. ological, paleontological, zoological, geological, and 3985, to amend the Act entitled ‘‘An Act to author- botanical artifacts through construction of a new fa- ize the leasing of restricted Indian lands for public, cility for the University of Utah Museum of Natural religious, educational, recreational, residential, busi- History, Salt Lake City, Utah; Pages H952–53

VerDate 11-MAY-2000 06:27 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 5627 Sfmt 5627 E:\CR\FM\D19MR2.REC pfrm02 PsN: D19MR2 D258 CONGRESSIONAL RECORD — DAILY DIGEST March 19, 2002 Extension of Export-Import Bank Authority Recess: The House recessed at 5:03 p.m. and recon- until April 30, 2002: S. 2019, to extend the au- vened at 6:30 p.m. Page H972 thority of the Export-Import Bank until April 30, Recess: The House recessed at 10:41 p.m. and re- 2002—clearing the measure for the President; convened at 12:45 a.m. on Wednesday, March 20, Pages H954–58 2002. Page H1000 Bureau of Engraving and Printing Security Amendments: Amendment ordered printed pursu- Printing Amendments: H.R. 2509, amended, to au- ant to the rule appear on pages H1003–04. thorize the Secretary of the Treasury to produce cur- Quorum Calls Votes: Four yea-and-nay votes devel- rency, postage stamps, and other security documents oped during the proceedings of the House today and at the request of foreign governments, and security appear on pages H972, H973, H973–74, and H974. documents at the request of the individual States of There were no quorum calls. the United States, or any political subdivision there- of, on a reimbursable basis (agreed to by a yea-and- Adjournment: The House met at 12:30 p.m. and nay vote of 403 yeas to 11 nays, Roll No. 67). adjourned at 12:46 a.m. on Wednesday, March 20, Agreed to amend the title so as to read: ‘‘To author- 2002. ize the Secretary of the Treasury to produce currency, postage stamps, and other security documents at the Committee Meetings request of foreign governments on a reimbursable basis.’’; Pages H958–60, H973–74 LABOR, HHS AND EDUCATION Extension of Unemployment Assistance Related APPROPRIATIONS to September 11 Terrorist Attacks: H.R. 3986, to Committee on Appropriations: Subcommittee on Labor, extend the period of availability of unemployment Health and Human Services and Education held a assistance under the Robert T. Stafford Disaster Re- hearing on National Institutes of Health Panel: Fun- lief and Emergency Assistance Act in the case of vic- damental Research: Biomedical Science in the Fu- tims of the terrorist attacks of September 11, 2001; ture. Testimony was heard from the following offi- and Pages H960–65 cials of NIH, Department of Health and Human James R. Browning United States Courthouse, Services: Marvin Cassman, M.D., Director, National San Francisco, California: H.R. 2804, to designate Institute of General Medical Sciences; James F. the United States courthouse located at 95 Seventh Battey, Jr., M.D., Director, National Institute on Street in San Francisco, California, as the ‘‘James R. Deafness and Other Communication Disorders; Rich- Browning United States Courthouse’’ (agreed to by ard Nakamura, M.D., Acting Director, National In- a yea-and-nay vote of 403 yeas to 1 nay, Roll No. stitute of Mental Health; Glen Hanson, M.D., Act- 68). Pages H965–67, H974 ing Director, National Institute on Drug Abuse; Ju- dith L. Vaitukaitis, M.D., Director, National Center Suspension Proceedings Postponed—Democratic for Research Resources; and Ellie Ehrenfeld, M.D., Parliamentary Elections in Ukraine: The House Director, Center for Scientific Review. completed debate on the motion to suspend the rules and agree to H. Res. 339, amended, urging the VA, HUD, AND INDEPENDENT AGENCIES Government of Ukraine to ensure a democratic, APPROPRIATIONS transparent, and fair election process leading up to the March 31, 2002, parliamentary elections. Further Committee on Appropriations: Subcommittee on Vet- proceedings were postponed until Wednesday, March erans’ Affairs, Housing and Urban Development, and Independent Agencies held a hearing on Department 20. Pages H967–71 of Housing and Urban Development. Testimony was Presidential Messages: Read the following mes- heard from Mel R. Martinez, Secretary of Housing sages from the President: and Urban Development. National Emergency re Angola: Message wherein he transmitted a six month periodic report on the U.S. DEFENSE INDUSTRIAL BASE National Emergency with respect to the National Committee on Armed Services: Subcommittee on Mili- Union for the Total Independence of Angola tary Procurement held a hearing on the U.S. defense (UNITA) that was declared in Executive Order industrial base. Testimony was heard from Suzanne 12865 of September 26, 1993—referred to the Com- D. Patrick, Deputy Under Secretary (Industrial Pol- mittee on International Relations and ordered print- icy), Department of Defense; and public witnesses. ed (H. Doc. 107–190); and Pages H971–72 Trade Policy Agenda and Trade Agreements NATURAL GAS PIPELINE SAFETY ACT AND Program: Message wherein he transmitted the 2002 HAZARDOUS LIQUID PIPELINE SAFETY Trade Policy agenda and 2001 Annual Report on the ACT REAUTHORIZATION Trade Agreements Program—referred to the Com- Committee on Energy and Commerce: Subcommittee on mittee on Ways and Means and ordered printed (H. Energy and Air Quality held a hearing on the reau- Doc. 107–191). Page H972 thorization of the Natural Gas Pipeline Safety Act

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and the Hazardous Liquid Pipeline Safety Act. Testi- 3924, Freedom to Telecommute Act of 2002, equal- mony was heard from Ellen G. Engleman, Adminis- ly divided and controlled by the chairman and rank- trator, Research and Special Programs Administra- ing minority member of the Committee on Govern- tion, Department of Transportation; Robert J. ment Reform. The rule allows the chairman of the Chipkevich, Director, Office of Railroad, Pipeline, Committee of the Whole to accord priority in rec- Pipeline and Hazardous Materials Investigations, Na- ognition to those members who have pre-printed tional Transportation Safety Board; Peter Guerrero, their amendments in the Congressional Record. Fi- Director, Physical Infrastructure, GAO; and public nally, the rule provides one motion to recommit witnesses. with or without instructions. OVERSIGHT—INS NOTIFICATION OF APPROVAL—TERRORIST HIJACKERS CONCURRENT RESOLUTION ON THE Committee on the Judiciary, Subcommittee on Immi- BUDGET gration and Claims held an oversight hearing on Committee on Rules: Granted, by voice vote, a closed ‘‘The INS March 2002 Notification of Approval of rule on H. Con. Res. 353, establishing the congres- Change of Status for Pilot Training for Terrorist Hi- sional budget for the United States Government for jackers Mohammed Atta and Marwan Al-Shehhi.’’ fiscal year 2003 and setting forth appropriate budg- Testimony was heard from the following officials of etary levels for each of fiscal years 2004 through the INS, Department of Justice: James Ziglar, Com- 2007, providing three hours of general debate, with missioner; and Michael Cutler, Special Agent; and two hours confined to the congressional budget public witnesses. equally divided and controlled by the chairman and MISCELLANEOUS MEASURES ranking minority member of the Committee on the Committee on Resources: Subcommittee on National Budget, and one hour on the subject of economic Parks, Recreation and Public Lands held a hearing goals and policies equally divided and controlled by on the following: H.R. 2982, to authorize the estab- Representative Saxton of New Jersey and Representa- lishment of a memorial within the area in the Dis- tive Stark of California or their designees. The rule trict of Columbia referred to in the Commemorative waives all points of order against consideration of the Works Act as ‘‘Area I’’ or ‘‘Area II’’ to the victims concurrent resolution. The rule provides that the of terrorist attacks on the United States, to provide amendment in the nature of a substitute printed in for the design and construction of such a memorial; the report of the Committee on Rules shall be con- H.R. 3380, to authorize the Secretary of the Interior sidered as adopted in the House and in the Com- to issue right-of-way permits for natural gas pipe- mittee of the Whole. The rule permits the chairman lines within the boundary of Great Smoky Moun- of the Budget Committee to offer amendments in tains National Park; and a measure to designate and the House to achieve mathematical consistency. Fi- provide for the management of the Shoshone Na- nally, the rule provides that the concurrent resolu- tional Recreation Trail. Testimony was heard from tion shall not be subject to a demand for division Representatives Turner and Jenkins; P. Daniel of the question of its adoption. Testimony was heard Smith, Special Assistant to the Director, National from Chairman Nussle and Representatives Spratt, Park Service, Department of the Interior; and public McDermott, Davis of Florida, Clayton, Moran of witnesses. Virginia, Moore, Holt, Matheson, Skelton, Stenholm, MISCELLANEOUS MEASURE Tanner, Taylor of Mississippi, Brown of Ohio, Millender-McDonald, Hinojosa, Kilpatrick, Committee on Resources: Subcommittee on Water and Tauscher, Tierney, and Hill. Power held a hearing on H.R. 3881, to authorize the Secretary of the Interior to engage in studies relating to enlarging Pueblo Dam and Reservoir and Sugar RURAL AMERICA—ACCESS TO HEALTH Loaf Dam and Turquoise Lake, Fryingpan-Arkansas CARE Project, Colorado. Testimony was heard from Rep- Committee on Small Business: Subcommittee on Rural resentatives Hefley and Moran of Kansas; John W. Enterprises, Agriculture and Technology held a hear- Keys III, Commissioner, Bureau of Reclamation, De- ing on Access to Health Care in Rural America. Tes- partment of the Interior; the following officials of timony was heard from public witnesses. the State of Kansas: Carla Stovall, Attorney General; and David Pope, Chief Engineer, Division of Water JOINT MILITARY INTELLIGENCE Resources, Department of Agriculture; Jim Null, Councilman, City of Colorado Springs, State of Colo- PROGRAMS/TACTICAL INTELLIGENCE rado; and public witnesses. Permanent Select Committee on Intelligence: Met in execu- tive session to hold a hearing on Joint Military In- FREEDOM TO TELECOMMUTE ACT telligence Programs/Tactical Intelligence and Related Committee on Rules: Granted, by voice vote, an open Activities. Testimony was heard from departmental rule providing one hour of general debate on H.R. witnesses.

VerDate 11-MAY-2000 06:27 Mar 20, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 5627 Sfmt 5627 E:\CR\FM\D19MR2.REC pfrm02 PsN: D19MR2 D260 CONGRESSIONAL RECORD — DAILY DIGEST March 19, 2002 COMMITTEE MEETINGS FOR hearings to examine identity theft and information pro- WEDNESDAY, MARCH 20, 2002 tection, 10 a.m., SD–226. Committee on Veterans’ Affairs: to hold joint hearings (Committee meetings are open unless otherwise indicated) with the House Committee on Veterans’ Affairs to exam- Senate ine the legislative presentations of American Ex-Prisoners of War, the Vietnam Veterans of America, the Retired Committee on Appropriations: Subcommittee on VA, Officers Association, the National Association of State Di- HUD, and Independent Agencies, to hold hearings to ex- rectors of Veterans Affairs, and AMVETS, 2 p.m., 345 amine proposed budget estimates for fiscal year 2003 for Cannon Building. the Environmental Protection Agency, 9:30 a.m., SD–138. House Subcommittee on Defense, to hold closed hearings to Committee on Appropriations, Subcommittee on Agri- examine an overview of intelligence programs, 10 a.m., culture, Rural Development, Food and Drug Administra- S–407 Capitol. tion and Related Agencies, on Rural Development, 9:30 Subcommittee on Treasury and General Government, a.m., 2362A Rayburn. to hold hearings on proposed budget estimates for fiscal year 2003 for the Office of Management and Budget, Subcommittee on Commerce, Justice, State and Judici- 1:30 p.m., SD–192. ary, on DEA, 10 a.m., and on U.S. Trade Representative, Subcommittee on Agriculture, Rural Development, and 2 p.m., H–309 Capitol. Related Agencies, to hold hearings to examine proposed Subcommittee on Defense, on Fiscal Year 2003 Air budget estimates for fiscal year 2003 for public health, Force Budget Overview, 9:30 a.m., H–140 Capitol. nutrition and regulatory agencies, 2 p.m., SD–138. Subcommittee on Interior, on Smithsonian, 10 a.m., Committee on Armed Services: Subcommittee on Per- B–308 Rayburn. sonnel, to hold hearings on proposed legislation author- Subcommittee on Labor, Health and Human Services, izing funds for fiscal year 2003 for the Department of and Education, on Center for Medicare and Medicaid Defense, focusing on recruiting and retention in the mili- Services and the Administration for Children and Fami- tary services, 9:30 a.m., SR–232A. lies, 10:15 a.m., 2358 Rayburn. Subcommittee on Strategic, to hold hearings on pro- Subcommittee on Military Construction, on posed legislation authorizing funds for fiscal year 2003 Unexploded Ordnance, 9:30 a.m., B–300 Rayburn. for the Department of Defense, focusing on national secu- Subcommittee on Transportation, on Federal Transit rity space programs and strategic programs, 2:30 p.m., Administration, 2 p.m., 2358 Rayburn. SR–232A. Subcommittee on Treasury, Postal Service and General Committee on Banking, Housing, and Urban Affairs: to Government, on Bureau of Public Debt, 2 p.m., 2359 continue oversight hearings to examine accounting and Rayburn. investor protection issues raised by the fall of the Enron Subcommittee on VA, HUD and Independent Agen- Corporation and by other public companies, 10 a.m., cies, on Corporation for National and Community Serv- SD–538. ices, 9:30 a.m., and on Council on Environmental Qual- Committee on the Budget: business meeting to mark up ity, 11:30 a.m., H–143 Capitol. a proposed concurrent resolution setting forth the fiscal Committee on Armed Services, to continue hearings on the year 2003 budget for the Federal Government, 10 a.m., fiscal year 2003 National Defense Authorization budget SD–608. request, 10 a.m., 2118 Rayburn. Committee on Commerce, Science, and Transportation: to Subcommittee on Military Installations and Facilities, hold hearings to examine H.R. 1542, to deregulate the hearing on the fiscal year 2003 National Defense Author- Internet and high speed data services, 9:30 a.m., SR–253. ization budget request, 2 p.m., 2212 Rayburn. Committee on Environment and Public Works: to hold hear- Subcommittee on Military Procurement, hearing on the ings to examine legislative initiatives that would impose fiscal year 2003 National Defense Authorization budget limits on the shipments of out-of-State municipal solid request, 2 p.m., 2118 Rayburn. waste and authorize State and local governments to exer- Committee on Education and the Workforce, to mark up the cise flow control, 10 a.m., SD–406. following bills: H.R. 3762, Pension Security Act of 2002; Committee on Governmental Affairs: to hold hearings to H.R. 3784, Museum and Libraries Services Act of 2002; examine issues with respect to the collapse of the Enron H.R. 3839, Keeping Children and Families Safe Act of Corporation, focusing on credit rating agencies, 9:30 2002; and H.R. 3801, to provide for improvement of a.m., SD–342. Federal education research, statistics, evaluation, informa- Committee on Health, Education, Labor, and Pensions: busi- tion, and dissemination, 10:30 a.m., 2175 Rayburn. ness meeting to mark up S. 1992, to amend the Em- Committee on Energy and Commerce, Subcommittee on ployee Retirement Income Security Act of 1974 to im- Health, hearing entitled ‘‘Medicare Modernization: Exam- prove diversification of plan assets for participants in in- ining the Federal Employees Health Benefit Program as dividual account plans, to improve disclosure, account ac- a Model for Seniors,’’ 10 a.m., 2322 Rayburn. cess, and accountability under individual account plans; Committee on Financial Services, to continue hearings on and S. 1335, to support business incubation in academic H.R. 3763, Corporate and Auditing Accountability, Re- settings, 10 a.m., SD–430. sponsibility, and Transparency Act of 2002, 10 a.m., Select Committee on Intelligence: to hold closed hearings to 2128 Rayburn. examine pending intelligence matters, 2:30 p.m., Committee on Government Reform, Subcommittee on Gov- SH–219. ernment Efficiency, Financial Management and Intergov- Committee on the Judiciary: Subcommittee on Tech- ernmental Relations, hearing on ‘‘Financial Management nology, Terrorism, and Government Information, to hold at NASA: What Went Wrong?’’ 10 a.m., 2154 Rayburn.

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Subcommittee on Government Efficiency, Financial shore of the Great Salt Lake, Utah; and S. 506, Huna Management, and Intergovernmental Affairs, hearing on Totem Corporation Land Exchange Act, 10 a.m., and to ‘‘The Department of Defense: What is Being Done to Re- hold a hearing on the following bills: H.R. 2829, Sound solve Longstanding Financial Management Problems?’’ 1 Science for Endangered Species Act Planning Act of p.m., 2154 Rayburn. 2001; and H.R. 3705, Sound Science Saves Species Act Committee on International Relations, to mark up the fol- of 2002, 2 p.m., 1324 Longworth. lowing: the Afghanistan Freedom Support Act; H.R. Committee on Science, to mark up the following bills: 3656, to amend the International Organizations Immuni- H.R. 2051, to provide for the establishment of regional ties Act to provide for the applicability of that Act to the plant genome and gene expression research and develop- European Central Bank; and H. Con. Res. 290, express- ment centers; H.R. 3389, National Sea Grant College ing the sense of the Congress that women throughout the Program Act Amendments of 2002; and H.R. 3939, En- world should join together for a week of workshops, fo- ergy Pipeline Research, Development, and Demonstration rums, and other events to speak up for world peace, Act; followed by a hearing on The 2001 Presidential 10:15 a.m., 2172 Rayburn. Awardees for Excellence in Mathematics and Science Committee on the Judiciary, to mark up the following Teaching: Views from the Blackboard, 10 a.m., 2318 bills: H.R. 476, Child Custody Protection Act; and H.R. Rayburn. 3925, Digital Tech Corps Act of 2002, 10:30 a.m., 2141 Committee on Small Business, hearing on Making the Of- Rayburn. fice of Advocacy Independent, 10 a.m., 2360 Rayburn. Subcommittee on Courts, the Internet, and Intellectual Committee on Transportation and Infrastructure, to consider Property, to mark up H.R. 3892, Judicial Improvements the following measures: H.R. 3983, Maritime Transpor- Act of 2002, immediately following full Committee tation Antiterrorism Act of 2002; H.R. 3930, Water markup, 2141 Rayburn. Quality Financing Act of 2002; H. Con. Res. 347, au- Committee on Resources, to mark up the following meas- thorizing the use of the Capitol Grounds for the National ures: H. Res. 261, recognizing the historical significance Peace Officers’ Memorial Service; H. Con. Res. 348, au- of the Aquia sandstone quarries of Government Island in thorizing the use of the Capitol Grounds for the National Stafford County, Virginia for their contributions to the Book Festival; H. Con. Res. 356, authorizing the use of construction of the Capitol of the United States; H.R. the Capitol Grounds for the Greater Washington Soap 1448, to clarify the tax treatment of bonds and other ob- Box Derby; H. Con. Res. 354, authorizing the use of the ligations issued by the Government of American Samoa; Capitol Grounds for the District of Columbia Special H.R. 2109, to authorize the Secretary of the Interior to Olympics Law Enforcement Torch Run; H.R. 2672, to conduct a special resource study of Virginia Key Beach, designate the United States courthouse to be constructed Florida, for possible inclusion in the National Park Sys- at 8th Avenue and Mill Street in Eugene, Oregon as the tem; H.R. 2114, National Monument Fairness Act of ‘‘Wayne Lyman Morse United States Courthouse;’’ and 2001; H.R. 2628, Muscle Shoals National Heritage Area H.R. 2911, to designate the Federal building located at Study Act of 2001; H.R. 2643, Fort Clatsop National 5100 Paint Branch Parkway in College Park, Maryland, Memorial Expansion Act of 2001; H.R. 2880, Five Na- as the ‘‘Harvey W. Wiley Federal Building.’’ 11 a.m., tions Citizens Land Reform Act; H.R. 2937, to provide 2167 Rayburn. for the conveyance of certain public land in Clark Coun- Subcommittee on Coast Guard and Maritime Transpor- ty, Nevada, for use as a shooting range; H.R. 2963, Deep tation, to mark up H.R. 3983, Maritime Transportation Creek Wilderness Act; H.R. 3421, Yosemite National and Antiterrorism Act of 2002, 10 a.m., 2253 Rayburn. Park Educational Facilities Improvement Act; H.R. 3425, Subcommittee on Highways and Transit, hearing on to direct the Secretary of the Interior to study the suit- Ensuring the Integrity of the Highway Trust Fund, 2 ability and feasibility of establishing Highway 49 in Cali- p.m., 2167 Rayburn. fornia, known as the Golden Chain Highway, as a Na- Committee on Ways and Means, to mark up H.R. 3991, tional Heritage Corridor; H.R. 3480, Upper Mississippi Taxpayer Protection and IRS Accountability Act of 2002, River Basin Protection Act of 2001; H.R. 3606, Wallowa 10:30 a.m., 1100 Longworth. Lake Dam Rehabilitation and Water Management Act of Permanent Select Committee on Intelligence, executive, hear- 2001; H.R. 3848, to provide for funds for the construc- ing on National Foreign Intelligence Program Overview tion of recreational and visitor facilities in Washington of Fiscal Year 2003, 2:30 p.m., H–405 Capitol. County, Utah; H.R. 3853, to make technical corrections to laws passed by the 106th Congress related to parks Joint Meetings and public lands; H.R. 3909, Gunn McKay Nature Pre- Joint Meetings: Senate Committee on Veterans’ Affairs, serve Act; H.R. 3955, to designate certain National For- to hold joint hearings with the House Committee on est System lands in the Commonwealth of Puerto Rico as Veterans’ Affairs to examine the legislative presentations components of the National Wilderness Preservation Sys- of American Ex-Prisoners of War, the Vietnam Veterans tem; H.R. 3958, to provide a mechanism for the settle- of America, the Retired Officers Association, the National ment of claims of the State of Utah regarding portions Association of State Directors of Veterans Affairs, and of the Bear River Migratory Bird Refuge located on the AMVETS, 2 p.m., 345 Cannon Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, March 20 10 a.m., Wednesday, March 20

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 3924, ation of H.R. 2356, Campaign Finance Reform, with a Freedom to Telecommute Act (open rule, one hour of vote on the motion to close further debate on the bill to general debate) and occur at approximately 1 p.m. Consideration of H. Con. Res. 353, Budget Resolution Also, Senate expects to resume consideration of S. 517, for FY 2002 (closed rule, three hours of general debate). Energy Policy Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E383, E386 Menendez, Robert, N.J., E375, E376 Greenwood, James C., Pa., E385 Olver, John W., Mass., E383 Baldwin, Tammy, Wisc., E379 Honda, Michael M., Calif., E378, E386 Pallone, Frank, Jr., N.J., E375, E376, E379 Bentsen, Ken, Tex., E380 Houghton, Amo, N.Y., E379 Petri, Thomas E., Wisc., E377 Blumenauer, Earl, Ore., E388 Hunter, Duncan, Calif., E380 Quinn, Jack, N.Y., E387 Crane, Philip M., Ill., E379 Kildee, Dale E., Mich., E376 Rogers, Mike, Mich., E385 Davis, Susan, Calif., E387 Kirk, Mark Steven, Ill., E388 Roukema, Marge, N.J., E389 Dingell, John D., Mich., E383 Kucinich, Dennis J., Ohio, E381 Saxton, Jim, N.J., E385 Engel, Eliot L., N.Y., E381 Lantos, Tom, Calif., E377 Schaffer, Bob, Colo., E385 Etheridge, Bob, N.C., E387 Levin, Sander M., Mich., E375 Strickland, Ted, Ohio, E388 Filner, Bob, Calif., E387 Lewis, Jerry, Calif., E388 Sununu, John E., N.H., E376 Forbes, J. Randy, Va., E385 Lofgren, Zoe, Calif., E378 Thurman, Karen L., Fla., E377 Gekas, George W., Pa., E379 Meek, Carrie P., Fla., E380 Wilson, Heather, N.M., E376

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